Finding
Unsatisfactory professional conduct under the Legal Profession Uniform Law (Vic)
Penalty
Charge 1 Unsatisfactory professional conduct within the meaning of s.4.4.4(a) of the Act in that by sending the 30 August letter you contravened Rule 21 of the Professional Conduct and Practice Rules 2005 by failing to take all reasonable care to maintain the integrity and reputation of the legal profession by failing to ensure that his communications with other practitioners were courteous and/or by avoiding offensive or provocative language or conduct. Charge 2 Unsatisfactory professional conduct within the meaning of s.4.4.4(a) of the Act in that by sending the 2 September letter you contravened Rule 21 of the Professional Conduct and Practice Rules 2005 by failing to take all reasonable care to maintain the integrity and reputation of the legal profession by failing to ensure that his communications with other practitioners were courteous and/or by avoiding offensive or provocative language or conduct. Findings Mr McDonald is found guilty of two charges of unsatisfactory professional conduct by sending two letters to another legal practitioner in terms which breached Rule 21 of the Professional Conduct and Practice Rules 2005 in that he failed to ensure his communications with another practitioner were courteous and failed to avoid offensive or provocative language or conduct. Orders: 1.Mr McDonald is reprimanded. 2.Mr McDonald is to pay a fine of $10000 to the Victorian Legal Services Board. 3.Mr McDonald is to pay the VLSC costs of this proceeding fixed in the amount of $50000.