SOLICITORS CHARGED

Taranaki Daily News, 14 October 1930, Page 9

SOLICITORS CHARGED

OASES IN COURT OF APPEAL,

LAW SOCIETY’S ALLEGATIONS* By: Telegraph.— Press Association. Wellington, Oct. 18, ! brought by the New Zealand ‘Law Society against Walter Thomas Foster Kells Mason, Auckland, solicitor, in the Appeal Court this morning were by' consent of both parties adjourned till the next sitting of the court, the . practitioner to be suspended from practising hie profession Until dealt witfi by the: Court at the next session. An application 'of the Law Society to have CcOil Michael McDavitt, solicitor; formerly practising in MOrrinsville, struck off the rolls was also heard. The Court reserved, ite decision.

Mr. H. V. Von Haast, who appeared for the society, said McDavitt had misappropriated trust money, ho had been in the habit of advancing moneys belonging to clients for the use of other clients, and had thereby created a deficiency in the trust account. Mr. O’Regan, who appeared for the practitioner, said the case was one of pure misfortune. The total amount of the deficiency was about £l7, and had been paid since the date of the audit of his trust account. An affidavit filed by McDavitt showed a long story of misfortune .and illness on the part of McDrivitt rind his wife. He. submitted that the case would be adequately dealt with if .the,.practitioner was ordered to pay the costs of the proceedings. The Court Also dealt with the application of the Law Society to. have Athol Feiltling Howarth, Te Kuiti, barrister a.id solicitor, struck off the roll of practising barristers and solicitors. The Court reserved its decision. Mr. Von Haast said the allegations were that Howarth had appropriated to liis oWli use at least £36 19s 2d iip to June, 1930. He submitted that the order asked for should be made.

Mr. Perry, who appeared for Howarth, said the allegations miidc by Mr. Von Hriast were true. HoWarth had been in practice for 22 years, and no previous complaints had been made against him. The deficiency in his trust account was not caused through extravagance, but by reason of advances made by Howarth out of his trust account to Native clients.

Charges brought by the Law Society against John Charles Caroil and John Pon.sonby Summers, of Hamilton, solicitors, wore adjourned until to-morrow afternoon to enable further affidavits to be filed by the practitioners.