On 19 May 2003, the Legal Services Division of the Administrative Decisions Tribunal found Mark Duncan Smith guilty of unsatisfactory professional conduct and made the following orders:
- Mark Duncan Smith be publicly reprimanded.
- Mark Duncan Smith pay to Graham Harrison compensation in the sum of $1,000 within 28 days.
- Mark Duncan Smith pay the costs of the Bar Council as agreed or assessed.
On 2 December 2004 the Bar Council of The New South Wales Bar Association noted that it was unable to make a determination under s38FC and s38FE of the Legal profession Act 1987 with respect to the notifications made by Mark Duncan Smith. The Bar Council further noted an indefinite statutory suspension of the practising certificate of Mark Duncan Smith would follow in accordance with the provisions of s38FH of the Legal Profession Act 1987 from midnight on Sunday, 12 December 2004.