An Auckland-based lawyer has been found guilty of professional misconduct after improperly obtaining his neighbour’s criminal conviction history and presenting it during a mediation over a shared driveway dispute.
Known as “Mr. D” due to interim name suppression, the lawyer initially claimed police disclosed the information following a complaint he made about his neighbour. Later, he alleged a now-deceased friend in the justice system provided the records. The tribunal, however, determined the likely source was a probation officer, whose login was used to access the records the day before the mediation meeting. Despite the lawyer’s claims, the tribunal found his actions unjustifiable and described his conduct as “devious,” emphasising his lack of candor and repeated falsehoods over a seven-year investigation.
The neighbour’s wife, present at the mediation, described the disclosure as traumatic and inappropriate, revealing she was unaware of her husband’s criminal history.
The tribunal accused Mr. D of using his position as a lawyer for personal gain and misleading various authorities, including the Law Society. It criticised his fabricated explanations, which shifted to deflect accountability. The tribunal’s ruling highlighted his deliberate dishonesty, concluding that his actions were disproportionate and undermined professional ethics. A hearing will determine the penalties, which could include fines or disbarment.
Image credit: RDNE Stock Project
So the neighbour has a criminal history and his wife doesn’t know? Yeah what kind of relationship do you have with someone when you don’t know their past?
Maybe the lawyers behaviour is inappropriate but what’s worse is the dodgy lying neighbour who is lying by omission to his wife.
He’s just angry he got exposed.
If my neighbour had a criminal record I would want to know as well.
What happens if you’re living next door to a pedophile and you have small children? We have a right to know.
Disbar, fine, lock up and throw away the key.
“Describing his conduct as devious…”
“The tribunal accused Mr. D of using his position as a lawyer for personal gain…”
Seems like this may be the tribunal’s first time meeting a lawyer 🤔
Exactly, very well formulated !!
Not aa fit and proper person.