‘Spare time reading’: Lawyer in trouble over group email about domestic violence

A Queensland lawyer who improperly disclosed private information from domestic violence and family law proceedings has been fined and ordered to undergo further training.

The law firm director sent a group email to 20 people including colleagues and friends, disclosing private information while representing his daughter in domestic court proceedings amid her marriage breakdown. Picture: Supplied

A Queensland lawyer who sent a group email improperly disclosing private information from domestic violence and family law proceedings has been fined and ordered to undergo further training.

The law firm director was representing his daughter in domestic violence court proceedings amid her marriage breakdown when he sent the email to 20 people including colleagues and friends marked “some spare time reading” in April 2020.

One of the recipients informed the lawyers' son-in-law of the email and a complaint was made to the Legal Services Commissioner which took disciplinary action against the practitioner in the Queensland Civil and Administrative Tribunal.

The LSC alleged the lawyer failed to maintain reasonable standards of competence and diligence by disclosing the sensitive information contrary to the Domestic and Family Violence Protection Act and the Family Law Act.

“Most concerning, in addition to having revealed that his daughter and her ex-husband were parties to a domestic violence proceeding and family law proceeding, the respondent also attached an affidavit by (his daughter) and the submissions he had prepared for the hearing and which he had sought to rely on to strike out (his son-in-law’s) domestic violence application,” Justice Sue Brown wrote in a QCAT decision published this week.

The law firm director sent a group email to 20 people including colleagues and friends, disclosing private information while representing his daughter in domestic court proceedings amid her marriage breakdown. Picture: Supplied

“Those documents revealed sensitive personal matters in relation to MDK and matters relating to MDK and KLK’s children.

“While the domestic violence proceedings had come to an end by that stage, that disclosure showed a significant lack of professional judgment in revealing such content and in not investigating whether such disclosure was permissible under the relevant legislation.”

After being contacted by the LSC in May 2020, the lawyer wrote to the 20 recipients of the original email in November that year, stating his earlier correspondence had been inappropriate and asking it be deleted.

In June 2021, he also wrote to his former son-in-law to apologise for the disclosure.

The tribunal took into account that at the time, the lawyers' professional judgment was “clouded by emotion”.

It accepted submissions he was operating under an oppressive workload, poor mental health and was feeling worried for his daughter.

“It was however a dereliction of professional duty in relaying the contents of the email to friends and colleagues in the context of highly sensitive and personal matters,” the tribunal wrote.

“In particular, attaching the affidavit material and submissions as to his daughter and grandchildren’s circumstances and submissions made in relation to MDK was on any view improper.

“The respondent gave no consideration to the effect of that conduct upon MDK or his grandchildren.”

QCAT found the lawyers' conduct amounted to unsatisfactory professional conduct, reprimanded him and ordered he pay a $1500 fine.

He will also be required to undertake a domestic and family violence education course.