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Solicitor guilty of failing to provide ‘critical’ financial information to Law Aid
A Victorian-based solicitor has been found guilty of professional misconduct for his failure to provide relevant case and financial information to Law Aid.
Naomi Neilson
The Victorian Civil and Administrative Tribunal has found Lee Flanagan guilty for allowing his firm, Arnold Thomas & Becker Lawyers, to fail to advise Law Aid of significant changes in their client’s financial circumstances, by virtue of lump sum compensation amounts.
“[This was] conduct which involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence,” the tribunal noted.
Law Aid Trust granted assistance to Mr Lee and his firm for the purposes of a “no win no fee” personal litigation conducted on behalf of a client. If the applicant is successful in that litigation, the applicant is obliged to refund Law Aid the disbursements paid, plus a further fund fee of 5.5 per cent of the net award or the settlement.
Over an eight-year period, Mr Flanagan repeatedly breached undertakings to provide the relevant information to Law Aid on a timely basis about the progress of the litigation, and to respond to requests for information from Law Aid over this time.
“He failed to advise Law Aid of significant changes in the client’s financial circumstances, by virtue of the client’s receipt of lump sum compensation amounts,” the tribunal wrote.
“By the time Law Aid received that critical information, some years later, the client’s then financial position had again changed, for the worse.”
The tribunal noted Mr Flanagan does not otherwise have any disciplinary history and has been in practice and managing the firm for a substantial period of time since the conduct of the subject of the charge. He provided relevant character references.
“He expressed his embarrassment at the deficiencies in his handling of this particular file and is clearly remorseful,” the tribunal wrote. “He cooperated with the investigation and made early admissions. He is entitled to be given credit for his plea of guilty.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
