Legal Services Commissioner v Given

In this case, the Legal Services Commissioner brought proceedings against Given, a legal practitioner, in relation to the preparation and execution of an enduring power of attorney and two wills. The Commissioner alleged that Given had failed to maintain reasonable standards of competence and diligence in his dealings with the client, who had suffered a stroke and exhibited speech difficulties. The court was required to determine whether Given's conduct amounted to unsatisfactory professional conduct or misconduct under the legal profession's governing legislation.

The central issue before the court was whether Given's actions, or inactions, in handling the client's affairs constituted a failure to maintain the requisite standards of competence and diligence. Specifically, the court considered whether Given should have been aware that the client may not have had the capacity to execute the enduring power of attorney and the wills, and if he had an obligation to seek medical opinion or information to verify the client's capacity. The court also examined whether Given had taken adequate steps to ensure that the client understood the nature and effect of the legal documents in question.

In reaching its decision, the court found that Given had indeed fallen short of the required professional standards. The court highlighted several instances of inadequate conduct, including the failure to take adequate notes during the interview with the client, meeting with the client in the presence of a relative, and neglecting to seek any medical opinion or information regarding the client's capacity. The court concluded that these actions amounted to unsatisfactory professional conduct and misconduct, as they demonstrated a lack of reasonable competence and diligence on Given's part. Consequently, the court found Given guilty of the charges brought by the Legal Services Commissioner.

The court ordered that Given be publicly reprimanded, be required to attend a continuing professional development course on client care and capacity, and pay costs associated with the proceedings. This outcome underscores the importance of legal practitioners adhering to the highest standards of professional conduct and diligence, particularly in cases involving clients with diminished capacity.