LEGAL PROFESSION COMPLAINTS COMMITTEE and LAWSON
Case
•
[2021] WASAT 152
•30 NOVEMBER 2021
Details
AGLC
Case
Decision Date
LEGAL PROFESSION COMPLAINTS COMMITTEE and LAWSON [2021] WASAT 152
[2021] WASAT 152
30 NOVEMBER 2021
CaseChat Overview and Summary
The Legal Profession Complaints Committee filed a complaint against Lawson, a legal practitioner, alleging that he engaged in professional misconduct in relation to work performed for a client. The Legal Profession Complaints Committee, Legal Practice Board and Supreme Court of Western Australia alleged that Lawson knowingly or recklessly made false and/or misleading representations regarding the work he performed. Additionally, the Complaints Committee alleged that Lawson knowingly or recklessly made false and/or misleading representations regarding the reason for the termination of a solicitor who had provided statements and information to the Complaints Committee during an investigation into Lawson's conduct. Finally, the Complaints Committee alleged that Lawson engaged in professional misconduct by failing to refund the difference between the original invoice and the bill of costs to the client.
The court had to determine whether Lawson knowingly or recklessly made false and/or misleading representations regarding the work he performed, the reason for the termination of the solicitor, and whether he failed to refund the difference between the original invoice and the bill of costs. The court also needed to determine whether these actions constituted professional misconduct.
The court found that Lawson had indeed made false and/or misleading representations to the Complaints Committee, Legal Practice Board and Supreme Court of Western Australia, as well as to the Complaints Committee and Legal Practice Board regarding the reason for the termination of the solicitor. The court also found that Lawson failed to refund the difference between the original invoice and the bill of costs. The court held that these actions constituted professional misconduct. The court found Lawson guilty of professional misconduct and imposed a penalty.
The court ordered that Lawson be publicly reprimanded and that he pay costs of the complaint in the sum of $5,000. The court also ordered that Lawson be required to complete a continuing professional development course on professional conduct and ethics.
The court had to determine whether Lawson knowingly or recklessly made false and/or misleading representations regarding the work he performed, the reason for the termination of the solicitor, and whether he failed to refund the difference between the original invoice and the bill of costs. The court also needed to determine whether these actions constituted professional misconduct.
The court found that Lawson had indeed made false and/or misleading representations to the Complaints Committee, Legal Practice Board and Supreme Court of Western Australia, as well as to the Complaints Committee and Legal Practice Board regarding the reason for the termination of the solicitor. The court also found that Lawson failed to refund the difference between the original invoice and the bill of costs. The court held that these actions constituted professional misconduct. The court found Lawson guilty of professional misconduct and imposed a penalty.
The court ordered that Lawson be publicly reprimanded and that he pay costs of the complaint in the sum of $5,000. The court also ordered that Lawson be required to complete a continuing professional development course on professional conduct and ethics.
Details
Key Legal Topics
Areas of Law
-
Ethics & Legal Profession
Legal Concepts
-
Professional Misconduct
-
Misrepresentation
-
Refund Obligation
Actions
Download as PDF
Download as Word Document
Most Recent Citation
LEGAL PRACTICE BOARD and BARRY [2025] WASAT 34
Cases Citing This Decision
16
LEGAL SERVICES AND COMPLAINTS COMMITTEE and KELLY
[2024] WASAT 125 (S)
LEGAL PRACTICE BOARD and BARRY
[2025] WASAT 34
LEGAL SERVICES AND COMPLAINTS COMMITTEE and KELLY
[2024] WASAT 125
Cases Cited
25
Statutory Material Cited
1
Briginshaw v Briginshaw
[1938] HCA 34
Briginshaw v Briginshaw
[1938] HCA 34
Legal Practitioners Complaints Committee v Segler
[2009] WASAT 205