John Frederick Lamich [1990] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : John Frederick Lamich [1990] NSWLST 5 PARTIES : John Frederick Lamich FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Ms A Plotke - Mr D Mahon CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - fail to keep client adequately advised - Unsatisfactory Professional Conduct - fail to respond to client :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Allinson v General Council of Medical Education and Registration 1984 1 QB 750 DATES OF HEARING: 07/07/90 - 06/12/90 DATE OF JUDGMENT: 12/06/1990 LEGAL REPRESENTATIVES: Mr B Murdoch

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of John Frederick Lamich Reasons for Determination and Orders Before: Mr G L Wiliams (Presiding Member), Miss A Plotke and Mr D Mahon

This complaint relating to the conduct of John Frederick Lamich (the Solicitor) was made to The Legal Profession Disciplinary Tribunal by the Council of the Law Society of New South Wales (The Law Society and Complainant) under s.134 of the Legal Profession Act 1987 (The Act) pursuant to resolutions of The Council of the Law Society made on 2 November and 14 December 1989.

The complaint was heard on 7 July 1990. Mr B Murdoch appeared on behalf of The Law Society and the Solicitor appeared on his own behalf.

The original Statement of Complaint contained five grounds. The Complainant did not proceed with two of these. The three remaining grounds (1,2 & 4) alleged neglect and delay in and inattention to the conduct of clients' affairs, misleading of clients and failure to supply information to persons entitled thereto. The Orders sought by the Complainant were that the Tribunal make such Orders pursuant to s.163 (1) of the Act as it deems fit and that the Solicitor be ordered to pay the costs of the Complainant in the proceedings. Ground 1 relating to neglect delay and inattention to clients' affairs particularised matters of two clients. Ground 2 dealing with misleading of a client related to one matter and this was one of the matters particularised in ground 1. Ground 4, failure to supply information to persons entitled thereto, also particularised one matter and this was the other matter particularised in ground 1. In essence the complaint was about two matters. One was for LNC Industrial Products Pty Limited relating to District Court proceedings for the recovery of a debt from A C Bearing Supplies Pty Ltd and against Messrs Cunningham & Alford as guarantors of the debt. The other matter was an application for Letters of Administration in the estate of Joan Isabel Taylor.