Bar Exam, Ethics 2 ALREADY PASSED

A Solicitor v Council of the Law Society of NSW - Facts Solicitor committed 4 acts of indecent assault against daughters of partner. Complaint made in relation to 2 acts. Solicitor admitted 2 acts and informed police about the other 2 acts. Alleged conduct occurred as a result of being made redundant and his father ill health. Immediately sought medical help. Had the support of partner, children and medical practitioners. I further complaint was made by one of the daughters. After conviction and before it was quashed on appeal, the solicitor corresponded with the law society without revealing the charges / conviction. Court of Appeal ordered that the solicitor's name be removed from the roll and made declarations. Decision: appeal allowed in part. Declarations 1(a) and 2 set aside, order that name be removed from roll set aside. Principles Inherent jurisdiction - applied the distinction between professional misconduct and personal misconduct in Ziems. The dividing line between the two is often unclear. - Even where conduct is not engaged in directly in the course of professional practice, it may be so connected to such practice as to amount to professional misconduct. - Further, personal conduct may demonstrate qualities of a kind that require a conclusion that a person is not a fit and proper person to practice. The concept of professional misconduct should not be stretched beyond conduct having some real and substantial connection with professional practice [Note: not following the Spigelman CJ approach in Cummins]. Not all cases of professional misconduct justify or require that the name of a practitioner should be removed from the roll - that ultimate issue is whether the practitioner is shown not to be a fit and proper person. Fitness is to be decided at the time of the hearing. The conduct of the appellant in committing the acts of indecency towards the Legal Services Commissioner v Mullins - Facts