Robert John GOULD

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

The Legal Services Commissioner brought five charges against solicitor Robert John Gould arising from complaints by D'Antoine and Strachan: failing to maintain competence/diligence, misleading his client, misleading the Queensland Law Society (twice), and failing to supervise staff. QCAT found charges 1 and 4 amounted to unsatisfactory professional conduct, and charges 2, 3 and 5 (misleading the client and the Law Society), taken with the others, amounted to professional misconduct. The Tribunal found he misled his client and the Law Society and was at least reckless as to his duty of honesty and candour, but made no express finding of dishonesty. Gould was publicly reprimanded, fined $6,000 payable over 12 months, ordered to engage Mr Gardiner to review and implement practice management systems with reporting obligations, and to pay the Commissioner's costs (to be agreed or assessed on the Supreme Court scale). Compensation order submissions were deferred.

Duties found breached:

• Cease acting on client perjury or disobedience
• Not mislead third parties or opponents
• Uphold public trust in the profession
• Supervise staff and delegated work
• No baseless or threatened misconduct report

Aggravating factors:

• Conduct involved misleading both client and regulator
• Pattern of conduct across more than one matter and office
• Failure to keep adequate records of client conversations

Mitigating factors:

• 66 years old with no prior disciplinary findings over a long career
• Suffering depression/burn-out and personal stress (acrimonious divorce, GFC financial pressures) at the relevant time
• Cooperation and Statement of Agreed Facts
• Steps taken to refocus practice and refer out unfamiliar work
• Positive client testimonials