Vince Larry Macri [1994] NSWLST 14

Vince Larry Macri [1994] NSWLST 14

Although the solicitor's conduct in telling the client that proceedings had been commenced when they had not was serious and wrong, it did not satisfy the test for professional misconduct. Viewed in light of the circumstances, including the other work being undertaken for the client, the solicitor's relative experience, the short time span, and character evidence, the conduct fell short of the standard expected of a reasonably competent legal practitioner and therefore constituted unsatisfactory professional conduct warranting a fine and costs order.

Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Disciplinary Complaint Concerning Alleged Professional Misconduct or Unsatisfactory Professional Conduct / Judgment After Hearing
Outcome
The solicitor was found guilty of unsatisfactory professional conduct, not professional misconduct, and was fined $500 with an order to pay the Law Society's costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' "failure to Carry Out Client's Instructions" 'delay' 'failure to Keep Client Adequately Advised' 'misrepresentation to Client About Commencement of Proceedings']
['legal Profession Disciplinary Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' "failure to Carry Out Client's Instructions" 'delay' 'failure to Keep Client Adequately Advised' 'misrepresentation to Client About Commencement of Proceedings']

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Procedural Posture

Disciplinary Complaint Concerning Alleged Professional Misconduct or Unsatisfactory Professional Conduct / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the solicitor's statements to the client that proceedings had been commenced when they had not amounted to professional misconduct." "Whether the solicitor's conduct constituted unsatisfactory professional conduct under the Legal Profession Act 1987." 'What penalty and costs orders should be made.']

Ratio Decidendi

Although the solicitor's conduct in telling the client that proceedings had been commenced when they had not was serious and wrong, it did not satisfy the test for professional misconduct. Viewed in light of the circumstances, including the other work being undertaken for the client, the solicitor's relative experience, the short time span, and character evidence, the conduct fell short of the standard expected of a reasonably competent legal practitioner and therefore constituted unsatisfactory professional conduct warranting a fine and costs order.

Court Disposition

The solicitor was found guilty of unsatisfactory professional conduct, not professional misconduct, and was fined $500 with an order to pay the Law Society's costs.

Orders

  • ['That the Solicitor pay a fine of $500.00 within thirty days from the date of this Order.' 'That the Solicitor pay the costs of the Law Society as agreed and if agreement cannot be reached between the Solicitor and the Law Society as to the amount of such costs both parties shall have liberty to apply.']