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The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has made penalty orders in respect of a former practitioner, who accepted a charge of negligence, and his son, who accepted a charge of misconduct, for failing to identify and appropriately manage conflicts of interests.
The ultimate result was that the complainant lost her interest in a property through successive failures to provide independent advice. The Tribunal urged practitioners “to act carefully and caringly where there is a potential for conflict” and encouraged the profession to read the Bailey decision in which it described the legal requirements.
The Tribunal censured and fined the respondents and ordered them to apologise and to pay compensation to the complainant. They were also ordered to pay costs. The son was also required to attend further training and education.