11 Jul 2011
AUCKLAND STANDARDS COMMITTEE 3 OF NZ LAW SOCIETY v W HC AK CIV-2010-404-005509
- Citation
- openlaw-22ef0dcf_0c86_47c6_ac0e_dbbc951b2ce8.pdf
- Court
- High Court
The Court held that W's breach of an imprecise, gratuitous undertaking did not amount to professional misconduct under s 112(1)(a) because the facts supported an honest error, consultation with colleagues and absence of indifference or abuse of privilege, but objectively W's drafting and release of funds constituted negligence or incompetence under s 112(1)(c) of such degree as to tend to bring the profession into disrepute; accordingly appeal dismissed on s 112(1)(a) and allowed on s 112(1)(c), particulars proved and matter remitted to the Tribunal for penalty and costs.
- Breach of solicitor's undertaking
- Professional misconduct
- Negligence/incompetence
- Interpretation of undertakings
- Rule 6.07 code of professional conduct
- S 112 law practitioners act 1982