Ethics and - Gordon & Jackson
Ethics and - Gordon & Jackson
Ethics and - Gordon & Jackson
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Three lawyers failed to present 216 cheques totalling $300K between<br />
2004 to 2007 for moneys owed to barristers <strong>and</strong> expert witnesses.<br />
The cheques were deliberately withheld in order to reduce the level of<br />
debt in the law practice’s overdraft account.<br />
All 3 pleaded guilty but the Tribunal ruled that “dispositions falling<br />
short of cancellation or suspension of practising certificates have<br />
proven inadequate as to general deterrence.” Citing McCristal <strong>and</strong><br />
Quinn. 7<br />
Practising certificates suspended for 9 months <strong>and</strong> ordered to pay the<br />
LSC’s costs of $16K.<br />
Unqualified practice <strong>and</strong> receipt of trust monies<br />
Legal Services Commissioner v Rallis (Legal Practice) [2009] VCAT<br />
1445 (23 July 2009)<br />
Practitioner pleaded guilty to two counts of misconduct, unqualified<br />
practice <strong>and</strong> unqualified receipt of trust money. Practising Certificate<br />
cancelled, may not apply till 2014, monies to be repaid <strong>and</strong> LSC’s<br />
costs of $25,000.<br />
Legal Services Commission v M McAuley [2012] VCAT 159 (23<br />
January 2012)<br />
Practitioner received trust monies without holding the appropriate<br />
authorisation to do so, failed to act on her client’s instructions <strong>and</strong><br />
failed to respond to request for information from the LSC.<br />
Obtained $5,500 to obtain a second opinion from senior counsel in<br />
relation to quantum of damages likely regarding a personal injuries<br />
claim. She failed to seek this opinion <strong>and</strong> without authorisation<br />
applied the money to an outst<strong>and</strong>ing account incurred by the client’s<br />
family for an unrelated matter.<br />
Ms McAuley was reprim<strong>and</strong>ed, fined $8,000 <strong>and</strong> ordered to pay the<br />
LSC’s costs of $14,532.20.<br />
Legal Services Commissioner v S Dhanapala VCAT 23 May 2012.<br />
In partnership Dhanapala received $101K in trust monies while<br />
neither party held a practising certificate authorising them to receive<br />
trust monies. Dhanapala co-signed cheques but was considered<br />
naïve rather than wilful.<br />
Reprim<strong>and</strong>ed <strong>and</strong> ordered to pay LSC’s costs $4,000.<br />
7 Quinn v Law Institute of Victoria [2007] VSCA 122;<br />
Legal Services Commission v McCristal (Legal Practice) [2011] VCAT 23 (10 February 2011).<br />
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