Darryl Richards

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The respondent, a solicitor and former Legal Practitioner Director, failed to honour an undertaking given to the Legal Services Commission on 19 January 2021 to enter into a therapeutic relationship with a registered psychologist and receive counselling at least three times before 1 July 2021, and to provide a report by 1 August 2021. This undertaking had been a key factor in the Commissioner discontinuing three investigations. The Tribunal, on agreed facts and sanction, characterised the conduct as professional misconduct. No dishonesty was found. The respondent was publicly reprimanded, fined $3,000, prohibited from obtaining a principal practising certificate for one year, required to complete a practice management course, required to disclose the orders on any practising certificate application for five years, and ordered to pay the applicant's costs on the standard basis.

Duties found breached:

• Honour professional undertakings

Aggravating factors:

• Undertaking given to a regulator, which is particularly serious
• Undertaking was a key factor in the Commissioner discontinuing three active investigations
• Respondent held position of high responsibility as Legal Practitioner Director at the time
• Prior disciplinary history (Legal Services Commissioner v Richards [2018] QCAT 128)
• Failed to advise the applicant of difficulties until 2 July 2021, the day after the undertaking was to be complied with

Mitigating factors:

• Cooperated with the applicant throughout investigation and proceedings
• Admitted liability and agreed facts and sanction at earliest opportunity
• Expressed remorse, regret and offered an apology
• Mental health struggles and impact of the Covid pandemic on availability of mental health services
• Took steps to comply with the undertaking, contacting at least three practitioners without response
• Removed himself from practice to attend to mental health needs
• Since commenced a therapeutic relationship with a registered psychologist (four sessions as of April 2024) with intention to continue