DAVID CHARLES LEASK

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

The practitioner, a Western Australian solicitor, was found guilty by the State Administrative Tribunal of professional misconduct for failing to progress two clients' personal injury claims over several years and for knowingly making false/misleading representations to one client (Mr B) on eight occasions about the status of his case, along with failing to carry out work for another client (Mrs K). He had a prior disciplinary history. The LPCC initially sought striking off but, following the practitioner's engagement in cognitive behaviour therapy and development of insight, the Full Bench (with parties' consent) declined to strike off. The court found the practitioner was not intrinsically dishonest nor lacking in integrity, attributing his conduct to a psychological procrastination/avoidance characteristic and noting the absence of any financial gain motive. Orders: no practising certificate before 1 July 2015 (on his undertaking), future certificate conditional on supervision affidavit and medical fitness report, a permanent condition restricting him to supervised practice, application otherwise dismissed, and the practitioner to pay the LPCC's costs of the motion (to be taxed).

Duties found breached:

• Not mislead the court
• Competence
• No baseless or threatened misconduct report

Aggravating factors:

• Prior disciplinary history - 2006 findings involving failure to respond to LPCC ($1,500 fine) and undue delay/unprofessional conduct involving false representations to a client ($7,000 fine)
• Repeated false/misleading representations to a client over more than four years
• Misconduct affecting multiple clients

Mitigating factors:

• Psychological explanation for behaviour (avoidant-obsessive personality causing procrastination/avoidance), not major mental or personality disorder
• No financial gain motive; practitioner in fact paid Mr B significant sums of his own money to 'tide him over'
• Development of insight and undertaking of cognitive behaviour therapy, going to considerable lengths to obtain treatment
• Otherwise good reputation for competence, ability, pro bono work and modest fees; held in high regard by clients and colleagues
• Frank and forthright dealings with current employer, who was aware of the allegations
• Intention never to practise on own account again; acceptance of supervised practice
• Cooperation via agreed statement of facts and admissions