L AW YERS COMPL AINTS SERVICE been an opportunistic element of potential self-gain in the lawyer’s behaviour. It pointed to his failure to seek an extension or to secure the clients separate advice, and to his request that they keep the matter confidential. The tribunal also noted that the agreed monthly payments, if calculated as an interest rate, were roughly 43%, whereas the late settlement rate under the contract was only 18%. Mr Dallison told the tribunal he had taken rehabilitative steps by merging his practice with another and working under the supervision of a senior lawyer. This mitigating factor was diluted by the absence of any affidavit from this other lawyer in support of Mr Dallison or to describe the level of supervision. The tribunal also noted that Mr Dallison had been found guilty of an earlier disciplinary breach in 2005. The charge referred to conduct unbecoming, but the disciplinary tribunal in that case had also described his behaviour as “professional misconduct”. The tribunal said Mr Dallison’s own loss of $100,000 could not be considered as a mitigating factor, because it had arisen directly out of his offending.
Penalty The tribunal said there had been a blatant conflict of interest and Mr Dallison should immediately have sent the clients for a second opinion. None of the factors in this case outweighed his fundamental fiduciary duty to put his clients’ interests first at all times. As to his failure to give the clients information about fees, the tribunal said it saw this as a less serious breach, but it emphasised that transparency in this area was important and that all lawyers should be aware of the relevant obligations. The Standards Committee that brought the misconduct charge had not sought a suspension, but rather an order barring Mr Dallison from practising on his own account without the tribunal’s permission. The tribunal said, however, that this “would be quite inadequate to reflect the seriousness of this matter”. It suspended the lawyer from practice for four months, as well as censuring him and making the order sought by the committee. The tribunal cited the High Court’s statement that: “It will not always follow that a practitioner by disposing of his practice and undertaking not to practice can avoid or pre-empt an order for suspension” (Daniels v Complaints Committee 2 of the Wellington District Law Society, [2011] NZAR 639). The court had said that the real issue was whether a suspension was an appropriate and necessary response, and that the public was entitled to know that serious disciplinary breaches would not be treated lightly. The tribunal also ordered Mr Dallison to pay the Law Society $7,500 costs, and to reimburse the Society $5,000 for its payment of the tribunal’s own costs. LT
DISPLAY ADS
Registry The following people have applied to the NZLS for certificates or approvals.
Admission under Part 3 of the Lawyers and Conveyancers Act 2006
Auckland Branch Maria Elena HAMBER Wing Yi KAM Mo Yee POON Joseph Rajend PRASAD Fei Fei TEH Tofiga TUSIANE Canterbury Westland Branch Shaun Andrew BROOKES Benjamin David Andrew COLLINS Rachel Janet MORRISON Nicholas Steven ROBERTSON Manawatu Branch Hannah Marie COPE
Taranaki Branch Rachel Mary JOHO Lauren Kate TENNENT Joelle Lois AVERY Waikato Bay of Plenty Branch Carlos Anthony Taniwha HARMON Shirlene Nita TAYLOR Alice Rozel BARKER Ryan John Christian KERR-BELL Madison Florence STARK Susannah Elizabeth Margaret GODBAZ Mei-Hsuan (Mandy) LU Jasper Jay Ysrael Racines PIERCE
Otago Branch Michael David Stephen BECK
Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006
Auckland Branch Christopher Paul MERRICK Moala SOANA Nicola Christine THOMAS Canterbury Westland Branch Joshua Michael ORTON
Waikato Bay of Plenty Branch Fiona Hudson THOMPSON (formerly DENNEHY nee LEAF)
The Registry is now advertising names of candidates for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at http://www.lawsociety.org.nz/home/for_lawyers/registry/ applications_for_approval/ Comments concerning the suitability of any of the above-named applicants for the certificate or approval being sought should be made in writing to me by 31 May 2012. Any submissions should be given on the understanding that they may be disclosed to the candidate.
CONTACT FRANK NEILL editor @lawsociety.org.nz
Lisa Attrill, Registry Manager Email: lisa.attrill@lawsociety.org.nz, Direct Dial: (+64) (4) 463 2916 Freephone: 0800 22 30 30, Fax: (+64) (4) 463 2989
LAWTALK 796 / 25 MAY 2012
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