Bruce Edward McCann [1992] NSWLST 15

The Legal Services Tribunal of New South Wales

CITATION : Bruce Edward McCann [1992] NSWLST 15 PARTIES : Bruce Edward McCann FILE NUMBER(S) : of CORAM: Ms A Plotke (Presiding Member) - Mrs D. Kok - Ms N Keesing CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - fail to act honestly :- LEGISLATION CITED: CASES CITED: Allinson v General Council of Medical Education and Registration 1894 1 QB 750 DATES OF HEARING: 08/04/91 - 01/04/92 DATE OF JUDGMENT: 04/01/1992 Mr D. McGovern LEGAL REPRESENTATIVES: Mr F. Smith Mr M. Slattery Messrs Blessington Judd for the Solicitor.

JUDGMENT:

THE LEGAL PROFESSION DISCIPLINARY TRIBUNAL IN THE MATTER OF BRUCE EDWARD McCANN REASONS FOR DETERMINATION AND ORDERS

BEFORE: Miss A. Plotke (Presiding Member), Mrs D. Kok and Ms N. Keesing

APPEARANCES: Mr D. McGovern instructed by Mr F. Smith for the Law Society of New South Wales. Mr M. Slattery instructed by Messrs Blessington Judd for the Solicitor.

HEARING: 8 April 1991, and 4 and 5 July 1991.

This complaint relating to the conduct of Bruce Edward McCann (the Solicitor) was made to the Legal Profession Disciplinary Tribunal by the Council of the Law Society of New South Wales ("the Complainant") pursuant to resolutions of the Council of the Law Society made on 20 September 1990.

On the completion of the hearing the Tribunal reserved its decision.

The Complainant claims that the Solicitor's conduct amounted to professional misconduct, in that he:

1. Misled and failed to deal honestly and fairly with his clients; 2. Improperly delayed and neglected the conduct of his clients' affairs.