Legal Services Commissioner v Kirin

In the case of Legal Services Commissioner v Kirin, the Legal Services Commissioner brought a disciplinary action against the respondent, Mr Kirin, who was a solicitor admitted to practice in Tasmania. The Commissioner alleged that Mr Kirin had engaged in unsatisfactory professional conduct by sending discourteous and offensive correspondence to an opposing solicitor in a matter concerning domestic and family violence under the Domestic and Family Violence Protection Act 2012 (Qld). The Tribunal was tasked with determining whether Mr Kirin's conduct amounted to professional misconduct or unsatisfactory professional conduct, and if so, to decide on an appropriate sanction.

The Tribunal found that Mr Kirin's correspondence was indeed discourteous, offensive and thoughtless, and that his conduct went beyond legitimate advocacy. The Tribunal noted that Mr Kirin had no prior experience in domestic and family violence matters, which may have contributed to his insight into the inappropriateness of his comments. Given these factors, the Tribunal concluded that Mr Kirin's conduct amounted to unsatisfactory professional conduct, rather than professional misconduct. The Tribunal also considered the appropriate sanction, taking into account the need for personal and general deterrence, as well as various mitigating factors such as Mr Kirin's cooperation in the proceedings, his insight and remorse, and his steps towards self-improvement.

The Tribunal ultimately decided that Mr Kirin's conduct warranted a public reprimand, a pecuniary penalty of $2000, and a requirement to undertake specialist domestic violence training approved by the Commissioner. Additionally, Mr Kirin was ordered to pay the Commissioner's costs of and incidental to the disciplinary application. The Tribunal took into account Mr Kirin's age, his unblemished career, his modest income, and his temporary cessation from practice when determining the penalty and other sanctions.