Legal Services Commissioner v Shand

The matter before the tribunal was a disciplinary proceeding against Harold Warner Shand, a legal practitioner, charged with professional misconduct. The Legal Services Commissioner, the Applicant, alleged that Shand engaged in professional misconduct by being charged and convicted of a criminal offence of corruptly giving valuable consideration to influence an agent. Shand served his sentence for the criminal offence and gave an undertaking to the Legal Services Commissioner not to practise law again. The Respondent made full admissions and did not dispute the finding of professional misconduct.

The tribunal was required to determine whether Shand was guilty of professional misconduct and whether he was a fit and proper person to continue to practise law. Additionally, the tribunal had to decide whether Shand's name should be removed from the local roll of practitioners and whether he should be prohibited from applying for a practising certificate. The tribunal was also required to determine whether the Respondent's application for a non-publication order should be granted. The tribunal held that Shand's criminal conviction and his admission of professional misconduct demonstrated that he was not a fit and proper person to continue to practise law. The tribunal found that Shand was guilty of professional misconduct and that his name should be removed from the local roll of practitioners.

The tribunal ordered that Shand's name be removed from the local roll of practitioners and that a local practising certificate not be granted to him before the expiry of five years from the date of the order. The tribunal also ordered that Shand pay the Applicant's costs fixed in the sum of $2500.00 on or before 30 June 2017. The tribunal refused Shand's application for a non-publication order, stating that the grounds for the order were not sufficient to warrant its grant. Shand's application for costs was also dismissed, and he was ordered to pay the Applicant's costs.