John Hayter [1996] NSWLST 15

The Legal Services Tribunal of New South Wales

CITATION : John Hayter [1996] NSWLST 15 PARTIES : John Hayter FILE NUMBER(S) : of 1995 CORAM: Mr F Riley (President) - Mr W. Macquarie - Ms E. Dutton CATCHWORDS: Unsatisfactory Professional Conduct - delay :- section 127(1)(a) Legal Profession Act 1987 LEGISLATION CITED: Legal Profession Act 1987 section 127(1)(a). CASES CITED: DATES OF HEARING: 13 November 1996 DATE OF JUDGMENT: 11/29/1996 LEGAL REPRESENTATIVES: Ms J Deamer of counsel instructed by Mr Gary James Still for the Council of the Law Society of New South Wales. Mr I Wales of counsel instructed by Mr Francis Dominic Lloyd, solicitor, of Messrs Lloyd & Lloyd.

JUDGMENT:

The Solicitor received instructions late in 1981 to act for a man and his wife in respect of personal injuries claims arising from a motor vehicle accident.

Both clients gave further instructions to the solicitor to act for them on personal injuries claims in relation to another accident in which they were involved late in 1983. They also consulted the solicitor about work place accidents. When the solicitor's instructions were terminated about the end of 1992 neither of the actions which the solicitor commenced for the clients arising from the 1981 accident had been concluded. A statement of claim issued on behalf of the male client in 1987 had not been served. Although liability was admitted by the defendant on the female client's action in 1983 it had not been set down for trial. No proceedings had been commenced in respect of the 1983 accident and both client's actions were statute barred.

The solicitor conceded his delay and also the client's allegations that he had misled them by assurances that the matters were receiving attention and would soon be settled. The Tribunal determined that by reason of his gross neglect of his client's interests and his misleading of them he was guilty of professional misconduct.