26 December 2007

Law in Action

A solicitor in NSW found guilty of a fraud totalling AUD 95,000 has won a stay against the Law Society of NSW. The stay prevents the Law Society from cancelling his practice certificate even though he has been jailed for two years. This means that he can continue to practice law until the appeal is heard and decided.

The story is not so simple as fraud, trial, conviction, and sentence. There are a number of interesting elements such as alleged blackmail and the complainant being forthright in proclaiming that both he and the solicitor involved 'hate each other's guts'. Despite the conviction and the sentence the solicitor has been granted bail as new evidence has come to light. This new evidence, at least in the opinion of a Judge of the Supreme Court, gives rise to a good prospects that the solicitor will succeed in any new trial.

This is law in action. It is not over until the fat lady sings - for want of a better cliche.

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