Council of the Law Society of New South Wales v Croke

[2024] NSWCA 195

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Disciplinary proceedings
3. › Solicitor
4. › Fitness to practise
5. › Whether solicitor convicted of criminal offences involving dishonesty and perverting the course of justice committed in the course of legal practice is a fit and proper person to remain on the Roll of Australian Lawyers
6. › Legal Profession Uniform Law (NSW), ss 22, 23, 264
1. Legal Practitioners
2. › Disciplinary proceedings
3. › Removal from Roll
4. › Inherent jurisdiction of Supreme Court
5. › Whether formal declaration of unfitness should accompany order for removal
6. › Legal Profession Uniform Law (NSW), ss 22, 23, 264
1. Legal Practitioners
2. › Duties of legal practitioners
3. › Paramount duty to the court and administration of justice
4. › Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), r 3.1

Quick Take

The Court strongly rejects the characterisation of a solicitor involved in criminal activity as a mere 'service provider' acting at the direction of clients, and emphasises that a lawyer's paramount duty to the Court prevails over all other duties.