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‘Personality problem’ blocks aspiring lawyer from joining profession
An aspiring lawyer with a “personality problem” has been told by the Legal Profession Admission Board that she cannot be admitted.
Naomi Neilson
Following an attempt to have the application decision overturned in the Court of Appeal, the applicant — whose name has been protected — turned to the Queensland Civil and Administrative Tribunal (QCAT) to argue the Legal Profession Admission Board (LPAB) should admit her.
In August 2022, the LPAB found the applicant was not suitable for admission and informed the Supreme Court of Queensland’s registrar that she should not be admitted because of her failure to comply with its request for further material.
This further material included a request for a report from a psychiatrist and psychologist about a “personality problem”, which the applicant mentioned herself in a submission to the board.
In a hearing before the Court of Appeal, she relied on a letter from her general practitioner and told the board to accept evidence that the report “has not been referred, therefore, either is not suitable”.
Her lawyers argued the report was “unreasonable” and the board incorrectly interpreted her remarks about a personality problem.
“It should not have been necessary for the board to request that the applicant obtain a psychological or psychiatric report and that a letter from a general practitioner was capable of showing that applicant was able to satisfactorily carry out the inherent requirements of practice,” her lawyers told the Court of Appeal.
This letter was not found to be sufficient enough to persuade the court that it “should not have concerns” about the applicant’s “mental functioning, personality and suitability for admission”.
The court added the applicant’s attempts to explain her past behaviour “give more reason to think she is not a suitable candidate”.
“The affidavits she has sworn on the application, and her correspondence with the board, reveal she has prejudicial events and vulnerabilities in her past, including her childhood, and that she has difficulty coping with these things and their psychological sequelae. She blames them for her violent behaviours,” it found.
“Affidavits and correspondence with the board show inaccuracy and inconsistency in her approach and an inability to deal in a mature, insightful or rational way with the issues her behaviour raises.”
In submitting it would have struck out the application even if it had jurisdiction, QCAT said she would have been aware of the fact she could have sought a review of the decision but explicitly stated she did not wish to go down that path in correspondence with LPAB.
The tribunal said the applicant was given these instructions by the board in June 2022, but she instead indicated she would “not prefer to seek a review through QCAT [as] I also believe that is not required as an admission applicant”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
