Legal Profession Conduct Commissioner v Freer

The Legal Profession Conduct Commissioner brought proceedings against Mr Freer, a legal practitioner, before the Supreme Court of South Australia. The Commissioner sought to have Mr Freer found guilty of professional misconduct and to have his name struck from the roll of legal practitioners. The dispute arose from Mr Freer's criminal convictions for fabricating evidence and aggravated theft, as well as his admission to witnessing signatures on loan documents without meeting the declarants, which facilitated a fraudulent transaction.

The Court was required to determine whether Mr Freer's conduct constituted professional misconduct and, consequently, whether he was a fit and proper person to remain on the roll of legal practitioners. This involved considering the implications of his criminal convictions and the admitted falsification of documents on his professional standing and the public's confidence in the legal profession.

The Court reasoned that Mr Freer's actions, including fabricating evidence and misappropriating client funds, represented extraordinary breaches of trust and a gross departure from the expected standards of legal practitioners. The Court noted that such conduct strikes at the heart of public confidence in the legal profession and the administration of justice. Applying the principles of professional discipline, the Court concluded that the maintenance of public confidence necessitated the removal of Mr Freer from the roll.

Accordingly, the Court ordered that Mr Freer's name be struck from the roll of legal practitioners and ordered him to pay the Commissioner's costs.