Law Society of New South Wales -V- Pickup [1998] ADT

Legal Services Division

CITATION: Law Society of New South Wales -V- Pickup [1998] ADT

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Rodney John Pickup

Mr C G Staff (Presiding Member) ( Judicial Member ) TRIBUNAL: Mr R Turner Ms D Klika

GROUNDS OF COMPLAINT: Professional misconduct

DATE OF JUDGMENT: 11/03/1998

Complainant: Mr L. Pierotti LEGAL REPRESENTATIVES: Respondent: Mr R. Pickup (in person)

Information On 10 December, 1997, the Law Society of New South Wales ("the Society") complained that Rodney John Pickup ("the Solicitor") was guilty of professional misconduct.

The grounds on which the complaint were made are:

1. The Legal Practitioner has breached s.55(3) and (5) of the Legal Profession Act, 1987 in that he has: (a) failed to provide to Frederick House, Trust Account Inspector, and Investigator of the affairs of the Legal Practitioner with access to the records held by the Practitioner in relation to the matter of Allan Curtin, John Wilson and the Estate of the Late Ronald Butler, as requested by the said Mr House in his letter to the Legal Practitioner dated 16 August, 1996;

(b) hindered, obstructed and delayed Mr House from exercising his functions as a Trust Account Inspector and Investigator in failing to respond to various requests by Mr House to the Practitioner to contact Mr House and in failing to respond to the letter from Mr House to the Practitioner dated 16 August, 1996.

2. The Legal Practitioner, without reasonable excuse, failed to comply with two Council requirements under s.152(1) of the Legal Profession Act, 1987 of which the Practitioner was notified by letters dated 17 May, 1996 and 20 December, 1996.