LEGAL PROFESSION

Evening Post, Volume CXI, Issue 73, 27 March 1931, Page 10

LEGAL PROFESSION

STANDARD MUST BE KEPT

SOLICITOR'S IRREGULARITIES

• "The profession has maintained a high standard in the past, arid that standard must continue to be maintained," said the Chief Justice, Sir Michael Myers, in the Court of Appeal this morning, in delivering the Court s decision in the case of a solicitor, Walter Thomas Foster Kells Mason, against whom a number of irregularities in his professional practice were alleged by the New Zealand Law Society. In the circumstances of the case his Honour said that the Court thought it sufficient to make an order suspending the practitioner from practising until 31st December of this year. Mason was also ordered to pay the Law Society's costs ,25 guineas, and disbursements, the disbursements to include an auditing fee of. £21. Mr. Yon Haast said that it appeared that Mason had mixed up his own moneys with the trust account. The Chief Justice: "But ho always had a sufficient balance to pay his trust debits." His Honour added that it was not the ordinary, case of misappropriation. The allegations were that a separate trust account had not been kept; that practising fees had not been paid; that ho had mixed his own moneys with his clients' moneys; and neglect. "Do you consider he should be struck off or be suspended?" '' GROSS NEGLIGENCE-'' Mr. Yon Haast: "I think it would be met by suspension." He said that there was a series of cumulative incidents of gross negligence and failure to keep a separate trust account. His Honour: "But it is fair to the practitioner, to say that he has not misappropriated any money." Mr. Yon Haast said that the neglect was that a life insurance policy in one estate was not forthcoming, and tho Public Trustee was unable to administer the estate and wind it up; failure to register v second mortgage properly; and in another case failure to adjust rates and give notice. Mr. A. M. Cousins, who appeared for Mason, said that it seemed to him that the matter would never have reached the Court had the original complaints made by tho Auckland Law Society been attended'to by Mason. On the face of the proceedings it looked as though he had contemptuously disregarded the Auckland Law Society, but that was not so. He commenced practice about two years ,ago, only in a small way. In March, 1929, he commenced to be interested in a company of underwriters, and gradually devoted more of his time to it till it occupied all his energy. As a result of overwork and strain he had a breakdown. Correspondence regarded as important by tho Auckland Law Society did not reach him till it was too late by reason of the fact that the tenant of his former office neglected to forward his correspondence. Tho first he knew of any demand from the law society was when, he was served with v summons. A. letter was later found unopened, but (he law society did not withdraw tho summons. Mason was not practising at present, but desired to have the right to practice. ACTED HONESTLY. Mr. Cousins said it appeared to him that there was no question as to Mason's honesty. Ho had acted, he submitted,, honestly in nil his transactions. Mr. .'u.stice Ostler: "That has all been admitted by Mr. Yon Haast. There is no charge oi' dishonesty." Mr. Cousins said lhat practically all tlirj matters raised against Mason had been brought about by inattention in 1930, after he had, in fact, censed active practice. Counsel said it appeared to him that it ivas ;t reasonable assumption that: had Mason been continuing his practice most of Hi* matters with which ho was charged would not have arisen. Mason had received a lesson from the proceedings to ensure (hat in any future, practice he would sec that his books were kppt in absolute order, and that he would act in such a way as to bo able to give proper attention to every derail oC business. In ."innouuemg tho Court's decision, the Chief .Tusticn said tli.-il, although there was no evidence and no'.suggestinn Mint the practitioner had misappropriated clients' moneys, the. case showr-d Ih.-if. there had been conduct on* Jlnsmi'a part, which amounted to personal misconduct; thorn had been a very serious neglect, of the, interests of some of the clients who had complained to _ the law society. Tho Court was of opinion that some order should be made under its exercise ourl jurisdiction.