President’s Message

Figures show vast majority of lawyers act professionally & ethically, but always room for improvement

JUSTIN STEWART-RATTRAY, PRESIDENT

The legal profession has always been held to high professional standards, but these standards were made even more stringent when amendments to the Legal Practitioners Act came into force in 2014, and the State’s inaugural Legal Professional Conduct Commissioner was appointed.

Greg May recently stepped down as Conduct Commissioner after eight years in the role, and I would like to take this opportunity to sincerely thank him for his diligent and proactive efforts in his role as the legal watchdog, in which in addition to his investigative role, he educated the profession on their obligations under the Legal Practitioners Act through numerous CPDs and a regular Bulletin column, and oversaw the expansion of his offi ce to deal with harassment complaints within the profession.

I also congratulate Anthony Keane on his appointment as the new Legal Profession Conduct Commissioner. I am confi dent hie will perform his role with the utmost integrity and professionalism.

While the Legal Profession Conduct Commissioner naturally deals with allegations of poor behaviour from practitioners, the relatively low number of complaints made, and the far fewer that are actually upheld, tells a positive story about the profession. From fi nancial years 2016-17 to 202021 there has been an average of about 33 complaints per year being upheld, meaning less than 10% of complaints that the Legal Profession Conduct Commissioner investigated led to adverse fi ndings (adverse fi ndings being fi ndings of unsatisfactory professional conduct, professional misconduct and overcharging).

Only about 3% of South Australian practitioners were the subject of complaints (due to instances of individual practitioners being the subject of multiple complaints) and about 1% of practitioners had a fi nding of misconduct against them.

While just one fi nding of misconduct is one too many, these fi gures suggest that there are only a few “bad eggs” who adversely impact the standing and reputation of the profession. When you consider that lawyers usually represent clients who are at one of the most vulnerable and stressful times in their lives, the relatively low number of complaints speaks to the professional and ethical manner in which most South Australian practitioners conduct themselves. In this sense, it is not surprising that the jurisdiction in which the most complaints is made is family law. For example, complaints often come from an aggrieved client of an opposing party in a family law dispute.

The vast majority of practitioners that I have had dealings with are hard-working, fair, and professional, who always put their clients’ interests fi rst and take their duties to the court seriously.

The lawyers who commit to pro bono work and are passionate about enhancing access to justice, like those whose stories were told in last month’s “community” edition of the Bulletin, are far more typical of the lawyers I usually come across. But the very few who act unconscionably or incompetently are of course great fodder for mainstream media, and this can produce a skewed perception of the ethical integrity of lawyers.

This is not to say that we should rest on our laurels. As Greg May noted in his fi nal Bulletin article last month, there is scope for lawyers to improve their communication with clients and to ensure they are upfront about costs. The ethical obligations on practitioners have become increasingly onerous, and this can create challenges, but I encourage all practitioners to keep up-to-date and informed about their duties and obligations under the Legal Practitioners Act and Conduct Rules.

I am proud to work in a profession that takes its legal and ethical duties seriously, and remember that if you have any questions or concerns about your ethical responsibilities, you can contact the Society’s Ethics and Practice unit, which is there to support practitioners through any professional challenges they may be facing. B

SA Legal Practitioners subject to complaints (orange)

SA Legal Practitioners subject to fi ndings of unsatisfactory professional conduct or professional misconduct (red)

MISCONDUCT FINDINGS

FYE 2020

PCs issued (year) – 4216 Misconduct fi ndings – 36

FYE 2016 to 2020

Average PCs issued – 4072.2 Average misconduct fi ndings – 29.6