BENJAMIN SHAWN MORTON

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

Benjamin Shawn Morton, a junior WA legal practitioner, admitted to neglect, unprofessional conduct and unsatisfactory conduct in relation to a former client's District Court action which was struck out for want of prosecution, and in failing to respond to client emails and LPCC inquiries. The Tribunal accepted an agreed resolution, finding him guilty on four counts, reprimanding him and imposing fines totalling $17,000 plus $10,000 costs. Two allegations (VR 8 and VR 9 of 2004), including alleged misleading of the client and a fellow practitioner, were dismissed as the Committee assessed the prospects of proof as remote. No finding of dishonesty was made.

Duties found breached:

• No improper communication with the court
• No taking unfair advantage

Aggravating factors:

• Seriousness of neglect over approximately 12 months
• Failure to advise client to seek independent legal advice was a matter the practitioner well appreciated and should have addressed himself
• Conspicuous failure to respond to multiple client emails and to LPCC inquiries

Mitigating factors:

• Practitioner was very junior and relatively inexperienced at material times
• Largely unsupervised, lacking mentoring and guidance from senior practitioners
• Reliance on colleague Mr Archer and general supervision by managing partner
• Steps taken to rehabilitate reputation; references and testimonials to good character and competence
• Firm now seeking quality assurance approval and focusing on commercial rather than litigation work
• Admission of conduct and resolution reached with the Committee

⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=17000", "unverified_costs_amount=10000"]