Council of the Law Society of NSW v Kim

The respondent, a solicitor, was subject to disciplinary proceedings by the Law Society of New South Wales. The Society alleged that the solicitor had breached a condition of her practising certificate and an undertaking given to the Society, by failing to respond to correspondence. The matter was heard by the Civil and Administrative Tribunal of New South Wales. The central legal issues in the case were whether the solicitor had indeed breached the condition of her practising certificate and the undertaking, and if so, what the appropriate disciplinary action should be. The tribunal had to examine the evidence and determine the severity and nature of the breaches, as well as the suitability of the proposed sanctions.

The tribunal found that the solicitor had indeed failed to respond to correspondence from the Law Society, thereby breaching both the condition of her practising certificate and the undertaking. The tribunal considered this to be professional misconduct, warranting a public reprimand. In addition, the tribunal imposed a fine of $5,000, to be paid in instalments over three years. The tribunal also ordered the solicitor to pay the Law Society $3,000 in costs, also to be paid in instalments. Finally, the tribunal imposed a condition on the Law Society, prohibiting it from issuing or renewing the solicitor's practising certificate until certain conditions were met, including the completion of continuing legal education and the payment of fines and costs.

The tribunal's decision was that the respondent solicitor was guilty of professional misconduct and was to be publicly reprimanded. The solicitor was also fined $5,000, to be paid in instalments over three years, and ordered to pay the Law Society $3,000 in costs, also in instalments. The Law Society was further directed to impose a condition on the respondent's practising certificate until specific conditions were met. This decision underscores the importance of solicitors maintaining open lines of communication with their professional governing bodies and adhering to the terms of their practising certificates and any related undertakings.