LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

No.DateApplicationreferredType of Charge(s)Status14 23/12/2011 Professional misconduct: contravention of r29.1 by allowing nameof firm to be used by a debt collection agency when lodging acivil complaint in the Magistrates Court using the electronic datainterchange system in a manner likely to mislead the public (x2);permitting or assisting an employee of a company who was not anAustralian lawyer to engage in legal practice; failure to ensure legalcosts for a proceeding were disclosed in writing to the client as requiredby s3.4.9 & 3.4.11 of the Act in contravention of r29.2.2; failure tomaintain direct control and supervision of proceedings in contraventionof r29.2.3(i) (x2)15 23/12/2011 Misconduct at common law: intentionally and recklessly attemptedor did mislead or deceive (x4); Professional misconduct: chargingexcessive legal costs in connection with the practice of law (x 2)16 23/12/2011 Misconduct at common law: intentionally and recklessly attempted ordid mislead or deceive (x3); charging for professional fees on a basisother than on the basis which was contracted; Professional misconduct– charging excessive legal costs in connection with the practice of law17 23/12/2011 Misconduct at common law: intentionally and recklessly attempted ordid mislead or deceive (x2); charged for professional fees on a basisother than on the basis which was contracted; Professional misconduct– failed to provide an itemised bill when requested contrary to section3.4.36(2) of the Act; charging excessive legal costs in connection withthe practice of law18 4/01/2012 Misconduct at common law: intentionally or recklessly attemptingto or did mislead or deceive (x3); failure to provide an itemised billwhen requested contrary to section 3.4.36(2) of the Act; charging forprofessional fees on a basis other than basis on which contracted;Professional misconduct: charging excessive legal costs in connectionwith the practice of law19 11/01/2012 Professional misconduct: charging excessive legal costs in connectionwith the practice of law; contravening the Act or the Regulations orboth; Misconduct at common law: charging for professional fees ona basis other than the basis on which contracted; sought approval toappropriate from the trust account in circumstances where all relevantinformation had not been disclosed; sought to obtain authorisation topay money from the trust account on account of costs of litigation incircumstances where the entitlement to do so was a live issue beforethe court on which judgement was reserved20 13/01/2012 Misconduct at common law: signing a name over the words “Guarantor’sSignature” on the Personal Guarantee and Equitable Charge and/orsigning on the commercial credit application and supply agreement,which in all circumstances was likely to create the false impressionthat that person had signed the documents; attesting to the signaturesof the clients on the personal guarantee and equitable charge in theknowledge that they did not sign the documents; in the alternativeprofessional misconduct (x2)Hearing listed for 19 September 2012Hearing listed for 22 August 2012Hearing listed for 22 August 2012Hearing listed for 22 August 2012Hearing listed for 22 August 2012Hearing listed for 22 August 2012Hearing adjourned to a date to be fixed98 Legal Services COMMISSIONER Annual Report 2012