MARTIN LEE SEGLER

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

The Full Bench of the Supreme Court of WA acted on a State Administrative Tribunal report finding Segler guilty of professional misconduct: failing to deposit trust monies for six clients, substantially failing to competently act in the Glusica matter, intentionally misleading the Family Court on three occasions, and failing to respond to the Committee's inquiries and summonses. Viewed against his poor disciplinary history (including prior findings of misleading the Magistrates Court and the Committee), the Court held he was not a fit and proper person to remain on the roll. It expressly noted the trust money misconduct did not involve dishonesty. The Court ordered his name removed from the roll and that he pay the Committee's costs to be taxed if not agreed.

Duties found breached:

• Not mislead the court
• No improper communication with the court
• Uphold public trust in the profession
• Competence

Aggravating factors:

• Extensive prior disciplinary history over 13 years including prior findings of misleading a court and the Committee
• Lack of insight and failure to accept responsibility
• Attempts to minimise or justify conduct and unfounded allegation of a vendetta by a senior practitioner
• Experienced practitioner, conduct not attributable to inexperience
• Repeated misleading conduct (Family Court, Magistrates Court, Committee)

Mitigating factors:

• Misapplication of trust money did not involve dishonesty and caused no loss to clients
• Some community and pro bono legal services
• Character references from former clients
• Hardship suffered from proceedings and ceasing practice