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A regional NSW solicitor has been reprimanded and fined after sending a threatening legal letter on behalf of her partner, who allegedly grabbed a 15-year-old student by the neck and arm during a school incident.
Jessica Riddell, a solicitor based in the regional NSW suburb of Goonellabah, was found by the Professional Conduct Committee to have engaged in unsatisfactory professional conduct after sending a legal threat to a minor in May last year.
While Lawyers Weekly previously reported on the matter when it first arose, further details have since emerged, providing greater clarity on the circumstances in which the NSW lawyer was found to have fallen below the standard expected of legal practitioners.
The Law Society Journal has reported that the matter centres on Riddell contacting a 15-year-old high school student on behalf of her partner, following allegations her parent had grabbed the minor student by “the neck and arm and shook them, saying ‘no phone’”.
Following the incident, it was reported that the student raised the matter with the school principal as well as the Department of Education.
This resulted in Riddell directly emailing the 15-year-old student, attaching a “without prejudice cease and desist letter” and stating that if the complaint against the teacher – who is her parent – was not withdrawn, court proceedings would be commenced against them.
The Professional Conduct Committee found that her decision to directly send the letter to the student amounted to unsatisfactory professional conduct, noting that the child lacked “legal capacity” and that the correspondence was “designed to scare the student” and “likely intimidating”.
While acknowledging that it may be appropriate in some circumstances to send a concerns notice to an individual, the Professional Conduct Committee ultimately found that directing it to the student was “objectively intimidating” in the circumstances.
As a result, the Council of the Law Society of NSW issued a reprimand and imposed a $2,000 fine.
In addition, Riddell was required to provide a written apology to the complainant and complete legal ethics training through the Law Society’s Professional Support Unit.
If the ethics training is not completed within six months, the Council of the Law Society of NSW has imposed a condition on her practising certificate requiring her to complete the course before she is permitted to continue practising.
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