John Frederick Lamich [1996] NSWLST 21

John Frederick Lamich [1996] NSWLST 21

The solicitor's admitted and established delay, inaction, failure to pursue client instructions, neglect of client interests and deliberate false statements about the progress of matters fell far short of the standard clients are entitled to expect and constituted professional misconduct under the general law and section 127(1)(a) of the Legal Profession Act 1987. Although serious and aggravated by an earlier similar disciplinary finding, the misconduct did not require removal from the Roll, but required a substantial fine, risk management education and periodic inspection of the solicitor's practice to protect the public and deter similar conduct.

Jurisdiction
Australia
Judgment Date
19 December 1996
Procedural Posture
Professional Misconduct Complaint / Hearing and Orders
Outcome
The solicitor was found guilty of professional misconduct; compensation claims were dismissed; fine, education, practice inspection and costs orders were made.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'failure to Carry Out Instructions' 'misleading Client' 'delay and Inaction' 'failure to Respond to Client' 'disciplinary Penalty' 'compensation Claims']
['legal Profession Regulation' 'professional Conduct'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'failure to Carry Out Instructions' 'misleading Client' 'delay and Inaction' 'failure to Respond to Client' 'disciplinary Penalty' 'compensation Claims']

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Procedural Posture

Professional Misconduct Complaint / Hearing and Orders

Legal Issues

  1. 1 ["Whether the solicitor's delay, inaction, failure to act on instructions and misleading statements in the Roosendaal matter constituted professional misconduct." "Whether the solicitor's failure to follow instructions, failure to make enquiries and misleading statements in the Burnham matter constituted professional misconduct." 'What penalty and protective orders should be imposed following findings of professional misconduct.' 'Whether the compensation claims by Mr Roosendaal and Mr and Mrs Burnham should proceed in the Tribunal.']

Ratio Decidendi

The solicitor's admitted and established delay, inaction, failure to pursue client instructions, neglect of client interests and deliberate false statements about the progress of matters fell far short of the standard clients are entitled to expect and constituted professional misconduct under the general law and section 127(1)(a) of the Legal Profession Act 1987. Although serious and aggravated by an earlier similar disciplinary finding, the misconduct did not require removal from the Roll, but required a substantial fine, risk management education and periodic inspection of the solicitor's practice to protect the public and deter similar conduct.

Court Disposition

The solicitor was found guilty of professional misconduct; compensation claims were dismissed; fine, education, practice inspection and costs orders were made.

Orders

  • ['The Solicitor pay a fine of $10,000 within three months of this date.' 'The Solicitor undertake and complete the first available Risk Management Education Program conducted by LawCover for Principals during the year 1997.' "The Solicitor's practice be periodically inspected by such person as may be nominated by...