The Independent Legal Services Commission (ILSC) has found Suva-based lawyer Peter Lowing guilty of professional misconduct after he was accused of sending abusive and offensive emails to a client during legal representation.
The Commission, in a decision delivered by Commissioner Justice Daniel Goundar on September 30, found that Mr Lowing’s conduct towards his client, Barry Atkinson, between January and June 2015 constituted a “substantial failure” to uphold the standards required under the Legal Practitioners Act 2009.
Mr Atkinson, an Australian and British citizen, testified that Mr Lowing had represented him in an employment contract dispute and that communications, particularly via email, had become increasingly rude and used demeaning swear words as the case approached trial.
Mr Lowing, who represented himself during the proceedings denied any wrongdoing. He argued that the language was consistent with “Australian cultural norms” and claimed that Mr Atkinson had not raised any objections at the time the messages were sent.
He also challenged the timing of the complaint and the framing of the charge under professional misconduct rather than unsatisfactory professional conduct, describing the proceedings as “legally incompetent” and invoking the constitutional principle that “justice delayed is justice denied.”
But the Commission rejected these arguments.
“The claim that such conduct aligns with Australian cultural norms is irrelevant to the standards expected of legal practitioners in Fiji,” Justice Goundar said.
He added that the communications “repeatedly used vulgar, offensive, and demeaning language toward a client” and that this “undermines public confidence in the profession.”
The Commission ruled that Mr. Lowing is not a “fit and proper person” to engage in legal practice and found him guilty under section 82(1)(a) of the Legal Practitioners Act 2009.
Mr Lowing has until October 9 to file written mitigation.
