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

Legal Services Division

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

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Shaun Michael Titmarsh

Mr J W Brennan (Presiding Member) ( Judicial Member ) TRIBUNAL: Mr R Turner Mr D Brehe

GROUNDS OF COMPLAINT: Professional misconduct

DATE OF JUDGMENT: 10/29/1998

Complainant: Mr D Barton

LEGAL REPRESENTATIVES: Respondent: Mr I. Wales (Counsel) Mr Brad Watts (Solicitor)

First Complaint filed 22 January 1998-No. 3 of 1998 (Nassif) The Council of the Law Society of New South Wales ("the Law Society") informed the Tribunal that as a result of the investigation of a complaint against the solicitor, the Law Society claimed that SHAUN MICHAEL TITMARSH ("the solicitor") while practising as a solicitor, was guilty of professional misconduct on the grounds that he, without reasonable excuse, failed to comply with a notice in writing issued under Section 152(1) of the Legal Profession Act of which the solicitor was notified by registered post.

On 13 August 1997 the Legal Services Commissioner ("the Commissioner") referred for investigation by the Law Society a complaint against the solicitor on behalf of a former client, Mr Nassif. On 22 August 1997 the Law Society advised the solicitor of the complaint and requested his response within fourteen (14) days.

On 4 September 1997 the Law Society advised the solicitor by letter of two further complaints made on behalf of the same client and that his response was requested within seven (7) days of the date of the letter. The solicitor did not respond.