Council of the Law Society of New South Wales v Bharati

The Law Society of New South Wales brought proceedings against a solicitor, the respondent, alleging professional misconduct. The misconduct was said to consist of breaches of the Legal Profession Act 2004, sections 254, 262, and 264, including misappropriation of trust monies, creation of a false trust account receipt, and misleading investigators from the trust account. The case was heard and determined by the Civil and Administrative Tribunal of New South Wales. The tribunal was required to determine whether the allegations of professional misconduct were proven, and if so, what orders should be made against the respondent. The tribunal found that the allegations of professional misconduct were proven and made orders against the respondent, including a reprimand, conditions for any practising certificate, and an order for the respondent to pay the applicant's costs. The tribunal found that the respondent was guilty of professional misconduct in relation to the misappropriation of trust monies and creation of a false trust account receipt, but dismissed the allegation of misleading investigators. The tribunal considered the respondent's mental health and the impact of his illness on his conduct, but found that this did not excuse his professional misconduct. The tribunal made orders against the respondent, including a reprimand, conditions for any practising certificate, and an order for the respondent to pay the applicant's costs. The orders were designed to protect the public and maintain the integrity of the legal profession, while also taking into account the respondent's mental health and the impact of his illness on his conduct. The orders provide for the respondent to resume practice as a solicitor, but only under certain conditions, including that he may only practise as the employee of a solicitor holding an unrestricted practising certificate, and that he is not to operate on an account of a solicitor which contains or may contain trust funds. The respondent is also required to continue to take medication for his depressive illness and to provide regular certificates from his general practitioner confirming that he has continued to take such medication as directed.