Legal Services Commissioner v Graham

The case of Legal Services Commissioner v Graham [2013] QCAT 552 involved a dispute between the Legal Services Commissioner (Applicant) and Michael Anthony Graham (Respondent). The Commissioner charged Graham with professional misconduct and unsatisfactory professional conduct for his failure to deliver a cost statement within a reasonable time, breach of an undertaking, and failure to abide by an agreement with the solicitors who retained him. The case primarily focused on whether Graham's conduct, as a costs assessor, fell under the definition of 'in connection with the practice of law' as stated in the Legal Profession Act 2007 (Qld).

The court had to decide if Graham's conduct as a costs assessor should be categorised as professional misconduct or unsatisfactory professional conduct under the Legal Profession Act. Additionally, the court had to determine the appropriate sanctions and penalties for Graham's misconduct, if any, and whether costs should be awarded to either party.

The Queensland Civil and Administrative Tribunal (QCAT) found that Graham's conduct, as a costs assessor, was indeed 'in connection with the practice of law', and therefore fell within the jurisdiction of the Legal Profession Act. The Tribunal held that Graham's delay in delivering the cost statement and his failure to abide by the agreement with the solicitors constituted unsatisfactory professional conduct under s 418 of the Act. The Tribunal ordered a public reprimand, a pecuniary penalty of $1,500, and directed the parties to file and exchange written submissions on costs by 4:00 pm on 15 November 2013.