Berger v Council of the Law Society of New South Wales [2019] NSWCA 119 (23 May 2019) (Meagher JA at [1], Payne JA at [2], Simpson AJA at [381])


Catchwords:


OCCUPATIONS – legal practitioners – penalty appeal – whether the Tribunal erred in removing the solicitor’s name from the roll – failure to make costs disclosures and provide costs agreement to clients – causing deficiencies in trust account – misappropriation of trust monies – applying received monies in breach of the terms of agreement under which they were received – overcharging – purporting to act as executor when no grant of probate – purporting to act as attorney when donor of power was deceased – breach of costs disclosure undertakings given to Legal Services Commissioner – failure to comply with Supreme Court order – Legal Profession Act 2004 (NSW) – Legal Profession Act 1987 (NSW)

OCCUPATIONS – legal practitioners – whether a case of dishonesty had been pleaded or conducted – whether findings made by the Tribunal of dishonesty were open – whether findings made by the Tribunal that the appellant knew he was acting dishonestly were open



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