Bar cops criticism for experienced barrister’s failure to procure a practising certificate

Update, 2 June 2008: Consider also the somewhat similar case of Victorian Lawyers RPA Limited v MAF [1999] VLPT 12.  There, the solicitor practised for about one and a half years without either a practising certificate or professional indemnity insurance.  He blamed his book keeper, a defence which was partially successful.  He was reprimanded, and ordered to pay to the Legal Practitioners Liability Committee, the professional indemnity insurer of Victorian lawyers, the premium he would have had to pay had he done the right thing, along with the practising certificate fee he would have had to pay had he actually applied.Original post: In Victorian Bar v GSL [2006] VCAT 435, Judge Bowman, Peter Jopling and F Harrison of VCAT found a barrister guilty of misconduct and fined him $5,000 for practising without a practising certificate, with costs of $4,500 stayed for 3 months. Continue reading “Bar cops criticism for experienced barrister’s failure to procure a practising certificate”

Solicitor’s failure to supervise undertaking by firm was unsatisfactory conduct

Law Institute v SHP [2006] VCAT 450

A solicitor was found guilty of unsatisfactory conduct in that he failed to supervise his legal and non-legal staff in relation to an undertaking he signed on behalf of his firm. Charged with misconduct, VCAT instead found him guilty of unsatisfactory conduct (which he admitted) and ordered him to pay a fine of $750 and costs of $9,000 stayed for 3 months. It is suggested in the reasons that although the solicitor’s law clerk knew of the undertaking which was simply enough expressed, and although it was accepted that the solicitor told the clerk to bring it to the attention of an employee solicitor handling a related part of the matter who could be expected to have understood the nature of the undertaking, that was not enough.

Lisa Hannon was for the Law Institute, John Langmead and Erin Gardner for the solicitor.