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

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

The Tribunal found that the solicitor breached s.55(3) of the Act by failing to cooperate with the Trust Account Inspector and that this constituted professional misconduct. In regard to the failure to respond to notices issued under s.152(1), the Tribunal found the solicitor's excuses were insufficient, but considered the conduct as unsatisfactory professional conduct rather than professional misconduct due to mitigating personal circumstances. The Tribunal concluded, however, that the misconduct found did not warrant cancellation of the practising certificate.

Parties
Complainant: Law Society of New South Wales; Respondent: Rodney John Pickup
Jurisdiction
Australia
Judgment Date
03 November 1998
Procedural Posture
Professional Disciplinary Proceeding / Final Determination
Outcome
Solicitor found guilty of professional misconduct on Complaint 1 and unsatisfactory professional conduct on Complaint 2. Public reprimand and orders made; no immediate cancellation of practising certificate, but conditions imposed.
Legal Topics
Solicitors' Obligations, Professional Misconduct, Trust Account Inspection, Failure to Comply With Statutory Requirements
Legal Profession Law Professional Discipline Solicitors' Obligations Professional Misconduct Trust Account Inspection Failure to Comply With Statutory Requirements

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Parties

Law Society of New South Wales

Complainant

Rodney John Pickup

Respondent

Procedural Posture

Professional Disciplinary Proceeding / Final Determination

Legal Issues

  1. 1 Whether the solicitor breached s.55(3) and (5) of the Legal Profession Act, 1987 by failing to provide access to records and hindering an investigation
  2. 2 Whether the solicitor, without reasonable excuse, failed to comply with two Council requirements under s.152(1) of the Legal Profession Act, 1987

Ratio Decidendi

The Tribunal found that the solicitor breached s.55(3) of the Act by failing to cooperate with the Trust Account Inspector and that this constituted professional misconduct. In regard to the failure to respond to notices issued under s.152(1), the Tribunal found the solicitor's excuses were insufficient, but considered the conduct as unsatisfactory professional conduct rather than professional misconduct due to mitigating personal circumstances. The Tribunal concluded, however, that the misconduct found did not warrant cancellation of the practising certificate.

Court Disposition

Solicitor found guilty of professional misconduct on Complaint 1 and unsatisfactory professional conduct on Complaint 2. Public reprimand and orders made; no immediate cancellation of practising certificate, but conditions imposed.

Orders

  • The solicitor be publicly reprimanded.
  • The solicitor provide to the Law Society, verified by Affidavit, his response to the Notice issued pursuant to s.152 of the Legal Profession Act dated 17 May, 1996 (Estate of the late Ronald Butler).