January 2013 - Non classé

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canada goose outlet sale It was not the first time the regulator had identified problems with his trust account practices.The legal commissioner argued Kotsifasshould lose hislicence. It was a petition the court disregarded.Court decisions in other disciplinary matters involving the legal fraternity show there is a reluctance in the system to strip a fellow “officer of the court” of their ability to work, particularly permanently.Lawyers who have admitted to acts of forgery have received reprimands and fines; incidents of serious and repeatfinancial misconduct havebeenpunished by multiple suspensions.VCAT member Gerard Butcher, while saying that protection of the public was the primary role of the tribunal, decided Kotsifas had put “measures in place” to ensure it didn’t happen again. He was fined $20,000, and ordered to take another development course and employ an accountant.”Public protection can be satisfied by ensuring that the measures which have been taken by MrKotsifasremain in place and that he achieves a greater understanding of his responsibilities in relation to the conduct of a trust account,” Mr Butcher said.But at the same time VCAT was praising Kotsifas for his expressions of remorse and newfound diligence, Kotsifas was refusing to co operate with the latest investigation into his conduct, ignoring requests from the regulator for information and documents.That investigation was launched into new allegations of forgery and misappropriation reported to the LSB and uncovered by audits nearly 18 months earlier.The end gameOne of Kotsifas’ last acts as a solicitor appears to have been stealing $10,000 to pay for a marble bath.The “couture” tub was part of a lavish renovation of his dream home, a project underwritten by pilfering his firm’s trust account during the same period in which he had been convicted on 10 charges of bad conduct in two separate court proceedings and was under active investigation for dozens of new matters.The Legal Services Board has the power to refuse to renew a lawyer’s practice certificate or take control of a legal firm when it suspects inappropriate conduct, independent of any ruling by VCAT.Yet it held back.Even after Kotsifas’ second round of convictions in mid 2015, when VCAT again refused to strip his licence, the board waited more than three months before acting on its own initiative.Why Kotsifas was allowed to continue to practise is a question Legal Services Commissioner Michael McGarvie said he could not answer because of legislative restrictions governing the board’s work.”What I can say is we put a lot of our resources into identifying risky behaviour,”MrMcGarvietold Fairfax Media.”We are acutely aware of our obligations to protect clients and monitor lawyers to ensure they are meeting their ethical and legal obligations.”When disciplinary proceedings have been filed we sometimes wait for the court to make its decision first.”It wasn’t until late October 2015 that the Legal Services Board voted to install an external manager at J Kotsifas Associates, effectively removing Kotsifasfrom control of the firm canada goose outlet sale.

Updated, January 18th, 2013