Finding
Unsatisfactory professional conduct under the Legal Profession Uniform Law (Vic)
Penalty
1. The Respondent Lawyer is reprimanded pursuant to s 299(1)(b) of the Uniform Law. 2. The Respondent Lawyer is required to undertake two further continuing professional development (CPD) units in addition to any other CPD requirement prior to the resumption of practice and provide evidence to substantiate that the CPD has been undertaken for example notes made during the session or other proof of attendance. 3. Pursuant to s 299(1)(g) of the Uniform Law I recommend that the following conditions be imposed on any Australian practising certificate held by the Respondent Lawyer: (a) The Respondent Lawyer must engage with a mentor at least monthly for a period of 12 months from the date her next practising certificate is granted and; (i) The Respondent Lawyer must pay for the costs of the mentor; (ii) The Respondent Lawyer must engage the mentor for at least 1 hour per month; and (iii) The Respondent Lawyer must cause the mentor to provide reports to the Victorian Legal Services Board each alternate month starting on the second month of the mentoring. (b) The Respondent Lawyer must nominate an account to be used for business only and all payments from clients including cash payments must be deposited into that account by the client. (c) The Respondent Lawyer must notify all clients in writing when costs disclosure is given to new clients and any time a bill is issued that: (i) Payments must be made by way of deposit into a bank account; and (ii) That cash payments will not be accepted except as deposited into the nominated bank account directly by clients. (d) Payments from clients must only be sought by the Respondent Lawyer in relation to bills that have been issued for work that has already been performed. (e) The Respondent Lawyer must send a notification of client rights with any bill issued to that client in accordance with s 192 of the Uniform Law