Legal Services Commissioner v DRA [2018] NSWCATOD 107

Legal Services Commissioner v DRA [2018] NSWCATOD 107

The Tribunal was comfortably satisfied, applying Briginshaw, that the factual particulars were proved. The Solicitor knowingly gave police a false name, false date of birth and false answer about identification, used offensive and threatening language, resisted arrest, and identified himself as a solicitor while threatening unfounded legal action. The evidence supported that he was only moderately intoxicated and remained sufficiently cognisant to understand questions and give answers he thought suited his interests. Considered as a whole, the conduct lacked honesty and integrity, was objectively dishonest by ordinary standards of reasonable and honest people, brought the legal profession...

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Application Under S 551(1) of the Legal Profession Act 2004 (nsw) Seeking Findings of Professional Misconduct / Principal Judgment on Liability; Consequential Orders to Be Determined After Further Submissions and Directions Hearing
Outcome
The Solicitor was found guilty of professional misconduct; consequential orders were deferred pending service of the reasons, submissions and a directions hearing.
Legal Topics
['professional Misconduct' 'fit and Proper Person' 'dishonest Conduct' 'conduct Outside Legal Practice' 'offensive Language and Conduct Towards Police' 'non Appearance of Respondent' 'standard of Proof']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'fit and Proper Person' 'dishonest Conduct' 'conduct Outside Legal Practice' 'offensive Language and Conduct Towards Police' 'non Appearance of Respondent' 'standard of Proof']

Case Brief

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Procedural Posture

Application Under S 551(1) of the Legal Profession Act 2004 (nsw) Seeking Findings of Professional Misconduct / Principal Judgment on Liability; Consequential Orders to Be Determined After Further Submissions and Directions Hearing

Legal Issues

  1. 1 ['Whether the Solicitor knowingly provided false and/or misleading details to NSW Police on 5 October 2014.' 'Whether the Solicitor engaged in unethical and inappropriate communication and conduct towards NSW Police.' 'Whether the conduct justified a finding that the Solicitor was not a fit and proper person to engage in legal practice and therefore amounted to professional misconduct under s 497(1)(b) of the Legal Profession Act 2004 (NSW).' "Whether the Tribunal should proceed in the Solicitor's absence."]

Ratio Decidendi

The Tribunal was comfortably satisfied, applying Briginshaw, that the factual particulars were proved. The Solicitor knowingly gave police a false name, false date of birth and false answer about identification, used offensive and threatening language, resisted arrest, and identified himself as a solicitor while threatening unfounded legal action. The evidence supported that he was only moderately intoxicated and remained sufficiently cognisant to understand questions and give answers he thought suited his interests. Considered as a whole, the conduct lacked honesty and integrity, was objectively dishonest by ordinary standards of reasonable and honest people, brought the legal profession...

Court Disposition

The Solicitor was found guilty of professional misconduct; consequential orders were deferred pending service of the reasons, submissions and a directions hearing.

Orders

  • ['The Solicitor is guilty of professional misconduct.' 'Within 7 days the Registry is to send a copy of these reasons to the Solicitor at the address given under Rule 13(2)(g) of the Civil and Administrative Tribunal Rules.' "Within 7 days the LSC is also directed to send a copy of these reasons to the Solicitor at...