A senior barrister has been reprimanded and fined $2,000 for unsatisfactory conduct during a teleconference involving a judge and a self-represented litigant.
The incident occurred in April 2023. The barrister, representing a female client, was part of a telephone conference about adjourning a hearing in an ongoing private prosecution case. Details of the case and the names of those involved were redacted from the Legal Complaints Review Officer Fraser Goldsmith’s published decision.
During the teleconference the self-represented litigant accused the judge of bias and criminal behaviour, demanding his recusal. He alleged that the judge had witnessed his assault by security officers and lied to the police about it. The litigant also criticised the barrister for sending submissions to the wrong email address – an address he was specifically told not to send to, claiming contempt of court.
The barrister responded by telling the litigant to “shut up,” calling him “mad,” and “a liar.” He also threatened to continue abusing the litigant in future encounters. The judge ended the call following these exchanges.
The Law Society’s Standards Committee initially found the barrister breached conduct rules but chose not to take further action, considering it an isolated incident. However, Goldsmith disagreed, stating the barrister’s comments were discourteous, unprofessional, and disrespectful. He emphasizsd that advocacy should not descend into personal attacks, as professionalism demands respect even in ‘challenging situations’.
Goldsmith reversed the Standards Committee’s decision, issued a reprimand, imposed a $2,000 fine on the barrister, and ordered him to pay $800 in costs to the Law Society.
