Legal Services Commissioner v Potkonyak (No. 3) [2018] NSWCATOD 8

Legal Services Commissioner v Potkonyak (No. 3) [2018] NSWCATOD 8

By reason of his persistent and substantial failures to meet professional standards, inability or refusal to recognise or accept the misconduct identified, and lack of insight into his obligations as a legal practitioner, the respondent is not a fit and proper person to continue practise and should be removed from...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 January 2018
Procedural Posture
Disciplinary Proceedings / Stage 2 Hearing – Determination of Appropriate Orders Following Finding of Professional Misconduct
Outcome
Name removed from local roll; costs ordered against respondent.
Legal Topics
['professional Misconduct' 'removal From Roll' 'protective Orders' 'costs Orders']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'removal From Roll' 'protective Orders' 'costs Orders']

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Procedural Posture

Disciplinary Proceedings / Stage 2 Hearing – Determination of Appropriate Orders Following Finding of Professional Misconduct

Legal Issues

  1. 1 ['Whether the respondent is a fit and proper person to practise law' 'What is the appropriate protective order following a finding of professional misconduct']

Ratio Decidendi

By reason of his persistent and substantial failures to meet professional standards, inability or refusal to recognise or accept the misconduct identified, and lack of insight into his obligations as a legal practitioner, the respondent is not a fit and proper person to continue practise and should be removed from the roll to protect the public and maintain the reputation and integrity of the profession.

Court Disposition

Name removed from local roll; costs ordered against respondent.

Orders

  • ['The name of the respondent, George Potkonyak, is removed from the roll of Lawyers of the Supreme Court of New South Wales with effect seven days from this date.' 'The respondent shall pay the costs of the applicant in these proceedings in an amount assessed in default of agreement.']