Former law firm director blamed chronic alcoholism for professional misconduct over eight years
A former West End law firm director has been fined $10,000 for failing to act competently and improperly dealing with clients’ trust money, for his own benefit.
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A FORMER head of a Brisbane law firm has been fined $10,000 for failing to act competently and improperly dealing with clients’ trust money, for his own benefit.
James Beresford Loel, who was a director of West End law firm Lillas and Loel, blamed chronic alcoholism, triggered by business and family stresses, for his failings.
“The offending conduct in this case occurred over a protracted eight year period, and included one instance of conduct tainted by dishonesty,” a tribunal president said.
“Much of the conduct was also characterised by what can be seen as an attitude of recklessness to the proper treatment of monies held in trust.”
Queensland Civil and Administrative Tribunal found Mr Loel, 62, had engaged in professional misconduct and unsatisfactory professional conduct.
Mr Loel admitted to 13 disciplinary charges over his conduct, between 2007 and 2015.
He was charged with improperly dealing with his clients’ trust money for his own benefit, by twice transferring money from his law firm’s trust account without clients’ permission.
Mr Loel, a solicitor for 38 years, also was charged with failing to maintain reasonable standards of competence and diligence while representing clients.
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Tribunal president Justice Martin Daubney said the law practice benefitted from Mr Loel’s dishonest conduct and his actions caused significant loss
The tribunal heard Mr Loel built up a law firm of 60 staff from scratch, but by 2006 he was involved with stressful litigation with a former business partner.
He also had significant family issues, with a son who had problems with mental health, drugs and violence.
Mr Loel turned to alcohol to cope with the pressures, drinking heavily daily in what he described as a “mindless attempt to numb the concerns” of the stresses in his life.
“The situation with his troubled son became increasingly problematic, and caused constant stresses in the life of (Mr Loel) and his family,” Justice Daubney said.
Mr Loel described the period from 2014 to 2016 with that child as being a “downward progression” which was “akin to living in a nightmare”.
After Mr Loel’s son died “in tragic circumstances” on Christmas Day, 2016, he vowed to give up alcohol.
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The tribunal heard Mr Loel had expressed remorse and shame, personally apologised to clients and had repaid some money.
A psychiatrist reported that Mr Loel, now sober, had achieved significant rehabilitation.
In recent years Mr Loel had worked on a real estate development project.
Mr Loel, who lost his practising certificate in 2018, is now barred from obtaining a principal practising certificate for a year after being granted an employee practising certificate.
On September 10, the tribunal also ordered that he be publicly reprimanded.