Scroope v Legal Services Commissioner

In *Scroope v Legal Services Commissioner*, the Court of Appeal of New South Wales considered an appeal by the Legal Services Commissioner against a decision of the Legal Profession Disciplinary Tribunal. The dispute concerned whether the conduct of a legal practitioner, Philip Scroope, in preparing a bill of costs that resulted in a client being charged grossly excessive amounts constituted either unsatisfactory professional conduct or professional misconduct under the *Legal Profession Act 2004* (NSW).

The primary legal issue before the Court of Appeal was to determine the appropriate characterisation of Mr Scroope's conduct. Specifically, the court had to decide whether the preparation of the narrative bill of costs, which led to the overcharging of the client, amounted to unsatisfactory professional conduct or professional misconduct as defined by sections 496 and 497 of the *Legal Profession Act 2004*.

The Court of Appeal reasoned that the practitioner's actions in preparing a bill that contained grossly excessive charges demonstrated a serious departure from the standard of conduct expected of a legal practitioner. The court found that such conduct fell within the definition of unsatisfactory professional conduct. Consequently, the appeal was allowed, the orders of the Tribunal were set aside, and it was ordered that Mr Scroope's conduct constituted unsatisfactory professional conduct. Mr Scroope was fined $2,000, and the respondent was ordered to pay the appellant's costs of the appeal.