The Gazette 1992

DECEMBER 1992

GAZETTE

• Failing to protect the best interests of a client.

• Un l aw f u l ly w i t h h o l d i ng mo n i es d u e to a client.

the solicitor was placed in f u n ds to d o so.

• Failing to a c c o u nt to the c omp l a i n a nt in respect of mo n i es held.

• Delaying in c omp l e t i ng the p u r c h a se of a dwellinghouse on behalf of the c omp l a i n a n t s. • Failing to protect a clients' interests in relation to the p u r c h a se of a dwellinghouse in t h at the solicitor allowed proceedings to be issued directly against the c omp l a i n a n t s. • Failing to reply to clients' c o r r e s p o n d e n ce a n d t e l e p h o ne enquiries. • Failing to p r o d u ce a client's file to t he Registrar's C omm i t t ee wh en requested to d o so. • Failing to a t t e nd the Registrar's C omm i t t ee wh en requested to d o so. • Failing to c omp ly with the u n d e r t a k i ng to t he Registrar's C omm i t t ee to resolve o u t s t a n d i ng ma t t e rs a nd f u r n i sh a report to the c omp l a i n a n t 's solicitors. • Failing to reply to the Society's c o r r e s p o n d e n c e.

• Deceiving clients by ma k i ng false representations, k n ow i ng such representation to be false. • Failing to lodge a deed of assent in respect of l a nds to be registered with t he L a nd Registry. • Failing to h a n d over files a nd d o c ume n ts of a f o r mer client, to a f o r mer client's new solicitors n o t w i t h s t a n d i ng assurances to the Society t h at t he solicitor would d o so. • Misrepresenting t he position to the c omp l a i n a n ts in stating on several o c c a s i o ns t h at their mo r t g a ge h a d been registered wh en in fact it h a d n ot been l odg ed for registration. • Failing to reply to the request of the c omp l a i n a nt to h a n d over his file a n d p a p e rs to the c omp l a i n a n t 's new solicitor. • Delaying in s t amp i ng a n d registering a mo r t g a ge d e e d.

• Delaying in the a dm i n i s t r a t i on of an estate.

• Failing to keep a client a d e q u a t e ly advised as to t he progress of an a dmi n i s t r a t i on of an estate. • Failing to protect a n d a d v a n ce the interests of the beneficiaries by ma k i ng a n d / o r seeking a u t h o r i ty for interim d i s t r i b u t i on of the assets of an estate. • Failing to a c c o u nt for all s ums received a n d d i s t r i bu t ed in respect of an estate. • Failing to take all p r o p er a n d necessary steps to c omp l e te the a dm i n i s t r a t i on a nd d i s t r i b u t i on of a n estate. c omp l a i n a nt a n d residuary legatee in the h a n d l i ng of requests for an interim p a yme n t. • Failing to c omp ly with a client's i n s t r u c t i ons to institue a claim despite having been paid fees for instituting the said claim a n d allowing the s t a t u t o ry p e r i od for bringing such a claim to expire. • Failing to i n f o rm a client of the progress of Circuit C o u rt proceedings. • P r e j u d i c i ng a client's legal a f f a i rs by n ot issuing Circuit C o u rt proceedings wh en instructed to d o so. • Deliberately misleading a client by stating t h at proceedings h a d been issued a n d served wh en such was n o t t he t r u th of t he matter. • Failing to have regard to the h a r d s h ip c a u s ed to the

• Failing or delaying to discharge s t amp d u ty n o t w i t h s t a n d i ng t h at

The High Court

Cases presented to the High Court between the 1 September, 1991 and the 31 August, 1992

19

3

Censured, fined and cósts

3

Censured and costs

2

Fined and costs

2

Costs awarded

1

Adjourned generally

8

Adjourned

5

Awaiting presentation to the High Court

• Delaying in registering a client's title.

398