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Solicitor faces reprimand, costs order for ‘threatening’ letter
A NSW-based solicitor who has been accused by the Law Society of sending a “threatening or intimidating” letter has told the NSW Civil and Administrative Tribunal that he hopes to “never come across a particular case like this again”.
Naomi Neilson
The Council of the Law Society of NSW has submitted to the Civil and Administrative Tribunal (NCAT) that the lawyer in question sent a letter about a visa status that could have been perceived as threatening or intimidating. Shortly afterwards, his client took his own life and blamed an opposing client for the “stressful” situation.
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In the midst of a property dispute between the two parties, the solicitor told NCAT that he did not intend to threaten the opposing client and was simply “putting the options [to him]” regarding his visa status. While he admitted some of the wording of the letter may have been in error, he said it was under unique circumstances.
“It was stressful for me and it was hard for me. In hindsight, I realised that everyone was affected by it. I could have changed it,” he told NCAT. “I could have said no to [my client] or been more forceful but if I had… what would be the further effect on [my client]. Maybe he would go into deeper problems with his mental health and that was plain on my mind. The surrounding circumstances of this case are very unique.”
The solicitor added that the Law Society had never taken these “unique” circumstances on board and that he would have liked for them to have approached him with a caution that the letter could be seen as threatening.
“I would have loved to have seen that. Nowhere in the submissions or anywhere have the Law Society looked at the surrounding circumstances of the case. Not how it would affect the parties, the conduct [of the opposing client] and how that affected everything and how that affected me and everyone else,” he commented.
In reply, the Law Society said that he should have kept an “even handed” approach, no matter the distressing nature of the particular client’s circumstances.
The Law Society is seeking a reprimand and an order for further education. They have removed an order for a substantial fine. The matter has been reserved.
The name of the solicitor and further information on the case will be provided following a judgement decision by NCAT.
