Two lawyers breach duties in family law matter - unsatisfactory conduct

A Standards Committee (Committee) determined that two lawyers, Ms X and Mr Y, engaged in unsatisfactory conduct while representing a client, Ms A, in a family law matter. The Committee found that Mr Y failed to: act competently, provide a letter of engagement, disclose all relevant materials to Ms A,…

Lawyer fined and ordered to make practice available for inspection after failing to keep client funds in trust account

A Standards Committee (Committee) determined that a lawyer, Mr T, engaged in unsatisfactory conduct after he failed to comply with the obligation to hold client money paid without an invoice in a trust account. The Committee held that Mr T was in breach of s 110 of the Lawyers and…

Lawyer fined $2,500 for breaching duty of confidentiality

A Standards Committee (Committee) determined that a lawyer, Mr B, engaged in unsatisfactory conduct after he disclosed details of a previous retainer to the media in breach of rule 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC). Mr B was ordered to pay…

Lawyer fined $1,000 after acting in a situation where there was a conflict of interest

A Standards Committee (Committee) determined that a lawyer, Ms P, engaged in unsatisfactory conduct after she represented a client, Mr N, while in a domestic relationship with him. The Committee considered that this was a breach of her duty to be free from compromising influences, to exercise independent judgement, to…

Lawyer’s cumulative behaviour towards member of staff amounts to bullying and unsatisfactory conduct

A Standards Committee (Committee) determined that a lawyer, Ms A, breached rules 10, 10.1 and 10.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) after three interactions with a member of her staff, Ms B, amounted to bullying and unsatisfactory conduct. The Committee considered…

Failure to take reasonable care in conveyancing transaction is unsatisfactory conduct

A Standards Committee (Committee) determined that a lawyer, Mr A, engaged in unsatisfactory conduct after breaching rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) when acting for his clients in an ‘off the plans’ conveyancing transaction.  The Committee wished to formally mark…

Lawyer censured, ordered to apologise and pay fine after breaching obligations in business dispute

A Standards Committee (Committee) determined that a lawyer, Ms D, engaged in unsatisfactory conduct while representing a client in a business dispute after breaching her obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC). Ms D was censured, directed to apologise and ordered to…

Complaints following letter sent to healthcare providers

A Standards Committee found that a letter sent by a lawyer on his law firm’s letterhead to healthcare providers on behalf of a client, had used a legal process for an improper purpose in breach of rule 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules…

Retiring lawyer’s failure to close trust account and obtain proper and informed client consent - high-end unsatisfactory conduct

A Standards Committee (Committee) determined that a retired lawyer’s failure to meet her obligations under the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the TAR) and the Lawyers and Conveyancers Act (Client Care and Conduct) Rules 2008 (the RCCC) amounted to high-end unsatisfactory conduct under the Lawyers and Conveyancers…

Non-lawyer employees engaged in unsatisfactory conduct after using racial slur in emails

A Standards Committee (Committee) determined that two non-lawyer employees, Ms C and Ms D, engaged in unsatisfactory conduct after exchanging emails containing racial slurs about their colleague, in breach of rules 10 and 10.3(d) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC). The Committee…