A former principal of a Brisbane firm has been publicly reprimanded and fined $2500 for breaching an undertaking he gave to the Legal Services Commissioner.
Mitchell Cavanagh gave the undertaking to the LSC on 27 October 2022, when he had just ended almost four years as principal of Cavanagh Gillies Lawyers and had become a solicitor at Legal Aid Queensland.
The undertaking was a key factor in the LSC’s decision to dismiss a complaint made against him a year earlier related to his representation of a client in domestic violence proceedings.
It required Mr Cavanagh to complete the Queensland Law Society’s Ethics Referral Course and the Safe and Equal Family Violence Foundation online course within 12 months. He was required to provide the LSC with evidence of this within seven days of their completion.
He failed to complete the conditions by the deadline of 27 October 2023.
On 20 December 2023 he provided evidence to the LSC that he had completed the Safe and Equal Family Violence Foundation online course, and on 18 March 2024, that he had completed the QLS Ethics Referral course.
The LSC and Mr Cavanagh agreed on the characterisation of the conduct, the appropriate sanction and costs, and that the matter be dealt with on the papers. The practitioner did not file any submissions.
Mr Cavanagh admitted the charges and acknowledged that non-compliance with an undertaking involved a substantial failure to keep a reasonable standard of competence and diligence.
In her Queensland Civil and Administrative Tribunal Decision delivered on 19 August, Justice Williams said circumstances relevant to determining whether the conduct amounted to professional misconduct included that the undertaking was relied upon by the LSC in dismissing the complaint and not starting disciplinary proceedings; that the terms of the undertaking were unequivocal and could not be misinterpreted; and that Mr Cavanagh conceded that he had no valid excuse for his non-compliance.
She said that in all of the circumstances, the conduct was properly characterised as a “substantial” failure to reach or maintain a reasonable standard of competence and diligence.
“The tribunal is satisfied that the respondent’s conduct fell short of, or substantially departed from, the accepted standard of competence and diligence expected of a lawyer,” she said.
“This is particularly so as the undertaking was provided to the LSC in response to a complaint and consequently is a serious breach of an undertaking.
“Accordingly, the tribunal is satisfied that the proper characterisation of the respondent’s conduct is that it constitutes professional misconduct.”
Justice Willliams said aggravating factors included that the courses were for Mr Cavanagh’s own benefit as well as for the protection of the public and that at the time of the offending he was a principal of a law firm.
She said mitigating factors included that Mr Cavanagh admitted the facts, co-operated and accepted the characterisation and proposed sanction; that he showed insight and remorse; that he had not previously breached an undertaking in his 25-year career; and that he had competed the required courses.
She also ordered that Mr Cavanagh pay the LSC’s court costs.
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