Grossly Careless Submissions Lead to Suspension of WA Solicitor

A criminal solicitor from Western Australia, Mr Rhett Williamson, was sanctioned by the State Administrative Tribunal following professional misconduct.

From March 2015 to September 2016, Mr Williamson failed to enter a proper costs agreement, provide details on the basis of his legal fees, or explain how billing intervals would work. In addition, he failed to inform his client about their right to negotiate fees, as well as how to dispute costs. It was agreed that Mr Williamson had engaged in unsatisfactory professional conduct under sections 260, 262 and 267 of the Legal Profession Act 2008 (WA) and had failed to notify the client of his rights, contrary to section 291 of the Act.

Mr Williamson had also engaged in professional misconduct when he made misleading submissions to the court in support of a cost order. Despite the client having only paid $2,200 for legal fees, Mr Williamson applied for a significantly higher sum of $8,127.90. He falsely claimed that the client had either already paid, or was entitled to pay, $8,000 in fees. The tribunal described this act as “grossly careless,” considering that Mr Williamson showed little concern for the accuracy of his claims or the potential to mislead the court.

Further, Mr Williamson had dishonestly retained costs ordered by the court to be paid to the client by the State of Western Australia. Specifically, he kept $2,200 in costs that should have been refunded to the client after a decision by the State of Western Australia in June 2016. Instead of reimbursing the client, Mr Williamson continued to make misleading claims, asserting that he had undertaken significant work on the matter. That was in circumstances where Mr Williamson knew that he had an obligation to refund the client the sum of $2,200 and he was recklessly indifferent as to whether he had any entitlement to the balance of the costs awarded to the client.

The tribunal’s decision noted that while Mr Williamson did eventually refund the $2,200 after disciplinary proceedings were initiated, he had not repaid the full sum owed to the State of Western Australia, citing his “limited financial means.”

The tribunal ultimately ordered that Mr Williamson not apply for a practising certificate for seven (7) months and that he pay the legal costs of $10,000 to the Legal Practice Board.

The case is Legal Services and Complaints Committee and Williamson [2023] VR 34. The link to the orders can be found here.