Kenneth Jolliffe [1991] NSWLST 8

Kenneth Jolliffe [1991] NSWLST 8

The Solicitor was guilty of professional misconduct because his failure to ensure proper trust account reconciliation and supervision caused and permitted trust account deficiencies, amounting to reckless carelessness and wilful breaches of s.41(1) of the Legal Practitioners Act 1898 and s.61(1) of the Legal Profession Act 1987; he also wilfully failed to pay agent's fees in the Pfeiffer matter, failed to account to clients, failed to provide statements of account, and failed to communicate with a client. Although some Manvell transfers were accepted as authorised and the alleged false entry was not made out, the Solicitor's trust account failures, non-repayment, prior disciplinary...

Jurisdiction
Australia
Judgment Date
21 February 1991
Procedural Posture
Professional Misconduct Complaint Under S.134 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
The Tribunal found the Solicitor guilty of professional misconduct and ordered that his name be removed from the Roll of Solicitors of the Supreme Court of New South Wales.
Legal Topics
['wilful Breach of Trust Account Obligations' "deficiency in Solicitor's Trust Account" 'failure to Account to Clients' 'failure to Render Memoranda of Costs' 'failure to Communicate With Client' 'fitness to Practise']
['legal Profession Disciplinary Law' 'professional Misconduct' 'trust Accounting'] ['wilful Breach of Trust Account Obligations' "deficiency in Solicitor's Trust Account" 'failure to Account to Clients' 'failure to Render Memoranda of Costs' 'failure to Communicate With Client' 'fitness to Practise']

Case Brief

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Procedural Posture

Professional Misconduct Complaint Under S.134 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ["Whether the Solicitor wilfully breached s.41(1) of the Legal Practitioners Act 1898 in relation to debit balances and unpaid agent's fees." 'Whether the transfer of $3,500.00 from the Manvell trust account was falsely recorded as costs and constituted a wilful breach of s.42(2).' 'Whether the Solicitor wilfully breached s.61(1) of the Legal Profession Act 1987 by allowing a trust account deficiency to remain.' 'Whether delays in accounting for client money, failures to provide statements of account, and failure to communicate with a client amounted to professional misconduct.' 'Whether the Solicitor was fit to remain on the Roll of Solicitors of the Supreme Court of New South Wales.']

Ratio Decidendi

The Solicitor was guilty of professional misconduct because his failure to ensure proper trust account reconciliation and supervision caused and permitted trust account deficiencies, amounting to reckless carelessness and wilful breaches of s.41(1) of the Legal Practitioners Act 1898 and s.61(1) of the Legal Profession Act 1987; he also wilfully failed to pay agent's fees in the Pfeiffer matter, failed to account to clients, failed to provide statements of account, and failed to communicate with a client. Although some Manvell transfers were accepted as authorised and the alleged false entry was not made out, the Solicitor's trust account failures, non-repayment, prior disciplinary...

Court Disposition

The Tribunal found the Solicitor guilty of professional misconduct and ordered that his name be removed from the Roll of Solicitors of the Supreme Court of New South Wales.

Orders

  • ['That the name of Kenneth Jolliffe be removed from the Roll of Solicitors of the Supreme Court of New South Wales.' "That the costs of the Law Society be paid by the Solicitor as if taxed on a Solicitor and Client basis to the Law Society or it's Solicitor Ms Rosemary MacDougal." 'If the parties cannot agree on the...