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PETER CHRISTISON NEIL

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — 23/40 Mount Street WEST PERTH WA 6004
Case numberLegal Profession Complaints Committee v Neil [2017] WASAT 48 and [2017] WASAT 48 (S)
Date17 March 2017
HearingState Administrative Tribunal
OutcomeProfessional Misconduct and conditions imposed

Allegation / charges

Professional Misconduct and conditions imposed

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

SanctionFine
FineAUD 5,000
CostsAUD 10,219
Dishonesty foundNo

Mr Peter Christison Neil, a sole practitioner, was found by the WA State Administrative Tribunal to have engaged in professional misconduct on two counts: consistently failing to provide any legal advice required under his retainer with client JL (regarding a property dispute, caveat and alleged partnership) despite repeated requests, and rendering invoices ($1,495/$2,006.40) for work he had not performed. The Tribunal proceeded in his absence after multiple adjournments accommodating his health issues. It expressly found he was NOT dishonest, but was incompetent and lacked insight or remorse. He was fined $5,000, had his practising certificate conditioned for 12 months (employed/supervised practice only), and was ordered to pay costs of $10,218.90.

Duties found breached:

Aggravating factors:

  • Complete failure to provide any advice throughout the retainer, despite repeated client requests
  • Client was a lay person with relatively limited means
  • Charged the client despite not performing the work
  • Failure to show any remorse or insight; continued to dispute findings and attack the Committee's staff
  • Fundamental misunderstanding of retainer obligations despite long years in the profession
  • Continued conduct from mid-August 2013 to January 2014 (not isolated)

Mitigating factors:

  • No prior disciplinary history
  • Conduct not of sufficient seriousness to warrant suspension or striking off
  • Relatively small amount charged

Duties engaged

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf