Legal Practitioners Conduct Board v Wharff

The Legal Practitioners Conduct Board applied to the Supreme Court of South Australia to strike the name of Mr Wharff from the Roll of Legal Practitioners. The dispute concerned allegations of professional misconduct arising from Mr Wharff's dealings with opposing parties without their solicitors' consent, his failure to pay fees to counsel and a local solicitor, his non-compliance with court orders to hand over client documents, his contravention of trust account inspector requirements under section 35(3) of the *Legal Practitioners Act 1981* (SA), and his failure to cooperate with the Board in seven investigations, including a breach of section 76(4b) of the Act.

The Court was required to determine whether Mr Wharff's conduct constituted professional misconduct or unsatisfactory professional conduct warranting disciplinary action, and if so, what order should be made regarding his admission to the Roll of Legal Practitioners. The Court also considered the implications of Mr Wharff not holding a practising certificate since 2005 and his non-opposition to the application.

The Court found that Mr Wharff's actions, including communicating directly with opposing parties without consent, failing to pay professional fees, disregarding court orders, breaching trust account requirements, and obstructing investigations, demonstrated a serious disregard for his professional obligations and the administration of justice. These failures, taken cumulatively, established a pattern of conduct that fell far short of the standards expected of a legal practitioner. The Court noted that Mr Wharff's lack of opposition and his long period without a practising certificate were relevant considerations.

The Court ordered that Mr Wharff's name be struck off the Roll of Legal Practitioners.