Law Society of New South Wales -V- Titmarsh [1998] ADT

Law Society of New South Wales -V- Titmarsh [1998] ADT

The solicitor admitted the facts and circumstances of three complaints and had persistently failed to respond to proper requests and notices under s 152 over a long period, without reasonable excuse, and in one matter breached an undertaking. This conduct amounted to professional misconduct in each complaint. Although mitigating personal circumstances, later compliance, peer support and steps to improve practice management justified leniency, the Tribunal's protective function required a reprimand, fine, costs and periodic inspection of the solicitor's practice to reduce the risk of repetition and mark the seriousness of the misconduct.

Jurisdiction
Australia
Judgment Date
29 October 1998
Procedural Posture
Professional Misconduct Complaints Against a Solicitor / Judgment and Orders After Hearing
Outcome
The Tribunal found the solicitor guilty of professional misconduct in relation to each of the three complaints and imposed a reprimand, fine, conditional suspension for non-payment, practice inspections and costs orders.
Legal Topics
['failure to Comply With Notices Requiring Information and Documents' 'legal Profession Act S 152' 'breach of Undertaking to the Legal Services Commissioner' 'penalty for Professional Misconduct' 'practice Inspection and Supervision']
['legal Profession' 'professional Discipline'] ['failure to Comply With Notices Requiring Information and Documents' 'legal Profession Act S 152' 'breach of Undertaking to the Legal Services Commissioner' 'penalty for Professional Misconduct' 'practice Inspection and Supervision']

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Procedural Posture

Professional Misconduct Complaints Against a Solicitor / Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether the solicitor, without reasonable excuse, failed to comply with notices in writing issued under Section 152(1) of the Legal Profession Act in relation to the Nassif, Coleman and Wynne complaints.' "Whether the solicitor's breach of his undertaking of 28 November 1997 to the Commissioner formed part of the professional misconduct in the Coleman complaint." 'What penalty and protective orders were appropriate after findings of professional misconduct.']

Ratio Decidendi

The solicitor admitted the facts and circumstances of three complaints and had persistently failed to respond to proper requests and notices under s 152 over a long period, without reasonable excuse, and in one matter breached an undertaking. This conduct amounted to professional misconduct in each complaint. Although mitigating personal circumstances, later compliance, peer support and steps to improve practice management justified leniency, the Tribunal's protective function required a reprimand, fine, costs and periodic inspection of the solicitor's practice to reduce the risk of repetition and mark the seriousness of the misconduct.

Court Disposition

The Tribunal found the solicitor guilty of professional misconduct in relation to each of the three complaints and imposed a reprimand, fine, conditional suspension for non-payment, practice inspections and costs orders.

Orders

  • ['The solicitor be and he is hereby reprimanded.' 'The solicitor is to pay a fine of $1,000.00 within a period of two (2) months from the date of this order.' 'The solicitor is to be suspended from practice at the expiration of the said period of two (2) months if the fine has not been paid and any such suspension...