Drew Adrian KELLAHAN

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

Mr Kellahan, a solicitor holding a non-principal level practising certificate, undertook private legal work (matrimonial matters) for Mr Newitt outside his employment, in breach of the Queensland Law Society Act, without professional indemnity insurance. He also made a careless misrepresentation about funds being transferred to a trust account and failed to respond to Law Society notices for 7 months. Both parties agreed the conduct amounted to professional misconduct but did not involve dishonesty or deceit. The Tribunal accepted the conduct reflected carelessness and a lack of understanding of his responsibilities rather than dishonesty. He was publicly reprimanded, barred from a practising certificate for 3 years with supervision and ethics retraining conditions on return, ordered to pay Mr Newitt $75,000 and pay $5,000 costs.

Duties found breached:

• No improper communication with the court
• No improper use of client money
• Hold a current practising certificate

Aggravating factors:

• Offending involved both ethical and organisational oversights
• Delay of about 7 months in responding to the Society's correspondence and notices
• Made spurious claims to justify his conduct

Mitigating factors:

• Genuine but mistaken belief he was entitled to act for the client
• No deliberate dishonesty or deceit
• No previous disciplinary findings
• Has not practised law since May 2009 and voluntarily surrendered practising certificate
• Acknowledged delay and apologised to the Society
• Willing to repay $75,000 to Mr Newitt and had begun repayments
• Cooperated via agreed statement of facts and joint submissions