Disciplinary Law

At Potts Lawyers we are very experienced in acting for health professionals during investigations by the Office of the Health Ombudsman, the Australian Health Practitioners Regulatory Authority, and Blue Card Services.

If you are a health practitioner, whether it be a doctor, nurse, pharmacist or other health professional, you may be required to notify AHPRA or Blue Card Services with respect to allegations being made about your conduct.

It is important to realise that your duty to disclose issues of alleged conduct may be triggered even if you are wholly innocent of the allegations.

We assist clients in making the appropriate notification, providing submissions in response to allegations and if required, providing advice and submissions with respect to any mitigating factors.

Depending upon the situation, this process may require appropriate counselling measures and expert evidence reporting your insight into the matters raised, and in the expert’s opinion, the risk of the conduct occurring again.

We have helped many health professionals retain their license and ability to practice in their chosen occupation.

Our Managing Director, Rob Franklin, is a member of the Queensland Law Society Ethics Committee, while our Litigation Director, Craig DoRozario, is a member of the Queensland Law Society Disciplinary Law Committee.

As members of these committees, both Rob and Craig have expertise and experience acting in ethical and disciplinary matters involving legal practitioners.

Through the Ethics Committee, Rob Franklin is on the Queensland Law Society’s Free Legal Advice Panel which provides lawyers with 6 hours of funded legal advice from the law society.

In addition, if facing a Legal Services Commission complaint, your applicable insurance policy may fund your legal fees for advice and representation provided by our specialised litigation team.

Potts Lawyers has successfully represented lawyers in various matters, including:

• Making the required notification to the QLS concerning alleged criminal conduct or a criminal conviction;
• Providing submissions as to the legal practitioner being fit and proper to continuing practicing;
• Assisting lawyers in responding to the QLS regarding a recent trust account audit or investigation;
• Providing submissions to the LSC in response to a complaint made by a disgruntled client;
• Assisting in responding to the LSC throughout its investigation including making potential public interest submissions; and
• Navigating the legal practitioner as to the proper process, procedure and arguments to raise when facing disciplinary proceedings.

The expertise of our litigation team makes us best placed to assist you with your ethical or disciplinary query.

Becoming admitted to practice as a solicitor is a very exciting time – especially after several years of university study followed by practical legal training.  In order to become admitted however, you must apply to the Legal Practitioners Admissions Board and file an affidavit about your suitability for admission to practice as a solicitor.

During this process, you have a duty to be full and frank in your disclosure with both the Board and the Supreme Court.  This can pose issues should you have a prior history of numerous traffic violations, criminal charges or convictions.

If you think you might have suitability issues, it is important to obtain advice prior making disclosure to the Board.  This is because incomplete initial disclosure might be regarded as evidence as to why you are unsuitable to practice law.

At Potts Lawyers, we regularly provide advice to clients who are law students about how to best deal with suitability issues.  We can assist you apply for early consideration of suitability by the Board and provide advice regarding maximising your prospects of your admission becoming a smooth and enjoyable process.

As with many professions, teachers have serious professional obligations with respect to disclosing and responding to conduct issues, as well as notification as to health issues.

We are able to assist education professionals make the appropriate notifications and submissions, no matter how trivial or serious the issues are.

If you are an education professional facing an enquiry or show cause notice into your conduct, it is important that you obtain early legal advice.

Teachers facing disciplinary matters or are subject to investigations by the QCT should get in touch with an expert lawyer as soon as possible.

In the real estate game your reputation is everything.  We understand the stress placed on our clients who are facing disciplinary action from the Office of Fair Trading or the prospect of notifying conduct issues and dealing with the consequences.

At Potts Lawyers, we have successfully represented real estate agents and valuers in defending and resolving disciplinary action brought by regulatory bodies.

We are able to provide you with quick, no-nonsense advice about notification obligations, mitigation strategies and assist you to resolve your disciplinary matter efficiently, and where possible, without damage to your professional reputation.

The finance industry can be rather volatile.  As soon as the market heads south, the claws come out.  Naturally, complaints rise as former clients try to point the finger and lay blame when their investment is suffering a loss, mainly with a view to recouping that loss.

Whether you are an accountant, financial advisor or insolvency practitioner, we are experienced in protecting your interests.  If you are facing a complaint that cannot be resolved and has escalated to internal disciplinary action, or an ASIC investigation into your alleged conduct with the potential for a banning order to be handed down, contact the litigation team at Potts Lawyers straight away.

The earlier we can step in and assist you, the better your prospects at successfully responding to the investigation or disciplinary proceedings, and retaining your licence to practice in your chosen field.

Such investigations and disciplinary proceedings are guided by the rules of natural justice and procedural fairness but unfortunately, these guidelines are not always followed.  At Potts Lawyers, we take steps to ensure your investigator is acting impartially, and not automatically siding with the complainant in light of their financial losses.  At all times, we reserve your rights to confidentiality, natural justice and procedural fairness.

Your practising licence is your livelihood, and must be protected at all costs. Contact us today for an obligation free chat regarding your situation.