Queensland solicitor Mr Alexander Kurschinsky was investigated and successfully prosecuted by the Legal Services Commissioner for failing to maintain the high professional standards expected of Australian legal practitioners.
After the Queensland Law Society (QLS) cancelled his practising certificate, Mr Kurschinsky continued to practice law and while doing so, took his client’s money without their knowledge or consent.
In all there were eight disciplinary charges brought against Mr Kurschinsky, including making false and misleading statements to the Associate of a Federal Circuit Court Judge, and making false and misleading statements in Court.
Legal Services Commissioner Mrs Megan Mahon said “bringing disciplinary action against Mr Kurschinsky reinforces the requirement for lawyers to maintain the highest ethical and professional standards.”
“Legal practitioners hold a privileged place of trust within our community and are afforded considerable confidence and responsibility” Commissioner Mahon said.
“To unashamedly take advantage of that position tarnishes the entire legal profession and brings, by association, the profession into disrepute.”
“Mr Kurschinsky placed his own self-interests above his professional obligations, his obligation to his clients, and his primary obligation to the Court” Commissioner Mahon said.
The decision of the Queensland Civil and Administrative Tribunal (QCAT) found the charges against Mr Kurschinsky were sufficiently serious and involved substantial failures of competence and diligence.
The Tribunal also found Mr Kurschinsky lacked the necessary qualities of fitness and propriety to engage in legal practice.
Mr Kurschinsky did not appear at the hearing. The Tribunal orders included Mr Kurschinsky be struck off the Roll of Legal Practitioners in Queensland, he pay a fine of $1,000.00, and that he pay the costs of the Legal Services Commissioner in relation to the disciplinary proceedings.
For more information on the details of the case see Legal Services Commissioner V Kurschinsky [2020] QCAT 182.