Peter Brown

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

Sole practitioner Peter Mitchell Brown was found to have engaged in professional misconduct in relation to dealings with an elderly client, Ms Smith, for whom he held an enduring power of attorney. He failed to invest her estate funds, charged $28,712 in fees without a costs agreement and paid those invoices using her funds via the power of attorney, and borrowed a total of $130,000 from her in breach of rule 12.3 of the Australian Solicitors Conduct Rules. The tribunal expressly found no dishonesty. He had made full reparation, cooperated fully and showed remorse. He was publicly reprimanded, fined $4000, required to undertake an ethics course, subjected to a practising certificate condition barring acceptance of powers of attorney, and ordered to pay costs.

Duties found breached:

• Act in the client's best interests
• Fair, reasonable and lawful fees
• No own-interest conflict
• No conflict between current clients
• No baseless or threatened misconduct report

Aggravating factors:

• Client was elderly (born 1928) and vulnerable, in aged care with high care needs
• Respondent held enduring power of attorney and abused that position of trust
• Conduct occurred over a considerable period of time
• Client not independently advised

Mitigating factors:

• No dishonesty involved
• Conduct out of character with otherwise unblemished professional record
• Full reparation made - repaid loan and invoiced amounts in full with interest
• Demonstrated insight and remorse
• Highly cooperative with investigation
• Numerous references attesting to good character
• No risk to public; compliant with practising certificate conditions
• Significant personal impact including sale of family home
• Some delay in finalising the matter