LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

No.DateApplicationreferredType of Charge(s)Status7 10/10/2011 Professional misconduct: providing forged academic transcript andcurriculum vitae which made marks representations, knowing them tobe false and by doing so dishonestly obtained employment and therebya financial advantage by a deception (x5); further and alternativelymisconduct at common law; providing forged academic transcript andcurriculum vitae which made marks representations, knowing themto be false and by doing so sought to dishonestly obtain employmentand thereby a financial advantage by a deception (x5); further andalternatively misconduct at common law; Misconduct at common law:asking a person to act as referee and to state he remained employedby a firm, knowing this was false; in asking to act as referee while hewas not employed by that employer; dishonestly making during theinvestigation a statutory declaration which was false and he knewwas false8 13/10/2011 Misconduct at common law: in matters before the Supreme Courtof NSW intentionally or recklessly attempting to create a one sidedaccount, namely emphasising inquiries that yielded no or little usefulinformation, and not disclosing inquiries that had yielded somesignificant information; attempting to create a misleading impressionupon the Judge in the matter (x2)Hearing listed for 30 and 31 August 2012Hearing listed for 6 and 7 December 20129 13/10/2011 Misconduct at common law: in matters before the Supreme Courtin NSW intentionally or recklessly attempting to create a one sidedaccount, namely emphasising inquiries that yielded no or little usefulinformation, and not disclosing inquiries that had yielded somesignificant information; attempting to create a misleading impressionupon the Judge in the matter (x2)10 19/10/2011 Misconduct at common law: in affidavits, using language which couldvariously be described as intemperate, discourteous, vulgar, provocativeand/or offensive11 16/12/2011 Misconduct at common law: intentionally and recklessly attempted ordid mislead or deceive (x4); charging for professional fees on a basisother than on the basis which was contracted; Professional misconduct:contravening the Act or the Regulations or both; charging excessivelegal costs in connection with the practice of the law12 16/12/2011 Misconduct at common law: intentionally and recklessly breachingfiduciary duties; Professional misconduct – contravening the Act orRegulations or both (x5); charging excessive legal costs in connectionwith the practice of law; misappropriated and failed to account fortrust money13 21/12/2011 Professional misconduct: failure to use best endeavours to completelegal work contrary to r 1.2 of the Professional Conduct and PracticeRules 2005; failed to communicate effectively and promptly with theclient contrary to r 39.1 from January 2008 (x2); failed to provide fullwritten explanation of conduct re complaint in breach of s 4.4.11(1)(a)of the Act (x2); failure to obtain any or any proper instructions from theclient; rejecting the offer of comprise without obtaining any or properinstructions from the client to do soHearing listed for 6 and 7 December 2012Listed for Directions Hearing on 6 July 2012;and Hearing on 3, 4 and 5 September 2012Hearing listed for 22 August 2012Hearing listed for 22 August 2012Hearing listed for 2 August 2012Legal Services COMMISSIONER Annual Report 2012 97