Lawyers Weeklu Australia
Former lawyer Issac Alexander Brott was unsuccessful in having the Victorian Civil and Administrative Tribunal (VCAT) set aside a costs agreement that required him to pay a total of $118,548.78 to boutique family law practice, Schetzer Constantinou Lawyers (SC Lawyers).
Brott was removed from the roll in 2011 after he pleaded guilty to four charges of misconduct at common law, which included commencing proceedings on behalf of two people without proper instructions.
Until that time, Brott had been a lawyer for almost 30 years.
After his former lawyers ceased acting for lack of funds, Brott retained SC Lawyers in June and October 2015 to assist with securing a partial property settlement in long-running family law proceedings.
The legal bills were then paid out of these funds, triggering a “long-running and unresolved dispute” between Brott and the firm. A costs court matter commenced in 2016 is ongoing but was put on hold pending the resolution of the VCAT costs agreement decision.
Brott claimed he was “emotionally, financially and psychologically vulnerable” at the time he entered the agreement.
He said his capacity to earn was gone, he had a complex medical history, and suffered from ongoing issues during the retainer.
Further, Brott said the firm misrepresented its estimated legal costs and lacked clear information he was unable to understand, which he submitted should lead to a conclusion it was not fair or reasonable.
SC Lawyers said there was no misrepresentation in the initial disclosure, it provided appropriate and timely updates, and costs increased due to the complexity and “difficulties” allegedly created by Brott’s insistence on giving directions on how the case should be run.
