I, Nicholas Logan, make the following undertaking to the Tribunal.

1. When acting for a client in respect of a motor vehicle incident:

1. I will confirm my instructions to act in writing with my client;
2. I will communicate directly with my client (in person or by telephone) to confirm the details of the accident, the client's understanding of the process of recovery and my role in that process in acting on my client's behalf, and as to whether a claim ought be made on any insurance policy held by my client;

1. I will communicate directly with my client (in person, by telephone or in writing) before making or accepting any offer of settlement on my client's behalf to obtain my client's consent to that settlement;

1. I will communicate directly with my client (in person, by telephone or in writing) to confirm my client's consent to the payment of my professional fees or any disbursements paid on behalf of my client.

1. That the details of all instructions given by clients will be confirmed by me in writing and sent to the client, or will be the subject of a file note setting out those details clearly, which will be retained on the file.
2. I will ensure any settlement agreement which includes a release is signed personally by my client, unless my client has provided a signed written authority to me to sign the release on his or her behalf.
3. To make each of my employees aware of the substance of these undertakings and require their compliance with them.

These undertakings are to remain in force for as long as I am a principal of a law practice and, to the extent that I am able to control the conduct of any law practice of which I am an employee, whilst I am in legal practice more generally.

1. The respondent's local practising certificate is suspended with effect from 1 September 2016 until 30 June 2017.
2. The respondent is to pay the costs of the applicant including any reserved costs on County Court scale on a standard basis to be assessed by the Costs Court in default of agreement.

1. Following the publication of the Tribunal's findings and reasons on 8 April 2016, the parties were heard on the question of disposition and written submissions were received.
2. Mr Logan has been the subject of two previous proceedings before the Tribunal .

(a) On 16 June 2014, he pleaded guilty to one charge of misconduct at common law in that on 13 February 2013 he signed and caused to be sent a letter containing a threat.

(b) On 8 April 2014 he was found guilty of two charges of professional misconduct arising from a failure to provide the Legal Services Commissioner with a full written explanation of his conduct and documents regarding a disciplinary complaint.

1. Between 4 October 2010 and 21 December 2012, Mr Logan has been reprimanded seven times by the Legal Services Commissioner. The Tribunal was not given the dates of events which gave rise to these reprimands and is therefore unable to determine whether they occurred prior to or subsequent to the events giving rise to the present matter.
2. On 21 December 2012, Mr Logan gave certain undertakings to the VLSC.
3. Upon being asked if he would be prepared to give a similar, slightly modified, undertaking to the Tribunal, Mr Logan gave an undertaking to the Tribunal as follows:

I, Nicholas Logan, make the following undertaking to the Tribunal.

1. When acting for a client in respect of a motor vehicle incident:

1. I will confirm my instructions to act in writing with my client; 2. I will communicate directly with my client (in person or by telephone) to confirm the details of the accident, the client's understanding of the process of recovery and my role in that process in acting on my client's behalf, and as to whether a claim ought be made on any insurance policy held by my client;

1. I will communicate directly with my client (in person, by telephone or in writing) before making or accepting any offer of settlement on my client's behalf to obtain my client's consent to that settlement;

1. I will communicate directly with my client (in person, by telephone or in writing) to confirm my client's consent to the payment of my professional fees or any disbursements paid on behalf of my client.

1. That the details of all instructions given by clients will be confirmed by me in writing and sent to the client, or will be the subject of a file note setting out those details clearly, which will be retained on the file.
2. I will ensure any settlement agreement which includes a release is signed personally by my client, unless my client has provided a signed written authority to me to sign the release on his or her behalf.
3. To make each of my employees aware of the substance of these undertakings and require their compliance with them.

These undertakings are to remain in force for as long as I am a principal of a law practice and, to the extent that I am able to control the conduct of any law practice of which I am an employee, whilst I am in legal practice more generally.

1. I am satisfied that this undertaking goes some way to meeting the need of protection of the public and the need for personal deterrence.
2. There remains the need for general deterrence which is relevant to protection of the public and protection of the reputation of the legal profession.
3. There should be no doubt that the charges are of a very serious nature and that Mr Logan has failed in his duty to the client, the court and to the ethical standards of the profession.
4. The charges were fully contested so no benefit of a plea is received by Mr Logan. Very limited material concerning Mr Logan's personal qualities was received by the Tribunal. In short, mitigation is not significant.
5. It was submitted that the costs of this proceeding to Mr Logan will be in excess of $100,000 and that this in itself constitutes a significant punishment. It should be remembered that the purpose of proceedings as this is not punitive but protective. It should also be noted that the costs are largely due to the conduct of this proceeding as a contest with the need of evidence from a significant number of witnesses.
6. The VLSC seeks suspension of Mr Logan's practising certificate. Having regard to the need for general deterrence and protection of the public and the reputation of the legal profession, I consider a period of suspension to be appropriate having regarding to the seriousness of the conduct giving rise to the charges. Also, having regard to the course of conduct, I consider that a global disposition is appropriate.
7. Mr Logan's practising certificate is suspended with effect from 1 September 2016 until 30 June 2017.
8. Mr Logan is to pay the costs of the applicant including any reserved costs on County Court scale on a standard basis to be assessed by the Costs Court in default of agreement.