SEARCH
Justinian News

Time's Up for Naughty Nathan ... Recommendation that horrible NSW solicitor be derolled ... Misuse of online funding campaigns ... Spraying ripe and abusive language ... Trolling Robert Beech-Jones ... So unfit and improper as to be beyond reeducation ... Anthony Kanaan reports ... Read more >>

Politics Media Law Society

Perils of the Defamatorium ... Lovely Linda Reynolds’ “victory” leaves her underwater … Politics, sex, law, and money … Injuries galore … The art of Tottling … Where’s the serious harm? … Trust me … Jurisdictional backwater ... Read more >> 

Free Newsletter
Justinian Columnists

Act of gracelessness ... Kathleen Folbigg's miserable ex gratia payout ... Comparable awards in other miscarriage cases ... Weasel words from the NSW Premier ... Need for a proper system of compensation assessment ... Procrustes in a lather ... Read more >> 

Blow the whistle

 

News snips ...


This area does not yet contain any content.
Justinian's Bloggers

Postcard from London ... Summertime - And the living' is easy ... Votes for 16-year olds ... Paralegal's theft by pen ... Spy helping British intelligence from his job at Border Force ... Super-injunction comes out of the shadows ... Feed them strawberries and cream ... Floyd Alexander-Hunt files from Blighty ... Read more >> 

"I actually never saw the President in any type of massage setting. I never witnessed the President in any inappropriate setting in any way. The President was never inappropriate with anybody. In the times that I was with him, he was a gentleman in all respects ... Trump was always very cordial and very kind to me. And I just want to say that I find, I admire his extraordinary achievement in becoming the president now."

Convicted sex trafficker Ghislaine Maxwell interviewed by Trump's former lawyer Todd Blanche, now Deputy Attorney General ... July 25, 2025. Interviews released by DOJ, August 22, 2025 ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and Betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Unprecedented assistance to morals monitor ... Plenty to think about ... Court reporter Ginger Snatch files ... Read more >> 

 

 

Justinian's archive

The Tamil Times ... The corruption wars ... Blitzkrieg from The Australian's legal affairs man ... Campaigns to sink ICAC and 18C ... Battles lost in the trenches ... Where are they now? ... Extravagant fulminations ... From Justinian's Archive, April 8, 2017 ... Read more >> 


 

 

« Twittering courts | Main | Word of the day is "client" »
Thursday
May102012

Triumph of remorse

Rehabilitation through admission … Admissions Board in Queensland loses five year battle to keep applicant off the jam roll … Court of Appeal smiles kindly on 66-year-old with an "unsatisfactory past" … Peta Smith reports 

Cohen v Legal Practitioners Admissions Board

In March Philip Cohen, 66, was admitted as a legal practitioner in Queensland after being repeatedly refused a place on the jam roll since 2007. 

The admission board's reasons for its insistent opposition to Cohen's application included his criminal history, bankruptcy, driving record, his attitude to company directorships and the dealings of his company, College of Financial Studies Pty Ltd.

In 2009, Cohen twice applied to the board for admission, but both attempts were opposed - the board noting: 

"The applicant needs to demonstrate objectively a general change in attitude beyond his own say so." 

In 2010, Cohen unsuccessfully sought to do pro bono work at community legal centres, but was knocked back because he was not a qualified solicitor. 

He assisted the DPP in a matter which led to the conviction of an offender. In December that year, his application was again opposed, the court saying: 

"The burden of the applicant's past is a heavy burden in this context and the burden of demonstrating suitability, notwithstanding, is therefore proportionately heavy."

Cohen began working for a Southport solicitor, Michael Dwyer, without pay. Dwyer recommended to the court that he be admitted.  

That application again was opposed by the board, and the court concluded that any evidence submitted in regard to Cohen's suitability should be in an affidavit so that the statements could be tested in cross-examination. 

In September 2011, Kerry Douglas, the principal at a firm where Cohen gave free legal assistance, provided an affidavit recommending his admission. 

Her statements survived lengthy cross-examination by Alan MacSporran for the board. 

Douglas said that Cohen conducted himself professionally and expressed remorse for his past conduct.

Reasons for the decision in March came down on April 20, from McMurdo, Applegarth and P. Lyons.  McMurdo P said:

"What can be said in Mr Cohen's favour on the issue of disclosure to the board is that, at least since 2009, it has been full and frank. He has shown persistence, resilience and determination in attempting to satisfy this court of the rightly stringent suitability requirements for admission which followed from his unsatisfactory past … 

More recently. he has obtained employment with Kerry Smith Douglas Lawyers although only for a period of six weeks. I would have been more readily persuaded of Mr Cohen's suitability had he worked for Ms Douglas for a greater period … 

There is no reason not to accept Ms Douglas's evidence that he is diligent, hardworking and competent and that he now has insight into his past failings and an appreciation of why this court has been cautious in admitting him to practice." 

It's heartening that a place can be found in the profession for bad drivers. Desperate persistence is its own reward. 

Peta Smith reporting ... 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.