Australia: Blitz on lawyers who fail to tell all

If this were happening in the USA, a lot of prosecutors and police would be facing jail

A crackdown has been launched against Queensland lawyers who allegedly withhold facts that could damage their clients' cases. Prominent Brisbane barrister Gerard Mullins, who is representing victims of rogue Bundaberg surgeon Jayant Patel, is the first of several lawyers to face charges of professional misconduct for allegedly failing to disclose critical information in lawsuits in which they appear. The Queensland Legal Services Commission, the independent body charged with investigating lawyers, has brought the action as part of a crackdown that could lead to fines and even the disbarment of barristers and solicitors found guilty of the charges.

The commission has accused Mr Mullins of failing to disclose the existing medical condition of a client he was representing in a 2003 claim for damages arising from a car accident. According to documents filed in the District Court in Brisbane, Mr Mullins's client, a builder, was left a quadriplegic after the motor accident. During mediation with insurer Suncorp Metway, the commission said Mr Mullins had argued that his 48-year-old client had a normal life expectancy. Suncorp settled the claim for more than $1 million. But the commission said that during the mediation, Mr Mullins became aware his client had been diagnosed with cancer that had riddled his body. In the documents, the commission said Suncorp would have settled for a "significantly lesser sum" if it had been made aware of all the facts. "Alternatively, to the knowledge of the respondent (Mr Mullins), if Suncorp had known the undisclosed facts, it would not have proceeded to negotiate a settlement of the claim until it had ascertained the claimant's true likely life expectancy," the commission said in its disciplinary claim.

"On September 19, 2003, the respondent advised his instructing solicitors in writing that neither the respondent nor his instructing solicitors were under any obligation to disclose to Suncorp the facts relating to thecancer. "It was the professional duty of the respondent to reveal the undisclosed facts to Mr Kent (Suncorp's counsel) and to Suncorp before any settlement was reached." Mr Mullins declined to comment on the action yesterday. The regulatory body was set up in 2004 after criticism of theperformance of the Queensland Law Society in investigating complaints against the legal profession.

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