A Brisbane firm Director is facing a public reprimand after failing to fulfil the basic tasks of a lawyer.
In the Queensland Civil and Administrative Tribunal on Wednesday, the Principal, who has practised for more than 12 years, faced two charges of unsatisfactory professional conduct laid by the Legal Services Commission (LSC) in relation to a family law matter in 2018.
The practitioner admitted to failing to take a file note in a significant initial meeting, a failure which was discovered when a dispute arose between the parties and the content of the meeting was queried.
At that same meeting, he also witnessed documents for a mortgage in which he or his firm had a financial interest, and failed to ensure the client received independent legal advice as to the substance and effect of the mortgage.
The second charge related to the practitioner’s failure to ensure his client made full and frank disclosure to the court of financial matters in the family law matter, in relation to the existence of the mortgage.
The LSC submitted the lawyer’s conduct “fell sufficiently short of the standards applicable to competent and diligent lawyers”.
“The simple submission is competent and diligent practitioners say things that are accurate in all material respects to the court, and what they say to the court is not misleading,” the LSC’s counsel said.
“Here, (the practitioner) failed to appreciate the significance of (this) .. and in doing so, he’s carelessly misled the court.”
Both parties agreed a public reprimand would be an appropriate sanction.
Justice Williams reserved her decision.
The Queensland Law Society Ethics and Practice Centre provides legal ethics and practice support guidance and education to members.
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