Decision record
Douglas Laing MCCLELLAND
Allegation / charges
Guilty of professional misconduct on 1 charge Guilty of unsatisfactory professional conduct on 1 charge - except in respect of particular 2.2(b) which was not established
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
A Gold Coast sole practitioner faced two charges. The first (professional misconduct) was breaching Rule 78 by sharing his conveyancing fees ($1,000 of $2,500) with an unqualified person, Ms Mullins/Simply Conveyancing, in 32 transactions, facilitating illegal conveyancing work. The second (unprofessional conduct) was failing to provide lawyer's certificates to purchasers in 16 transactions under s 365B of the PAMDA. Both charges were established (save one particular). No dishonesty was found. The Tribunal imposed a public reprimand for the first charge, suspended his practising certificate for four months, and ordered him to pay the applicant's costs.
Duties found breached:
Aggravating factors:
- Arrangement crafted with care to avoid perception of sharing receipts
- Facilitated illegal conveyancing by an unqualified person
- Created undesirable uncertainty as to identity of purchaser's solicitor
- No indication he would have terminated the arrangement had it not been detected by the Law Society
Mitigating factors:
- Cooperated with the Commission during investigation
- Took steps to ensure future compliance (undertaking to Office of Fair Trading, agreed to file audits)
- No other adverse disciplinary findings
- Did not lie to a Law Society officer (distinguishing him from Adamson)
- Terminated the arrangement once detected
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register