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Solicitor punished for trying to trade settlement for silence on rape claim
A solicitor has been reprimanded for telling a woman the settlement of her matrimonial dispute was contingent on her making a “no complaint” statement to police in respect of a historic rape allegation.
Naomi Neilson
Prakash Raniga agreed with the Victorian Legal Services Commissioner that he engaged in professional misconduct and should be reprimanded for acting on “inappropriate instructions” he received from his client, the husband, in family law proceedings.
Victorian Civil and Administrative Tribunal (VCAT) senior member Jonathan Smithers said the case has illustrated “how issues concerning the fundamental duties of legal practitioners” can arise in the “daily conduct of a family law practitioner’s practice”.
“It illustrates the need for practitioners to be mindful of those higher duties, even where the circumstances are such that one can well understand the reason why a client may give such instructions,” Smithers said in his written reasons for judgment.
While Victoria Police did not charge the husband with any offences, the VCAT noted the conduct was still likely to be prejudicial to any criminal investigation or charges laid by police.
Raniga admitted his conduct was likely to be “prejudicial to, or diminish the public confidence in, the administration of justice”.
In a letter referenced by VCAT, Raniga said he “should have taken more time to consider the instructions from the client before writing the same” to the ex-wife’s solicitors, and said he had “no intention of exerting undue influence over [the ex-wife]” by doing so.
“I further accept that regardless of the instructions from the client, I should not have proceeded to advise [the opposing solicitor] that the proposed settlement in principle would only be honoured if [the ex-wife] made a statement of no complaint to police,” Raniga added.
In May 2018, the commissioner advised Raniga about a complaint that arose in respect of a separate client who was charged with the unlawful assault of his wife. The charge arose in the context of family violence and involved a related intervention order.
In October 2017, Raniga wrote to the affected family member and requested that she make a statement of “no complaint”, as she had indicated in her statement she did not want her husband charged.
The commissioner accepted Raniga’s submission that he did not intend to exert undue influence with this letter and informed him that no further investigation into the complaint was required.
The context of this complaint arose during the VCAT proceedings because Raniga submitted he had a “vague knowledge” of the matter and the commissioner’s conclusion that his conduct did not amount to unsatisfactory professional conduct or professional misconduct.
“I am certain that if I had been disciplined for writing to [the affected family member], then I certainly would not have written to [the ex-wife’s solicitor] as I did … some 2.5 years prior,” Raniga said.
In determining the right penalty, Smithers took into account that Victoria Legal Aid (VLA) had suspended his law practice’s certifier status until the finalisation of the proceedings. VLA’s referrals had made up about half of Raniga’s files and almost half of his revenue.
Smithers also acknowledged Raniga’s conduct was “not undertaken in bad faith”.
“The respondent cooperated with the applicant’s investigation and has made fulsome admissions that have allowed this matter to proceed by way of a consent position,” Smithers said.
“The respondent’s cooperation should be recognised by way of a penalty that is not crushing.”
Raniga was reprimanded, ordered to undertake three continuing professional development courses in the area of ethics and professional responsibility, and was to pay costs in the sum of $3,000.
The case is Victorian Legal Services Commissioner v Raniga (Legal Practice) [2024] VCAT 1195 (13 December 2024).
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
