Anthony Trimarchi [1997] NSWLST 26

The Legal Services Tribunal of New South Wales

CITATION : Anthony Trimarchi [1997] NSWLST 26 PARTIES : Anthony Trimarchi FILE NUMBER(S) : of 1996 CORAM: Mr G Molloy (Chairperson) - Ms S Carr-Gregg - Ms D Klika Professional Misconduct - gross negligence and delay/gross delay/delay :- Professional Misconduct - Failure to make payment to a beneficiary. CATCHWORDS: Professional Misconduct - Failure to provide information to the Law Society Professional Misconduct- Failing to prepare and forward a bill of costs to client before transferring moneys from trust to office. LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 12 December 1997 DATE OF JUDGMENT: 12/12/1997 LEGAL REPRESENTATIVES:

JUDGMENT:

On 16 March 1989 Decima Sutton signed her last Will and Testament appointing the solicitor as Executor and Trustee of her Will and leaving the residue of her estate to the New South Wales Cancer Council after the payment of all debts and expenses pertaining to the administration of her estate.

The Will also provided that the solicitor was entitled: "to be paid fees for work done by him or his firm on the same basis as if he were not one of my Executors but employed to act on behalf of my Executors." The testator died on 22 August 1991 and on 10 December 1991 the solicitor obtained a grant of Probate.

Between January 1992 and March 1992 the solicitor received into his trust account moneys being the realisation of assets of the Estate.

On 13 November 1992 the solicitor applied for a tax file number and this was subsequently obtained. On 9 November 1992 the solicitor withdrew from his trust account $128,000 and deposited it into a controlled money account with the Advance Bank. His trust account at that point remained in credit in $3,285.40.