Lawyer found guilty

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SUVA legal practitioner Nemani Tuifagalele has been found guilty of professional misconduct by the Independent Legal Services Commission (ILSC) after failing to respond to formal regulatory notices.

The Chief Registrar charged the principal of Tuifagalele Legal after he failed to comply with a section 106 notice issued in February 2026, which required him to submit a bill of costs, and a subsequent section 108 reminder notice issued in March 2026.

The notices stemmed from a public complaint lodged against him in March 2023 by Sowane Serupepeli.

In a judgment delivered in Suva on October 5, ILSC Commissioner Justice Daniel Goundar found the charge established under sections 82(1)(a) and 108(2) of the Legal Practitioners Act 2009.

The court heard the proceedings in absentia after being informed that Mr Tuifagalele was abroad in the United States, leaving a legal manager to oversee his Toorak firm.

Justice Goundar noted that Mr Tuifagalele was aware of the proceedings, having previously emailed the Chief Registrar to complain about the number of notices served on him, yet failed to submit the required documents or respond to the formal reminder.

Justice Goundar said practitioners who go overseas while holding a practising certificate cannot use their absence to avoid regulatory duties.

He emphasised that the duty to respond is central to the self-regulation of the legal profession, noting that ignoring lawful notices obstructs the investigation of public complaints.

The ILSC has warned Mr Tuifagalele that sanctions, which may affect his practising certificate, could be decided in his absence if he continues not to take part.

The court has adjourned the case for sanction submissions.