Vince Larry Macri [1994] NSWLST 14

The Legal Services Tribunal of New South Wales

CITATION : Vince Larry Macri [1994] NSWLST 14 PARTIES : Vince Larry Macri FILE NUMBER(S) : of 1993 CORAM: Mr J.W. Brennan (Presiding Member) - Mrs J. Bartos - Mr C. Robison CATCHWORDS: Unsatisfactory Professional Conduct - fail to carry out client's instructions - Unsatisfactory Professional Conduct - delay - Unsatisfactory Professional Conduct - fail to keep client adequately advised :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Allison v Council of Medical Education and Registration (1884) 1 QBD 750 ; In the matter of Gregory John Elsworthy (1992) 3 LPDR 30 DATES OF HEARING: 5 October 1994 DATE OF JUDGMENT: 12/21/1994 LEGAL REPRESENTATIVES: Mr D. Robinson appeared for the Council of the Law Society of New South Wales Miss R. MacDougal, Solicitor, appeared for Mr Macri.

JUDGMENT:

The solicitor advised his clients that he had commenced proceedings on their behalf pursuant to their instructions when this was not the case. The Tribunal found that while the solicitor's conduct was serious, it did not satisfy the test of professional misconduct. The solicitor was found guilty of unsatisfactory professional conduct and fined $500.

The complaint alleges that the Solicitor lied to his client. The particulars of the complaint are: "The solicitor, on a number of occasions between at least April 1992 and July 1992 advised the complainant that proceedings had been commenced pursuant to the complainant's instructions when this was not the case."

The Society seeks orders that the Solicitor be fined and that he pay the costs of the Law Society on a solicitor and client basis.