The Gazette 1994

GAZETTE

AUGUST/SEPTEMBER

1994

The Di sc ipl inary Commi t t ee Annual Report for 1 9 9 3 / 1 9 94

Committee: Walter Beatty, Chairman W.B. Allen

Law Society

Falsely representing to a solicitor colleague that he was acting for a client in relation to a civil claim when he was not.

At Hearing

Terence Dixon Michael Hogan Donal Kelliher Elma Lynch William A. Osborne Moya Quinlan Grattan d'Ester re Roberts Andrew F. Smyth

Misconduct

2

Leave to withdraw after inquiry directed

Concealing from a solicitor colleague the true identity of his client.

1

Private

Falsely representing to a colleague that a matter had been settled when it had not:

At Hearing

Between 1 September 1993 and 31 August 1994 the Disciplinary Committee met on 14 occasions. The following applications were considered by the Committee during this period:-

No misconduct Inquiry adjourned

1

4

Failing to extract a Grant of Probate to an Estate as instructed.

SUBJECT MATTERS OF COMPLAINTS

Failing to administer an Estate as instructed.

Civil Claims Conveyancing Probate

Failing to make full and frank disclosure of the loss of an original will. Leading complainants to believe he was administering an Estate when he was not. Failing to reply to a complainant's correspondence or to provide any explanation to the complainant for his failure to comply with his undertaking. Failing to reply to the Society's correspondence and to furnish the Society any explanation in relation to his non compliance with his undertaking. Failing when requested to do so to attend before the Registrar's Committee of the Society on two occasions.

53

NEW APPLICATIONS:

Law Society

MAIN GROUNDS ON WHICH THE COMMITTEE FOUND MISCONDUCT Failing to disclose to his clients (two years after the purchase had closed) that he had closed the purchase of their property notwithstanding the deletion by the vendor's solicitor of a clause regarded as fundamental to the contract by his clients; Failing to furnish a copy of the contract to his clients despite repeated requests by them to do so. Failing to immediately advise his clients to seek separate legal advice when there was a clear conflict in his continuing to represent them in the matter; Deliberately altered an opinion he had obtained from counsel on behalf of his j clients to protect his own interests; Prejudiced his clients' interest by the alteration of an opinion by the deletion | and concealment of legal advice material to their interests;

Prima facie cases found Prima facie decision adjourned

13

1

At Hearing

Misconduct Adjourned

2 4

Awaiting inquiry

7

Private

Prima facie cases found Prima facie cases not found 19 Awaiting prima facie decision 10 10

! At Hearing

No misconduct

6

Adjourned

1

Leave to withdraw after inquiry directed

Failing to comply with undertakings given to the Registrar's Committee.

2

Awaiting inquiry

1

Failing to reply to correspondence from the Society.

APPLICATIONS FROM PREVIOUS YEAR:

8

365