The misconduct arose after Ms Jamieson misled her employer (the firm) concerning her need for bereavement leave. After taking time off, the firm asked for more details about her absence. At this point, Ms Jamieson falsified an obituary for her late sister-in-law who had died, but approximately two years prior and provided this to the firm. The firm uncovered the obituary was false and confronted Ms Jamieson about her dishonesty. Ms Jamieson admitted her fault and resigned.

The Tribunal found Ms Jamieson’s misconduct fell below the required standard of a lawyer noting integrity is a precious commodity and that lawyers must be able to be trusted to uphold the high standards of the profession. In terms of seriousness, the Tribunal held the conduct was at the lower end of the misconduct spectrum because it took place over a short time frame and the lie was immediately acknowledged when challenged.

In terms of penalty, the Tribunal considered the fact that Ms Jamieson self-reported to the Law Society, her insight and remorse and cooperation with the disciplinary process as well as her clean disciplinary history were mitigating features. In addition, Ms Jamieson took steps to understand her conduct by seeking professional help. The Tribunal found these steps were reassuring that Ms Jamieson would not repeat her actions and noted that no client was harmed by her dishonest conduct. 

The Tribunal held the misconduct deserves denunciation in the form of a censure and that a financial penalty was not required to deter others from similar conduct. The Tribunal went on to note, “we consider that lawyers also need the message that if they engage openly and positively with the various forms of the disciplinary process, that this will be regarded by the Tribunal as demonstrating insight and reliability and is therefore mitigatory.” Accordingly, the Tribunal censured Ms Jamieson and ordered her to contribute to costs.