Skip to main content
discipline 3 October 2026
‹ Browse decisions

Decision record

ALBERT ERNEST CLARK

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — 15/44 Davies Road CLAREMONT WA 6010
Case numberLegal Practitioners Complaints Committee v Clark [2006] WASAT 119
Date2 and 3 February 2006
HearingState Administrative Tribunal
OutcomeUnsatisfactory Conduct

Allegation / charges

Unsatisfactory Conduct

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

SanctionOther
Dishonesty foundNo

The Legal Practitioners Complaints Committee alleged that Albert Ernest Clark was guilty of unsatisfactory conduct by acting in conflict of interest for an elderly (approx. 98-100 year old) client, preparing and arranging execution of a codicil under which he and his wife would receive $50,000 with payment priority. Clark recognised his duty to have the client independently advised and engaged an independent solicitor (Mr Sutherland), who took instructions but withdrew after learning of the Public Trustee's concerns and before completing the independent advice. Despite the independent solicitor never completing or giving the advice, Clark proceeded to arrange execution of the codicil. The Tribunal found this constituted unsatisfactory conduct because he could not have been satisfied that fully informed independent advice had been given. The Tribunal made no finding of dishonesty and expressly declined to rule on the client's testamentary capacity or the codicil's validity. Penalty was deferred to a later hearing.

Duties found breached:

Duties engaged

Documents

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