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Solicitor reprimanded for ‘gross delay’ in client matters
A solicitor who failed to carry out his client’s directions for a period of 14 years has been reprimanded and ordered to take a practice management course.
Naomi Neilson
The NSW Civil and Administrative Tribunal (NCAT) found solicitor Shaun Titmarsh had engaged in unsatisfactory professional conduct. In addition to the reprimand and a management course, Mr Titmarsh was fined $5,000 and was ordered to pay costs.
Another gross delay in administering the estate occurred after the death of the wife and during the transfer to another person. Mr Titmarsh received instructions in November 2010 to make the transfer and administer the estate but did not complete this direction until September 2012, a 22-month period of inaction.
Mr Titmarsh admitted that this was a “gross delay” of his client’s directions and did not oppose the orders being sought against him. He did request at hearing, however, that although he accepted the fine, it should be a “token fine” only.
In previous complaints at the beginning of his career, Mr Titmarsh was accused of causing a delay in the conduct of various matters, a delay or failure to transfer files and a failure to communicate with clients. A previous hearing also heard he failed to communicate with other solicitors and failed to comply with notices.
The entire judgment can be found on AustLII or JADE: Council of the Law Society of New South Wales v Titmarsh [2021] NSWCATOD 170 (29 October 2021)
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
