puts his clients’ needs ahead of his own administrative efficiency and good business practices. He had felt constant guilt but felt unable to seek help because he had allowed himself to become professionally isolated and was afraid of humiliation and other consequences. The tribunal said Mr Hancock was “the only person to suffer overall loss in this ‘train wreck’”. He had lost his practice and had been working prior to the tribunal hearing as a law clerk for “two staunch colleagues who came to his rescue”. The tribunal described this case as “tragic”.
Penalty The tribunal emphasised the importance of protecting the public and of maintaining public confidence in the legal profession (citing Bolton v Law Society [1994] 2 All ER 486 and Shahadat v Westland District Law Society [2009] NZAR 661). It decided that no response short of striking off would be sufficient to reflect the serious misconduct in this case. The tribunal also ordered Mr Hancock to pay $25,000 to the Law Society to cover both its legal and its inspection costs, and to reimburse the Society $3,000 for its payment of the tribunal’s own costs. LT
Criticising colleagues and overcharging A Lawyers Standards Committee has ordered a barrister (B) to refund his client $5,000 after finding him guilty of unsatisfactory conduct. The complainant had been facing serious criminal allegations, and he had hired B after the latter told him his then-lawyer was “selling you off to the Police”. The client paid B $5,000 to cover legal fees and B made an initial court appearance on his behalf. Later the client became aware that B was facing professional disciplinary action and he asked what was to happen with his case. When he was told B’s junior would take over he objected that he didn’t want the junior and he sought a refund, unsuccessfully. His subsequent calls to B went unanswered. The client complained of overcharging, saying that B had done nothing further for him after the initial court appearance. B offered no submissions or defence in response to the complaint and the Standards Committee found the allegations proven. In addition to the overcharging, the committee found that B’s criticism of the client’s previous lawyer had breached the obligation to “promote and maintain proper standards of professionalism” (Conduct and Client Care Rules, Rule 10). There had also been no instructing solicitor, a breach of Rule 14.4. The committee found that those breaches of the rules amounted to unsatisfactory conduct under s12(c) of the Lawyers and Conveyancers Act 2006 (LCA). It found that B’s overall conduct also amounted to unsatisfactory conduct under the separate test in s12(a) of the LCA, in that it had fallen short of the standards of a reasonably competent lawyer. The committee also ordered him to pay $1,500 costs to the Law Society. LT
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LAWTALK 793 / 13 APRIL 2012
Registry The following people have applied to the NZLS for certificates or approvals.
Admission under Part 3 of the Lawyers and Conveyancers Act 2006 Canterbury Westland Branch Theon Benmar CHALKLEN Georgina Emma DIAMANTI Richard Henry LITTLEWOOD David Miller Livingstone DINGWALL Thomas David Andrew HARRE Nadia Jan MCDOWELL Amber Lynette MALLINSON Emily Miranda PARK Kate Hannah ROGERS Kiri Louise STANTON Richard James STEPHEN Gillian Margaret STUART Layton James WARD Peter William WEEKS
Gisborne Branch Wi Pere Manaaki MITA Otago Branch Monique Elena ESPLIN Lucy Victoria Rose MEHRTENS Theodore James Carlos VAISALA Jacqueline Anne HANNAGAN Charlotte Kathleen VALENTINE Lillian Grace JOHNSTONE Wellington Branch Timothy Richard MACLEAN Jane Margaret BROWN Michael Thomas WITT Vai Paula LEAVAISEETA (Sagele)
Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006 Auckland Branch Phillip Drew PARSON Bernadette Roka ARAPERE Janette Mary McNAMARA Mark James UTTING Sumudu THODE Katherine Inger CARSON Ruth Claire GREGORY Gisborne Branch Marcia Josephine Matehaere INSLEY
Otago Branch Elliot Charles GOLDMAN Waikato Bay of Plenty Branch Kathryn Zoe BLACK Yashvir MAHARAHJ Nicola Louise NOORT Wanganui Branch Raukawa Rangihuia Mamaeroa SIMON Wellington Branch Mark Reginald DUNLOP Hannah NORTHOVER
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 19 April 2012. Any submissions should be given on the understanding that they may be disclosed to the candidate.
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