Representation of the Batonnier v [2003] JRC 077 (12 May 2003)

Representation of the Batonnier v [2003] JRC 077 (12 May 2003)

Advocate Le Quesne breached Rule 15(2) by failing to appreciate the distinction between TGWU and untraced employees, resulting in misapplication of client funds. The conduct did not amount to dishonesty but constituted professional misconduct warranting sanction.

Citation
[2003] JRC 077
Parties
Complainant: Bâtonnier; Respondent: Advocate David Le Quesne; Respondent: Advocate Rose Colley
Jurisdiction
Jersey
Judgment Date
12 May 2003
Procedural Posture
Disciplinary Proceedings / Final Judgment
Outcome
Advocate Le Quesne found guilty of professional misconduct; Advocate Colley discharged with no adverse finding.
Legal Topics
Misapplication of Client Funds, Breach of Code of Conduct, Professional Misconduct, Disciplinary Procedure
Professional Discipline Legal Ethics Misapplication of Client Funds Breach of Code of Conduct Professional Misconduct Disciplinary Procedure

Case Brief

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Parties

Bâtonnier

Complainant

Advocate David Le Quesne

Respondent

Advocate Rose Colley

Respondent

Procedural Posture

Disciplinary Proceedings / Final Judgment

Legal Issues

  1. 1 Whether Advocate Le Quesne breached Rule 15(2) of the Code of Conduct by misapplying client funds
  2. 2 Whether the conduct amounted to dishonesty or professional misconduct
  3. 3 Appropriate sanction for breach of professional rules

Ratio Decidendi

Advocate Le Quesne breached Rule 15(2) by failing to appreciate the distinction between TGWU and untraced employees, resulting in misapplication of client funds. The conduct did not amount to dishonesty but constituted professional misconduct warranting sanction.

Court Disposition

Advocate Le Quesne found guilty of professional misconduct; Advocate Colley discharged with no adverse finding.

Orders

  • Advocate Le Quesne fined £10,000 for breach of Rule 15(2) of the Code of Conduct.
  • Proceedings against Advocate Colley discontinued; she is discharged.