David Ferdynand Libling [1997] NSWLST 17

David Ferdynand Libling [1997] NSWLST 17

The Respondent's extensive delay in providing the advice, despite persistent urgent requests and warnings of a complaint, fell short of the standard of competence and diligence expected of a reasonably competent legal practitioner and constituted unsatisfactory professional conduct. However, the allegations that he made false or misleading statements were not established to the requisite degree: as to the solicitors, he effectively made no explanation rather than the particular false or misleading statement alleged; as to the Bar Association, the Tribunal considered there was scope for misunderstanding in the telephone conversation and was not satisfied that his statements sought to...

Jurisdiction
Australia
Judgment Date
13 October 1997
Procedural Posture
Legal Practitioner Disciplinary Proceedings on an Amended Information Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Determination of Complaints, Disciplinary Response, and Invitation for Further Submissions on Costs
Outcome
The Respondent was found guilty of unsatisfactory professional conduct on Grounds 1 and 2, Ground 3 alleging professional misconduct was not established, the Respondent was formally reprimanded, and further submissions on costs were invited.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'barrister Delay in Providing Advice' 'false or Misleading Statements' 'disciplinary Reprimand' 'costs']
['legal Profession' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'barrister Delay in Providing Advice' 'false or Misleading Statements' 'disciplinary Reprimand' 'costs']

Case Brief

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Procedural Posture

Legal Practitioner Disciplinary Proceedings on an Amended Information Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Determination of Complaints, Disciplinary Response, and Invitation for Further Submissions on Costs

Legal Issues

  1. 1 ['Whether the Respondent was guilty of neglect and delay in delivering a memorandum of advice as to prospects of appeal to his instructing solicitors.' 'Whether the Respondent was guilty of neglect and delay in complying with or responding in a timely manner to requests from instructing solicitors for delivery of the memorandum of advice.' 'Whether the Respondent made false or misleading statements to his instructing solicitors and to the New South Wales Bar Association in seeking to excuse or explain his delays.' 'What disciplinary response was appropriate if unsatisfactory professional conduct was established.']

Ratio Decidendi

The Respondent's extensive delay in providing the advice, despite persistent urgent requests and warnings of a complaint, fell short of the standard of competence and diligence expected of a reasonably competent legal practitioner and constituted unsatisfactory professional conduct. However, the allegations that he made false or misleading statements were not established to the requisite degree: as to the solicitors, he effectively made no explanation rather than the particular false or misleading statement alleged; as to the Bar Association, the Tribunal considered there was scope for misunderstanding in the telephone conversation and was not satisfied that his statements sought to...

Court Disposition

The Respondent was found guilty of unsatisfactory professional conduct on Grounds 1 and 2, Ground 3 alleging professional misconduct was not established, the Respondent was formally reprimanded, and further submissions on costs were invited.

Orders

  • ['The Respondent is formally reprimanded.' 'Ground 3 of the Amended Information is not established.' 'The parties may make further submissions on the issue of costs.']