Question
The Legal Services Commissioner after receiving a number of complaints in relation to the Solicitor, John Brown, is seeking the following orders: That the Respondent,
The Legal Services Commissioner after receiving a number of complaints in relation to the Solicitor, John Brown, is seeking the following orders:
- That the Respondent, John Brown, is guilty of professional misconduct.
- In the alternative, a finding that the Respondent is guilty of unsatisfactory professional conduct.
- The Respondent's name is removed from the roll of lawyers.
- In the alternative to order 3:
- The Respondent is publicly reprimanded.
- Such orders as the Tribunal sees fit.
Ground 1: The Solicitor conducted himself inappropriately at a hearing in the Children's Court from 22 to 24 March 2016.
It is alleged that the Respondent submitted to the court that " My impression is that your Honour has really made up his mind and we are just wasting our time and money here" and that " overruling my objection so easily off the cuff tells me that well your Honour is bent".
Ground 2: The Solicitor breached his duty to the administration of justice by criticising the Children's Court.
It is alleged that the Solicitor stated at a hearing on 22 February 2016 that the Children's Court engaged in "unlawful practice".
Ground 3: The Solicitor engaged in conduct which was disgraceful and dishonourable on 29 April 2016.
It is alleged
- That the Solicitor forcibly seized a member of the public who was attending his office and pushed that person out of the office and onto the stairs leading to the street.
- That the Solicitor used offensive language including swearing and made personal racist comments in a telephone conversation with another solicitor.
Your role is to represent and defend John Brown in an application for a finding of professional misconduct. You will need to answer questions posed by the class (Disciplinary Tribunal) throughout your submissions.
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