George Traikovitch [1997] NSWLST 7

The Legal Services Tribunal of New South Wales

CITATION : George Traikovitch [1997] NSWLST 7 PARTIES : George Traikovitch FILE NUMBER(S) : of 1996 CORAM: Mr F Riley (President) - Mr R. Fox - Dr B Dyster CATCHWORDS: Professional Misconduct - gross negligence and delay/gross delay/delay :- Legal Profession Act 1987 LEGISLATION CITED: Compensation to Relatives Act Workers Compensation Act CASES CITED: DATES OF HEARING: 5 February 1997. DATE OF JUDGMENT: 02/26/1997 LEGAL REPRESENTATIVES: Mr D. Hipsley Mr I. Wales

JUDGMENT:

A solicitor practising at Newtown received instructions in 1985 from the widow of a man recently deceased as a result of injuries suffered on his journey home from work. The solicitor was instructed to apply for probate of the deceased's will, and to take actions, on behalf of the widow and the two dependent children under the Workers Compensation Act and the Compensation to Relatives Act. While the solicitor took some action pursuant to his instructions, he had not filed an application for probate nor significantly advanced the actions commenced on behalf of the widow and children, when his instructions were terminated and he handed over his file to other solicitors instructed by the widow in 1995.

The solicitor conceded his delay and neglect of his client's interests were inexcusable and sought to explain that he had not previously acted in a Compensation to Relatives Act claim of that kind and he had developed a "mental block", in relation to his client's matters.

The Tribunal found that the solicitor's gross delay and neglect of his client's interests constituted professional misconduct. It ordered a fine of $1000.00, a reprimand, and that the solicitor should pay the costs of the Law Society.