David Ferdynand Libling [1997] NSWLST 17

The Legal Services Tribunal of New South Wales

CITATION : David Ferdynand Libling [1997] NSWLST 17 PARTIES : David Ferdynand Libling FILE NUMBER(S) : of 1996 CORAM: Mr A.G. Whealy QC - Mr A. Puckeridge QC - Dr B Dyster CATCHWORDS: Unsatisfactory Professional Conduct - delay :- LEGISLATION CITED: Legal Profession Act 1987 Maintenance and Champerty Abolition Act 1993 CASES CITED: Raad & Ors v Barclays Australia (Finance) Ltd.; Briginshaw v Briginshaw, 60 CLR 336 at 362 DATES OF HEARING: 13th of October 1997 DATE OF JUDGMENT: 10/13/1997 LEGAL REPRESENTATIVES: Mr Lindsay SC Mr Gyles QC

JUDGMENT:

Three grounds of complaint were contained in an amended Information filed by the Bar Association. Two claimed that the barrister was guilty of unsatisfactory professional conduct because of his neglect and delay in providing to his instructing solicitor's advice in respect of an appeal. The third alleged the barrister had made false or misleading statements, to his instructing solicitors and the Bar Association in explanation of his delay, for which he should be found guilty of professional misconduct. The Tribunal found the barrister guilty of unsatisfactory professional conduct in respect of his delay which it found was "extensive". The third ground of complaint was not established in the opinion of the Tribunal and therefore no finding of professional misconduct was made. The Tribunal reprimanded the barrister and invited further submissions in respect of a costs order.

T he Tribunal has before it an Amended Information in which the Council of the New South Wales Bar Association has made allegations both of professional misconduct and unsatisfactory conduct against Mr David Ferdynand Libling, a barrister ("the Respondent").