SA barrister Madeleine Betro apologises to Full Court for ‘carelessly’ practising without a licence for seven months

This top lawyer has apologised for her ‘carelessness’ – but the Conduct Commissioner says that doesn’t change how serious her ‘misconduct’ was.

• Barrister ‘practised law in SA unlicensed’, court told

A barrister did not stop practising without a licence until the legal watchdog personally “confronted her” in court, face-to-face, “with her failures”, a court has heard.

In the Full Court on Wednesday, Madeleine Betro “unreservedly” accepted she had, and apologised for, working without a practising certificate for seven months.

The court heard she had been “careless” in not reading multiple emails, from both the Law Society and Legal Practitioners Conduct Commissioner Anthony Keane, that she had failed to renew her certificate.

Ian Robertson-Clark SC, for Ms Betro, said that was due to the fast pace and high demand of acting in Family Court matters, which taxed the “agility” of practitioners.

Unlicensed barrister Madeleine Betro and her husband, Liberal candidate for Morialta Scott Kennedy, outside the Full Court. Picture: Roy VanDerVegt

“She became aware in the very public way of being confronted by Mr Keane in the precincts of the court, on February 20, with her failings,” he said.

“She did not shirk her responsibility, she immediately stopped practising … she acknowledges it’s her fault this happened, that it’s a serious matter.

“She makes an unreserved apology to this court, and ask it’s accepted as genuine and recognised for the real contrition it conveys.”

In May, The Advertiser revealed Ms Betro – wife of aspiring Liberal MP Scott Kennedy – had been accused of practised law without a licence for seven months.

At that time, the court was told she failed to renew her $745 certificate despite repeated emails from the Law Society and Legal Profession Conduct Commissioner.

Her bid for a retroactive practising certificate drew ire from people involved in her cases, but the Family Court declined to rule at least one of her trials invalid.

Ms Betro has apologised and accepted full responsibility for her “careless” actions. Picture: Supplied.

On Wednesday, Mr Robertson-Clark said Ms Betro should be fined, given a retrospective certificate, and supervised by a fellow lawyer serving as a “mentor” for a period.

Mr Keane agreed that was appropriate – but urged the court not to “paper over” how serious her “misconduct” was.

“In NSW, Victoria, WA and Queensland, Ms Betro would be required to repay all the funds she earned (from clients) during the period in which she did not hold a certificate,” he said.

“The longer you go without a certificate, the more serious it is … we don’t have that law here (in SA).

“It’s not sufficient that the public should be satisfied she’s good at her job – the rules are there for a reason and we are not, as legal practitioners, above the rules.”

Justices Chris Bleby, Laura Stein and Ben Doyle have reserved their decision.