Patrick Joseph Daly, Solicitor [1991] NSWLST 1

The Legal Services Tribunal of New South Wales

CITATION : Patrick Joseph Daly, Solicitor [1991] NSWLST 1 PARTIES : Patrick Joseph Daly, Solicitor FILE NUMBER(S) : of CORAM: Mr F Herron (Presiding Member) - Mr G B Molloy - Ms N Keesing CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 10/04/1991 - 12/04/1991 DATE OF JUDGMENT: 05/08/1991 LEGAL REPRESENTATIVES: Mr I.R. Coleman, instructed by Mr L. Pierotti, appeared for the Law Society of New South Wales Mr P.R. Capelin QC instructed by Mr J. Maguire, appeared for the Solicitor

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Patrick Joseph Daly, Solicitor Determination and Orders

Before: Mr F. Herron (Presiding Member), Mr G. Molloy, and Miss N. Keesing. Appearances: Mr I.R. Coleman, instructed by Mr L. Pierotti, appeared for the Law Society of New South Wales; Mr P.R. Capelin QC instructed by Mr J. Maguire, appeared for the Solicitor.

In this matter the Council of the Law Society of New South Wales (the Complainant) complained pursuant to Section 135 of the Legal Profession Act 1987 (the Act) that the conduct of Patrick Joseph Daly, a legal practitioner, (the Solicitor) amounted to professional misconduct.

The grounds stated in the complaint were: 1. Gross neglect, incompetence and delay.

The Complainant sought the following orders: 1. That the Solicitor be reprimanded 2. That the Solicitor be fined. 3. An Order for costs.

The Tribunal heard the matter on 10 April 1991, 11 April 1991 and 12 April 1991, and reserved its decision.

The Complainant's case consisted of: 1. Complaint dated 3 October 1990 (exhibit "A"). 2. Statutory declaration of John Richard Hunt dated 3 October 1990 annexing a copy of the complaint (annexure "D"), and also annexing copies of three reports of an Investigator, Geoffrey Selwyn Lewis, appointed pursuant to Section 55 of the ®MDBR¯Legal Profession Act 1987 ®MDNM¯to investigate the affairs of the Solicitor. That appointment was made by a resolution of the Council of the Law Society of New South Wales on 11 August 1988. The three reports were dated 6 October 1988 (annexure "A"), 13 July 1989 (annexure "B"), and 16 August 1990 (annexure "C") (exhibit "B"). 3. Statutory declaration of Richard Allen Davies dated 5 April 1991 (exhibit "C"). 4. Statutory declaration of Charles Alexander Vandervord dated 5 April 1991 (exhibit "D"). 5. Copy letter dated 20 July 1988 from the Complainant to the Solicitor (exhibit "E").~ 6. Copies of five letters which had passed between Messrs. Hunt and Hunt, Solicitors, and the Solicitor (exhibit "F"). 7. Oral evidence by Geoffrey Selwyn Lewis, Solicitor. 8. Oral evidence by Richard Allen Davies, Solicitor. 9. Oral evidence by Charles Alexander Vandervord, Solicitor.