DEAN RICHARD LOVE

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

The practitioner created a website mimicking Legal Aid WA's application form so that applicants' information was secretly diverted to him, enabling him to submit legal aid applications and be appointed to act. In Ms P's case he fabricated missing information, falsely represented she had signed the declaration, and certified the case had merit without consulting her or having reasonable grounds. He consented to a finding of professional misconduct. The Tribunal found the conduct disgraceful and dishonourable, involving intentional deception, and that he was not a fit and proper person to remain in practice. It transmitted a report to the Supreme Court (full bench) recommending his name be removed from the roll, and ordered him to pay $5,500 costs within 30 days. The Committee's request to bar grant of a practising certificate was refused as outside the Tribunal's power.

Duties found breached:

• Proper basis for allegations
• Not mislead third parties or opponents
• Uphold public trust in the profession
• No improper solicitation or touting

Aggravating factors:

• Intentional deception, false representations and fabrication of information
• Deprived other panel practitioners of the opportunity to be instructed
• Prior findings of unsatisfactory professional conduct on three separate occasions showing conduct was not isolated
• No remorse demonstrated; described conduct only as 'stupid'
• Failure to appreciate the impropriety of his conduct (unacceptable explanation regarding merits certification)
• Misuse of a publicly-funded legal aid system with limited resources

Mitigating factors:

• Consented early to findings of professional misconduct
• Completed four ethics courses of his own volition
• Undertook psychiatric evaluation (diagnosed with ADHD, though not raised as excuse)
• Positive character references from senior practitioners (given little weight)
• Financial hardship after ceasing practice
• Accepted he should be supervised if returning to practice