Brian Arthur Phillips [1995] NSWLST 11

Brian Arthur Phillips [1995] NSWLST 11

The Solicitor's accounts and timing of accounts were confusing, incomplete and insufficient to enable the Client to understand the work, costs, disbursements and transfers, and this amounted to unsatisfactory professional conduct. Although the Solicitor was in technical breach of Regulation 8 by failing to deliver proper outline bills before numerous transfers, the Tribunal was not comfortably satisfied, except for one transfer, that those breaches were wilful. The $4,151.00 transfer on 9 January 1990 from trust account 2405 Coombs/Syer was made without authority; the 18 December 1989 letter was tantamount to seeking authority and authority was not given. That breach of S.61(3)(b) and...

Jurisdiction
Australia
Judgment Date
25 January 1995
Procedural Posture
Professional Disciplinary Complaint Referred Pursuant to S.135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
The Solicitor was found guilty of unsatisfactory professional conduct and professional misconduct in relation to one transfer, fined $1,000.00, and made subject to costs orders.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'solicitor Trust Money' 'outline Bills' 'authority to Withdraw Trust Money' 'failure to Provide Adequate Accounts' 'wilful Breach']
['legal Profession Disciplinary Law' 'professional Responsibility' 'trust Accounting'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'solicitor Trust Money' 'outline Bills' 'authority to Withdraw Trust Money' 'failure to Provide Adequate Accounts' 'wilful Breach']

Case Brief

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Procedural Posture

Professional Disciplinary Complaint Referred Pursuant to S.135 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor delayed in providing the Client with accounts and failed to provide accounts in a form enabling the Client to understand the professional work, costs and disbursements.' 'Whether the Solicitor breached S.61(3)(b) of the Legal Profession Act 1987 and Regulation 8 by withdrawing trust money in satisfaction of costs without authority and without delivering an outline bill.' 'Whether any breach of Regulation 8 was wilful so as to constitute professional misconduct.' 'Whether the transfer of $4,151.00 on 9 January 1990 from trust account 2405 Coombs/Syer was made with authority.']

Ratio Decidendi

The Solicitor's accounts and timing of accounts were confusing, incomplete and insufficient to enable the Client to understand the work, costs, disbursements and transfers, and this amounted to unsatisfactory professional conduct. Although the Solicitor was in technical breach of Regulation 8 by failing to deliver proper outline bills before numerous transfers, the Tribunal was not comfortably satisfied, except for one transfer, that those breaches were wilful. The $4,151.00 transfer on 9 January 1990 from trust account 2405 Coombs/Syer was made without authority; the 18 December 1989 letter was tantamount to seeking authority and authority was not given. That breach of S.61(3)(b) and...

Court Disposition

The Solicitor was found guilty of unsatisfactory professional conduct and professional misconduct in relation to one transfer, fined $1,000.00, and made subject to costs orders.

Orders

  • ['In relation to the findings that the Solicitor is guilty of professional misconduct and unsatisfactory professional conduct the Solicitor pay a fine of One thousand dollars ($1,000.00) in total within a period of thirty days from the date of this Order.' 'The Solicitor be suspended from practice at the expiration...