Alan Davis [1993] NSWLST 1

Alan Davis [1993] NSWLST 1

The evidence, including the Solicitor's admissions and Ms Sayer's report, established that the Solicitor misappropriated client trust moneys, made numerous false trust account entries, and engaged in defalcations exceeding $100,000. Although he relied on impaired judgment and personal circumstances, he admitted knowing the conduct was wrong. The Tribunal held that the conduct was disgraceful and dishonourable, amounted to professional misconduct, and showed that he was not a fit and proper person to remain in practice, requiring removal from the Roll.

Jurisdiction
Australia
Judgment Date
03 June 1993
Procedural Posture
Professional Misconduct Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
The Solicitor was found guilty of professional misconduct and his name was removed from the Roll of Solicitors in New South Wales.
Legal Topics
['professional Misconduct' 'trust Account Breaches' 'misappropriation of Trust Moneys' 'wilful Contravention of Sections 61 and 62 of the Legal Profession Act 1987' 'removal From Roll of Solicitors']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'trust Account Breaches' 'misappropriation of Trust Moneys' 'wilful Contravention of Sections 61 and 62 of the Legal Profession Act 1987' 'removal From Roll of Solicitors']

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Procedural Posture

Professional Misconduct Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor wilfully contravened Section 61 of the Legal Profession Act 1987.' 'Whether the Solicitor wilfully contravened Section 62 of the Legal Profession Act 1987.' 'Whether the Solicitor misappropriated moneys entrusted to him by clients.' 'Whether the Solicitor was a fit and proper person to remain in practice and on the Roll of Solicitors in New South Wales.' "Whether the Solicitor should pay the Law Society's costs."]

Ratio Decidendi

The evidence, including the Solicitor's admissions and Ms Sayer's report, established that the Solicitor misappropriated client trust moneys, made numerous false trust account entries, and engaged in defalcations exceeding $100,000. Although he relied on impaired judgment and personal circumstances, he admitted knowing the conduct was wrong. The Tribunal held that the conduct was disgraceful and dishonourable, amounted to professional misconduct, and showed that he was not a fit and proper person to remain in practice, requiring removal from the Roll.

Court Disposition

The Solicitor was found guilty of professional misconduct and his name was removed from the Roll of Solicitors in New South Wales.

Orders

  • ['The name of Alan Davis be and the same is hereby removed from the Roll of Solicitors in New South Wales.' 'The costs of the Law Society be assessed as if taxed by the Supreme Court on a solicitor and client basis and paid by the Solicitor to the Law Society or its solicitor Mr Frederick John Smith.' 'If the costs...