Neale, Kelly

Date

05 January 2017

Charges

The charges against Ms. Kelly Neale were:

Charge 1

Failing maintain high standards of professional and personal conduct and justify public trust in you, your profession and the provision of legal services; and/or act competently and in the best interest of your client and respect client confidentiality contrary to Principle 2, outcome 2.2 and 5, outcome 5.12, respectively, of the Code of Conduct 2015.

The particulars to charge one were that Ms. Neale provided confidential and/or legally privileged information to a third party not entitled to it.   

Charge 2

Failing to behave with honesty and integrity contrary to Principle 3, outcome 3.5, of the CILEx Code of Conduct 2015.

The particulars to charge two were that Ms. Neale held herself out as a solicitor, when she is not, on a C7 Court Form within family proceedings. 

Charge 3

Failing to maintain high standards of professional and personal conduct and justify public trust in you, your profession and the provision of legal services; and/or behave with honesty and integrity; and/or act competently and in the best interest of your client and respect client confidentiality Principles 2, outcome 2.2, 3, outcome 3.2, and 5, outcomes 5.5 and 5.6, respectively, of the CILEx Code of Conduct 2015.

The particulars to charge three were that:

  1. On 9 September 2015, Ms. Neale contacted St Johns Building Chambers, by telephone, to book counsel for a hearing on 16 October 2015, when she was not instructed to do so.
  2. During the telephone call to St Johns Building Chambers, made on 9 September 2016, Kelly Neale confirmed that she was formally instructed and was also on court record as acting in the matter, despite not being so.

Outcome

Charges 1 and 3 were found proved. Charge 2 was not found proven.

Sanction

The Disciplinary Tribunal ordered that Ms. Neale be warned and reprimanded. Ms. Neale was ordered to pay costs.