Council of the Law Society of NSW v Sandroussi

Case

[2012] NSWADT 40

12 March 2012


Details
AGLC Case Decision Date
Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40 [2012] NSWADT 40 12 March 2012

CaseChat Overview and Summary

The Law Society of New South Wales sought disciplinary action against the Respondent, a solicitor, for alleged professional misconduct. The Law Society's allegations included non-compliance with the conditions of his practising certificate, failure to respond to correspondence from the Law Society, and failure to comply with undertakings provided to the Law Society. The case was heard in the Civil and Administrative Tribunal of New South Wales. The central legal issues in the case were whether the Respondent's actions constituted professional misconduct, and if so, what the appropriate disciplinary measures should be.

The tribunal found that the Respondent's conduct did amount to professional misconduct. The tribunal considered the evidence and found that the Respondent had failed to comply with the continuing legal education requirements, had not responded to correspondence from the Law Society, and had breached the undertakings given to the Law Society. The tribunal noted that the Respondent's actions had caused concern and demonstrated a lack of professionalism. The tribunal also considered the Respondent's personal circumstances and the impact of the disciplinary action on his ability to practise as a solicitor.

In light of the findings of professional misconduct, the tribunal imposed a public reprimand on the Respondent and ordered a fine of $6,000, to be paid in three instalments over a period of two years. The tribunal also ordered that the Law Society of New South Wales should not issue or renew the Respondent's practising certificate until certain conditions were met. These conditions included compliance with continuing legal education requirements and the payment of any outstanding fines or costs. The tribunal further ordered that the Respondent pay the Law Society's costs of and incidental to the proceedings.
Details

Areas of Law

  • Professional Conduct Law

Legal Concepts

  • Professional Misconduct

  • Public Reprimand

  • Fines

  • Costs