John Frederick Lamich [1996] NSWLST 21

The Legal Services Tribunal of New South Wales

CITATION : John Frederick Lamich [1996] NSWLST 21 PARTIES : John Frederick Lamich FILE NUMBER(S) : of 1995 CORAM: Mr A. Martin (Presiding Member) - Ms S. Hale - Dr M. Costigan CATCHWORDS: Professional Misconduct - fail to carry out instructions - Professional Misconduct - mislead client - Unsatisfactory Professional Conduct - fail to respond to client - Unsatisfactory Professional Conduct - delay :- Professional Misconduct under both general law and S.127(1)(a) of the Legal Profession Act 1987 LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: the Law Society of NSW v Bannister (1993) 4 LPDR 24 DATES OF HEARING: 8 October 1996 DATE OF JUDGMENT: 12/19/1996 LEGAL REPRESENTATIVES: Mr Wales appeared for the Law Society. Mr Cuddy for the Solicitor

JUDGMENT:

The solicitor was found guilty of professional misconduct under both general law and S.127(1)(a) of the Legal Profession Act 1987. The solicitor was found guilty of delay and inaction in two separate client matters.

The Tribunal found that the solicitor's attitude to the affairs of his clients fell far short of the standard that clients are entitled to expect. The solicitor had acted for these clients over a number of years during which time he failed to act on instructions, neglected his clients' interests and deliberately lied to his clients about the matter's progress.

The solicitor was before the Tribunal in 1990 for similar type issues. In these latest proceedings the solicitor was:

1. Fined $10,000;

2. Ordered to undertake the Risk Management Course conduct by LawCover.

3. Ordered to have his practice periodically inspected for by the Law Society.