Fiona Jayne FYFE

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

Ms Fyfe, a Queensland solicitor, was found to have engaged in professional misconduct on four charges: failing to comply with a Law Society notice, failing to prosecute a client's criminal compensation claim causing loss of the client's rights, failing to have trust records externally examined, and engaging in legal practice without a practising certificate. The Tribunal expressly found the conduct was not dishonest but characterised by disorganisation, largely attributable to her depressive illness. She was publicly reprimanded, barred from a practising certificate for 12 months, restricted to employee-level practice for 2 years thereafter with medical reporting requirements, and ordered to pay costs on the Supreme Court scale (the LSC's request to fix costs at $5,000 was refused for lack of evidence).

Duties found breached:

• Uphold public trust in the profession
• Hold a current practising certificate
• No baseless or threatened misconduct report

Aggravating factors:

• Client (Mr Cotterill) deprived of statutory rights under the Criminal Offence Victims Act 1995
• Conduct spanned a range of aspects of the practice
• Failure to properly inform client and terminate retainer

Mitigating factors:

• No prior disciplinary history
• Suffered severe depression and anxiety, medical emergency and sexual assault during relevant period
• Conduct characterised by disorganisation, not dishonesty
• Cooperated via agreed statement of facts
• No longer holds a practising certificate and does not intend to practise law
• Difficulties caused partly by former partner Mr McNally's lack of cooperation