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Solicitor suspended a second time in past 10 months

BALLINA-based solicitor Mark Flynn has been suspended from practising for the second time in 10 months after NSW Legal Services Commissioner Steve Mark found him guilty of "gross negligence in failing to progress a matter".

A NSW Law Society spokeswoman confirmed Mr Flynn had been suspended from practising but could not disclose the length of the suspension.

The spokeswoman said Mr Flynn would be free to practise as a solicitor once the suspension period was over.

In the judgment determined on January 23, Mr Mark found "reasonable likelihood of a finding of unsatisfactory professional conduct" against Mr Flynn.

"Mr Flynn was grossly negligent in the investigation and the advancement of a person's potential claim of medical negligence against a doctor," he said.

Mr Flynn's client approached him about the medical negligence claim in 2007.

As the statute for limitations on negligence claims under common law is six years, Mr Mark said Mr Flynn did not do the work required to obtain medical and other reports before his client's claim was barred by statute.

Mr Mark said he elected to impose the sanction of a public reprimand on Mr Flynn which was one of the more serious penalties available.

Before the public reprimand was introduced in 2004 any disciplinary action against a solicitor was not available to the public.

Mr Flynn's latest suspension comes after he was suspended by the NSW Law Society Council on March 15, 2012, for appending the signature of a witness to a document and misleading or attempting to mislead a court.

His suspension ceased on June 30 and he recommenced practising law from his Ballina base.

According to the Legal Services Commission website this was the fourth reprimand from the commissioner Mr Flynn had received since July 16, 2007.

Mr Flynn declined to comment on the Legal Services Commissioner's decision or whether he was suspended from practising.



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