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Shayne Chapman

JurisdictionAustralia — Queensland
BodyLegal Services Commission (Queensland) (LSC-QLD)
Professionsolicitor — Shaye Chapman Lawyers
Date19/09/2023
HearingQueensland Civil and Administrative Tribunal
OutcomeSuspended

Allegation / charges

Guilty of professional misconduct

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

SanctionReprimand
Dishonesty foundNo

The Legal Services Commissioner brought a single charge of charging excessive fees against solicitor Shaye Chapman. She had charged a client $674,249.54 in professional fees, which was reduced by 42% on costs assessment and review (to $362,775.90 professional fees). The Tribunal found the conduct constituted professional misconduct due to the significant disparity and reasons for it (duplication, excessive charging, improper time-unit billing, etc.). She was publicly reprimanded, subjected to a 5-year practising certificate condition barring deferred-fee retainers, ordered to undertake the QLS Remedial Ethics course, and to pay the LSC's costs. No dishonesty was alleged or found. The complainant's claim for a $7,500 compensation order was dismissed as no pecuniary loss causally connected to the overcharging was established, given Judge McGill's earlier reconciliation of amounts.

Duties found breached:

Aggravating factors:

  • Experienced practitioner (11-12 years in practice at time of conduct)
  • Solely responsible for the large sum overcharged
  • No evidence of addressing complainant's concerns or making offers of compromise
  • No rehabilitative professional development undertaken
  • Initially maintained no wrongdoing to the Commission
  • Significant disparity of 42% between charged and assessed costs

Mitigating factors:

  • No disciplinary history in Queensland
  • Ultimately conceded conduct constituted professional misconduct
  • Apologised to complainant
  • No longer accepts deferred fee retainers; 95% of work now fixed fee
  • Cooperated via statement of agreed facts and agreed sanction

Duties engaged

Documents

Source: https://www.lsc.qld.gov.au/queensland-discipline-register