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Ethics and - Gordon & Jackson

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Failure to communicate with client <strong>and</strong> confirm instructions<br />

Legal Services Commissioner v Brott (Legal Practice) [2011] VCAT<br />

110 (7 February 2011)<br />

The Tribunal found 4 charges proved of instituting proceedings<br />

without seeking client instructions. The lawyer was referred to be<br />

struck off the roll of practitioners <strong>and</strong> ordered not to re-apply for a<br />

practising certificate till 2019, 8 years.<br />

Failing to communicate properly with clients regarding<br />

proceeding<br />

Legal Services Commissioner & Ors v Jayakody (Legal Practice)<br />

[2008] VCAT 2075 (7 October 2008)<br />

Reprim<strong>and</strong>, $3,000 fine <strong>and</strong> pay LSC’s costs.<br />

Misleading a client regarding a VOCAT application<br />

Legal Services Commissioner v Horsley (Legal Practice) [2011]<br />

VCAT 875 (27 April 2011)<br />

Reprim<strong>and</strong>, fine <strong>and</strong> pay LSC’s costs.<br />

Failing to advise clients<br />

Honesty<br />

Legal Services Commissioner v Cassidy (Legal Practice) [2009]<br />

VCAT 2647 (8 December 2009)<br />

Reprim<strong>and</strong>, fine <strong>and</strong> pay LSC’s costs of $15,891.63.<br />

Forging a medical certificate (previous complaints)<br />

Theft<br />

Legal Services Commissioner v Johal (Legal Practice) [2011] VCAT<br />

1390 (14 April 2011)<br />

Reprim<strong>and</strong>, fined $3,500 <strong>and</strong> to pay LSC’s costs on County Court D<br />

Scale.<br />

Mr Ali Abou-Eid pleaded guilty to 2 counts of obtaining property by<br />

deception, was sentenced to 24 months imprisonment. Application<br />

made pursuant to 2.4.42 of the LPA to remove his name from the<br />

Roll. AsJ Zammitt made the Orders on 16 February 2012.<br />

8

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