Reprimand for lawyer who lodged improper caveat
September 12, 2018
A Prahran solicitor has been reprimanded after he lodged a caveat over a property when he did not have the proper basis to do so.
The Victorian Civil and Administrative Tribunal found the solicitor had lodged a caveat over a property belonging to his client’s mother, after the mother agreed to pay her daughter’s legal fees.
The Victorian Legal Services Commissioner told VCAT that the solicitor had acted without ensuring that there was a proper basis for him to lodge the caveat over the property. VCAT also heard that the solicitor had failed to provide his client’s mother, as a third party payer for the legal fees, with costs disclosure.
VCAT noted that the solicitor had pleaded guilty to two charges of unsatisfactory professional conduct, and that the matters were at the lower end of the scale for disciplinary offences. VCAT also noted that the Commissioner had earlier offered the solicitor an opportunity to accept a reprimand without the matter needing to proceed to a disciplinary hearing.
VCAT reprimanded the solicitor and ordered him to pay the Commissioner’s costs.
The Victorian Legal Services Board publishes the details of all lawyers who have been reprimanded on the Register of Disciplinary Action.