Yael Teresa Jimenez [1996] NSWLST 19

Yael Teresa Jimenez [1996] NSWLST 19

The solicitor breached Section 56 Workers Compensation Act 1926, Section 61 Legal Profession Act 1987 and Regulation 8 Legal Profession (Trust Account and Controlled Moneys) Regulations and failed to account for controlled moneys, but the Tribunal accepted that she was essentially honest and, when closing the account, was not aware the moneys were trust or controlled moneys; her conduct was careless and at the upper end of unsatisfactory professional conduct but not wilful professional misconduct. The $3,000.00 received in the common law proceedings was in reality paid for the solicitor's professional costs and was not impressed with a trust. The consent order complaints did not warrant...

Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Legal Practitioner Disciplinary Proceedings / Hearing and Determination of Complaints Alleging Professional Misconduct and Unsatisfactory Professional Conduct
Outcome
The Tribunal found the solicitor guilty of unsatisfactory professional conduct on four counts, found no wilful breach of Section 61 Legal Profession Act or deliberate misappropriation, dismissed the compensation application, imposed a fine, continued a practising certificate employment restriction, and ordered the...
Legal Topics
['misappropriation Not Wilful' 'unsatisfactory Professional Conduct' 'failure to Account' 'controlled Money Account Records' "failure to Advise Client of Counsel's Advice" 'compensation Under Section 171 D Legal Profession Act, 1987' 'costs Following the Event']
['legal Profession Disciplinary Law' 'trust Money and Controlled Money' 'workers Compensation' 'family Law' 'costs'] ['misappropriation Not Wilful' 'unsatisfactory Professional Conduct' 'failure to Account' 'controlled Money Account Records' "failure to Advise Client of Counsel's Advice" 'compensation Under Section 171 D Legal Profession Act, 1987' 'costs Following the Event']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Legal Practitioner Disciplinary Proceedings / Hearing and Determination of Complaints Alleging Professional Misconduct and Unsatisfactory Professional Conduct

Legal Issues

  1. 1 ['Whether the solicitor wilfully misappropriated or failed to account for workers compensation redemption moneys held in a controlled money account.' 'Whether retention of $3,000.00 described in District Court settlement terms as verdict and judgment moneys required deposit into trust and a memorandum of costs to the client.' 'Whether the solicitor failed to comply with consent orders requiring sale proceeds to be held in the names of both solicitors and improperly deducted costs from those funds.' "Whether the solicitor's failure to pass on or inform the client of counsel's advice in Family Law proceedings amounted to unsatisfactory professional conduct." 'What orders, including compensation, fine, practising certificate condition and costs, should be made.']

Ratio Decidendi

The solicitor breached Section 56 Workers Compensation Act 1926, Section 61 Legal Profession Act 1987 and Regulation 8 Legal Profession (Trust Account and Controlled Moneys) Regulations and failed to account for controlled moneys, but the Tribunal accepted that she was essentially honest and, when closing the account, was not aware the moneys were trust or controlled moneys; her conduct was careless and at the upper end of unsatisfactory professional conduct but not wilful professional misconduct. The $3,000.00 received in the common law proceedings was in reality paid for the solicitor's professional costs and was not impressed with a trust. The consent order complaints did not warrant...

Court Disposition

The Tribunal found the solicitor guilty of unsatisfactory professional conduct on four counts, found no wilful breach of Section 61 Legal Profession Act or deliberate misappropriation, dismissed the compensation application, imposed a fine, continued a practising certificate employment restriction, and ordered the...

Orders

  • ['The solicitor pay a fine of Two thousand dollars ($2,000.00) within a period of four months from the date of this Order.' 'The solicitor be suspended from practice at the expiration of the said period of four months if the said fine had not been paid and such suspension continue until the said fine has been paid.'...