Richard Mitry [1997] NSWLST 22

The Legal Services Tribunal of New South Wales

CITATION : Richard Mitry [1997] NSWLST 22 PARTIES : Richard Mitry FILE NUMBER(S) : of 1996 CORAM: Mr J. Stowe QC (Chairman) - Dr A. Bennett SC - Dr M. Costigan CATCHWORDS: :- Alleged Professional Misconduct - withdrew an appeal to the District Court without the authority of his client LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Bar Association v Livesey (1982) 2 NSWLR 231 at 238) DATES OF HEARING: 23 September 1997 DATE OF JUDGMENT: 09/23/1997 LEGAL REPRESENTATIVES:

JUDGMENT: The Bar Association alleged that the barrister was guilty of professional misconduct because he had, allegedly, without instructions withdrawn an appeal to the District Court lodged on behalf of his client in respect of a conviction in the Local Court. It was also claimed that the barrister had created a document purporting to be an authority from his client which he had induced his client to sign in blank. The Tribunal found that it could not rely on the evidence of the complainant client and could not be satisfied to the necessary degree that the barrister had acted in the manner alleged. It, accordingly, dismissed the Information.

B y an Information filed with the Tribunal on 25 February, 1997 the Council of the New South Wales Bar Association ("the Council") alleged that Richard Mitry ("the Barrister") was guilty of professional misconduct on or about 22 September, 1995. The substance of the allegation was that upon that date the Barrister, without instructions, withdrew an appeal which had been lodged in the District Court on behalf of his client Mr Nabih Baaini (otherwise known as Neil Baaini). It was further alleged that he had created a false document purporting to record Mr Baaini's instructions to withdraw the appeal. The document in question was written out in longhand and bore Mr Baaini's signature. It was alleged that the Barrister had induced Mr Baaini to sign the relevant piece of paper when it was blank, that he misrepresented the purpose for which Mr Baaini's signature on the piece of paper was required, and that he wrote in the terms of the authority to withdraw the appeal after the piece of paper had been signed in blank.