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GAZETTE
AUGUST/SEPTEMBER
1994
The Di sc ipl inary Commi t t ee
Annual Report for 1 9 9 3 / 1 9 94
Committee:
Walter Beatty, Chairman
W.B. Allen
Terence Dixon
Michael Hogan
Donal Kelliher
Elma Lynch
William A. Osborne
Moya Quinlan
Grattan d'Ester re Roberts
Andrew F. Smyth
Between 1 September 1993 and
31 August 1994 the Disciplinary
Committee met on 14 occasions.
The following applications were
considered by the Committee during
this period:-
NEW APPLICATIONS:
53
Law Society
Prima facie cases found
13
Prima facie decision
adjourned
1
At Hearing
Misconduct
2
Adjourned
4
Awaiting inquiry
7
Private
Prima facie cases found
10
Prima facie cases not found
19
Awaiting prima facie decision 10
! At Hearing
No misconduct
6
Adjourned
1
Leave to withdraw after
inquiry directed
2
Awaiting inquiry
1
APPLICATIONS FROM
PREVIOUS YEAR:
8
Law Society
At Hearing
Misconduct
2
Leave to withdraw after
inquiry directed
1
Private
At Hearing
No misconduct
1
Inquiry adjourned
4
SUBJECT MATTERS OF
COMPLAINTS
Civil Claims
Conveyancing
Probate
MAIN GROUNDS ON WHICH
THE COMMITTEE FOUND
MISCONDUCT
Failing to disclose to his clients (two
years after the purchase had closed)
that he had closed the purchase of their
property notwithstanding the deletion
by the vendor's solicitor of a clause
regarded as fundamental to the contract
by his clients;
Failing to furnish a copy of the contract
to his clients despite repeated requests
by them to do so.
Failing to immediately advise his
clients to seek separate legal advice
when there was a clear conflict in his
continuing to represent them in the
matter;
Deliberately altered an opinion he had
obtained from counsel on behalf of his
j clients to protect his own interests;
Prejudiced his clients' interest by the
alteration of an opinion by the deletion
| and concealment of legal advice
material to their interests;
Falsely representing to a solicitor
colleague that he was acting for a
client in relation to a civil claim when
he was not.
Concealing from a solicitor colleague
the true identity of his client.
Falsely representing to a colleague
that a matter had been settled when it
had not:
Failing to extract a Grant of Probate to
an Estate as instructed.
Failing to administer an Estate as
instructed.
Failing to make full and frank
disclosure of the loss of an original
will.
Leading complainants to believe he
was administering an Estate when he
was not.
Failing to reply to a complainant's
correspondence or to provide any
explanation to the complainant
for his failure to comply with his
undertaking.
Failing to reply to the Society's
correspondence and to furnish the
Society any explanation in relation to
his non compliance with his
undertaking.
Failing when requested to do so to
attend before the Registrar's
Committee of the Society on two
occasions.
Failing to comply with undertakings
given to the Registrar's Committee.
Failing to reply to correspondence
from the Society.
365