George George [1992] NSWLST 7

George George [1992] NSWLST 7

The Tribunal was satisfied that the Solicitor knew of the complaint and, on the unchallenged evidence, had dishonestly misappropriated client moneys over a long period and had neglected and delayed completion of client transactions because of that dishonesty. This conduct amounted to professional misconduct and required that his name be removed from the Roll of Solicitors in New South Wales, with costs payable to the Law Society.

Jurisdiction
Australia
Judgment Date
24 July 1992
Procedural Posture
Legal Profession Disciplinary Proceeding for Professional Misconduct / Final Determination and Orders After Hearing
Outcome
The Solicitor was found guilty of professional misconduct and ordered to be removed from the Roll of Solicitors in New South Wales; costs were awarded to the Law Society on a solicitor and client basis.
Legal Topics
['professional Misconduct' 'misappropriation of Trust Moneys' "solicitors' Trust Accounts" 'gross Neglect and Delay' 'removal From Roll of Solicitors' 'costs']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'misappropriation of Trust Moneys' "solicitors' Trust Accounts" 'gross Neglect and Delay' 'removal From Roll of Solicitors' 'costs']

Case Brief

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Procedural Posture

Legal Profession Disciplinary Proceeding for Professional Misconduct / Final Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the complaint had come to the knowledge of the Solicitor notwithstanding his non-appearance.' 'Whether the Solicitor misappropriated client or trust moneys and thereby committed professional misconduct.' "Whether the Solicitor's neglect and delay in completing client transactions amounted to professional misconduct." 'What disciplinary orders should be made.']

Ratio Decidendi

The Tribunal was satisfied that the Solicitor knew of the complaint and, on the unchallenged evidence, had dishonestly misappropriated client moneys over a long period and had neglected and delayed completion of client transactions because of that dishonesty. This conduct amounted to professional misconduct and required that his name be removed from the Roll of Solicitors in New South Wales, with costs payable to the Law Society.

Court Disposition

The Solicitor was found guilty of professional misconduct and ordered to be removed from the Roll of Solicitors in New South Wales; costs were awarded to the Law Society on a solicitor and client basis.

Orders

  • ['The name of George George be and the same is removed from the Roll of Solicitors in New South Wales.' 'The costs of the Law Society be assessed on a solicitor and client basis and paid by the Solicitor to the Law Society or its Solicitor Mr Frederick John Smith.' 'If the costs of the Law Society cannot be agreed...