Legal Services Commissioner v Jackson

The Legal Services Tribunal of Queensland was presented with a case brought by the Legal Services Commissioner against Amanda Lee Jackson, a solicitor, concerning allegations of professional misconduct and unsatisfactory professional conduct. The Commissioner alleged that Ms Jackson had overcharged her clients, made trust account disbursements without authority, failed to maintain reasonable standards of competence and diligence in relation to a client file, and failed to respond to a notice issued under section 443(3) of the Legal Profession Act 2007 (Qld). The Tribunal had to determine whether Ms Jackson's conduct amounted to unsatisfactory professional conduct or professional misconduct under the Legal Profession Uniform Law Application Act 2014 (Qld).

In examining the allegations, the Tribunal found that Ms Jackson's conduct in overcharging her clients amounted to unsatisfactory professional conduct. However, the Tribunal dismissed the other charges. Regarding the trust account disbursements, the Tribunal considered the retainer agreement and other authorities provided by Ms Jackson and concluded that the authorities did not explicitly authorise the disbursements made. However, the Tribunal did not find it necessary to determine whether the authorities were operative at the time of the disbursements since the conduct did not amount to professional misconduct or unsatisfactory professional conduct. As for the claim of incompetence in maintaining a lien over the client file, the Tribunal was satisfied with the communication between Ms Jackson and the client's new law firm and the offer to release the files. Finally, the Tribunal held that the Commissioner could not compel Ms Jackson to create a document in response to the notice, and therefore, the conduct did not amount to professional misconduct or unsatisfactory professional conduct.

The Tribunal concluded that Ms Jackson's conduct amounted to unsatisfactory professional conduct in relation to Charge 1. Charges 2, 3, and 4 were dismissed. The Legal Services Commissioner and Ms Jackson were directed to file and exchange submissions on sanction and costs by specified dates. Unless either party requested an oral hearing before 8 August 2017, the matter would be determined on the papers after that date.