La Fontaine v Law Society

The matter in La Fontaine v Law Society came before the Legal Profession Tribunal of Queensland, where the applicant, Ms La Fontaine, sought approval to employ a person with a criminal history in her law practice. The respondent, the Law Society, opposed the application on the grounds that the individual’s criminal history was incompatible with the ethical standards expected of legal practitioners. The Tribunal was tasked with determining whether the applicant could lawfully employ the individual in question, considering the relevant statutory provisions and ethical guidelines.

The central legal issues before the Tribunal were whether the applicant’s proposed employee posed an unacceptable risk to the public, and if so, whether this risk could be mitigated by imposing certain conditions on the employment. The Tribunal needed to balance the applicant's right to manage her practice with the overarching duty to protect the public from harm. This involved scrutinising the nature and recency of the criminal offences, as well as the likelihood of reoffending, against the applicant's proposed measures to prevent misconduct.

The Tribunal found that while the individual’s criminal history was significant, it did not necessarily preclude employment in a legal practice. The Tribunal held that the risk to the public could be sufficiently mitigated through stringent conditions, including supervision, restricted duties, and ongoing monitoring. The Tribunal was satisfied that the proposed conditions were practical and enforceable, ensuring that the public would not be exposed to undue risk. Consequently, the Tribunal ruled that the applicant could employ the individual, subject to the specified conditions.

The Tribunal ordered that the second applicant may be employed in the practice of the first applicant, pursuant to section 17(3)(c) of the relevant legislation, subject to the conditions set out in paragraph 34 of the decision. These conditions were designed to ensure the safety and integrity of the legal profession while allowing the applicant to benefit from the skills and experience of the individual in question.