Richard Scott Cooper [1990] NSWLST 1

Richard Scott Cooper [1990] NSWLST 1

All grounds of the complaint were proved; the solicitor's conduct amounted to professional misconduct as it involved misappropriation of client monies, dishonesty, serious breaches of trust account obligations, and misleading the regulator. The solicitor was found not to be a fit and proper person to practise as a solicitor, warranting removal from the roll.

Parties
Complainant: Council of the Law Society of New South Wales; Solicitor / Respondent: Richard Scott Cooper
Jurisdiction
Australia
Judgment Date
08 November 1990
Procedural Posture
Professional Misconduct Disciplinary Proceedings / Final Determination Judgment
Outcome
Name removed from the roll of solicitors, costs order against solicitor
Legal Topics
Misappropriation of Trust Monies, Legal Professional Ethics, Trust Accounts, Dishonesty, Legal Practitioner Discipline
Legal Profession Professional Misconduct Misappropriation of Trust Monies Legal Professional Ethics Trust Accounts Dishonesty Legal Practitioner Discipline

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Parties

Council of the Law Society of New South Wales

Complainant

Richard Scott Cooper

Solicitor / Respondent

Procedural Posture

Professional Misconduct Disciplinary Proceedings / Final Determination Judgment

Legal Issues

  1. 1 Whether the solicitor misappropriated client monies
  2. 2 Whether the solicitor contravened s 61 and s 62 of the Legal Profession Act 1987
  3. 3 Whether the solicitor misled the complainant

Ratio Decidendi

All grounds of the complaint were proved; the solicitor's conduct amounted to professional misconduct as it involved misappropriation of client monies, dishonesty, serious breaches of trust account obligations, and misleading the regulator. The solicitor was found not to be a fit and proper person to practise as a solicitor, warranting removal from the roll.

Court Disposition

Name removed from the roll of solicitors, costs order against solicitor

Orders

  • The name of Richard Scott Cooper be removed from the roll of solicitors.
  • The solicitor to pay the complainant's costs, including investigation costs, assessed on a solicitor and client basis as if taxed in the Supreme Court of New South Wales.