Law Society applauds High Court ruling over lawyer Hart - Business ...

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Published: 8:18PM Tuesday February 05, 2013 Source: ONE News

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  Barry Hart in court. - Source: ONE News

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The Law Society claims it has been vindicated for persisting with disciplinary charges against former lawyer Barry Hart.

The High Court today upheld the New Zealand Lawyers and Conveyancers Disciplinary Tribunal decision to strike Hart from the roll of barristers and solicitors. That's good news for the society's long-running action.

"This has been a long and drawn-out proceeding, and the judgment shows very clearly that our justice system takes a very serious view of a failure to co-operate promptly with the disciplinary process," says Law Society president Jonathan Temm.

"The High Court has found that Mr Hart did not readily comply with lawful requests made by the disciplinary bodies, and that he deliberately obstructed the investigation and misused the process in order to delay matters.

"This decision of the High Court reminds the legal profession that a failure to co-operate with the organisations, which are required to maintain discipline among lawyers could lower public confidence in the legal profession."

Temm said being struck off was a very severe penalty. While it meant the end of a lawyer's career, both the tribunal and the High Court had upheld the need to protect the community and ensure all New Zealanders could be confident that lawyers would co-operate fully with investigation of any matters relating to their professional conduct.

"In New Zealand, we have a legal profession, which performs to a high standard, and generally delivers excellent advice and services.

"The High Court's decision today demonstrates that anyone using a lawyer can be confident that the system of regulation is robust and effective."

He said the High Court had also dismissed Mr Hart's appeal against the finding that he had grossly overcharged a client.

The Law Society welcomed the court's comments that lawyers must not exploit clients and must not charge more than their work is worth.

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Source: http://tvnz.co.nz/business-news/law-society-applauds-high-court-ruling-over-lawyer-hart-5334312

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