LEGAL PROFESSION COMPLAINTS COMMITTEE and CARLOSE

The Legal Profession Complaints Committee (LPCC) brought proceedings against Carlose, an Australian legal practitioner, alleging unsatisfactory professional conduct. The LPCC contended that Carlose acted incompetently by advancing an untenable case and sending correspondence repudiating an agreement, despite it being reasonably arguable that the agreement remained enforceable and the correspondence was subject to 'without prejudice' privilege. Carlose, in turn, argued that his conduct did not amount to unsatisfactory professional conduct.

The court was tasked with determining whether Carlose's actions constituted unsatisfactory professional conduct, specifically whether he advanced an untenable or unarguable case, acted incompetently, and failed to confer with opposing counsel. The court also had to consider whether it was reasonably arguable that Carlose could maintain the enforceability of the agreement and whether his correspondence was protected by 'without prejudice' privilege. The court examined Carlose's conduct in the context of the legal standards and expectations of competence and professionalism.

The court found that Carlose's conduct did indeed amount to unsatisfactory professional conduct. It was established that Carlose had advanced an untenable position by repudiating the agreement when it was reasonably arguable that the agreement remained enforceable. Additionally, Carlose failed to confer with opposing counsel as directed by the trial judge, which further contributed to the unsatisfactory conduct. The court also concluded that Carlose's reliance on 'without prejudice' privilege was not reasonably arguable, as the correspondence did not fall within the scope of the privilege.

In light of these findings, the court ordered that Carlose be publicly reprimanded and required to attend a continuing professional development course. The orders were intended to address the unsatisfactory professional conduct and serve as a deterrent against similar conduct in the future.