Initiating contact with a juror

A Standards Committee concluded that a lawyer initiated contact with a jury foreperson in breach of the Conduct and Client Care Rules when the lawyer spoke with a colleague of the foreperson at a local café. The Committee determined that was unsatisfactory conduct and censured the lawyer and ordered her…

Poor communication leads to a finding of unsatisfactory conduct

A lawyer who failed to respond to his client’s enquiries in a timely manner has been found to have engaged in unsatisfactory conduct and fined $1,000 by a standards committee.

Delay in handing over client files after termination of retainer

A Standards Committee fined a lawyer $1000 for undue delay in providing files to his former client’s new counsel, while the client was awaiting sentencing.  While the Committee acknowledged that Covid-19 restrictions were in place for most of the relevant time, it did not accept that adequately explained the three…

Importance of written instructions in criminal proceedings

A lawyer who failed to ensure that his client was aware of all the relevant implications of his decision regarding how to plead and was therefore not able to provide informed instructions, was found to have breached Rules 3, 13.3 and 13.13.1 and fined $500, and $500 in costs.

False claim for wage subsidy

A Standards Committee has determined that a lawyer’s conduct was unsatisfactory for claiming the COVID-19 wage subsidy for an unpaid volunteer at his firm. The Committee stated that the provision of a false statutory declaration, certificate or an affidavit by a lawyer is a serious matter. The lawyer was fined $10,000,…

Lawyer disciplined for unprofessional language

A lawyer has been fined for calling a man “a thief and a crook” during a telephone conversation in which he was endeavouring to recover money owed to his client. The Standards Committee found that his behaviour was inconsistent with his obligations under Rule 12, and constituted unsatisfactory conduct. He…

Duty of candour when making a Section 30 application

A Standards Committee has determined that the conduct of two directors of a firm who failed to disclose a disciplinary matter in their applications to practise on their own account, was unsatisfactory. Each director was ordered to pay $250 in costs.

Non-compliance with a Standards Committee order

A complaint was made against a lawyer who, as executor of an estate, failed to transfer shares to three beneficiaries in accordance with the terms of the will. The complainant made a further complaint as the lawyer failed to comply with the order. The lawyer did not initially engage with the…

Lawyer appointed as attorney witnessed signature of EPOA document

A lawyer who witnessed the signing of an enduring power of attorney (EPOA), despite the fact that the EPOA appointed him as joint attorney, has been disciplined by a Standards Committee, and ordered to pay a fine of $7,500.

Acting against a former client

A couple (Mr and Mrs Z) used the services of a law firm for personal, business and trust related matters over a period of 20 years. When the couple separated the firm accepted instructions from Mr Z to act in a relationship property dispute with Mrs Z. However, the firm…