Legal Services Commissioner v Quinn

In the case of Legal Services Commissioner v Quinn, the Legal Services Commissioner sought to have Michael Morrison Quinn's name removed from the roll of legal practitioners. The Commissioner alleged that Quinn had signed or authorised cheques that improperly transferred over $826,000 from his legal practice trust account to the general account between January and May 2011. Quinn did not contest the charge but sought to offer an undertaking to never again apply for a practising certificate or seek employment in any capacity in a legal office or practice as a solicitor. The Commissioner argued that Quinn's name should be removed from the roll, while Quinn argued that his undertaking should be accepted. The Queensland Civil and Administrative Tribunal had to decide whether Quinn's conduct amounted to unsatisfactory professional conduct or professional misconduct, and whether the acceptance of Quinn's undertaking constituted an appropriate sanction.

The Tribunal found that Quinn's conduct fell within the more serious category of professional misconduct. The Tribunal was reinforced in this conclusion by the fact that Quinn had been found guilty of similar professional misconduct by the Solicitors Complaints Tribunal in 2001. The Tribunal found that the appropriate penalty was to be determined with regard to the need to protect the public. In light of the factors mentioned above, the Tribunal took the view that a sanction involving acceptance of Quinn's undertaking did not sufficiently reflect the seriousness of the offending. The Tribunal ordered that Quinn's name be removed from the roll and that he pay the Commissioner's costs of $2,000.00 within 90 days of the date of the order.

The Tribunal's decision was based on the fact that Quinn had breached regulation 58(3)(a)(iii) of the Legal Profession Regulation 2007, which states that a law practice may only withdraw trust money if it is, at the time of withdrawal, owed to the practice by way of reimbursement of money already paid by the practice on behalf of the client. The Tribunal found that Quinn's conduct involved a substantial failure to maintain reasonable standards of competence and diligence, that he was not a fit and proper person to practice as a legal practitioner, and that his conduct must be categorised as professional misconduct. The Tribunal also found that the acceptance of Quinn's undertaking would not sufficiently reflect the seriousness of the offending and that the public would not be adequately protected by such an order. Therefore, the Tribunal ordered that Quinn's name be removed from the roll and that he pay the Commissioner's costs.

The Tribunal's decision highlights the importance of the proper maintenance of trust accounts by lawyers, which involves funds held in trust for clients. The Tribunal found that Quinn's conduct involved a large amount of trust monies and a number of discrete payments, and that in light of earlier similar misconduct that had attracted a serious sanction, his conduct must be categorised as professional misconduct. The Tribunal also found that the acceptance of Quinn's undertaking would not sufficiently reflect the seriousness of the offending and that the public would not be adequately protected by such an order. Therefore, the Tribunal ordered that Quinn's name be removed from the roll and that he pay the Commissioner's costs.