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Berger, Victor

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — Milne Berry & Berger
Case number[2017] NSWCATOD 137
Date21-Sep-2017
HearingNSW Civil & Administrative Tribunal - Occupational Division
OutcomeCosts Removal of lawyer's name from the Roll of Local Lawyers $0.00 Appeal Status: Dismissed Appeal Decision

Allegation / charges

<p>1. Failure to make costs disclosure to clients</p><p>2. Breach undertakings to Legal Services Commissioner</p><p>3. Purporting to act under power of attorney after donor of power died</p><p>4. Purporting to act as exectuor when no grant of probate</p><p>5. Failing to comply with Court order</p><p>6. Breaches of sections 254, 255 &amp; 259 LPA 2004 causing deficiencies in trust account</p><p>7. Overcharging</p><p>8. Misappropriation</p><p>9. Applying and receiving trust money in breach of the terms of the agreement under which received</p><p>10. Failure to deposit trust money into a trust account</p><p>11, Preferring own interests over those of client</p> — Professional Misconduct Unsatisfactory Professional Conduct

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionOther
Dishonesty foundNo

The practitioner faced multiple charges including failure to make costs disclosure, breach of undertakings to the Legal Services Commissioner, purporting to act under a power of attorney after the donor's death, purporting to act as executor without a grant of probate, failing to comply with a court order, breaches of sections 254, 255 and 259 of the Legal Profession Act 2004 causing trust account deficiencies, overcharging, misappropriation, misuse of trust money, and preferring own interests over the client's. Conduct was characterised as professional misconduct and unsatisfactory professional conduct. No express finding of dishonesty and no sanction is set out in the provided text.

Duties found breached:

⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]

Duties engaged

Other decisions involving this respondent

  • Decision 2013-10-08 · OLSC · Australia — New South Wales · Suspension of Practising Certificate Victor Beger's practis…

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=0b5ea7df-b633-eb11-bf74-000d3ad1941e