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Brisbane firm accused of ‘negligent’ handling of criminal case
A woman levelled several allegations at a Brisbane criminal law firm, including claims her solicitors provided fraudulent information, acted without instructions, and were negligent in handling her case.
Naomi Neilson
In a costs dispute in the Queensland Civil and Administrative Tribunal (QCAT), the woman – who cannot be named – unsuccessfully accused TWC Lawyers of having acted contrary to instructions and provided “misleading or fraudulent’ information.
The costs agreement in dispute set out an estimate of up to $7,700.
In support of her application, the woman alleged the firm “induced me to enter the agreement”, provided false information, and her solicitor had “behaved in an unsatisfactory way in relation to the services”.
She also alleged the firm “failed to follow instructions due to poor communication”, acted without authority, and showed up for a court hearing “even after contact ceased by giving written notice”.
Further, in her submissions, the woman alleged the law firm only gave her the one option of consenting to an order without admission because otherwise, she would lose her case.
When she emailed the solicitor to smooth things over, the woman alleged she received a “cold and unsatisfactory response” and considered it best to look for another law firm.
It was not until arriving at a hearing in the Beenleigh Magistrates Court in September 2022 that TWC Lawyers became aware the woman had instructed a new firm of solicitors.
In response to the allegations, TWC Lawyers insisted it completed all the work in accordance with the woman’s instructions and considered it “unfair and unreasonable” to set aside the costs agreement.
The firm said that at no time during the retainer did the woman make a complaint about the legal fees or professional work performance, and it denied she was ever “induced” into entering the agreement.
“They noted that they were duty-bound to act in the best interests of the applicant, which required them to provide advice to the applicant that was not positive and that she may not want to hear,” QCAT said.
Judicial member Ray Rinaudo AM dismissed the complaints, finding he was satisfied TWC Lawyers “acted in accordance with its obligations” under the law and professionally.
“Accordingly, I find that the [woman] was not induced to enter into the agreement by the fraud or misrepresentation of the respondent or any representative of the respondent,” Rinaudo said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
