A legal practitioner who demonstrates a complete lack of understanding of basic trust account obligations and maintains a defiant attitude towards the disciplinary process will be struck off the Roll, even where the underlying misconduct might otherwise attract a lesser penalty such as a fine or suspension, and even where there are significant mitigating factors including pro bono work and the absence of dishonesty. The practitioner's insight into wrongdoing and willingness to take remedial steps are critical factors in determining whether the protective jurisdiction requires removal from the Roll.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
3 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.