Sanction for misleading claims about legal experience

At the time of the misconduct, the practitioner did not have a practising certificate that entitled him to be a law firm’s principal.

Shortly after the Legal Practice Board became aware of the lie, the practitioner quickly took steps to take down the website.

However, by that stage, he had published advertisements for it on Facebook and included the link in his email signature, which was shared with clients, prosecutorial authorities, and other third parties.

The practitioner claimed he “erroneously believed” the website was still under construction and only the home page was viewable.

He also submitted that he had not reviewed the “About Us” section prior to receiving the board’s letter; however, there was evidence that the web developer had asked for his confirmation regarding the page months earlier.

Further, the practitioner was aware his co-founder’s details were hidden from the “About Us” page by the web developer due “to an issue involving [the co-founder’s] former employer”.

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“Based on that information, the practitioner ought to have been aware of the possibility that his belief was incorrect, or that the public accessibility of the website had changed, but again did not make adequate enquiries to ascertain the true position,” read a document filed with the WA State Administrative Tribunal (WASAT).

The board said his failure to correct or remove the experience representation, or to prevent its publication, “was careless and fell short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer”.

It was noted that the practitioner had demonstrated insight into the seriousness of his conduct by agreeing to findings that he engaged in unsatisfactory professional conduct at the earliest opportunity.

For lying about his experience, the practitioner was reprimanded, fined $7,000, and ordered to pay legal costs in the sum of $3,000.