MARTIN LEE SEGLER

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

Perth solicitor Martin Lee Segler was found guilty of professional misconduct for advising/encouraging his client (a builder whose registration had been cancelled) to continue carrying out building projects in breach of s 4 of the Builders' Registration Act, and of unsatisfactory professional conduct for giving the Legal Practitioners Complaints Committee a deliberately misleading response (falsely claiming a complaint had been referred to the CCC). Although the Committee argued the findings showed a lack of integrity and honesty, the Tribunal expressly declined to make a finding of dishonesty or untrustworthiness. In the supplementary penalty decision (11 March 2010) the Tribunal suspended his practising certificate for three months (professional misconduct) and two months (unsatisfactory professional conduct), to run concurrently, commencing 60 days after the order, and ordered him to pay costs of $9,674. No fine was imposed given the financial impact of the suspension.

Duties found breached:

• Disclose adverse law to the court
• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Prior disciplinary history (unprofessional conduct findings in 2001, 2003 and 2009)
• Lack of remorse and lack of insight into the unacceptable nature of the conduct; continued to justify the advice
• Serious potential consequences for the client (criminal prosecution)
• Practitioner's lack of preparedness, non-compliance with Tribunal directions and adjournments causing delay and additional expense

Mitigating factors:

• No member of the public or regulatory authority suffered actual loss, inconvenience or damage
• Financial hardship - sole practitioner whose suspension would severely affect his and his family's income (relevant to declining to impose a substantial fine)

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]