Legal Services Commissioner v Scroope [2012] NSWADT 107

Legal Services Commissioner v Scroope [2012] NSWADT 107

Mr Scroope's conduct in preparing the narrative bill of costs, resulting in the charging of grossly excessive costs to Ms Meng, amounted to professional misconduct due to lack of diligence, oversight and competence expected of an accredited specialist, despite systemic failings and absence of personal profit.

Jurisdiction
Australia
Judgment Date
04 June 2012
Procedural Posture
Disciplinary Application / Final Determination
Outcome
Finding of professional misconduct; reprimand; fine; costs order.
Legal Topics
['professional Misconduct' 'legal Costs' 'overcharging' 'supervision of Legal Practice' 'misrepresentation of Costs' 'personal Injury']
['professional Discipline'] ['professional Misconduct' 'legal Costs' 'overcharging' 'supervision of Legal Practice' 'misrepresentation of Costs' 'personal Injury']

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Procedural Posture

Disciplinary Application / Final Determination

Legal Issues

  1. 1 ['Whether conduct in preparing a narrative bill of costs resulting in grossly excessive charges constitutes professional misconduct' 'Extent of responsibility for overcharging and misrepresentation of costs' 'Appropriate disciplinary orders for the practitioner']

Ratio Decidendi

Mr Scroope's conduct in preparing the narrative bill of costs, resulting in the charging of grossly excessive costs to Ms Meng, amounted to professional misconduct due to lack of diligence, oversight and competence expected of an accredited specialist, despite systemic failings and absence of personal profit.

Court Disposition

Finding of professional misconduct; reprimand; fine; costs order.

Orders

  • ['The conduct of Philip Scroope in preparation of the narrative bill resulting in grossly excessive charges constitutes professional misconduct within the Legal Profession Act 2004.' 'Philip Scroope is reprimanded.' 'Philip Scroope is fined $5,000, to be paid within 28 days.' 'Philip Scroope shall pay the costs of...