On 27 January 2012, the Disciplinary Board considered allegations of improper conduct against a Chartered Member, Mr Brian Elgar Lettin, Membership Number 33186804 of Hadley Green, Barnet.
Allegations that Mr Lettin had communicated poorly with his clients, and that he was not competent to apply the Party Wall etc Act 1996, were dismissed.
Mr Lettin was found guilty of improper conduct in relation to the following allegations:
- failing to put his terms of engagement and fees in relation to the full range of activities he was to undertake;
- failing to properly apply the Party Wall etc Act 1996; failing to keep up to date with relevant British Standards, and
- failing to ensure an adequate knowledge of the Party Wall etc Act 1996.
The Disciplinary Board found Mr Lettin guilty of Improper Conduct in relation to these allegations against him in that he had breached By-law 35, By-Law 36 and Rules 1 and 5 of the Rules of Professional Conduct.
By-law 35 requires all members to order their conduct so as to uphold the dignity, standing and reputation of the Institution.
By-law 36(4) of By-law 36 as amended in 2007 lays down that “improper conduct” shall mean any conduct, other than that laid down in By-law 36(1) – (3), which shall indicate unfitness to be a member or shall otherwise be unbefitting to a member as such.
Under By-law 35, the Council is empowered to make Rules of Conduct to be observed by all members to ensure the fulfilment of the requirements of By-law 35.
Rule 1 of the Rules of Professional Conduct states: “All members shall discharge their professional duties with integrity”. Rule 5 states: “All members shall develop their professional knowledge, skills and competence on a continuing basis”.
Under the powers conferred on it by By-law 40, the Disciplinary Board ordered that Mr Lettin should be Severely Reprimanded and that he should pay a fine of £750.00, and that he should attend a formal training course on the Party Wall etc Act 1996 before undertaking any further work involving the Party Wall etc Act 1996.
The Disciplinary Board ordered that the fact and particulars of the Order against Mr Lettin, and the details of the improper conduct of which he had been found guilty, should be posted in the Institution and published. At the request of Mr Lettin, details of the allegations against him that were dismissed are also to be posted in the Institution and published.