Wood v Robertson O'Gorman Solicitors Pty Ltd
[2022] QSC 24 · Bowskill SJA
Mr Wood hired Robertson O'Gorman Solicitors in 2018 to defend him against criminal charges, but the relationship broke down and the firm withdrew. Representing himself, Mr Wood later sued the firm for $3 million, claiming financial loss and psychiatric harm caused by what he called 'professional misconduct' under the Legal Profession Act. The firm asked the court to dismiss the case without a trial, arguing he had no legal basis to sue. The court agreed: 'professional misconduct' under that Act is a matter for the Legal Services Commissioner, not a claim an individual can bring in court for damages. The judge dismissed the proceeding and ordered Mr Wood to pay the firm's costs. The judge noted that if Mr Wood wanted to bring a negligence claim instead, he would have to start a fresh case and, for any personal injury part, comply with the required pre-court notice procedures first. He recovered nothing.
Incident & injury
Alleged professional misconduct/negligence by solicitors retained to act in criminal charges, claimed to have caused financial loss and psychiatric injury
- Body regions
- Psychiatric
- Diagnoses
- alleged depression, alleged anxiety
- Location
- Brisbane
Quick facts
- Date of judgment
- 4 March 2022
- Claim type
- Other
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Occupation
- Not stated
Outcome
The plaintiff, a self-represented former client, sued his former solicitors for $3 million for alleged 'professional misconduct' under the Legal Profession Act. The court held there is no private cause of action for professional misconduct and summarily dismissed the proceeding under r 293 UCPR, with costs against the plaintiff.
Key issues
Wood v Robertson O'Gorman Solicitors Pty Ltd [2022] QSC 24
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