This information sheet provides information concerning Ms Smith’s prohibition from legal practice in Queensland and New South Wales.
We discuss the possible compensation options for clients who have been a victim of Ms Smith, who was found to have deceived and defrauded her clients, including grossly excessive professional fees and charges, and the misappropriation of significant sums of money held in trust.
If you or someone you know have retained Ms Smith to provide legal services, it is important to understand your potential legal options in relation to any loss and damage you may have sustained while a client, or as the result of any error on her part. It is important to act promptly as there are time limits which apply to claims on the Law Society Fidelity Funds, as well as actions in professional negligence and intentional torts.
Who is Ms Smith?
Ms Smith was an accredited specialist in succession law, operating as a sole practitioner, and trading as ‘Smith Legal Solutions’. She was admitted to practise in Queensland and New South Wales and had been practising law since 1994 (first admitted under her maiden name of Brewer).
What were the complaints against Ms Smith?
The “common theme” identified by the QLD Legal Services Commissioner was that Ms Smith would:
1. Have her clients execute a Will or Power of Attorney, appointing herself as executor (or attorney for financial matters), the terms of the Will recommending the respondent engage her own firm as the “lawyers of the Estate”.
2. Include a clause in the applicable legal instrument purporting to permit professional costs to be charged both for work performed as Executor and solicitor, or a professional rate for work completed as an attorney, respectively; and then
3. Enter into cost agreements with her own firm and invoice herself as executor or Power of Attorney for such “work”, often grossly exaggerating professional fees and intermittently double-charging clients.
To read more about the case, please follow the following link for the Reasons for Decision published by the Queensland Civil and Administrative Tribunal (QCAT): https://www.sclqld.org.au/caselaw/QCAT/2021/345
What did the authorities do to protect the public from Ms Smith?
According to the QCAT decision issued 25 October 2021:
1. Pursuant to s 456(2)(a) of the Legal Profession Act 2007 (Qld), an order is made recommending that the name of the respondent, also known as Tracey Anne Brewer, be removed from the local roll.
2. Pursuant to s 456(3)(a) of the Legal Profession Act 2007 (Qld), an order is made recommending that the name of the respondent be removed from the New South Wales roll.
3. The respondent shall pay the applicant’s standard costs of and incidental to this discipline application, such costs to be assessed as if this were a matter in the Supreme Court of Queensland.
What can clients affected by Ms Smith do?
Clients affected by Ms Smith have a number of avenues of recourse:
1. Claims for Compensation from Fidelity Guarantee Fund
If a client has been the victim of fraudulent dealing with respect to trust property, or Ms Smith failed to pay or deliver trust money /property received by her, affected clients can apply for compensation for pecuniary loss by way of application to the Queensland Law Society.
Similarly, affected clients can apply to the Law Society of New South Wales if Ms Smith was retained to act in a New South Wales matter. Compensation claims may also include interest and legal fees, as applicable.
2. Court Proceedings for Damages
Secondly, clients can make a common law claim for professional negligence and/or intentional tort for loss and damage as the result of breaches of duty of care – as well as any other intentional wrongful acts (such as fraud) perpetrated against them – by Ms Smith (a person in a position of trust and power) while she was acting for those clients.
What are the steps in making a claim against Ms Smith and ‘Smith Legal Solutions’?
Contact Us
We can speak with you either in person, by audio visual means, or by telephone, by way of a free initial consultation – in order to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate. Call us on 02 4050 0330 or make an appointment here.
Obtain Your Relevant Documents
If we agree that your case has prospects of succeeding, we will request your relevant records (as well as any relevant police records). Once we have reviewed those records thoroughly, we will advise you whether we think there is merit in pursuing a claim.
Court Proceedings
Once we have the supporting documents and evidence necessary to commence court proceedings, we can do so on your behalf and act for you in those proceedings until the case is resolved
Are there time limits in making a claim against Ms Smith and/or Smith Legal Solutions
Yes, generally six (6) years from the date on which losses were realised.
For Fidelity Fund claims, 6 months after a prospective claimant becomes aware of the default.
It is extremely important to speak with a solicitor as soon as possible if you think you have a claim.
