Legal Practitioners Conduct Board v Power

The Legal Practitioners Conduct Board brought disciplinary proceedings against a legal practitioner in the Supreme Court of South Australia. The practitioner was charged with unprofessional conduct due to convictions for offences of an infamous nature, specifically the indecent filming of a minor on multiple occasions and possession of child pornography. The practitioner conceded his conduct was unprofessional but argued against a strike-off order, proposing instead a period of suspension.

The central legal issue before the Court was whether the practitioner's unprofessional conduct, arising from his criminal convictions, was of such a character as to warrant the removal of his name from the Roll of Practitioners. The Court was required to consider the public interest, the protection of the public, and the administration of justice, rather than solely the punishment of the practitioner.

The Court reasoned that while the practitioner's criminal conduct did not directly relate to his legal competence, it revealed significant character defects that impacted his fitness to remain a member of the legal profession. The Court applied principles established in cases concerning criminal convictions and professional misconduct, noting that such conduct can damage the essential relationships of trust and confidence within the profession and erode public confidence in the legal system. The Court emphasised that the legal profession holds a position of significant trust, and allowing a practitioner with such serious and recent convictions to remain a member would diminish the standing and reputation of the profession in the eyes of the public.

The Court ordered that the practitioner's name be removed from the Roll of Practitioners, finding that his unprofessional conduct warranted this severe disciplinary action to protect the public and uphold the integrity of the legal profession.