The incident occurred during a meeting with the client, Mr B. Mr Keam, with the assistance of a junior lawyer, had been acting for Mr B in criminal proceedings from June 2024 up until early March 2025, when Mr B indicated he wished to obtain new counsel. Mr Keam sought leave to withdraw, but the Court declined so Mr Keam’s junior invited Mr B to a meeting at the firm ahead of the scheduled one-week jury trial. Mr B did not confirm he would attend, or whether he had instructed new counsel but arrived at Mr Keam’s firm on a Friday afternoon, before the trial was to commence the following Monday. During the meeting, Mr Keam commenced a moralising lecture, in the course of which he berated Mr B and called him offensive names.

In terms of liability, Mr Keam accepted that his conduct was unacceptable and amounted to a reckless breach of his professional duty of courtesy toward his client. Mr Keam explained in evidence that he became frustrated with Mr B because of his unexpected arrival at the firm expecting counsel to prepare over the weekend for a one-week jury trial, having earlier indicated he was seeking to dismiss Mr Keam. The Tribunal noted Mr Keam’s conduct was contrary to his professional obligation to at all times treat clients with respect and courtesy and was therefore misconduct.

In assessing penalty, the Tribunal accepted Mr Keam’s conduct was an isolated incident and regarded his written apology to Mr B, after the incident, was fulsome and genuine. Mr Keam accepted that censure was warranted and that he ought to contribute to the Standards Committee’s costs. Mr Keam also indicated he was prepared to pay an order of compensation in the sum of $5,000 for the emotional harm occasioned to his client by his conduct. The Tribunal noted that no client deserves to be treated so discourteously, and that “it was proper to reflect Mr Keam’s remorse in such an award”. The Tribunal censured Mr Keam and ordered him to pay Mr B $5,000 in emotional harm compensation. Mr Keam was also ordered to contribute $19,053.94 to the Committee’s costs and to pay the Tribunal’s costs of $2,372.