Skip to main content
discipline 3 October 2026
‹ Browse decisions

Decision record

MARTIN LEE SEGLER

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — 572 Hay Street PERTH WA 6000
Case numberLegal Practitioners Complaints Committee v Segler [2009] WASAT 91 and [2009] WASAT 91 (S)
Date2 July 2009
HearingState Administrative Tribunal
OutcomeUnsatisfactory Conduct by Unprofessional Conduct

Allegation / charges

Unsatisfactory Conduct by Unprofessional Conduct

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

SanctionReprimand
FineAUD 2,500
CostsAUD 4,500
Dishonesty foundNo

Martin Lee Segler, a WA legal practitioner, wrote a letter on his professional letterhead to a real estate agent (for his former landlord Mr Dortch) after partially winning residential tenancy proceedings in which he represented himself. The letter demanded payment of the judgment sum one day earlier than the Magistrate's seven-day order allowed, threatening an enforcement writ, and threatened to personally refer the landlord to the DPP with a recommendation for a perjury indictment. The Tribunal found the enforcement threat inappropriate and unjustified and the perjury threat entirely without foundation and designed to cause distress, amounting to unprofessional conduct. No express finding of dishonesty was made. In a supplementary decision, the Tribunal reprimanded Segler, fined him $2,500 (less than the $5,000-$6,000 sought), and ordered costs of $4,500, noting his lack of insight and prior disciplinary history.

Duties found breached:

Aggravating factors:

  • Threat of criminal proceedings made without foundation, intended to cause distress and fear
  • Use of professional letterhead in a personal dispute to lend weight to threats
  • Lack of insight and continued attempts to justify conduct during hearing and in penalty submissions
  • Prior disciplinary history - previously found guilty of unprofessional conduct on two occasions across six matters (2001 and 2003)
  • Over 28 years in practice, principally in criminal law, should have known no reasonable prospect of indictment

Mitigating factors:

  • Mr Dortch suffered no pecuniary loss
  • No evidence adduced that Mr Dortch actually suffered distress
  • Segler and his wife were the aggrieved and successful parties in the underlying dispute
  • Assurance offered that he would not engage in similar conduct again

Duties engaged

Other decisions involving this respondent

Matched by respondent name — may include a different person with the same name.

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf