Council of the Law Society v The Legal Practitioner

The Council of the Law Society brought proceedings against a legal practitioner in relation to a number of alleged breaches of the Legal Profession (Solicitors) Rules 2007 (ACT). The Tribunal was asked to determine whether the practitioner had engaged in unsatisfactory professional conduct and professional misconduct. The Tribunal heard evidence from a number of witnesses and considered a range of documentary evidence. The Tribunal found that the practitioner had breached the rules in relation to failing to treat a client fairly and in good faith, acting honestly, fairly and with competence and diligence, and being open and frank in dealings with the Law Society. The Tribunal also found that the practitioner had engaged in unsatisfactory professional conduct in relation to false representations made to the Law Society and professional misconduct in relation to attempts to intimidate a witness. The Tribunal concluded that the practitioner's conduct warranted serious disciplinary action and ordered that the applications be stood over for further hearing concerning any orders to be made pursuant to s 425 of the Legal Profession Act 2006 (ACT). The Tribunal also noted that certain identifying material from these applications is restricted from publication under s 423A of the Legal Profession Act 2006 (ACT).