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.
Details

Areas of Law

  • Ethics & Legal Profession

Legal Concepts

  • Professional Misconduct

  • Misrepresentation

  • Refund Obligation

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Cases Citing This Decision

16

Cases Cited

25

Statutory Material Cited

1

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34