DAVID CHARLES LEASK

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

David Leask, a WA sole practitioner, faced three allegations of professional misconduct: two of failing to carry out agreed work for clients (Mr B, nearly 5.5 years; Ms K, nearly 2 years) and one of knowingly misleading client Mr B about his matter's progress with intent to deceive on at least eight occasions. He admitted allegation two as professional misconduct and admitted the facts of allegations one and three (arguing they were only unsatisfactory professional conduct). The Tribunal found all three constituted professional misconduct. Relying on forensic psychiatric evidence that the practitioner could not prevent recurrence without extensive cognitive therapy and ongoing monitoring, the Tribunal concluded he currently posed a risk to the public and was not fit and proper to practise. It resolved to transmit a report to the Supreme Court (Full Bench) recommending he be struck off the roll and ordered him to pay costs of $5,000 by 30 October 2010.

Duties found breached:

• Personal probity and fitness to practise
• No baseless or threatened misconduct report

Aggravating factors:

• Extraordinary and inordinate delay (nearly 5.5 years for Mr B; nearly 2 years for Ms K)
• Repeated deliberate misleading of client on at least eight occasions with intent to deceive
• Prior disciplinary history (two 2006 matters involving delay and false representations, fines of $1,500 and $7,000)
• Ongoing risk to the public as practitioner unable to prevent recurrence without extensive cognitive therapy not yet undertaken

Mitigating factors:

• Admitted the allegations / pleaded guilty
• Psychiatric evidence of avoidant-obsessive personality trait underlying the conduct
• Positive character references; hard-working, competent, moderate fees, pro bono work, held in high regard
• No dishonesty in payments made to client Mr B (payments were an avoidance mechanism to keep client satisfied)
• Cooperative and self-deprecating; regarded as an inherently good person and credit to the profession