Lawyer Name: | English, Martin Francis |
Lawyer Type: | Solicitor |
Date/s of Admission/s: |
18-Aug-1978 (NSW)
18-Aug-1978 (NSW)
|
Law Practice: | (Formerly) English Kearns (2004) |
Business Address or Former Address: | (Formerly) 1 Francis Street East Sydney NSW 2010 |
Place of Issue of Practising Certificate: | New South Wales
|
Substance of Conduct Matter: | <p><br></p><p>1. Breached an undertaking to the Legal Services Commissioner</p><p>2. Practised without a Practising Certificate</p><p>3. Failed to account</p><p>4. Wilfully breached Section 61 of the Legal Profession Act 1987 - handling of trust moneys</p><p>5. Misappropriated trust funds</p><p>6. Failed to comply with Section 152 Notice of the Legal Profession Act 1987</p><p>7. Failed to comply with Section 660 Notice of the Legal Profession Act 2004</p><p>8/ Failed to inform a client of a cost assessment application</p><p>9. Failed to inform a client of hearing</p><p>10. Consented to an indemnity costs order against a client without authority to do so</p><p>11. Breached an Undertaking given to the District Court on 7 December 2004 to pay the hearing allocation fees</p><p>12. Engaged in unethical conduct by failing to respond to a cost assessor's requisitions</p><p>13. Failed to attend a Court hearing on 22 August 2003 as a result of which the proceedings were struck out and costs awarded against the complainant company</p><p>14. Permitted the complainant company's case to be dismissed</p><p>15. Failed to advise that the case had been dismissed and that costs were awarded against the client</p><p>16. Negligent by failing to attend or arrange representation at Court appearances</p><p>17.Failed to advise his client</p><p>(a) That on 22 August 2003 the Court ordered costs against the complainant company and had dismissed its claim</p><p>(b) That on 4 December 2003 the Court awarded costs against the complainant company</p><p>18. Consented to a dismissal of the claim by a client on 7 December 2004 without the consent or knowledge of its Directors or the client</p><p>19. Misled or lied to his client</p><p><br></p><p>The ground of unsatisfactory professional conduct was stated as:</p><p>(1) Failed to transfer documents.</p> |
Finding: | Professional Misconduct Unsatisfactory Professional Conduct |
By: | Legal Services Division of the Administrative Decisions Tribunal
|
Date: | 02-Mar-2011 |
Disciplinary Action: | Conditions on Practising Certificate
Costs
Reprimand
$0.00 |
Proceedings Instituted By: | Council of the Law Society of New South Wales |
Citation: | |