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BENJAMIN SHAWN MORTON

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 501 WEST PERTH WA 6872
Case numberLegal Practitioners Complaints Committee v Morton [2006] WASAT 172
Date19 April 2006
HearingState Administrative Tribunal
OutcomeUnprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct

Allegation / charges

Unprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct

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

SanctionFine
Dishonesty foundNo

Benjamin Shawn Morton, a junior practitioner, admitted to neglect, unprofessional conduct and unsatisfactory conduct relating to a client's District Court action that was struck out for want of prosecution, and to failing to respond to a LPCC inquiry. The parties reached a resolution accepted by the WA State Administrative Tribunal. The Tribunal reprimanded him and imposed fines totalling $17,000 plus $10,000 costs. No dishonesty was found; the misleading-conduct allegations (VR 8 and VR 9) were not pressed and dismissed.

Duties found breached:

Aggravating factors:

  • Seriousness of neglect over about 12 months
  • Failure to advise client to seek independent legal advice regarding potential recourse against the firm, which practitioner appreciated the difficulties of

Mitigating factors:

  • Practitioner was very junior and relatively inexperienced at material times
  • Lack of supervision and mentoring from senior practitioners
  • Reliance on managing partner and colleague Mr Archer
  • Steps taken to rehabilitate reputation; positive references and testimonials
  • Firm seeking quality assurance approval and now focused on commercial rather than litigation work
  • Admissions of conduct

⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=17000", "unverified_costs_amount=10000"]

Duties engaged

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf