Warwick Philip O’Rourke [1996] NSWLST 8

The Legal Services Tribunal of New South Wales

CITATION : Warwick Philip O'Rourke [1996] NSWLST 8 PARTIES : Warwick Philip O'Rourke FILE NUMBER(S) : of 1995 CORAM: Mr D. Castle (President) - Ms S. Hale - Mrs J. Bartos CATCHWORDS: Professional Misconduct - fail to carry out instructions - Professional Misconduct - mislead Court/Tribunal :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: Friday, 12 April 1996. DATE OF JUDGMENT: 04/12/1996 Mr L. Pierotti appeared for the Law Society of New South Wales LEGAL REPRESENTATIVES: Mr G.C. Lindsay sc appeared for the Solicitor

JUDGMENT:

Allegations of Failure to Carry Out Instruction, Acting Without Instructions and Failure to Communicate in Respect to a Claim for Compensation Against a Municipal Council in the Land and Valuation Court of NSW. The case was settled without instructions in the amount of $1,500.00 on 25 May 1979. The complainant was made aware of this fact when the solicitor responded to the complaint in 1993.

Finding of misleading the Court where orders sought without instructions. The Complaint This Complaint was made by the Council of the Law Society of New South Wales ( the Law Society") against Warwick Philip O'Rourke ( the Solicitor") that he may be guilty of professional misconduct.

The grounds upon which the complaint is made are as follows:

1. The Solicitor failed to carry out instructions to seek compensation in the Land & Valuation Court of New South Wales for his client, Mr Durakovic, in accordance with the valuation obtained from a Mr Singer in the amount of $9,000.00.

2. The Solicitor settled his client's court case in the amount of $1,500 without instructions and thereby misled the court.