Legal Profession Conduct Commissioner v Romano

The Legal Profession Conduct Commissioner appealed to the Supreme Court of South Australia against a decision of the Disciplinary Tribunal. The appeal concerned allegations of unsatisfactory professional conduct against Ms Romano, a solicitor, relating to her handling of two legal aid matters. The Tribunal had adjourned its inquiry into the allegations, prompting the Commissioner's appeal.

The central legal issues before the Supreme Court were whether the Tribunal had erred in adjourning its inquiry and whether Ms Romano's conduct, as evidenced by her own admissions and the documentary evidence, amounted to unsatisfactory professional conduct. The Court also considered the jurisdictional basis for the Tribunal's decisions and the scope of a solicitor's duty when submitting claims for legal aid.

The Court reasoned that the Tribunal had erred in adjourning its inquiry, as Ms Romano's own evidence demonstrated a level of carelessness that constituted unsatisfactory conduct, and there was no need for further particulars from the Commissioner. The Court held that while solicitors may delegate routine administrative tasks, signing correspondence that reports on a client's medical condition and the progress of criminal proceedings, and which seeks an extension of a legal aid assignment, requires more than a cursory review. Furthermore, the Court found that a solicitor has a duty to ensure that any claim for payment, including legal aid certificates, accurately reflects work actually done and is fair and reasonable. Ms Romano's failure to apply her mind to the claims she certified and submitted meant that her conduct was unsatisfactory in relation to all particulars.

The Supreme Court allowed the appeal, made a finding of unsatisfactory conduct against Ms Romano in relation to all charged particulars, and remitted the matter to the Tribunal for the determination of penalty.