CARMEL MARY FITZPATRICK

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

In six combined proceedings under the Legal Profession Act 2008 (WA), the WA State Administrative Tribunal found solicitor Carmel Mary Fitzpatrick guilty of professional misconduct (and in one instance unsatisfactory professional conduct) for repeated neglect of client matters, knowingly and recklessly misleading clients, failing to serve a bill of costs, failing to deliver a client's file, failing to respond to the Complaints Committee, and misappropriating $3,200 in costs belonging to a client. One allegation (failing to relist a violence restraining order application) was dismissed. The Practitioner did not appear. The Tribunal recommended to the Supreme Court (full bench) that she be struck off the roll and ordered costs of $8,646 (fees $6,900 plus disbursements $1,746). Although misappropriation and knowingly misleading were found, the Tribunal did not make an express finding of dishonesty.

Duties found breached:

• Not mislead the court
• Complaints procedure and handling
• No conflict between current clients
• No improper use of client money
• Competence
• Diligence and timeliness

Aggravating factors:

• Repeated and sustained neglect of client matters over roughly two years
• Failure to participate in proceedings or provide any explanation
• Effective abandonment of professional responsibilities
• No reason to believe the cause of the conduct no longer exists; ongoing risk to the public