A SOLICITOR’S FEE

Otago Witness, Issue 4085, 28 June 1932, Page 47

A SOLICITOR’S FEE

MONEY DIVERTED IN ERROR WELLINGTON, June 24. The proceedings brought by the New Zealand Law Society against William Noble, of Auckland, solicitor, came before the Court of Appeal. The charge brought by the society was that the sum of £lOO had been paid to Noble to be deposited as bail for a client, and had subsequently been taken by him for costs without the consent of the person depositing the money. It was contended by counsel for the practitioner that, throughout the whole affair, Noble acted honestly, although no doubt in error as to his lega 1 right. He had been informed that the money had been subscribed by friends of the accused person for his (Noble’s) fee, and was of the opinion that the person depositing the money had deceived him as to the purpose of the subscription. The money, in pursuance of the judgement of the Magistrate’s Court, had recently been paid to the person entitled, and it was not alleged by the Law Society that Noble’s conduct was anything but frank and honest.

The Chief Justice (Mr Justice Myers), delivering judgment, said Noble had given a receipt for £lOO paid to him, which was practically a declaration of trust, and he should have repaid the sum deposited in accordance with tin undertaking given by him. It seemed, however, that Noble had been very badlj treated, and, though he had secured thd acquittal of his client, the sum of money subscribed to cover the fee had been paid to others. In view of the fact that Noble acted perfectly openly and honestly, the court was of opinion that the case did not call for more than an order for payment of costa (£lO 10s) and disbursements. An order was made accordingly.