LEGAL PROFESSION COMPLAINTS COMMITTEE and LOVE

Case

[2011] WASAT 13


Details
AGLC Case Decision Date
LEGAL PROFESSION COMPLAINTS COMMITTEE and LOVE [2011] WASAT 13 [2011] WASAT 13

CaseChat Overview and Summary

The State Administrative Tribunal was asked to review proposed consent orders arising out of a mediation between the Legal Profession Complaints Committee (LPCC) and a legal practitioner, Mr Dean Richard Love. The LPCC had alleged that Mr Love engaged in unsatisfactory professional conduct in a number of ways. The Tribunal found the allegations proved and considered the proposed penalty inadequate. After hearing from the parties, the Tribunal suggested a penalty which it considered to be appropriate. Mr Love agreed to the suggested penalty and final orders were made by consent. The Tribunal found that the proposed consent orders were not appropriate for the conduct complained of. The Tribunal was concerned that Mr Love placed his own interests ahead of his client's interests and that his correspondence with Legal Aid was designed to damage the client's interests. The Tribunal found the proposed penalty of $4,000 to be inadequate. The Tribunal suggested a fine of $7,000, together with an obligation to refund the client's fees of $1,000 and pay the LPCC's costs in the sum of $2,000. Mr Love agreed to the suggested penalty and final orders were made by consent.
Details

Areas of Law

  • Professional Regulation

  • Administrative Law

Legal Concepts

  • Unsatisfactory Professional Conduct

  • Breach of Duty

  • Conflict of Interest

  • Compensatory Damages

  • Costs

Actions
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Cases Cited

9

Statutory Material Cited

0

Ward v Williams [1955] HCA 4