Habib Abraham MELLICK

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

Mr Mellick, a solicitor since 1987, was found guilty of professional misconduct on three charges: failing to progress clients' civil claim over the purchase of a boat, making false representations to clients that the matter was progressing/finalised when no proceedings had been filed, and failing to comply with a Commissioner's notice. Although the Commissioner characterised his conduct as dishonest and sought removal from the roll, the Tribunal accepted that his conduct, while professional misconduct, was explained by depression, overwork and burnout, and that steps taken meant the public did not require his removal. The Tribunal did not make an express finding of dishonesty. It publicly reprimanded him, imposed a $1,500 fine as deterrence, ordered 12 months of supervision/audit by another solicitor with reporting to the Commissioner, gave the Commissioner liberty to apply for further/varied orders within 18 months, and ordered him to pay the Commissioner's costs on the standard basis. No compensation order was made as the client had been paid ~$20,000, fees waived, and the claim was not pursued.

Duties found breached:

• Keep client informed and respond promptly
• Manage conflict arising mid-matter
• No baseless or threatened misconduct report

Aggravating factors:

• Second occasion being disciplined for very similar conduct (delay and misrepresenting position to clients), the prior matter decided 27 July 2012
• Repeated conduct

Mitigating factors:

• Admitted all allegations at an early stage and agreed a statement of facts
• Acted with candour and frankness before the Tribunal
• Paid approximately $20,000 in compensation to clients and waived legal fees
• Conduct explained (not excused) by depression, overwork and professional burnout
• Took steps to restructure practice and lifestyle to prevent recurrence
• Remorse
• Long practising history since 1987 with only two complaints
• Significant community and professional involvement
• Agreed to be subject to supervision and audit