Benjamin O’Brien: HW Litigation solicitor reprimanded for professional misconduct

A Gold Coast lawyer has been fined and publicly reprimanded for omitting to tell the Queensland Law Society about a series of traffic-related matters he was required to disclose.

Gold Coast lawyer Benjamin Joseph O'Brien, of Southport firm HW Litigation. Picture: Gold Coast District Law Association

A Gold Coast lawyer has been fined and publicly reprimanded for omitting to tell the Queensland Law Society about matters including the loss of his licence and the breach of a good-behaviour bond.

Benjamin Joseph O’Brien, who was admitted as a lawyer in 2015 and is currently a solicitor with Southport commercial litigation firm HW Litigation, was found to have engaged in professional misconduct over the lapses in his disclosure.

According to a June 17 decision of the Queensland Civil and Administrative Tribunal, Mr O’Brien was charged by the Legal Services Commissioner with two counts each of failing to disclose a ‘suitability matter’ when applying to renew his practising certificate, and making false declarations.

The breaches arose from his renewal applications with the Queensland Law Society (QLS) in May 2021 and again the following May, the tribunal heard.

Legal Services Commissioner Megan Mahon. Picture: LinkedIn

In his May 12, 2021 renewal application, Mr O’Brien failed to disclose a March 27, 2021 speeding ticket for which he was fined $177 for travelling less than 11km/h over the limit, and falsely declared he was not subject to any suitability matters that may affect his suitability to hold a practising certificate.

And in his May 25, 2022 renewal application, Mr O’Brien again failed to disclose a March 21, 2022 speeding ticket for which he was fined $183 for travelling less than 13km/h over the limit, and made a false declaration.

The tribunal accepted Mr O’Brien did not knowingly make false declarations and that the speeding was not deliberate.

The tribunal also considered Mr O’Brien’s wider traffic record, which does not make for pretty reading.

The history, dating back to 2015, appeared to show a pattern of failing to disclose the matters to QLS, although those apparent failures did not form a part of the current proceedings.

Mr O’Brien received speeding tickets on June 24, 2015 ($277 for 13–19km/h over the limit) and July 17, 2015 ($235 for 13–19km/h over the limit) which were not declared or disclosed for his 2015–16 renewal.

He received further tickets on May 19, 2016 ($235 for 13–19km/h over the limit); August 31, 2016 ($365 for using a mobile phone while driving); October 18, 2016 ($243 for 13–19km/h over the limit); and November 23, 2016 ($365 for using a mobile phone while driving).

Amid those tickets, he became subject on September 26, 2016 to a one-year good driving behaviour period, which resulted in a licence suspension on December 21, 2016 due to further accumulation of points during the subject period.

He was subsequently granted a special hardship order allowing him to continue driving, during which Mr O’Brien swore an affidavit acknowledging “my actions have fallen short of the standard required of the normal driver, and even further short of the standard of a lawyer”.

He did not disclose or declare those traffic matters in his 2017–18 renewal application, the tribunal heard.

Mr O’Brien did, however, disclose the good driving behaviour period and his licence suspension in his 2018–19 application, resulting in the QLS requiring him to undertake an ethics course.

The tribunal heard a number of character references from more senior members of Mr O’Brien’s firm were tendered on his behalf, attesting to his “full and frank” disclosures to them about the current proceedings, his remorse, and his otherwise being an “ethical lawyer”.

The tribunal found the charges proven and ruled they constituted professional misconduct.

Mr O’Brien was fined $4000, publicly reprimanded, made to pay the commissioner’s costs, and ordered to undertake a QLS remedial ethics course.

Originally published as Benjamin O’Brien: HW Litigation solicitor reprimanded for professional misconduct