Ministry of Justice

Penalty / legal executive admitted misconduct for multiple occasions of copying signatures on to documents / whether employees should be held to lower standard than practitioners / Lawyers and Conveyancers Act 2006, section 3 / section 11 / Wellington Standards Committee 1 v Nalder [2015] NZLCDT 5 / Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 / HELD / legal executive initially denied allegations / subsequent acceptance of responsibility was “late, partial and grudging” / perceived workplace to be toxic and unsupportive, no evidence to that effect / actions taken to cover up documentation failures / Tribunal considered indefinite prohibition for law employment not appropriate / legal executive not in a strong financial position, fine not appropriate / Tribunal imposed 12-month prohibition on employment / ordered censure / no costs order against legal executive, as they were legally aided

Liability and penalty / practitioner charged with providing misinformation and/or omissions in job interview with a law firm, and breaching an undertaking to a Standards Committee / Tribunal determined practitioner waived their right to appear / HELD / dishonourable conduct by making a false declaration and deceptive omissions and falsehoods, and failing to disclose unsatisfactory conduct findings and supervision requirements for certifying e-dealings / alternatively, grossly negligent so as to bring profession into disrepute / conduct goes beyond “unacceptable” or “unprofessional” conduct / misconduct found / practitioner breached undertaking to Standards Committee to undergo further training / Tribunal ordered censure and three-month suspension / practitioner to pay $16,000 of Standards Committee’s costs and reimburse full Tribunal’s costs / Tribunal considered total Standards Committee costs of $22,315.20 somewhat higher than normal

Liability and penalty / unsatisfactory conduct / trust account inspection orders / failure to comply with inspection order and education order / failure to note deadlines and prioritise tasks to comply with order / practitioner has since complied with orders / Lawyers and Conveyancers Act 2006, section 241(c) / HELD / conduct not disgraceful or dishonourable / by a fine margin, did not disregard professional obligations / partially complied with order as to fine and costs / conduct not negligent or incompetent per s 241(c) as conduct did not occur so frequently and was not so serious as to bring profession into disrepute / unsatisfactory conduct found / Tribunal ordered censure and $3,750 fine / practitioner to pay Standards Committee’s and Tribunal’s costs / ceased operating trust account on agreed basis

Penalty / practitioner misappropriated funds from clients / accepted four misconduct charges and consented to strike-off order / HELD / strike-off order proper / offending aggravated by clients residing overseas, two elderly clients residing in rest homes, and one client being an estate with charities as beneficiaries / offending mitigated by prior blemish-free disciplinary record / costs decision mitigated by quick admission of wrongdoing and cooperation with disciplinary process / Tribunal ordered practitioner be struck off / practitioner to pay 75 per cent of Standards Committee’s costs and 75 per cent of the Tribunal’s costs / permanent name suppression for practitioner’s clients

Liability / practitioner previously ordered by Tribunal to complete trust account supervisor course / current charge for failing to comply with that order / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 19 / schedule 1 / schedule 2 / HELD / Law Society runs two trust account supervisor courses, a beginner course with an exam, and a refresher course / Tribunal order was unspecific in face of two options / practitioner eligible under Regulations to take refresher course / Committee assumed attendance at refresher course was non-compliance / practitioner enrolled in beginner course but postponed for medical reasons / advised by Law Society that the Regulations permitted him to complete refresher course / in context of approaching the matter with some persistence, delay from November 2017 to February 2018 insufficient to establish offence / charge dismissed

Liability and penalty / misconduct or unsatisfactory conduct / criminal proceedings / practitioner did not appear or respond / Tribunal concluded service was properly effected and practitioner waived right to appear / practitioner charged for failing to serve client’s best interests in criminal proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.5 / rule 13.1 / HELD / wilful breach of  obligation to advise client on eligibility for legal aid / remaining charges established, to at least a reckless level / misconduct charge proved / High Court found miscarriage of justice requiring conviction to be set aside / high end of misconduct spectrum / practitioner previously suspended for 10 months for serious misconduct involving a client who was pressured into a guilty plea / Tribunal ordered practitioner be struck off / practitioner to refund $8,385 to complainant and to pay Standards Committee’s and Tribunal’s costs

Decision on Costs.  Date of Decision: 29 May 2020.

Decision on Penalty.  Date of Decision: 29 April 2020.

Decision on Penalty.  Date of Decision: 4 March 2020.

Decision on Penalty.  Date of Decision: 14 February 2020.

Decision on Liability.  Date of decision: 10 February 2020.

Decision on Liability.  Date of Decision: 22 January 2020.

Decision on Liability and Interim Suppression Orders.  Date of Decision: 20 December 2019.