Former Bosscher Lawyers clerk sentenced over $10k fraud

A Brisbane law clerk who misappropriated more than $10,000 from his high-profile criminal law firm has been hit with an 18-month probation order for the crime.

Former law clerk Thomas William Strofield leaving Brisbane Supreme and District Courts. Photo: Tara Croser.

A Brisbane law clerk who misappropriated more than $10,000 from his high-profile criminal law firm has “destroyed” his legal career and been hit with an 18-month probation order for the crime.

Thomas William Strofield, the son of respected Queensland magistrate Colin Strofield, pleaded guilty in the Brisbane District Court on Thursday to a charge of fraud as an employee relating to his time working at Bosscher Lawyers.

Crown Prosecutor Mark Whitbread said over a period of 12 months up until September 2015, Strofield has misappropriated payments worth $10,300 from four clients of the firm.

Mr Whitbread said Strofield began working under lawyer Alexander Ralston Jones when he started at the firm in 2014 but later transferred to work under another lawyer Michael Frederick Bosscher and his duties included compiling legal briefs, appearing in court and conducting research.

“In addition to that he regularly pursued clients in relation to outstanding legal fees on the instruction of both Mr Bosscher and Mr Jones,” Mr Whitbread said.

“There were clients that routinely paid their fees in cash and he would collect cash from them and provide it either to Mr Bosscher and Mr Jones

“In respect of the offending specifically, during this time he misapplied six payments of legal fees from clients totalling $10,300, these fees were made by four different clients in relation to legal services to be rendered by the firm Bosscher Lawyers.”

Former law clerk Thomas William Strofield leaving Brisbane District Court. Photo: Tara Croser.

Defence barrister Greg McGuire represented Strofield, 33, whom he said had attended the prestigious Marist College at Ashgrove where he excelled in academics and sport.

After finishing school he worked as a landscaper for five years before starting a law degree and beginning work as a law clerk with Bosscher Lawyers in 2014.

“By the time he resigned in the August of 2016 he was only four units away from completing (the degree) and he’s given up any ambition to be lawyer,” he said.

Mr McGuire said a psychologist report tendered to the court revealed Strofield had long dreamt of a career in law and was left “demoralised and devastated” by the result of his offending.

Mr McGuire said on the crown case, it was alleged the “very large” firm ran into financial difficulty and a number of employees including Mr Bosscher “endeavoured to obtain as much legal fees in cash as they could”.

“So it’s within those circumstances that Mr Strofield was effectively used as the … person who would be sent to collect cash moneys, not exclusively, but was a significant part of his job,” he said.

“His instructions were to ‘chase coin’.”

Mr McGuire said it was important to note a complaint had never been made against his client by the firm or any of its staff.

“So with those circumstances in mind this is a very unusual case,” he said.

Judge Dean Morzone accepted Strofield’s crime had been committed in “in very unusual circumstances”.

Judge Morzone said Strofield had given significant portions of the cash to his principals.

“The rest which is estimated, I accept, somewhere between $2400 up to $5100 you kept for yourself,” he said.

“I do accept the environment in which you were employed as law clerk is one where you were influenced, encouraged and tasked by principal lawyers in doing what you did.

“But you were of sufficient skill and plainly as a layperson in any event, well aware what you were doing was wrong.”

Judge Morzone said Strofield, who is now an apprentice carpenter, had “destroyed” his legal career.

“This offending is not victimless though, it does impact upon those who would otherwise be beneficiaries of funds going to that corporate enterprise,” he said.

“Ironically those were likely to include the two men who were your supervisors and mentors.

“You have, through your offending, brought significant shame on yourself.”

Strofield was sentenced to 18 months’ probation and a conviction was not recorded.

Mr Jones is facing one charge of fraud relating to the alleged offending and Mr Bosscher is charged with nine fraud offences. They have not yet entered a plea.

Their cases will be mentioned again in the Brisbane District Court in December.

A fourth former employee of the law firm, lawyer Timothy Meehan, has already been jailed for his part in the alleged fraud. He pleaded guilty to one count of aggravated fraud and eight counts of fraudulently falsifying records.

Lawyer Michael Bosscher. Pic Annette Dew