Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 

Brian Robert Ellis struck off roll

9 November 2018

Brian Robert Ellis struck off roll of barristers and solicitors

Auckland lawyer Brian Robert Ellis has been struck off the roll of barristers and solicitors of the High Court by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

The tribunal had found Mr Ellis guilty of misconduct. In June 2018 in another matter it found he had acted for a client when he had a conflict of interest and censured and suspended him from practice for six months.

The tribunal has now ordered him struck off from 2 November 2018. The striking off order has been appealed and therefore under the Lawyers and Conveyancers Act 2006 it operates as a suspension.

In the latest proceeding, he was found to have persistently failed to comply with his trust account reporting obligations, to have adversely dealt with his client’s trust funds without the client’s knowledge and to have deducted an unjustified fee from funds held in trust for his client.

In deciding to strike Mr Ellis off the roll, the tribunal found unanimously that he was not a fit and proper person to remain a lawyer.

Including the unjustified fee deduction, he now had seven disciplinary findings against him. These displayed a pattern of disregard for principles, the rules and regulations and past decisions. That prior disciplinary history demonstrated that Mr Ellis lacked insight into his professional obligations.

The tribunal said it could not have confidence that similar conduct would be avoided in the future and there was a risk of reoffending. There was a clear need for deterrence and protection of the public.

As well as making an order to strike Mr Ellis off the roll, the tribunal required him to honour his agreement to pay $810 to his former client and to pay prosecution costs of $31,600.

“Trust accounting responsibilities are at the heart of relationship between lawyers and their clients. Any adverse dealings by lawyers with funds which are held in trust for clients will always be treated extremely seriously,” New Zealand Law Society President Kathryn Beck says.

“This practitioner has let down the legal profession. Protection of the interests of clients is paramount and there is no place in our profession for anyone who does not hold that above all else in their work.”


ends

© Scoop Media

 
 
 
Business Headlines | Sci-Tech Headlines

 

Ground Rules: Government Moves To Protect Best Growing Land

“Continuing to grow food in the volumes and quality we have come to expect depends on the availability of land and the quality of the soil. Once productive land is built on, we can’t use it for food production, which is why we need to act now.” More>>

ALSO:

Royal Society: Calls For Overhaul Of Gene-Technology Regulations

An expert panel considering the implications of new technologies that allow much more controlled and precise ‘editing’ of genes, has concluded it’s time for an overhaul of the regulations and that there’s an urgent need for wide discussion and debate about gene editing... More>>

ALSO:

Retail: Card Spending Dips In July

Seasonally-adjusted electronic card spending dipped in July by 0.1 percent after being flat in June, according to Stats NZ. Economists had expected a 0.5 percent lift, according to the median in a Bloomberg poll. More>>

ALSO:

Product Stewardship: Govt Takes More Action To Reduce Waste

The Government is proposing a new way to deal with environmentally harmful products before they become waste, including plastic packing and bottles, as part of a wider plan to reduce the amount of rubbish ending up in landfills. More>>

ALSO:

Earnings Update: Fonterra Sees Up To $675m Loss On Writedowns

“While the Co-op’s FY19 underlying earnings range is within the current guidance of 10-15 cents per share, when you take into consideration these likely write-downs, we expect to make a reported loss of $590-675 million this year, which is a 37 to 42 cent loss per share." More>>

ALSO: