Decision record
PAUL THOMAS WILLIAMS
Allegation / charges
Unprofessional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Legal Practitioners Complaints Committee brought three allegations against solicitor Paul Thomas Williams arising from his efforts to recover legal fees from his clients (Mr Radovanovic and Murchison Queen). The Tribunal dismissed the allegation that he swore a false affidavit (finding no intentional or reckless falsity, as it was not obvious that the debt was not 'due and payable' under s 65 of the Legal Practitioners Act 1893) and dismissed the allegation of misleading the Complaints Committee (accepting the corroborating account of the other solicitor, Mr Workman). The Tribunal found established the allegation of unprofessional conduct by creating an unacceptable and serious conflict of interest: Williams took an assignment of a debt owed by his client personally and pursued bankruptcy proceedings against the client while continuing to act for him in a Supreme Court appeal, motivated principally by his own interest in recovering fees. No express finding of dishonesty was made. He was fined $2000, reprimanded, and ordered to pay $5000 costs.
Duties found breached:
Mitigating factors:
- Solicitor's interest was substantially aligned with the client's interest
- Conduct did not, in fact, adversely impact upon the client's interests
Duties engaged
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