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Queensland principal lawyer suspended for false file notes
A Queensland principal lawyer who falsified file notes and dishonestly instructed his solicitor has been suspended.
Naomi Neilson
The Queensland Civil and Administrative Tribunal (QCAT) has reprimanded and suspended Bing Han from practising as a lawyer for six months after it found him guilty of professional misconduct for falsely purporting that two file notes were made contemporaneously.
Although he knew the notes had been made between 1 April and 9 May 2019, Mr Han made a statutory declaration that they were instead created “on the same date noted”, being 5 and 6 April 2016.
He only came clean after an expert was engaged.
“His conduct was not only misleading but dishonest, given his attempt to cover up his wrongdoing by providing false information. In providing false information to his lawyers, [Mr Han] caused them to convey false information to his opponent in response to direct requests about the file notes concerned and their genesis,” Justice Joanne Brown said.
Mr Han admitted he made “false and misleading representations to an opponent” and said he agreed that he had “failed to uphold his paramount duty to the court and to the administration of justice”.
He said at the time he “lacked appropriate mentoring” from a senior practitioner, he felt overwhelmed by his workload that he alleged was 60 hours a week, and the firm he was working at had “limited staff and financial pressures” that contributed to his stressors.
Mr Han said he has since taken steps to improve the firm’s record keeping and has employed more staff to ease his workload.
“While one may accept that [Mr Han] was subject to stressors at the time, particularly in relation to work, that does not alter the serious deviation from the level of conduct expected of a solicitor,” Justice Brown said in the written judgment.
In addition to the reprimand and suspension, Mr Han will be prohibited from holding a principal’s practising certificate for two years after the suspension and was ordered to complete the next Queensland Law Society ethics referral course.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
