Legal Services Commissioner v Jensen

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CITATION: Legal Services Commissioner v Jensen [2017] QCAT 148
PARTIES: Legal Services Commissioner
(Applicant)
v
Craig Graham Selwyn Lee Jensen
(Respondent)
APPLICATION NUMBER: OCR069-14
MATTER TYPE: Occupational Regulation matters
HEARING DATE: 21 August and 6 October 2015
HEARD AT: Brisbane
DECISION OF: Justice DG Thomas, President
Assisted by:
Mr Ken Horsley, Legal panel member
Ms Patrice McKay, Lay panel member
DELIVERED ON: 22 May 2017
DELIVERED AT: Brisbane
ORDERS MADE:

The Tribunal orders, that:

1.    The Respondent’s name is to be removed from the Roll of Solicitors.

The Tribunal directs, that:

1.    The Legal Services Commissioner must file in the Tribunal four (4) copies and give to Craig Graham Selwyn Lee Jensen one (1) copy of his submissions as to costs, by:

4:00pm on 2 June 2017.

2.    Craig Graham Selwyn Lee Jensen must file in the Tribunal four (4) copies and give to the Legal Services Commissioner one (1) copy of his submissions as to costs, by:

4:00pm on 9 June 2017.

3.    Unless either party requests an oral hearing by 9 June 2017, the issue of costs will be decided on the papers after 9 June 2017.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – OTHER MATTERS – where the respondent solicitor pursued defamation claim that had no prospects of success – whether respondent ought to have known or have been reasonably aware that his claim was baseless

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – THREATENING LETTERS – where the respondent solicitor sent a letter demanding damages for defamation from opposition client – where letter referred to Legal Services Commission for investigation– whether letters sent by respondent were discourteous and offensive – whether contravention of Australian Solicitors Conduct Rules 2012 – whether totality of conduct amounts to professional misconduct or unsatisfactory professional conduct

Australian Solicitors Conduct Rules 2012 rr 2, 4, 5, 32, 34
Legal Profession Act 2007 (Qld) ss 418, 419, 487, 649
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32

Attorney-General v Bax [1999] 2 Qd R 9
Adamson v Queensland Law Society Inc [1990] 1 Qd R 498
Briginshaw v Briginshaw (1938) 60 CLR 336
Clyne v New South Wales Bar Association (1960) 104 CLR 186
Council for Queensland Law Society Incorporated v Whitman [2003] QCA 438
Harvey v The Law Society of New South Wales (1975) 49 ALJR 362
Legal Services Commission v Bradshaw [2009] LPT 21
Legal Services Commissioner v Kincaid [2008] LPT 15
Legal Services Commissioner v Madden (No 2) [2008] QCA 301
Legal Services Commissioner v Thomas [2009] LPT 13
Mellifont v The Queensland Law Society Incorporated [1981] Qd R 17
Minister for Justice and Attorney-General v Brown [1993] QCA 216
New South Wales Bar Association v Evatt (1968) 117 CLR 177
New South Wales v Lepore; Samin v Queensland; Rich v Queensland (2003) 212 CLR 511
Police Service Board v Morris (1985) 156 CLR 397
Queensland Law Society…

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Details
Case
[2017] QCAT 148
Decision Date

CaseChat Overview and Summary

In the matter of Legal Services Commissioner v Jensen, the Legal Services Commissioner sought to have Craig Graham Selwyn Lee Jensen, a solicitor, removed from the Roll of Solicitors and to impose costs. The dispute centred around allegations of professional misconduct and unsatisfactory professional conduct by the respondent, including the pursuit of a baseless defamation claim and the sending of threatening letters to a client of the opposing party. The Legal Services Commissioner alleged that the respondent's actions were discourteous and offensive, and in contravention of the Australian Solicitors Conduct Rules 2012. The case was heard by a Tribunal, which was tasked with deciding whether the respondent's conduct amounted to professional misconduct or unsatisfactory professional conduct.

The Tribunal was required to determine whether the respondent ought to have known or have been reasonably aware that his defamation claim had no prospects of success. Additionally, the Tribunal needed to consider whether the letters sent by the respondent were discourteous and offensive, and whether they contravened the Australian Solicitors Conduct Rules 2012. The Tribunal was also required to decide whether the totality of the respondent's conduct amounted to professional misconduct or unsatisfactory professional conduct, warranting his removal from the Roll of Solicitors.

The Tribunal found that the respondent's actions did amount to professional misconduct and unsatisfactory professional conduct. The Tribunal determined that the respondent ought to have known or have been reasonably aware that his defamation claim had no prospects of success, and that his pursuit of the claim was therefore baseless. The Tribunal also found that the threatening letters sent by the respondent were discourteous and offensive, and in contravention of the Australian Solicitors Conduct Rules 2012. The totality of the respondent's conduct was found to amount to professional misconduct and unsatisfactory professional conduct, warranting his removal from the Roll of Solicitors.

The Tribunal ordered that the respondent's name be removed from the Roll of Solicitors. The Tribunal also directed that the Legal Services Commissioner and the respondent file submissions as to costs by specified dates, and that unless either party requested an oral hearing by a specified date, the issue of costs would be decided on the papers after that date.

Orders

Orders of the court

The Tribunal orders, that:

1. The Respondent’s name is to be removed from the Roll of Solicitors.

The Tribunal directs, that:

1. The Legal Services Commissioner must file in the Tribunal four (4) copies and give to Craig Graham Selwyn Lee Jensen one (1) copy of his submissions as to costs, by:

4:00pm on 2 June 2017.

2. Craig Graham Selwyn Lee Jensen must file in the Tribunal four (4) copies and give to the Legal Services Commissioner one (1) copy of his submissions as to costs, by:

4:00pm on 9 June 2017.

3. Unless either party requests an oral hearing by 9 June 2017, the issue of costs will be decided on the papers after 9 June 2017.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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