David Edward Quinn [1991] NSWLST 12

David Edward Quinn [1991] NSWLST 12

The Tribunal found professional misconduct by the solicitor in borrowing client funds without complying with professional guidelines, advancing estate funds without authority or security, and knowingly permitting a debit balance in the trust account for several months. The Nimdex matter, involving a prolonged debit and misrepresentation in trust records, was the most serious. The Tribunal determined suspension rather than removal from the Roll, noting contrition and undertakings, that these actions should not recur.

Parties
Solicitor: David Edward Quinn; Complainant: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
20 September 1991
Procedural Posture
Disciplinary Proceedings / Final Determination
Outcome
Solicitor found guilty of professional misconduct and suspended. Practising Certificate cancelled. Not to be issued for 12 months, conditional on prescribed practice management course and payment of costs.
Legal Topics
Professional Misconduct, Trust Account Management, Client Funds, Failure to Act Honestly, Misappropriation, Failure to Exercise Skill and Diligence, Bail Procedure
Legal Profession Professional Discipline Professional Misconduct Trust Account Management Client Funds Failure to Act Honestly Misappropriation Failure to Exercise Skill and Diligence +1 more

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Parties

David Edward Quinn

Solicitor

Law Society of New South Wales

Complainant

Procedural Posture

Disciplinary Proceedings / Final Determination

Legal Issues

  1. 1 Whether the solicitor was guilty of professional misconduct by misappropriating trust funds
  2. 2 Whether the solicitor failed to comply with professional guidelines when borrowing from a client
  3. 3 Whether the solicitor failed to exercise skill, care and diligence with respect to client affairs

Ratio Decidendi

The Tribunal found professional misconduct by the solicitor in borrowing client funds without complying with professional guidelines, advancing estate funds without authority or security, and knowingly permitting a debit balance in the trust account for several months. The Nimdex matter, involving a prolonged debit and misrepresentation in trust records, was the most serious. The Tribunal determined suspension rather than removal from the Roll, noting contrition and undertakings, that these actions should not recur.

Court Disposition

Solicitor found guilty of professional misconduct and suspended. Practising Certificate cancelled. Not to be issued for 12 months, conditional on prescribed practice management course and payment of costs.

Orders

  • Solicitor's current Practising Certificate cancelled.
  • Practising Certificate not to be issued until 12 months from date of order.