Council of the Law Society of the Australian Capital Territory v LP 201809 (Charles Filgate Giles)

In the matter of Council of the Law Society of the Australian Capital Territory v LP 201809, the Tribunal was asked to determine whether the respondent's conduct warranted a finding of unsatisfactory professional conduct and professional misconduct, and whether the respondent was a fit and proper person to practice as a legal practitioner. The Law Society of the Australian Capital Territory alleged that the respondent's conduct in relation to his trust account, specifically breaches of trust account practice and prior disciplinary history, was unsatisfactory professional conduct and professional misconduct, and that the respondent was not a fit and proper person to hold a practising certificate. The Tribunal needed to consider the nature of the respondent's conduct, the seriousness of the breaches, and the respondent's previous disciplinary history in determining whether the allegations were substantiated.

The Tribunal found that the respondent's conduct amounted to unsatisfactory professional conduct and professional misconduct. The respondent had made multiple breaches of trust account practice, which demonstrated a lack of care and attention to his duties as a legal practitioner. Additionally, the respondent's prior disciplinary history was considered, which showed a pattern of similar breaches. The Tribunal found that the respondent's conduct was not isolated, and that he had failed to take appropriate steps to ensure compliance with trust account practice. The Tribunal also found that the respondent was not a fit and proper person to practice as a legal practitioner, given his repeated breaches of trust account practice and his failure to take appropriate steps to address these issues.

Following the findings of unsatisfactory professional conduct and professional misconduct, the Tribunal recommended that the respondent's name be removed from the local roll, and that his local practicing certificate be cancelled. The Tribunal also ordered that the respondent pay the costs of the proceeding as agreed or as assessed by the Registrar. The Tribunal's decision highlights the importance of trust account practice for legal practitioners, and the need for practitioners to take appropriate steps to ensure compliance with these requirements. The decision also demonstrates the consequences that can result from repeated breaches of trust account practice, including the potential loss of a practising certificate and the ability to practice as a legal practitioner.