Legal director reprimanded for blunder with CCTV company
A legal director failed to inform 20 clients she had a personal and financial stake in a security company before making compensation claims for the costs of installing CCTV.
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Victorian lawyer Nedene Dorcich pleaded guilty to professional misconduct for a failure to disclose she partly operated On Guard Home Security, a company that would have received compensation claims from the Victims of Crime Assistance Tribunal.
The Victorian Civil and Administrative Tribunal (VCAT) heard Dorcich made the claims on behalf of 20 employees between December 2016 and June 2017 while she worked at RT Legal.
She did not inform the clients of her association and, on two occasions, continued despite a warning from another legal director.
Senior member Reynah Tang AM said it was an “obvious breach” of her fiduciary duties to her clients and her obligations as an officer of the court and to the administration of justice.
“In my view, the inappropriateness of the conduct would be apparent to someone just starting out in legal practice, let alone a solicitor who had been practising for over five years, was a legal director of a law practice at the time and who would go on to establish her own law practice not long after the events in question,” Tang said.
However, Tang said it was to Dorcich’s credit that she pleaded guilty and admitted it was professional misconduct.
While only one client received compensation for installation costs, Tang said this did not diminish the seriousness of her conduct and it still justified a $15,000 fine to the Victorian Legal Services Board.
Further, Tang said an order to complete continuing professional development (CPD) points would need to be handed down with an express requirement that Dorcich obtain this with the Law Institute or another approved provider to ensure it is a face-to-face session.
Dorcich was also reprimanded and ordered to pay $10,000 in costs.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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