Jeffrey Leslie GARRETT

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

Garrett, an experienced personal injuries solicitor, instructed counsel (Mullins) at a mediation of a client's quadriplegia claim against Suncorp. After learning that the client had secondary cancers that undermined the life-expectancy assumptions in earlier Evidex reports already provided to the insurer, the respondent remained silent at the mediation while those reports and a schedule of damages continued to be relied upon. Suncorp settled for substantially more than it would have had it known the cancer facts. The Tribunal found the respondent, by remaining silent, practised a fraudulent deception analogous to that of Mullins, constituting professional misconduct. Reliance on counsel's flawed advice explained but did not excuse the conduct. The respondent conceded dishonesty. He was publicly reprimanded, fined $15,000, and ordered to pay the applicant's costs.

Duties found breached:

• No taking unfair advantage
• Disclose material information to client
• No baseless or threatened misconduct report

Aggravating factors:

• Independent responsibility as solicitor for the client throughout the mediation
• Advice relied upon was patently flawed and should have been apparent to an experienced practitioner

Mitigating factors:

• No previous adverse disciplinary findings
• Isolated incident
• Mistaken reliance on counsel's advice / erroneous understanding of professional obligations
• Cooperation with the Legal Services Commission and confined issues at hearing
• Good character references; regarded as competent, diligent and honest practitioner
• Genuine remorse and insight; unlikely to repeat conduct
• Time pressures between disclosure of cancer facts and mediation