Robert John Brand [1994] NSWLST 2

Robert John Brand [1994] NSWLST 2

The Tribunal found that the Solicitor's trust account records did not disclose the true position because balances were recorded as refunds to clients when they were in fact transferred to accounts under the Solicitor's control without the clients' knowledge and then used for his own purposes. The repeated course of conduct across twenty one conveyancing matters, including misleading cheques, cheque butts and ledger entries, could not be explained as error or recklessness and was dishonest. The conduct was wilful within the Legal Practitioners Act 1898 and the Legal Profession Act 1987 and constituted professional misconduct involving dishonest misappropriation of clients' moneys,...

Jurisdiction
Australia
Judgment Date
19 April 1994
Procedural Posture
Professional Misconduct Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
The Solicitor was found guilty of professional misconduct involving deliberate dishonesty and his name was ordered to be removed from the Roll of Solicitors in New South Wales.
Legal Topics
['trust Account Breaches' 'failure to Keep Accounts' 'misappropriation of Client Moneys' 'professional Misconduct' 'removal From the Roll of Solicitors']
['legal Profession Regulation' 'professional Discipline'] ['trust Account Breaches' 'failure to Keep Accounts' 'misappropriation of Client Moneys' 'professional Misconduct' 'removal From the Roll of Solicitors']

Case Brief

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Procedural Posture

Professional Misconduct Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor wilfully breached Sections 41 and 42 of the Legal Practitioners Act 1898 (as amended) and Section 61 of the Legal Profession Act 1987.' "Whether the Solicitor's trust account records disclosed the true position and enabled convenient and proper audit." "Whether the Solicitor's conduct in drawing cheques recorded as refunds and transferring the moneys to accounts under his control was dishonest misappropriation of clients' moneys." 'What order should be made for protection of the public and maintenance of professional standards.']

Ratio Decidendi

The Tribunal found that the Solicitor's trust account records did not disclose the true position because balances were recorded as refunds to clients when they were in fact transferred to accounts under the Solicitor's control without the clients' knowledge and then used for his own purposes. The repeated course of conduct across twenty one conveyancing matters, including misleading cheques, cheque butts and ledger entries, could not be explained as error or recklessness and was dishonest. The conduct was wilful within the Legal Practitioners Act 1898 and the Legal Profession Act 1987 and constituted professional misconduct involving dishonest misappropriation of clients' moneys,...

Court Disposition

The Solicitor was found guilty of professional misconduct involving deliberate dishonesty and his name was ordered to be removed from the Roll of Solicitors in New South Wales.

Orders

  • ['That the name of Robert John Brand be removed from the Roll of Solicitors in New South Wales.' 'That the Solicitor pay the costs of the Law Society including the costs of the investigation on a solicitor/client basis.']