Law Society of New South Wales -V- Roberts [1998] ADT

Legal Services Division

CITATION: Law Society of New South Wales -V- Roberts [1998] ADT

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Michael Harley Roberts

Mr C Vass (Chairperson) ( Senior Judicial Member ) TRIBUNAL: Ms A Durback Ms L Bubniuk

GROUNDS OF COMPLAINT: Professional misconduct

DATE OF JUDGMENT: 11/23/1998

Complainant: Mr T. Lynch (Counsel) Mr P. Kellow (Solicitor) LEGAL REPRESENTATIVES: Respondent: Mr M.H. Roberts (in person)

MICHAEL HARLEY ROBERTS – Solicitor failing to comply with Notice under Section 152(1) of the Legal Professional Act. Many opportunities to respond given to solicitor but he continued to fail to respond. Solicitor guilty of professional misconduct. Solicitor reprimanded, fined $8,000.00, periodic inspection of practice, attend course on Risk Management.

The Tribunal had for hearing before it an information dated 15 June 1998 by the Legal Services Commissioner (the Commissioner) in which the Commissioner claims that the Solicitor is guilty of professional misconduct in that he failed to comply with a notice in writing under Section 152(1) of the Legal Profession Act (The Act) dated 3 February 1998 in respect of Mr Richard Wellsmore without reasonable excuse at or immediately after 5.00 pm on Friday 13 February 1998. It appears from the complaint form and the letters annexed to the Affidavit of the Commissioner sworn on 15 June 1998 that the Solicitor was first notified of a complaint by Mr Richard Wellsmore in a telephone conversation which took place between the solicitor and Mr Fintan an employee of the Commissioner. The telephone conversation is referred to in a letter written by the Commissioner to the Solicitor on 11 June 1997 and that letter points out that the solicitor had indicated to Mr Fintan that he the Solicitor would telephone Mr Wellsmore and resolve the situation. The letter of 11 June 1997 was prompted because it says that the solicitor has not made contact with Mr Wellsmore. The letter again tells the solicitor that the matter could be best resolved through direct communication between the solicitor and Mr Wellsmore and that the solicitor was given a further 14 days to resolve the problem and then provide the Commissioner with written details of how the complaint has been resolved. It was pointed out in that letter that the Commissioner required the solicitors response pursuant to his powers under section 152(1) of the Act.