Legal Services Commissioner v Graham

In the matter of Legal Services Commissioner v Graham, the Legal Services Commissioner brought disciplinary charges against Michael Anthony Graham, a legal practitioner, for conduct arising out of his work as a costs assessor. The primary legal issue was whether the work of costs assessment by Mr. Graham was considered part of the practice of law, thereby subjecting him to disciplinary action under the Legal Profession Act 2007. Additionally, the court had to determine if the monies paid to Mr. Graham by solicitors constituted trust monies, which would require him to deposit them in a trust account. The Commissioner conceded that Mr. Graham's work did not constitute the practice of law and that the monies paid were not trust monies, leading to the withdrawal or dismissal of certain charges.

The court, Justice Alan Wilson, concluded that the concessions made by the Commissioner meant that charges four and five, related to the handling of trust monies, were misconceived and should be struck out. The court found that determining whether Mr. Graham's work as a costs assessor constituted "conduct in connection with the practice of law" was not suitable for a preliminary decision. This question, which could impact the broader definition of professional conduct under the Act, was more appropriately addressed by a fully constituted Tribunal. The court reserved the question of costs and scheduled a directions hearing to proceed with the remaining charges.