Law Society Supports Tribunal In Comeskey Decision

Law Society Supports Tribunal Comments In Comeskey Decision

The New Zealand Law Society says it is pleased to note comments made by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in its written decision on the charges of misconduct against Auckland barrister Christopher Patrick Comeskey.

Society President Jonathan Temm says the Tribunal’s decision endorses the Society’s strong rejection of claims made in Mr Comeskey’s defence that many lawyers were routinely abusing the legal aid invoicing system.

“The Tribunal states that it was particularly troubled by the assertions by Mr Comeskey and his counsel that his unlawful practices in relation to legal aid were ‘standard practice’ throughout the legal profession,” Mr Temm says.

“The New Zealand Law Society again repeats that there is a complete lack of evidence for this and that the New Zealand legal profession is making a significant and positive contribution to the legal aid system.”

The Tribunal’s decision states that neither Mr Comeskey nor his counsel produced any evidence that such practices went beyond Mr Comeskey’s own practice, let alone being common.

“We are not surprised at this lack of evidence,” the decision states.

“Additionally, if other lawyers are engaged in unlawful conduct, it is not going to excuse the actions of Mr Comeskey. But importantly we emphasise that the submission that everyone is doing it casts unfair and unsupported aspersions on the whole legal profession, particularly those who give their time and expertise to assist people who would otherwise not be able to afford representation, and do so at some personal sacrifice.”

The Tribunal concludes that it views “these unsavoury submissions” from Mr Comeskey and his counsel extremely seriously. “We certainly do not accept them,” it says.

ENDS

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