SOLICITORS SUSPENDED.

New Zealand Herald, Volume LXVII, Issue 20623, 23 July 1930, Page 17

SOLICITORS SUSPENDED.

TE AROHA PRACTITIONERS.

ACCOUNTS NOT AUDITED.

INTERIM ORDER OF COURT.

[BY TKI.,EGRAnt. —OWN ronnEsroNßENT.] WELLINGTON. Tuesday.

Aii order was made by the Court of Appeal to-day suspending two solicitors of To Aroha, John Charles Carroll and John l'onsonby Somers, from practice, until the next sitting of the Court three months hence. The principal grounds for the order were failure to have their trust account audited, and failure to deal frankly with the Now Zealand Law Society. On the Bench woro Mr. Justice Reed, Mr. Justice Adams, and Mr. Justice Blair. Mr, H. F. von Ttaast, with him Mr. A. Free, appeared for the New Zealand Law Society, and Mr. 11. F. O'Leary for the two solicitors.

Only yesterday, said Mr. von Ilaast, lie had received six affidavits in reply to those filed in support of the society's motion, and the Court would realise that it was very difficult to deal with the case satisfactorily -it the present session. However, he thought he would be able to salisiY the Court that on the material available it would bo justified in either striking Cairoll off the roll, or in ordering a temporary suspension, if further investigation were considered necessary. A Disciplinary Measure, Mr. Justice Reed: AYe have read through the affidavits, and the Court is satisfied at the present stage that some disciplinary measure should _bo tnken, but, it- is not at al] satisfied that it has all the material before it that is required. Mr. von Haast agreed that the Court shuuld have the solicitors' books. He submitted, however, that the admitted conduct would justify the Court in ordering a temporal}' suspension, at any rate. Mr. Justice Reed: Wo can get. full information by adjourning, but we are not disposed at the present stage to allow these men to go on practising in the interval.

So far a.s Somers was concerned, said Mr. von Haast, he did not appear to have taken much part in the matters complained of. Nevertheless, when a man was fined £SO for failing to have a trust account audited, he was as much responsible as his partner to see that the hooks were properly kept. Eeason for the Delay.

Counsel added that he thought the proper method of investigation would be to have the passbook arid the cheques produced, and to have Carroll cross-exam-ined, if necessary, to get the actual facts. He had been very evasive in replying to the society's inquiries. Mr. O'Leary explained the delay in filing the affidavits by saving that it seemed that counsel for the solicitors in Auckland had been misled into thinking that the matter would stand over until the next sitting of the Court. He submitted that it was important, if the men wero to be 6truck off or suspended, to know whether they were punished for the admitted conduct, or in respect of the whole of the matters complained of. It might be that in years to come an application would be made for their reinstatement.

Mr. .Justice Blair observed that he would prefer to have the case dealt with on the basis of whether or not thore was a prima facie case to justify a suspension until the full farts were The two solicitors had had 12 months in which to get. their bonks in order, and they were the responsible parties, not the solicitor who had instructed Mr. 0 Leary. The case was adjourned until the next quarterly sitting of the Court, and the solicitors were ordered to be suspended until the hearing. Leave was given to the La.w Society to apply for further directions when the Court sits to deliver judgments in three weeks.