Disgraced lawyer loses practise ban appeal
A HIGH-profile criminal lawyer who repeatedly breached bail conditions while on fraud charges has lost his appeal against cancellation of his practising certificate.
A tribunal agreed with Queensland Law Society that Adam Raydon Magill is not a fit and proper person to hold a practising certificate and it should be cancelled.
Queensland Civil and Administrative Appeals Tribunal president Justice Martin Daubney said Magill's conduct indicated a "cavalier attitude'' to a basic, essential attribute of a practising solicitor.
"A person who repeatedly breaches promises which have been solemnly given is not a person in whom the judiciary, the profession and the public can have confidence as a legal practitioner,'' Justice Daubney said.
The tribunal was not satisfied Magill had the personal character and professional capacity to command confidence, respect and trust of the judiciary, the profession, clients and the public.
"Nor is it satisfied that (Magill) can be relied on in the predictable future to obey and uphold the law,'' Justice Daubney said.
Magill is facing criminal charges, including money laundering, fraud on Legal Aid Queensland, fraud on law firm Lawler Magill and falsifying a fee memorandum.
He is yet to face a hearing on the criminal charges, resulting from an 18-month Crime and Corruption Commission investigation. He is denying the allegations and will defend the charges.
Magill was found guilty in June last year of breaching a bail condition by contacting a Crown witness, a barrister, whom he was barred from contacting
In August last year, Magill also pleaded guilty to five further breaches of bail, by communicating with his law firm co-director Neil Lawler and Crown witnesses.
In his submissions for a review, Magill said his mental health declined in 2017 and he was diagnosed with anxiety and major depressive disorders.
His lawyer claimed his mental health and alcohol problems affected his extremely poor judgment at the time of the bail breaches.
But the tribunal did not accept that as a reason to justify the breaches.
Justice Daubney said it was not suggested Magill's conduct involved dishonesty or financial gain or that he intended to interfere with Crown witnesses.
"It remains the case that an experienced solicitor breached his bail undertakings on six occasions, including on two separate occasions after he had been found guilty of first breaching his bail undertaking,'' Justice Daubney said.
The tribunal rejected Magill's offer to accept conditions on his practising certificate, including regular check-ups with doctors and psychiatrists.
Originally published as Disgraced lawyer loses practise ban appeal