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GAZETTE

MWH

DECEMBER 1993

Annual Report of the Disciplinary

Committee 1992/1993

New Applications to Disciplinary Committee

26

Law Society

Prima facie cases found

5

At Hearing

Misconduct

1

No misconduct

2

Adjourned

2

Private

Prima facie case found

9

Prima facie case not found

12

At Hearing

Misconduct

1

No misconduct

5

Adjourned

2

Date for inquiry to be arranged

1

Applications From Previous Year

Law Society

At Hearing

Misconduct

Leave to withdraw after

inquiry directed

Adjourned generally

Adjourned

22

15

Private

At Hearing

Misconduct

No misconduct

Adjourned

The Disciplinary Committee met on

17 occasions between 1 September,

1992 and 31 August, 1993.

The applications shown above were

considered by the Committee during

this period:-

Subject Matters of Complaints

• Civil Claims

• Conveyancing

• Probate

• Solicitors' Accounts Regulations

Main Grounds on which the

Committee Found Misconduct

!

Each complaint contained a number

j

of these grounds:

j

• Allowing a deficit to arise on a

j

client account.

I

• Misappropriating clients' monies

j

and utilising the monies for

personal benefit.

• Making false and inaccurate entries

j

in the books of account in order to

j

conceal the deficit arising from the

j

misappropriation of clients' funds.

• Allowing debit balances to arise on

a client account.

• Making a false statement to a bank

manager.

• Deliberately misleading and

making false representations to the

Society's Investigating Accountant

in order to conceal

misappropriation of funds.

• Not maintaining proper books of

account.

• Delaying in processing a personal

injury claim and allowing the claim

to become statute barred.

• Failing to take proper action on

behalf of clients in relation to their

civil claims.

• Failing to adequately supervise his

office and the attention to work by

his unqualified staff.

• Delaying in handing over a file to a

complainant.

• Failing to carry out the instructions

of the complainants to complete the

registration of the complainants'

title.

• Delaying in the registration of his

client's title.

• Misleading clients and the Society.

• Causing serious material loss and

inconvenience to the complainants

by failing to complete their

instructions.

• Delaying in the extraction of a

Grant of Probate.

• Failing to respond to enquiries

raised by the executor.

• Failing to furnish any report to the

complainant or to give any reason

for the delay in the extraction of a

grant of Probate.

409