ALLEGED NEGLIGENCE

Evening Post, Volume CXX, Issue 91, 14 October 1935, Page 10

ALLEGED NEGLIGENCE

CASE AGAINST SOLICITOR

Alleging general unfitne'ss to practise, and failure'to have trust accounts audited, the Hamilton Law Society sought in the Court of Appeal today to have Arthur Everard Seaton,. barrister and solicitor, of Taumarunui, struck off the rolls. The application was heard by the Chief Justice (Sir Michael Myers), Mr. Justice. Johnston, and Mr. Justice Fair. Decision was reserved. ; Mr. H. J.~ Thompson, who appeared for the Hamilton Law Society, said that the case had been brought after a series of -complaints had been made against Seaton, to whom he thought, it must be admitted, the society showed the utmost leniency. '

The allegation against Seaton were: (1) That he failed to have his law trust account for the year ended March 31, 1935, duly audited, and a certificate to that effect duly forwarded to the Solicitor-General within the prescribed period; (2) that he failed to supply to the auditor-of his trust account a certified list of the balances standing-to the credit .of every client in his trust account on September 30, 1934; (3) that he was generally unfitted to practise as a solicitor' on the grounds that he failed to keep his trust account books properly written up, and failed to stamp; and register documents promptly. . - .

"What about the question of dishonesty?" asked the Chief Justice. "Do you say that there have been, cases of dishonesty—misappropriation of money and so on?" Mr. Thompson: No, Sir. ' Counsel went on to refer to a trust account, which, he said, had been in debt to the extent of £7. Mr.' Justice Fair said the whole of the evidence pointed to carelessness in the keeping of accounts; and that was the substance of the Law Society's complaint. ' * Mr. Thompson: That is so, Sir, but it is an extremely aggravated case. The Chief Justice: You say that there is no definite evidence of any dishonesty. : -■■■■■.•■ Mr. Thompson: There is no particular item to which I may point, and say we know definitely that this money has been stolen. Thompson; said' thai the Law Society maintained .that there had been gross negligence in regard to Seaton's clients, and that it was by mere good fortune as far as they were concerned that losses had not occurred. - ■ Mr H. F. Yon Haast, who appeared fn mf evf-°,^Sai^ that his client was in m Jealth and seemed lethargic and apathetic in connection with the The-Chief Justice: It does seem, Mr. Yon Haast, does it not, • whatever be the reason, that he does not'seem to ?f o P nreCif c the duties ?he oWiga° tions of-a member of the-profession? Mr. Yon Haast: That is so, your Honour, I must admit that. The Chief Justice^ intimated that the members of the Bench wished to disand S«w 6 amonS^ themselves, tomorrow!^' they woul^ with it