Public entitled to protection

Press, 25 February 1988, Page 30

Public entitled to protection

PA Wellington Clients (j lawyers subject to diciplinary proceedings as often aware of their layer’s incompetence, bi do not complain, saidthe Law Practitioners’ i Disciplinary Tribunal chairman, Mr Ted Thonis.

Many cfents do not appear suffjiently dissatisfied to cange solicitors or to reprt them to the law sociejr, he told the tribunal’s hnual meeting. “It woiii appear some clients artprepared to be long-suffe|ng ... the mistakes are.usually discovered by ne law society investigatjg complaints,” he said. j Because of this, market forces ada poor judge of the cmpetence of lawyers yio come before the tribupl. Lawyei recently relaxed relictions on conveyancing charges after Government pressure. They arl also now allowed to advertise their

services, a practice Mr Thomas questioned. Lawyers brought before the discliplinary tribunal often produced a list of references from other clients and prominent people praising the lawyer concerned.

“Converted to advertising material, these references would, without reference to the charges and the tribunal’s findings, represent a glowing endorsement of the practitioner’s fitness to practice law,” Mr Thomas said.

Disciplinary procedures remained an important safeguard in maintaining standards and the duty of the lawyer to the client. A new provision, introduced to the Law Practitioners Act in 1982, which allows a tribunal finding of incompetence alone to justify deregistration of a lawyer, was fully justified, he Taid. Extensive muddlement

or gross inefficiency attracting tlie attention of the law society almost invariably involved dishonesty, he said. Clients were misled about the state of their affairs, and mistakes were not acknowledged or were covered up.

It was true the causes of incompetence were often tragic for the practitioner. 11l health, matrimonial difficulties, family misfortunes, and stress were often pleaded in mitigation by lawyers before the tribunal.

However, the public was entitled to protection, he said.

. Eight lawyers were struck off the legal register during 1987, with one resulting in an appeal to the High Court. The tribunal also handled a successful application by an Auckland lawyer to be re-registered after:ibeing struck off fo 1976.'* ‘