Laurence John Treanor [1998] NSWLST 7

Laurence John Treanor [1998] NSWLST 7

The solicitor admitted receipt of the Law Society's letters of 12 March 1996 and 24 October 1996 and admitted that the time allowed for compliance was reasonable. His explanation of financial and other practice difficulties and a 'head in the sand' attitude was not a reasonable excuse, particularly in light of his admission that there was no rational excuse for his failures. The Tribunal therefore found that he failed without reasonable excuse to comply with the Law Society Council's requirements under section 152, and by operation of section 152 (4) he was guilty of professional misconduct.

Jurisdiction
Australia
Judgment Date
31 August 1998
Procedural Posture
Professional Misconduct and Unsatisfactory Professional Conduct Complaint / Hearing of Amended Information Filed on 28 August
Outcome
Ground one upheld and the solicitor found guilty of professional misconduct; no finding made on ground two after the Law Society withdrew it.
Legal Topics
['failure to Comply With S. 152 Notice' 'professional Misconduct' 'reprimand' 'costs']
['legal Profession' 'professional Discipline'] ['failure to Comply With S. 152 Notice' 'professional Misconduct' 'reprimand' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Misconduct and Unsatisfactory Professional Conduct Complaint / Hearing of Amended Information Filed on 28 August

Legal Issues

  1. 1 ['Whether the Law Society Council, for the purpose of investigating a complaint, served written notices requiring the solicitor to provide information by specified dates and allowed a reasonable time for compliance.' "Whether the solicitor failed, without reasonable excuse, to comply with the requirements communicated in the Law Society's letters of 12 March 1996 and 24 October 1996." 'Whether section 152 (4) of the Legal Profession Act applied so that the solicitor was guilty of professional misconduct by reason of the default.']

Ratio Decidendi

The solicitor admitted receipt of the Law Society's letters of 12 March 1996 and 24 October 1996 and admitted that the time allowed for compliance was reasonable. His explanation of financial and other practice difficulties and a 'head in the sand' attitude was not a reasonable excuse, particularly in light of his admission that there was no rational excuse for his failures. The Tribunal therefore found that he failed without reasonable excuse to comply with the Law Society Council's requirements under section 152, and by operation of section 152 (4) he was guilty of professional misconduct.

Court Disposition

Ground one upheld and the solicitor found guilty of professional misconduct; no finding made on ground two after the Law Society withdrew it.

Orders

  • ['The solicitor is reprimanded.' "The solicitor pay the Law Society's costs assessed and agreed at $8,472.20 of which half is to be paid within 30 days of the date of these orders and the balance within three months of this date."]