The New Zealand Lawyers and Conveyances Disciplinary Tribunal (the Tribunal) found that former Whangarei lawyer Lynette O’Boyle (Ms O’Boyle) engaged in unsatisfactory conduct by filing without notice proceedings in which she was a potential witness. Ms O’Boyle aggravated the conduct by refusing to co-operate with the standards committee.

The Tribunal characterised the conduct as “wrongheaded and reckless” and noted that it would have suspended Ms O’Boyle had she not ceased practising. Instead, the Tribunal fined Ms O’Boyle $5,000, censured her and ordered that she not practise on her own account unless authorised to do so by the Tribunal.

Ms O’Boyle acted for a friend who sought urgent day to day care of his child based on allegations of violence by the child’s mother. Ms O’Boyle drafted the application noting there had been disclosures of violence to the father, grandfather and an unnamed ‘friend’. This friend was Ms O’Boyle. The Tribunal noted the proceedings were contentious and that Ms O’Boyle was at best reckless as to whether she may be called to give evidence in the proceedings. When asked by opposing counsel, she refused to disclose the identity of the friend and later took the same stance with the standards committee.

The Tribunal noted that breaching the prohibition on acting in proceedings in which a lawyer may be required to give evidence is “a basic error that any lawyer should know to avoid” and that Ms O’Boyle should have been alert to her professional responsibilities given she was awaiting a Tribunal hearing on a separate matter at the time.

In assessing the appropriate penalty, the Tribunal noted that the conduct indicated a pattern of “significant professional shortcomings”. Having regard to this, and Ms O’Boyle’s five previous adverse disciplinary findings, the Tribunal held a period of suspension would have been appropriate if Ms O’Boyle had not ceased practising due to a medical condition. Additionally, Ms O’Boyle provided an undertaking that she would not seek to return to practice for at least two years.

The Tribunal considered that Ms O’Boyle had demonstrated a pattern of inappropriate conduct and if she returned to practice at some point, she required guidance and supervision. It therefore prohibited her from practising on her own account. The Tribunal went onto note that it did not consider Ms O’Boyle was suited to family law as it “carries risks for lawyers who are susceptible to becoming overinvolved with clients or cases and lose sight of their professional boundaries”. In terms of further penalties, the Tribunal fined Ms O’Boyle $5,000 and censured her. She was ordered to pay a contribution to the costs of the standards committee.