All three charges of professional misconduct against the respondent solicitor were proved at the breach and characterisation stage (stage 1), with the penalty hearing to follow. The Tribunal found the solicitor failed to advise his client about the approaching limitation period, allowed it to expire, and then deliberately misled the client by representing that a $39,000 settlement offer from the insurer was open for acceptance when no such offer existed, in an attempt to cover up the missed limitation period. Dishonesty toward a client — whether active (making false representations) or passive (failing to correct a known misapprehension) — constitutes professional misconduct under ss 386–387 of the Legal Profession Act 2006 (ACT) and rules 4.1.2 and 5.1 of the Legal Profession (Solicitors) Conduct Rules 2015. A solicitor's failure to advise on and protect against the expiry of a limitation period, combined with prolonged inaction during critical periods, can amount to professional misconduct where the departure from reasonable competence and diligence is sufficiently substantial.
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