The Gazette 1992

GAZETTE

DECEMBER 1992

• Un l aw f u l ly w i t h h o l d i ng mo n i es

d u e to a client.

• Failing to a c c o u nt to the

c omp l a i n a nt in respect of mo n i es

held.

• Delaying in the a dm i n i s t r a t i on of

an estate.

• Failing to keep a client a d e q u a t e ly

advised as to t he progress of an

a dmi n i s t r a t i on of an estate.

• Failing to protect a n d a d v a n ce the

interests of the beneficiaries by

ma k i ng a n d / o r seeking a u t h o r i ty

for interim d i s t r i b u t i on of the

assets of an estate.

• Failing to a c c o u nt for all s ums

received a n d d i s t r i bu t ed in respect

of an estate.

• Failing to take all p r o p er a n d

necessary steps to c omp l e te the

a dm i n i s t r a t i on a nd d i s t r i b u t i on of

a n estate.

• Failing to have regard to the

h a r d s h ip c a u s ed to the

c omp l a i n a nt a n d residuary legatee

in the h a n d l i ng of requests for an

interim p a yme n t.

• Failing to c omp ly with a client's

i n s t r u c t i ons to institue a claim

despite having been paid fees for

instituting the said claim a n d

allowing the s t a t u t o ry p e r i od

for bringing such a claim to

expire.

• Failing to i n f o rm a client of the

progress of Circuit C o u rt

proceedings.

• P r e j u d i c i ng a client's legal a f f a i rs

by n ot issuing Circuit C o u rt

proceedings wh en instructed to d o

so.

• Deliberately misleading a client by

stating t h at proceedings h a d been

issued a n d served wh en such was

n o t t he t r u th of t he matter.

• Delaying in registering a client's

title.

• Failing to protect the best

interests of a client.

• Deceiving clients by ma k i ng false

representations, k n ow i ng such

representation to be false.

• Failing to lodge a deed of assent

in respect of l a nds to be

registered with t he L a nd Registry.

• Failing to h a n d over files a nd

d o c ume n ts of a f o r mer client, to

a f o r mer client's new solicitors

n o t w i t h s t a n d i ng assurances to the

Society t h at t he solicitor would

d o so.

• Delaying in s t amp i ng a n d

registering a mo r t g a ge d e e d.

• Misrepresenting t he position to

the c omp l a i n a n ts in stating on

several o c c a s i o ns t h at their

mo r t g a ge h a d been registered

wh en in fact it h a d n ot been

l odg ed for registration.

• Failing to reply to the request of

the c omp l a i n a nt to h a n d over his

file a n d p a p e rs to the

c omp l a i n a n t 's new solicitor.

• Failing or delaying to discharge

s t amp d u ty n o t w i t h s t a n d i ng t h at

the solicitor was placed in f u n ds

to d o so.

• Delaying in c omp l e t i ng the

p u r c h a se of a dwellinghouse

on behalf of the c omp l a i n a n t s.

• Failing to protect a clients'

interests in relation to the

p u r c h a se of a dwellinghouse in

t h at the solicitor allowed

proceedings to be issued directly

against the c omp l a i n a n t s.

• Failing to reply to clients'

c o r r e s p o n d e n ce a n d t e l e p h o ne

enquiries.

• Failing to reply to the Society's

c o r r e s p o n d e n c e.

• Failing to p r o d u ce a client's file

to t he Registrar's C omm i t t ee

wh en requested to d o so.

• Failing to a t t e nd the Registrar's

C omm i t t ee wh en requested to d o

so.

• Failing to c omp ly with the

u n d e r t a k i ng to t he Registrar's

C omm i t t ee to resolve

o u t s t a n d i ng ma t t e rs a nd f u r n i sh

a report to the c omp l a i n a n t 's

solicitors.

The High Court

Cases presented to the High Court between the 1 September,

1991 and the 31 August, 1992

Censured, fined and cósts

Censured and costs

Fined and costs

Costs awarded

Adjourned generally

Adjourned

Awaiting presentation to the High Court

398