Javid Faiz to challenge Law Society Council‘s Professional Conduct Committee over claims of unsatisfactory professional conduct
A high profile lawyer whose clients include the man charged with the murder of NSW Ambulance paramedic Steven Tougher is locked in a challenge with the legal profession watchdog after he was accused of unsatisfactory professional conduct.
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A Sydney lawyer known for some of the state’s highest profile criminal cases is locked in a dispute with a legal profession watchdog after he was accused of unsatisfactory professional conduct.
The Law Society Council‘s Professional Conduct Committee (PCC) has fined Javid Faiz $2500 and ordered him to carry out further legal education as part of a disciplinary decision handed down on August 24.
The decision – published on the Office of the Legal Services Commissioner website – states that between April 17, 2019 and March 16, 2021, Mr Faiz acted with unsatisfactory professional conduct for transferring $10,750 of trust money general trust account to an office account for his own purposes and failed to keep trust records.
A spokesman for the Law Society of NSW said the funds had allegedly been transferred from Mr Faiz’s law practice’s account “without proper authority”.
The disciplinary action included a ‘reprimand’, a requirement for Mr Faiz to undertake and complete further legal education, and a $2500 penalty notice.
Mr Faiz has strongly rejected the claims and is now in the process of lodging civil proceedings against the PCC decision.
Mr Faiz, whose career in the profession spans more than 10 years, is the principal solicitor of Sydney Criminal Law Specialists and has represented a long list of high profile clients.
His current cases include representing Jordan Fineanganofo who is charged with the murder of NSW Ambulance paramedic Steven Tougher in Campbelltown in April.
Mr Faiz said he was not contacted by PCC prior to the decision being published on its website and only found out when questioned about the ruling by a journalist.
“I was shocked when I read it and the way (the decision) has been worded is wrong and inaccurate,” he said.
“I’m seeking civil proceedings and I’m comfortable we’ll be able to have it reviewed.”
Mr Faiz said he has not paid the fine issued by the PCC.
He added that the decision would not impact any of his current cases.
The Law Society in a statement said Law Society Council Professional Conduct Committee that found Mr Faiz had engaged in unsatisfactory professional conduct by improperly dealing with trust monies.
“The Legal Profession Uniform Law and Solicitors’ Conduct Rules 2015 impose strict rules on the management of trust monies by law practices, including that it may only be disbursed as directed by the person (usually a client) on whose behalf it is held, and to keep accurate records of their trust accounts,” a spokesman said.
“The Law Society’s Trust Account Department oversees an annual audit process of trust accounts where every solicitor holding trust money must appoint an external examiner to review their accounts, while also conducting its own random inspections and investigations.
“The council considers a reprimand to be a serious disciplinary action, given that it serves as a permanent public denunciation by the committee of a solicitor’s conduct.
The Law Society has declined to comment on Mr Faiz’s decision to lodge a review of the disciplinary action.
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