CHARGES AGAINST SOLICITORS.

Bush Advocate, Volume XXI, Issue 300, 23 June 1909, Page 3

CHARGES AGAINST SOLICITORS.

[press * .-.■«• \TJOT* I ,l)r; "DIN ia-.. vight. To-<lay .7-*.: William" '-card a tnotk-n of *•' ' ' '-i! ■'■f * ,: " ilu " So- ; riot - "i '();;:;:! -.cl •!* om'h' cl, that j a rule must 1-. granted by iho Court calling upo'i . -Coiii-rick _ Zwingle Mimre and Moore, ol" the firm of Moore, Moore and Nic-o], io answer allegations contained in an affidavit sworn by Darcy Haggott, solicitor, and to show cause why their names should not be struck off the roll of baristers and roll of solicitors of the" Court, or why they tliey .should- not be suspended from .practice as barristers and solicitoz-s, or why such other order should not be-ma.de as the Court thought right, ou the ground that the matters stated in- the affidavit -constitute" professions! .■misconduct." v Haggc-tt's .•• affidavit set otit at length particulars .as to enquiries .made -and he submitted 'the following allegations':-----u (a) That the business generally was. iiot conducted in a manner which professional legal business should' be conducted. (b) That tlie nonprofessional part of 'th*e ' business was 'charged -for as if it were professional. Business generally was conducted in' such a way that charges and expenses were unnecessarily, heavy. (c). That procedure of the 1 Court and the service of the Registrar* were used in an improper " manner in so called, taxations. .-. (d) That the conduct of the solicitors in the matter of obtaining an Old Age Pension for Mr . Poyntz. amount*--- to grave misconduct on their pari* ' £is officers of this honourable Court.. . ' ■ J. McGregor said the proceedings wero taken at the instance of the council of the Law Society, and arose' out' of the application for renewal of on Old Age Pension, which came before Mr Hutchinson, S.M., at Waikoutaiti; the applicant, being Mr Poyntz. The Magistrate thought it necessary to institute certain inquiries as to the .annuity which Mr Poyntz had enjoyed for some years, and as the Magistrate found he was not able to "givo very intellible ac--count of the matter, it became necess ary for Mr Moore to appear before the -Magistrate .to explain., Mr - Moore did so, producing a lot of documents, bills, costs and copies of original of mortgages, etc. The Magistrate, after he had examined tho material before him, came to the conclusion that Mr Poyntz and his

wifo were entitled to a renewal, but he thought it necessary to state the result of his investigations in the form a written judgment. After very full investigation the Society had dc:* : ded to bring the matter'betY,ro tiu* Supreme Court, and tho , '._.:. ifc serious charge of the many alleged was that F. 1). Moore had deliberately concocted a scheme whereby Poyntz was deprived or signed away all property and annuity he possessed in ..order that he might become entitled to the Old Age Pension and evade certain insistent creditors. It was alleged that costs charged were excessive and documental evidence was brought to prove that Mr -Moore's reward for successfully engineering this scheme was to be a heay fee': The defence offered was a total denial of all charges and full explanations foi* all alleged suspicious circumstances were offered. His Honour reserved his decision.