ALBERT ERNEST CLARK

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

The Legal Practitioners Complaints Committee alleged that Albert Ernest Clark was guilty of unsatisfactory conduct in February 2004 by acting for an elderly client (aged around 98) in a conflict of interest, preparing and arranging execution of a codicil under which he and his wife would receive $50,000 with priority. Clark had engaged an independent solicitor (Mr Sutherland) to advise the client, but Sutherland withdrew after learning of the Public Trustee's letter recording the client's mistrust of Clark, before completing his advice. Despite knowing no complete independent advice had been given by a fully informed solicitor, Clark proceeded to arrange execution of the codicil himself. The Tribunal found this constituted unsatisfactory conduct. No dishonesty was found. It made no finding on the client's testamentary capacity or vulnerability. The Tribunal deferred sanction, stating it would hear the parties on penalty.

Duties found breached:

• No unlawful discrimination or harassment
• Advise objectively, not a mere conduit
• No improper benefit, loan or bequest