JOHN CONNOR BENARI

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

A sole practitioner allowed his experienced senior law clerk to see and advise a workers compensation client, handle the file and correspond throughout, without adequate supervision. On termination of instructions he rendered an account charging the clerk's time at $240/hour plus GST, adding a 'loading' for his own alleged involvement, which the Tribunal found was grossly excessive since he had done little material work. The Tribunal found him guilty of neglect (inadequate supervision) and unprofessional conduct (overcharging), but not guilty of constructively misrepresenting the clerk as a lawyer. No dishonesty was found. He was reprimanded on the neglect finding, fined $2000 on the overcharging finding, and ordered to pay $5000 costs.

Duties found breached:

• Fair, reasonable and lawful fees
• Supervise staff and delegated work

Aggravating factors:

• Special relationship of trust and confidence between practitioner and client; overcharging reflects poorly and there was no justification for the loading
• Account rendered because practitioner was 'cross' with client after termination of instructions
• Practitioner declined to particularise his involvement to the Complaints Committee until the hearing, refusing to cooperate

Mitigating factors:

• Long previous record and experience as a practitioner
• Tribunal confident deficiency would be remedied quickly and not recur
• No suggestion the client had been wrongly advised
• Successfully defended the third complaint (constructive misrepresentation)