Council of the Law Society of the Act v Legal Practitioner ‘S'

The Tribunal heard an application from the Council of the Law Society of the Australian Capital Territory against a legal practitioner, referred to as ‘S’. The Council alleged that the practitioner’s conduct amounted to professional misconduct, specifically that he had failed to maintain a reasonable standard of competence and diligence. This included not informing a client of increasing costs and not treating the client fairly and in good faith.

The central issues before the Tribunal were whether the practitioner's failure to communicate the escalating costs to his client constituted professional misconduct and whether a letter from the client, enclosing a cheque, could be considered a ‘final offer’. The Tribunal also had to determine if the practitioner's conduct fell below the expected standard of competence and good faith.

In its decision, the Tribunal found that the practitioner's conduct did indeed involve a substantial failure to maintain the required standard of competence and diligence. The Tribunal noted that the practitioner had not kept the client adequately informed about the financial implications of the case, which was a breach of professional duties. The Tribunal concluded that this constituted professional misconduct. It was further determined that the letter from the client was not a ‘final offer’ but rather an attempt to settle the matter. The Tribunal also found that the practitioner had not acted in the client’s best interests or in good faith.

The Tribunal ordered that the application be listed for further submissions from the parties regarding the penalty, a possible compensation order, and costs. The date for this hearing would be advised at a later time.