John Frederick Lamich [1990] NSWLST 5

John Frederick Lamich [1990] NSWLST 5

The Solicitor's repeated neglect, delay and inattention in the LNC District Court proceedings and the Taylor estate matter, together with material misstatements to LNC made with reckless carelessness, constituted professional misconduct at common law. The Tribunal accepted that the Solicitor did not deliberately set out to deceive his client and therefore imposed a fine rather than finding him unfit to practise.

Jurisdiction
Australia
Judgment Date
06 December 1990
Procedural Posture
Professional Disciplinary Complaint Under S.134 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
Complaints established; professional misconduct found; Solicitor fined and ordered to pay costs, with suspension from practice if the fine was not paid within one month.
Legal Topics
['professional Misconduct' "neglect and Delay in Conduct of Clients' Affairs" 'misleading Client' 'failure to Keep Client Adequately Advised' 'failure to Supply Information to Persons Entitled Thereto']
['legal Profession Discipline' 'professional Responsibility'] ['professional Misconduct' "neglect and Delay in Conduct of Clients' Affairs" 'misleading Client' 'failure to Keep Client Adequately Advised' 'failure to Supply Information to Persons Entitled Thereto']

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Procedural Posture

Professional Disciplinary Complaint Under S.134 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ["Whether the Solicitor neglected, delayed and failed to attend to the conduct of LNC Industrial Products Pty Limited's District Court debt recovery proceedings against AC Bearings Supplies Pty Limited and guarantors Cunningham and Alford." 'Whether the Solicitor misled LNC Industrial Products Pty Limited about the progress of its proceedings and applications for judgment or hearing.' 'Whether the Solicitor neglected and delayed an application for Letters of Administration in the estate of Joan Isabel Taylor.' 'Whether the Solicitor failed to supply information to a person entitled to it in relation to the estate of Joan Isabel Taylor.' 'Whether the proven conduct constituted professional misconduct and whether the Solicitor was unfit to practise.']

Ratio Decidendi

The Solicitor's repeated neglect, delay and inattention in the LNC District Court proceedings and the Taylor estate matter, together with material misstatements to LNC made with reckless carelessness, constituted professional misconduct at common law. The Tribunal accepted that the Solicitor did not deliberately set out to deceive his client and therefore imposed a fine rather than finding him unfit to practise.

Court Disposition

Complaints established; professional misconduct found; Solicitor fined and ordered to pay costs, with suspension from practice if the fine was not paid within one month.

Orders

  • ['Pursuant to Section 163 (1)(d) that the Solicitor pay a fine of three thousand dollars ($3,000.00).' 'That the said sum be paid within one month from the date of this Order and that thereafter the Solicitor be suspended from practice until the said fine be paid.' 'Pursuant to Section 163 (6)(b) that the costs of...