Graham Leonard Berry [1995] NSWLST 8

The Legal Services Tribunal of New South Wales

CITATION : Graham Leonard Berry [1995] NSWLST 8 PARTIES : Graham Leonard Berry FILE NUMBER(S) : of 1994 CORAM: Mr A. Martin (Chairman) - Ms S. Hale - Mr G. Warwick-Smith CATCHWORDS: Competence and diligence - Professional Misconduct - mislead client - Professional Misconduct - fail to keep client adequately advised :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Basser v Medical Board of Victoria (1981) R 953 at 968 DATES OF HEARING: Friday, 9 June 1995 DATE OF JUDGMENT: 09/21/1995 LEGAL REPRESENTATIVES: Mr D. Hipsley appeared for the Law Society of New South Wales Mr J.W. Conomos, instructed by James Moustacas & Co., appeared for the Solicitor.

JUDGMENT:

The Solicitor was alleged to have misled counsel and his client at a conference at which he stated that he had filed an Amended Statement of Claim. In fact he had not done so. The Solicitor denied that he had used the words alleged, but admitted the offence. The Tribunal found that the words the Solicitor says he used were also misleading, and fined the Solicitor $7,000.00

The complaint

This Complaint was made to the Legal Services Tribunal pursuant to a resolution of the Law Society of New South Wales ("the Law Society") on 17 March 1994 that Graham Leonard Berry ("the Solicitor") may be guilty of professional misconduct. The Information was filed in this tribunal on 11 November, 1994 and was dealt with under the provisions of the new Part 10 of the Legal Profession Act, 1987.

Particulars of the Complaint are:

(a) The Solicitor delayed in pursuing his client's instructions to proceed with litigation at Common Law for personal injury