Darryl Richards

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

The respondent, a solicitor and former Legal Practitioner Director, failed to honour an undertaking given to the Legal Services Commission in January 2021 to enter a therapeutic relationship with a registered psychologist and provide a report by August 2021. The undertaking had been a key factor in the LSC discontinuing three investigations. The Tribunal, on agreed facts, found the conduct constituted professional misconduct. No dishonesty was found. Considering the respondent's mental health struggles, COVID-related difficulties, cooperation and remorse, the Tribunal publicly reprimanded him, imposed a $3,000 pecuniary penalty, prohibited him from obtaining a principal practising certificate for one year, required completion of a practice management course, ordered disclosure of the decision on future applications for five years, and ordered payment of the applicant's costs on the standard basis.

Duties found breached:

• No baseless or threatened misconduct report
• Honour professional undertakings

Aggravating factors:

• Held position of high responsibility as Legal Practitioner Director at time of conduct
• Undertaking was given to a regulator and was a key factor in the LSC discontinuing three investigations
• Prior disciplinary history (Legal Services Commissioner v Richards [2018] QCAT 128)
• Failed to notify the applicant of difficulties in complying until after the undertaking deadline had passed

Mitigating factors:

• Cooperated with the applicant throughout investigation and proceedings
• Admitted liability and agreed to facts and sanction at earliest opportunity
• Demonstrated insight, remorse and apology
• Mental health struggles and difficulty accessing services during COVID-19 pandemic
• Has since commenced therapeutic relationship with a registered psychologist and taken steps to comply
• Voluntarily ceased legal practice to address mental health needs