COUNCIL OF THE LAW SOCIETY OF THE ACT v LEGAL PRACTITIONER G (Geraldine Blanch) (Occupational Discipline)

In the case of Council of the Law Society of the ACT v Legal Practitioner G, the respondent, a legal practitioner, was found guilty of unsatisfactory professional conduct by the Tribunal. The Council of the Law Society had lodged an application for disciplinary action against the practitioner, alleging that she had failed to act diligently and competently in handling a court action for a client, and had not responded to the Council’s formal directions to provide a response to a complaint. The Tribunal found that while the evidence did not establish that the practitioner’s handling of the court action breached the relevant rules, her failure to respond to the Council’s directions did contravene the rules. The Tribunal found that the practitioner was guilty of unsatisfactory professional conduct and ordered that she be publicly reprimanded, pay a fine of $2,000 and pay the Council’s costs of $8,210. The Tribunal did not consider it appropriate to make an order in relation to the practitioner’s practising certificate as she had not renewed it and would have to meet the relevant requirements if she applied for a certificate in the future. The Tribunal considered the factors relevant to determining an appropriate penalty, including the nature of the conduct, the likelihood of a future reoccurrence and any previous adverse findings, and determined that a fine and a reprimand would have a general deterrent effect.