MARTIN LEE SEGLER

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

The Full Bench of the Supreme Court of Western Australia ordered that Martin Lee Segler be removed from the roll of legal practitioners following the State Administrative Tribunal's findings of professional misconduct: misapplying trust monies of six clients, substantial failure of competence and diligence in the Glusica matter, intentionally misleading the Family Court on three occasions, and failing to cooperate with the Committee. Combined with a poor 13-year disciplinary history (including prior findings of misleading courts and the Committee), the Court found he was not a fit and proper person to remain on the roll. His submissions minimising his conduct and alleging a vendetta demonstrated a lack of insight. He was ordered to pay the Committee's costs (to be taxed if not agreed). The Court expressly noted the trust breaches did not involve dishonesty; no express finding of dishonesty was made.

Duties found breached:

• Uphold public trust in the profession
• No baseless or threatened misconduct report

Aggravating factors:

• Extensive prior disciplinary history over 13 years including previous findings of misleading the Magistrates Court and misleading the Committee
• Lack of insight and failure to accept responsibility for his conduct
• Unfounded allegation of a vendetta by a senior practitioner, which he refused to withdraw
• Attempts to minimise or justify conduct despite conclusive findings under s 444(1)
• Repeated nature - misleading a court was second such finding; three separate occasions of misleading within one hearing

Mitigating factors:

• Misapplication of trust money did not involve dishonesty and caused no loss to clients
• Long legal career since 1980 with community and pro bono legal service
• Character references from former clients
• Personal hardship from ceasing practice