Law Society of New South Wales -V- Wakim [1998] ADT

Law Society of New South Wales -V- Wakim [1998] ADT

Although the solicitor's letter of 20 October 1994 gave incorrect information, the Tribunal was not reasonably satisfied that the incorrect information was intended to mislead the Law Society or was wilfully provided, having regard to the pressures on the solicitor, the absence of any breach in his handling of the trust account, and the fact that he had nothing to gain by giving incorrect information.

Jurisdiction
Australia
Judgment Date
15 December 1998
Procedural Posture
Professional Misconduct Complaint / Information Filed by the Council of the Law Society Before the Tribunal
Outcome
Complaint dismissed.
Legal Topics
['professional Misconduct' 'misleading or Obstructing the Law Society' 'trust Account Investigation' 'wilful Contravention' 'standard of Proof']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'misleading or Obstructing the Law Society' 'trust Account Investigation' 'wilful Contravention' 'standard of Proof']

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

Professional Misconduct Complaint / Information Filed by the Council of the Law Society Before the Tribunal

Legal Issues

  1. 1 ['Whether the solicitor misled or attempted to mislead the Law Society by giving an explanation in December 1995 that was contrary to an earlier explanation in October 1994.' 'Whether any incorrect information provided by the solicitor was provided wilfully for the purposes of s 152(5) of the Legal Profession Act 1987.']

Ratio Decidendi

Although the solicitor's letter of 20 October 1994 gave incorrect information, the Tribunal was not reasonably satisfied that the incorrect information was intended to mislead the Law Society or was wilfully provided, having regard to the pressures on the solicitor, the absence of any breach in his handling of the trust account, and the fact that he had nothing to gain by giving incorrect information.

Court Disposition

Complaint dismissed.

Orders

  • ['The Tribunal dismisses the complaint.' 'The Tribunal does not make any award for costs in favour of the solicitor.']