Stanley Gerald Keefe [1995] NSWLST 9

Stanley Gerald Keefe [1995] NSWLST 9

The Solicitor wilfully contravened s.61 of the Legal Profession Act 1987 in the vast majority of matters by misusing or failing properly to apply trust money, drawing costs or disbursements without proper bills or authority, failing to pay disbursements and out-of-pocket expenses for which he had received funds, and misappropriating client funds. He also wilfully contravened s.62 by failing to maintain trust records showing the true position. In several matters he disgracefully and dishonourably failed to comply with client instructions, breached an undertaking to the Court, and in other matters engaged in unsatisfactory professional conduct by charging twice for the same work and...

Jurisdiction
Australia
Judgment Date
23 March 1995
Procedural Posture
Disciplinary Complaint Against a Solicitor Alleging Professional Misconduct and Unsatisfactory Professional Conduct / Hearing and Determination by the Legal Services Tribunal Under the Transitional Provisions of the Legal Profession Reform Act 1993 and Its Regulations
Outcome
The Tribunal found the Solicitor guilty of professional misconduct in a large number of matters and guilty of unsatisfactory professional conduct in other matters, and ordered removal of his name from the Roll of Solicitors in New South Wales.
Legal Topics
['cancellation of Practising Certificate' 'removal From Roll of Solicitors' 'wilful Breach of Trust Money Obligations' 'failure to Keep Trust Accounting Records' 'failure to Comply With Client Instructions' 'charging Twice for the Same Work' 'breach of Undertaking to the Court' 'breach of Undertaking to Another Solicitor']
['legal Profession Discipline' 'trust Accounting' 'professional Misconduct'] ['cancellation of Practising Certificate' 'removal From Roll of Solicitors' 'wilful Breach of Trust Money Obligations' 'failure to Keep Trust Accounting Records' 'failure to Comply With Client Instructions' 'charging Twice for the Same Work' 'breach of Undertaking to the Court' 'breach of Undertaking to Another Solicitor']

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Procedural Posture

Disciplinary Complaint Against a Solicitor Alleging Professional Misconduct and Unsatisfactory Professional Conduct / Hearing and Determination by the Legal Services Tribunal Under the Transitional Provisions of the Legal Profession Reform Act 1993 and Its Regulations

Legal Issues

  1. 1 ['Whether the Solicitor wilfully breached s.61 of the Legal Profession Act 1987 in dealing with trust money.' 'Whether the Solicitor wilfully breached s.62 of the Legal Profession Act 1987 by failing to keep proper trust accounting records.' "Whether the Solicitor wilfully failed to comply with clients' instructions." 'Whether the Solicitor charged twice for the same work.' 'Whether the Solicitor breached an undertaking to the Court.' 'Whether the Solicitor breached an undertaking to another solicitor.' "Whether the Solicitor's conduct amounted to professional misconduct or unsatisfactory professional conduct and what disciplinary order was appropriate."]

Ratio Decidendi

The Solicitor wilfully contravened s.61 of the Legal Profession Act 1987 in the vast majority of matters by misusing or failing properly to apply trust money, drawing costs or disbursements without proper bills or authority, failing to pay disbursements and out-of-pocket expenses for which he had received funds, and misappropriating client funds. He also wilfully contravened s.62 by failing to maintain trust records showing the true position. In several matters he disgracefully and dishonourably failed to comply with client instructions, breached an undertaking to the Court, and in other matters engaged in unsatisfactory professional conduct by charging twice for the same work and...

Court Disposition

The Tribunal found the Solicitor guilty of professional misconduct in a large number of matters and guilty of unsatisfactory professional conduct in other matters, and ordered removal of his name from the Roll of Solicitors in New South Wales.

Orders

  • ['The name of Stanley Gerald Keefe be and the same is removed from the Roll of Solicitors in New South Wales.' 'The costs of the Law Society be paid by the Solicitor, such costs to be assessed as if assessed by a Supreme Court Cost Assessor on a solicitor/client basis.' 'If the parties cannot agree on the quantum of...