Ministry of Justice

Decision on liability.  Date of decision: 1 September 2022.  

Decision on liability.  Date of decision: 27 July 2022.  

Decision on penalty.  Date of decision: 20 July 2022.  

Decision on penalty.  Date of decision: 27 June 2022.  

Decision on liability and penalty.  Date of decision: 13 June 2022.  

Decision on penalty.  Date of decision: 2 June 2022.  

Penalty / misconduct for practising outside terms of practising certificate by providing pro bono regulated services to the public, and unsatisfactory conduct for failing to provide client service information and act independently / failed to advise NZLS of his involvement in litigation when corresponding about status of practising certificate / Lawyers and Conveyancers Act 2006, section 9 / HELD / aggravating features include failure to disclose involvement in litigation, absolute duty of candour required and NZLS was misled / strong mitigating feature includes over 50-year career without previous blemish, services to community, and acted not for personal gain but desire to help his neighbours / more serious than comparable cases due to experience and on-notice of the issue / Tribunal ordered censure, $7,500 fine / practitioner to pay 75 per cent of Standards Committee’s and Tribunal’s costs

Liability / four sets of charges / overcharging / issued inflated $1 million invoice to enhance voting power as client’s creditor / proper purpose / charged $1,000 per hour fee without client care information / lack of time records / conflict of interest / client provided security & guarantees / loans from client / no independent advice / received fees directly rather than to firm on trust without receipt or invoice or reporting on minimal progress / ongoing police investigation / applied funds for own use / abuse of trust / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 2.1 / rule 3.4 / rule 3.6 / rule 5 / rule 5.1 / rule 5.4 / rule 5.4.3 / rule 5.4.4 / rule 9 / rule 9.1 / rule 9.2 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, reg 9 / reg 10 / HELD / not Tribunal’s role to undertake fee revision in the absence of gross overcharging / one charge dismissed, other charges proved as misconduct or unsatisfactory conduct

Penalty / misconduct for intimate relationship with client, then denying relationship during complaint / practitioner conceded misconduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.7.1 / Lawyers and Conveyancers Act 2006, section 240 / HELD / lawyer briefly represented client in family law matters / client’s husband complained / lawyer dishonestly denied relationship, an aggravating feature and significant misconduct / later made a self-report / no gross breach of trust, but relationship can compromise objectivity / retainer supervised, lawyer stepped back quickly / mitigating features include unblemished career, conduct out of character, remorse, self-report / Tribunal ordered four months’ suspension / final name suppression order / interests of rehabilitation outweigh public knowing name / no risk to community, purposes of disciplinary regime achieved / apology ordered / practitioner to pay Standards Committee and Tribunal costs

Penalty / misconduct / assisted a person to avoid GST, failed to account for GST, miscoded accounts / business dealing unconnected with legal services / whether suspension from practise necessary to mark seriousness, denounce conduct and signal standards of integrity required of lawyers in all business dealings / HELD / conduct not most serious, involves private business arrangements / aggravating features include long delay in failing to pay GST and previous unsatisfactory conduct finding / mitigating feature include full payment of GST and penalties, no harm to clients and outsourced accounting responsibilities / positive references go beyond usual references, include senior criminal jury work in South Auckland, and mentoring young Māori and Pacifica lawyers / practitioner fit and proper, preventing him from doing so would risk serious loss to clients and employees /  Tribunal ordered censure, $10,000 fine / practitioner to pay Standard’s Committee’s and Tribunal’s costs 

Penalty / found guilty of six charges of misconduct for six incidents of exploitative sexual contact with five different women at two work events / partner in law firm offended against summer clerks / seriousness of conduct / aggravating features / mitigating factors / strike-off starting point / HELD / misconduct serious, somewhat below Horsley or Daniels cases, where practitioners were suspended three years / aggravating features include repetition, power imbalance, incalculable impact on victims, and intention to get drunk / mitigating features include consequences already incurred, changes made, and financial circumstances / has previously minimised his responsibility, but relatively recent changes in accepting accountability are positive although belated / financial circumstances not defining nor as dire as claimed / caused reputation damage to profession / Tribunal ordered censure and two-year suspension / practitioner to pay Standards Committee’s costs  and Tribunal costs

Penalty / practitioner admitted two charges of misconduct and found guilty of another / conveyancing transaction involving transfer of property owned by practitioner mother to company owned by the practitioner and her husband / practitioner then borrowed additional money against the property / conflict of interest / failing to protect client’s interests / misleading conduct / appropriate penalty / HELD / practitioner did not present risk to other clients or public / no need for fine or censure / features of misconduct (inattention to practitioner’s mother and securing additional funds against the property) understandable although grievous / Tribunal ordered 10-week suspension / practitioner to pay Standards Committee’s and Tribunal’s costs