Reference no: EM133532583

Problem

Richard, aggrieved both by the amount he had been charged and Justine's conduct generally, laid a complaint with the Legal Profession Conduct Commissioner (LPCC). It transpired that, in addition, three barristers had also complained to the LPCC in relation to Justine's failure to pay counsel fees. The LPCC investigated the complaints. It asked Justine to provide information and explanations in relation to the various allegations. Justine failed to respond to some of the requests. Some of them were dealt with after a very long delay. She was very uncooperative on many occasions, causing further trouble and inconvenience. She finally announced that she would not renew her practising certificate for the foreseeable future; instead, she would take leave to consider her options. She has not practised law for 2 years. The LPCC referred the matter to the Legal Practitioners Disciplinary Tribunal, which determined that Justine was guilty of professional misconduct. The Tribunal recommended that disciplinary proceedings be commenced against Justine in the Supreme Court. The LPCC has brought proceedings in the Supreme Court, seeking an order that Justine's name be struck off the roll of legal practitioners.

Justine is resisting the strike-off application. She claims that she has an acute agitated depressive illness which has caused her to develop a compulsive phobic avoidance of dealing with complaints by clients and investigations. One of her psychiatrists has reported that there has been an improvement in her psychiatric condition recently, likely to be linked to the fact that she has not practised law for 2 years. He also noted that while she had 'not yet shown a consistent ability to be aware of the importance of external stresses, modify them or implement worthwhile stress reduction strategies', her psychiatric condition had somewhat improved with intensive treatment, but that she was not yet fully recovered.

Do you think that the court will order that Justine's name be struck off the roll of legal practitioners? What factors will the court consider in deciding this matter? Of what relevance is Justine's psychiatric condition? You must reference the relevant parts of the Legal Practitioners' Act (SA) 1981. Write 400 words with reference to specific parts of the Act and cases to support the answer.