Legal Services Commissioner v Angelovski [2013] NSWADT 93

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Angelovski [2013] NSWADT 93 Hearing dates: 5 February 2013 Decision date: 02 May 2013 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President J Pheils, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct in relation to Grounds 3, 6, 7, 8 and 9 (considered in conjunction), 10 and 11 of the Application. 2. The Respondent is guilty of unsatisfactory professional conduct in relation to Grounds 1, 2, 4, 5, 12 (except as alleged in Particulars 12.2 and 12.5), 13 and 14 of the Application. 3. The Respondent is reprimanded. 4. The Respondent's right to practise is restricted until 26 March 2017 to that of an employee of a solicitor holding an unrestricted practising certificate. 5. The Respondent is to attend personally and complete, to the satisfaction of the Applicant, the following Courses: (A) By 28 March 2014, the following Law Cover Principals' Risk Management Workshops: (a) Client Engagement Management; (b) Legal Issues and Practice Management; and (c) Communications and Practice Style; and (B) No earlier than 26 March 2015, but before 26 March 2017, the following Lawcover Principals' Risk Management Supplementary Workshops: (a) Supplementary Module 1:Practice Management Risk; and (b) Supplementary Module 2: Financial Management and Risk. 6. If on 26 March 2017 the Respondent has not personally attended and completed, to the satisfaction of the Applicant, the courses listed in Order 5, the Respondent's right to practise will continue to be restricted to that of an employee of a solicitor holding an unrestricted practising certificate until such time as those courses are personally attended and completed to the satisfaction of the Applicant or until further order of the Tribunal. 7. Any unrestricted practising certificate issued to the Respondent on or after 26 March 2017, permitting him to practise during any period ending on or before 30 June 2019, is to be subject to a condition that, in the event of any complaint against him being referred to him, he will, within two (2) weeks of its receipt by him, seek the advice and assistance of a member of the Senior Solicitors' Scheme, or its equivalent at the time, with respect to the complaint. 8. The Respondent is to pay the Applicant's costs of the proceedings as agreed or assessed. 9. (a) The proceedings are set down for further directions at 9.30 a.m. on Wednesday 5 June 2013, relating to the claims for compensation made by the four Complainants listed in the Application. (b) The Applicant is to notify each of these Complainants of the date and time of this directions hearing. Catchwords: Solicitor - disciplinary application -instrument of consent - failure to attend court - misleading clients - misleading Legal Services Commissioner - negligent failure to carry out clients' instructions - gross delay in carrying out clients' instructions - failure to comply with undertakings to Legal Services Commissioner Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society of New South Wales v Leslie [2013] NSWADT 81 Council of the Law Society of New South Wales v Vaughan [2011] NSWADT 118 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Legal Services Commissioner v Tsalidis [2012] NSWADT 160 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Lupco Vanchov Angelovksi (Respondent) Representation: C Webster SC (Applicant) G Thomas (Respondent) L Muston (Applicant) Eakin McCaffery Cox (Respondent) File Number(s): 112036