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Why is Peter Paradise still able to practice?
Following news that former Herbert Smith Freehills partner Peter Paradise had set up shop with a boutique firm, Lawyers Weekly decided to ask the state regulator about potential disciplinary proceedings.
Jerome Doraisamy
Office of the Legal Services Commissioner John McKenzie was asked whether OLSC has an active investigation underway into the alleged conduct of Mr Paradise while at HSF, including sexual harassment. Lawyers Weekly was advised that OLSC is prohibited by law from disclosing information about any investigation of complaints, unless such proceedings are filed with the Civil and Administrative Tribunal, in accordance with the Legal Profession Uniform Law (LPUL).
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Lawyers Weekly pointed out that, as publicly stated by OLSC, allegations raised by way of media reporting – such as those conducted earlier this year – can lead to the initiation of an investigation and was told that “if there is sufficient evidence to provide a factual basis for alleging the conduct occurred”, such investigations will indeed be initiated.
“Media reports are one possible source of information for instigating an investigation, but all available information needs to be carefully considered,” Commissioner McKenzie said.
“Considerations include whether actual evidence might be able to be obtained from any potential witnesses.”
Lawyers Weekly then queried how, with regards to any potential or hypothetical investigation into Mr Paradise, a legal practitioner can be allowed to continue practising following allegations such as those made while Mr Paradise was a partner at HSF.
The question of whether OLSC and/or the Law Society of NSW can or should suspend practising certificates in such instances, pending formal outcomes of investigations, is an option that can be explored for the purposes of public interest and safety, was also put to Commissioner McKenzie.
He responded that he and his office can indeed recommend to the Law Society that a solicitor’s practising certificate can be immediately suspended.
“In NSW, the Law Society Council is the designated local regulatory authority responsible for provisions of the LPUL relating to solicitor practising certificates, and has power to vary, suspend or cancel a certificate and to impose conditions in certain circumstances and on grounds prescribed by the legislation,” he said.
“Any suspension before a disciplinary investigation has been completed is an ‘urgent’ or ‘emergency’ power, based on Supreme Court case law to the effect that the power should only be exercised where there is an immediate danger to the public in allowing a person to continue practising.”
The OLSC will consider any information it receives “regarding alleged misconduct at Acquiem Lawyers”, he added.
“OLSC is unable to disclose information about action taken with respect to any particular lawyer but we take allegations about bullying and harassment very seriously and we will closely consider any information received.”
Similar questions pertaining to Mr Paradise were put to the Law Society of NSW, and the following response was received: “We are statute-barred from talking about disciplinary cases [and] so we can’t comment.”
Mr Paradise was removed from the partnership at Herbert Smith Freehills in March of this year, following revelations of numerous allegations of sexual harassment and misconduct.
In June, Lawyers Weekly reported he was involved with boutique firm Acquiem Lawyers, located in Surry Hills, NSW.
