Jeffrey Stuart Dunn [1995] NSWLST 7

The Legal Services Tribunal of New South Wales

CITATION : Jeffrey Stuart Dunn [1995] NSWLST 7 PARTIES : Jeffrey Stuart Dunn FILE NUMBER(S) : of 1994 CORAM: Mr A. Martin (Presiding Member) - Mr W. Macquarie - Vice Admiral I Knox Professional Misconduct - gross negligence and delay/gross delay/delay :- Competence and diligence CATCHWORDS: Delay Failure to communicate properly with the solicitor's client s.135 Legal Profession Act 1987 LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 09/21/1995 Mr. I. Wales instructed by Mr. G.J. Still for the Law Society of New South Wales. Mr.B. Collins qc with Mr.M. Campbell instructed by Timmins & Partners for the solicitor. LEGAL REPRESENTATIVES: Mr. J. Darvall, instructed by Photios Vouroudis & Co. for the complainant in respect of compensation (3rd day only)

JUDGMENT:

Allegations of gross negligence, delay and failure to communicate properly with the client over the solicitor's 7 1/2 year carriage of the civil matter. It was the Society's view that the combination of circumstances in the case tipped the scale in favour of professional misconduct. The Tribunal's opinion was that the totality of the solicitor's conduct did not amount to professional misconduct. The solicitor's conduct before 1 January 1988 could not be said to be disgraceful or dishonourable and his conduct after that date did not fall within the definition of s 127 of the Legal Professional Act 1987.

The Tribunal did not find that the solicitor's conduct amounted to unsatisfactory conduct.

The Tribunal expressed the view that the solicitor might have done better. Complaint dismissed. No order as to costs.