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Lawyer Name:Nagle, Peter Richard
Lawyer Type:Barrister
Date/s of Admission/s: 08-May-1981
Business Address or Former Address:
55 Angus Avenue Kandos NSW 2848
Place of Issue of Practising Certificate:New South Wales
Substance of Conduct Matter:

<p><br></p><p>1. Borrowed money from his client – breach r 47 of the of NSW Barristers’ Rules 2014</p><p>2. Failed to disclose to his client all matters required to be disclosed in the case of a direct access retainer between a barrister and a client</p><p>3. Made false representations in a letter to his client about entering into a ‘fees’ agreement’ in circumstances where there was no such requirement under the LPA 2004</p><p>4. Failed to provide a disclose to his client of the matters required under r24 of the Barristers’ Rules in circumstances of accepting a direct access brief from his client</p><p>5. Proposed and purported to agree to a term of a fees agreement that would enable him to charge his client GST at a higher rate than could lawfully be imposed or recovered</p><p>6. Made demands for payment of money</p><p>7. Communicated by email with a Magistrate ex parte without the knowledge of his client or the opponent and falsely represented his instructions had been withdrawn</p><p>8. Communicated with a Magistrate ex parte by email without the knowledge or consent of his client or the opponent</p><p>9. Made representations that were disparaging to his client and detrimental to his client’s best interests</p><p>10. Conduct fell short of the standard of competence and diligence a member of the public is entitled to expect of a reasonably competent lawyer</p>

Finding:Unsatisfactory Professional Conduct
By:NSW Civil & Administrative Tribunal - Occupational Division
Date: 19-Feb-2019
Disciplinary Action:
Costs
Reprimand
Waive fees
Proceedings Instituted By:Council of the New South Wales Bar Association
Citation:

[<a href="https://www.caselaw.nsw.gov.au/decision/5c69d98be4b0196eea404746&quot;&gt;Council of the New South Wales Bar Association v Nagle (No 3) [2019] NSWCATOD 26</a>]