Kenneth John Hickey [1996] NSWLST 16

The Legal Services Tribunal of New South Wales

CITATION : Kenneth John Hickey [1996] NSWLST 16 PARTIES : Kenneth John Hickey FILE NUMBER(S) : of 1995 CORAM: Mr R. Clisdell (Chairman) - Ms J. Greenwood - Dr P.O. Miller A.M. CATCHWORDS: Professional Misconduct - make false statement :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: In the matter of Gregory John Elsworthy DATES OF HEARING: 12 November 1996 DATE OF JUDGMENT: 12/03/1996 LEGAL REPRESENTATIVES: Ms Deamer instructed by Mr L Pierotti for the Law Society. There was no appearance by or on behalf of the Solicitor.

JUDGMENT:

The Solicitor received instructions to advise and assist in relation to Workers Compensation proceedings in or about 1982. The Solicitor told the client that proceedings had been commenced and that he had briefed a Barrister. That information was false and misleading. He continued to mislead the client up until 1994 when the client sought assistance from another firm of Solicitors. The Tribunal made a finding of professional misconduct and the Solicitor was fined and ordered to pay costs.

Complaint: By complaint filed in the Tribunal on 13 June 1996, the Law Society Counsel complained that the Solicitor, Kenneth John Hickey, was guilty of professional misconduct in that:

(a) The legal practitioner was instructed by Ronald Jones in or about November 1982 to advise Mr Jones in relation to whether proceedings could be instituted. The legal practitioner failed to advise Mr Jones as instructed;

(b) The legal practitioner misled Mr Jones in failing to tell Mr Jones that proceedings had not been instituted. The information sought compensation and orders that a monetary penalty be imposed and that the legal practitioner pay the Law Society's costs. When the proceedings came on for hearing on 12 November, the Tribunal was advised that the Complainant, Mr Jones, had withdrawn his request for compensation. Facts: The Law Society tendered Statutory Declarations by Gary James Still which annexed to it correspondence forming part of the Society's investigation and the legal practitioner's file. The Law Society also filed two Statutory Declarations by Ronald Clive Jones one dated 30 October 1996 and the other dated 26 June 1996.