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Principal partner fined for failing to comply with law society
A principal partner has been reprimanded and fined for failing to complete a mandatory course, contravening his practicing certificate.
Naomi Neilson
Solicitor Stephen Jiao has been found guilty of professional misconduct due to a failure to comply with the Law Society of NSW and contravening a condition of his practicing certificate for not completing a mandatory course for six years.
The extension was granted in January 2015, with a provision that any further extension would not be allowed. He was sent numerous reminders in the lead-up.
In June 2018, Mr Jiao informed the law society that he had been operating at a costs deficit for four years and had not been able to afford the course. In May 2019, Mr Jiao finally completed the course, albeit six years later than requested.
“The [law society] submitted the solicitor’s breach of his practicing certificate condition constitutes a failure to maintain a reasonable standard of competence and diligence – and is therefore capable of consulting professional misconduct,” read documents from the NSW Civil and Administrative Tribunal on the decision.
The tribunal added that the practicing certificate is the authority for a legal practitioner to carry on practice as such and creates a privilege in the hands of the practitioner. A breach must then be “a matter to be taken seriously” by the profession.
“His failure to comply with that condition, over a number of years, is clearly a consistent failure to maintain a reasonable standard of competence and diligence, and amounts, therefore to professional misconduct,” the tribunal noted.
The tribunal said a reprimand is clearly required, as was the fine of $4,000. Due to Mr Jiao’s decision to not participate in the proceedings, the tribunal did not have current information on his financial position, his health, nor other matters to inform costs.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
