Decision record
Berger, Victor
Allegation / charges
1. Failure to make costs disclosure to clients 2. Breach undertakings to Legal Services Commissioner 3. Purporting to act under power of attorney after donor of power died 4. Purporting to act as exectuor when no grant of probate 5. Failing to comply with Court order 6. Breaches of sections 254, 255 & 259 LPA 2004 causing deficiencies in trust account 7. Overcharging 8. Misappropriation 9. Applying and receiving trust money in breach of the terms of the agreement under which received 10. Failure to deposit trust money into a trust account 11, Preferring own interests over those of client — Professional Misconduct Unsatisfactory Professional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The provided text is a list of charges characterised as professional misconduct and unsatisfactory professional conduct, including failure to make costs disclosure, breach of undertakings, 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 ss 254, 255 and 259 LPA 2004 causing trust account deficiencies, overcharging, misappropriation, misapplying trust money, failure to deposit trust money into a trust account, and preferring own interests over the client's. No express findings, dishonesty determination, or sanction are stated in the text supplied.
Duties found breached:
- Comply with and respect court orders
- Uphold public trust in the profession
- Act in the client's best interests
- Act only on proper, lawful instructions
- Disclose material information to client
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Report serious misconduct of others
⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]
Duties engaged
- Comply with and respect court orders
- Uphold public trust in the profession
- Act in the client's best interests
- Act only on proper, lawful instructions
- Disclose material information to client
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Report serious misconduct of others
- Honour professional undertakings
Other decisions involving this respondent
Matched by respondent name — may include a different person with the same name.
Documents
Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail/?id=0b5ea7df-b633-eb11-bf74-000d3ad1941e