Michael George Conn [1992] NSWLST 4

Michael George Conn [1992] NSWLST 4

The Tribunal found that Simpson gave no express or implied authority for withdrawal of trust money in satisfaction of costs and disbursements. The discussions relied on by the Solicitor concerned settlement or the expected net result and did not constitute authority. The Solicitor relied on an inadequate office practice, made no inquiry to verify authority, and failed to respond adequately after receiving notice of the complaint and requests about the trust money. His conduct was sufficiently careless and reckless to constitute a wilful contravention of section 61 and amounted to professional misconduct.

Jurisdiction
Australia
Judgment Date
26 November 1992
Procedural Posture
Professional Misconduct Disciplinary Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
The Tribunal found that the Solicitor committed a wilful contravention of the trust money provisions and that his conduct amounted to professional misconduct.
Legal Topics
['unauthorised Withdrawal of Trust Money' 'solicitor Client Authority for Costs and Disbursements' 'wilful Contravention' 'costs in Disciplinary Proceedings']
['legal Profession Disciplinary Law' 'professional Misconduct' 'trust Accounts'] ['unauthorised Withdrawal of Trust Money' 'solicitor Client Authority for Costs and Disbursements' 'wilful Contravention' 'costs in Disciplinary Proceedings']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Solicitor breached section 61 of the Legal Profession Act 1987 by withdrawing trust money in satisfaction of costs and disbursements without client authority as required by Regulation 8.' 'Whether any contravention was wilful so as to amount to professional misconduct under section 61(7) of the Legal Profession Act 1987.']

Ratio Decidendi

The Tribunal found that Simpson gave no express or implied authority for withdrawal of trust money in satisfaction of costs and disbursements. The discussions relied on by the Solicitor concerned settlement or the expected net result and did not constitute authority. The Solicitor relied on an inadequate office practice, made no inquiry to verify authority, and failed to respond adequately after receiving notice of the complaint and requests about the trust money. His conduct was sufficiently careless and reckless to constitute a wilful contravention of section 61 and amounted to professional misconduct.

Court Disposition

The Tribunal found that the Solicitor committed a wilful contravention of the trust money provisions and that his conduct amounted to professional misconduct.

Orders

  • ['That the Solicitor pay a fine of $5,000.00 within thirty days from this date.' "That in default of compliance with Order 1 the Solicitor's practising certificate be cancelled and that a practising certificate not thereafter be issued to the Solicitor until he has complied with such order." 'That the Solicitor pay...