Leon Nikolaidis [1998] NSWLST 5

Leon Nikolaidis [1998] NSWLST 5

The Solicitor failed without reasonable excuse to comply with enforceable notices issued under s. 207. Although his initial belief that an itemised bill might suffice could be understood at the beginning, as further notices issued and serious consequences were flagged he did not take steps to set aside or vary the notices, did not adequately contact the Assessor to clear up any misunderstanding, and could not treat his own view of what was necessary as a substitute for compliance. Reliance on the alleged telephone calls did not provide a reasonable excuse. The Tribunal therefore found him guilty of professional misconduct within the meaning of S. 207(6) of the Act.

Jurisdiction
Australia
Judgment Date
30 July 1998
Procedural Posture
Complaint Under S.155 of the Legal Profession Act, 1987 Alleging Professional Misconduct Within the Meaning of S 207(6) of the Act / Determination After Hearing Before the Legal Services Tribunal of New South Wales
Outcome
The Solicitor was found guilty of professional misconduct and was publicly reprimanded, with an order to pay the Commissioner's costs.
Legal Topics
['professional Misconduct' 'failure to Comply With Costs Assessor Notices' 'reasonable Excuse' 'legal Profession Act 1987 S. 207']
['professional Discipline' 'legal Profession' 'costs Assessment'] ['professional Misconduct' 'failure to Comply With Costs Assessor Notices' 'reasonable Excuse' 'legal Profession Act 1987 S. 207']

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Procedural Posture

Complaint Under S.155 of the Legal Profession Act, 1987 Alleging Professional Misconduct Within the Meaning of S 207(6) of the Act / Determination After Hearing Before the Legal Services Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Solicitor failed to comply with notices issued by a costs assessor pursuant to s. 207 of the Legal Profession Act 1987.' 'Whether any failure to comply with the notices was without reasonable excuse.' "Whether the Solicitor's view that an itemised bill of costs would substantially comply with the notices, and his reliance on alleged telephone communications, provided a reasonable excuse." 'What penalty should follow if professional misconduct was established.']

Ratio Decidendi

The Solicitor failed without reasonable excuse to comply with enforceable notices issued under s. 207. Although his initial belief that an itemised bill might suffice could be understood at the beginning, as further notices issued and serious consequences were flagged he did not take steps to set aside or vary the notices, did not adequately contact the Assessor to clear up any misunderstanding, and could not treat his own view of what was necessary as a substitute for compliance. Reliance on the alleged telephone calls did not provide a reasonable excuse. The Tribunal therefore found him guilty of professional misconduct within the meaning of S. 207(6) of the Act.

Court Disposition

The Solicitor was found guilty of professional misconduct and was publicly reprimanded, with an order to pay the Commissioner's costs.

Orders

  • ['That the Solicitor be publicly reprimanded.' "That the Solicitor pay the Commissioner's costs"]