In defending himself against an allegation he sent an inappropriate and rude email to an opposing solicitor, a Queensland lawyer said it was not discourteous to respond “assertively” to an “arrogant bully”.
Colin Philip Henry Murray, an employed solicitor and director of rural firm Murray Laws, was publicly reprimanded and ordered to pay a $1,500 pecuniary penalty for behaviour that amounted to professional misconduct and unsatisfactory professional conduct.
The Queensland Legal Services Commissioner brought disciplinary action against Murray for preparing and filing a “misleading” affidavit for a client in the Federal Circuit and Family Court of Australia which included “irrelevant and scandalous material”.
The offending affidavit, filed in late 2022, claimed the client had not seen the material from the opposing party for “several days”, when it had in fact been seen and forwarded to Murray within two hours.
The affidavit also claimed the opposing solicitor’s method of serving the documents was “lazy and very unprofessional”.
Murray objected to having “full knowledge” of when he received the materials, and claimed he had not placed anything before the court that was “misleading, irrelevant, scandalous or otherwise”.
At the hearing, he also submitted he was unaware of the date and time on the email that had been forwarded to him, and that it was not his “role or responsibility” to question or change his client’s evidence.
However, Justice Frances Williams said even if Murray had not looked at the date and time on the email, he was retained the same day and so would have known the claim in the affidavit was incorrect.
“In any event, it is difficult to accept that a legal practitioner would not be aware of the time of purported service of an initiating court document as that is usually relevant to the calculation of the time by which a response is due,” Justice Williams added.
Further, Justice Williams said a solicitor preparing an affidavit on behalf of their client should be mindful of whether there is anything in the material that may be “misleading or false”.
As for the laziness allegations, the tribunal found the statements to be irrelevant, not founded on the relevant rules, and was an opinion that Murray’s client “was not qualified to give in any event”.
The affidavit charge amounted to professional misconduct.
After receiving an email from the opposing solicitor that demanded he retract the statements “as a matter of urgency”, Murray responded with a claim that “inveighing against me is nonsensical”.
His response continued: “Perhaps the writer should have advised her client of the legislation and rules regarding service, and the possibility that the party being served may take offence and not accept service by email, before accepting his instructions.”
The commissioner alleged Murray used “rude or intemperate language” and reiterated the affidavit allegations that the opposing solicitor’s understanding of the rules of service “was deficient”.
In response, Murray said an assertive response “to an aggressive and arrogant bully is not unprofessional, discourteous or inappropriate”.
Justice Williams said in the context of family law proceedings, there is an obligation on legal practitioners “to maintain courtesy in dealings with other legal practitioners” and remain “dispassionate and objective” while their clients experience heightened emotions.
While his email may have been on the lower end of the scale, the tribunal was satisfied he was “inappropriate and discourteous”.
“In the family law context where dispute resolution processes are an important part of the court processes, the respondent’s conduct was likely to have a detrimental impact on the prospects of the proceedings being settled as it needlessly antagonised the other party’s solicitor,” Justice Williams said.
In addition to the monetary penalty and reprimand, Murray was ordered to complete an ethics course.
The case: Legal Services Commissioner v Murray [2025] QCAT 292.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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