A solicitor who appeared in court while intoxicated, and repeatedly breached a domestic violence order, is to be struck off the roll.
Neil Robert Lawler, who was director of now defunct Brisbane criminal law firm Lawler Magill Lawyers, faced two disciplinary applications by the Legal Services Commissioner (LSC), which were decided on 10 July.
In the Queensland Civil and Administrative Tribunal decision published on Friday, Judicial Member McMeekin KC recommended Mr Lawler’s name be removed from the roll after considering a total of nine charges made by the LSC.
The first application contained five charges, relating to conduct between January and March 2020: engaging in conduct that fell short of the standard of competence expected of a legal practitioner; bringing the profession into disrepute; making misleading statements to a court; failure to be open and frank with regulatory authorities; and failure to correct misleading or inaccurate statements made to the court.
In the January, Mr Lawler appeared for a client in Maroochydore Magistrates Court when he was grossly intoxicated.
“He was observed to be red and flushed, unsteady on his feet, and there was the smell of liquor in the courtroom,” Member McMeekin said.
“After the sentence concluded, the respondent returned to his vehicle and was intercepted by police. He was unsteady on his feet and slurring his words. His roadside breath test blood alcohol reading was 0.274 per cent, while his formal breath analysis was 0.27 per cent.”
In the March, Mr Lawler pleaded guilty to drink driving, and was convicted and sentenced to 12 months’ probation and 100 hours of community service.
At the sentence, representing himself, he misled the court by stating he had bought alcohol after leaving the courthouse and then drunk that alcohol; had returned to his vehicle to charge his phone and had no intention of driving his vehicle; and that he was intending to stay the night in Maroochydore.
He then failed to be open and frank about his conduct when investigated by Queensland Law Society and the LSC, and took no steps to correct the misleading statements he made to the court.
The second application related to conduct between October 2020 and June 2021. It contained four charges of bringing the profession into disrepute and one of failing to give notice of a conviction.
In that period, Mr Lawyer breached a domestic violence order six times, each of which resulted in a conviction. He failed to notify QLS of the first conviction, which occurred before the Society cancelled his unrestricted practising certificate in November 2020.
“It hardly needs to be said that for a legal practitioner to attend court intending to represent a client when grossly intoxicated justifies a finding that the practitioner is not a fit and proper person to engage in legal practice,” Member McMeekin said.
“However, the respondent’s conduct went further, following the court appearance he operated a vehicle, which resulted in a criminal conviction because of his intoxication level, and then mislead the court as to his movements surrounding the conviction in what is a blatant attempt to minimise the seriousness of his conduct.
“The respondent’s conduct violated the standard of professional conduct observed or approved by members of the profession of good repute and competency.”
Member McMeekin said Mr Lawler’s repeated offending against the Domestic and Family Violence Protection Act 2012 (Qld) “can only be described as disgraceful and involved a substantial departure from the standard expected of members of an honourable profession”.
“The seriousness of these convictions is evidenced by the maximum penalty imposed for breaching domestic violence orders of five years’ imprisonment,” he said.
“These offences did not involve actual physical violence but did cause the aggrieved justifiable distress.
“As the Magistrate commented, the respondent came very close to a term of actual imprisonment. Such repeated offending demonstrates a lack of respect for the law.
“Plainly the conduct should be characterised as professional misconduct.”
Mr Lawler submitted that his failure to inform QLS of his first conviction should be characterised as unsatisfactory professional conduct.
Member McMeekin said Mr Lawler well knew of his reporting obligations as he had reported his drink-driving conviction months earlier.
“His failure to report his conviction seriously impairs the Society’s duty to properly regulate the profession and so undermines the public policy that underlines these requirements of protecting the public and the public trust in the profession,” he said.
“His failure is best described as falling short of the standard of competence and diligence a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.”
Mitigating factors included Mr Lawler’s remorse and shame for his conduct; his admission of all charges; his 20 years as a lawyer without a prior offence; his co-operation with the LSC; the loss of his career, firm and reputation; and the public shaming and humiliation.
Member McMeekin said the conduct the subject of the two applications justified a strike-off.
He said it was evident that the conduct was “very much explained” by alcoholism, and that there was no reason to think Mr Lawler was likely to become a person who was fit be a legal practitioner.
Mr Lawler was also ordered to pay costs.
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