Jeffrey Leslie GARRETT

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

The respondent solicitor instructed counsel (Mr Mullins) at a mediation of his client's personal injury claim against Suncorp. After learning the client had secondary cancers that invalidated the life-expectancy assumptions in expert reports already provided to the insurer, the respondent remained silent at the mediation, allowing the insurer to settle on the basis of discredited assumptions. Relying on counsel's flawed advice was not a mitigating factor in characterising the conduct. The Tribunal found the respondent practised a fraudulent deception amounting to professional misconduct, expressly finding dishonesty. He was publicly reprimanded, fined $15,000, and ordered to pay costs, consistent with the earlier Mullins decision.

Duties found breached:

• Disclose material information to client
• No baseless or threatened misconduct report

Aggravating factors:

• Respondent had independent responsibility as solicitor throughout the mediation
• Advice relied upon was patently flawed and should have been apparent to the experienced respondent

Mitigating factors:

• No previous adverse disciplinary findings
• Perceived by peers as competent, diligent and honest practitioner; highly regarded in community
• Isolated incident where respondent mistakenly relied on counsel's advice
• Cooperation with the Legal Services Commission and confined issues at hearing
• Genuine appreciation now of wrongdoing; highly unlikely to repeat
• Time pressures between disclosure of cancer facts and mediation