The Lawyers and
Conveyancers Disciplinary Tribunal has upheld the New Zealand
Law Society's decision not to issue a practising certificate
to Michael Guest.
In a heavily abridged decision released yesterday, the
tribunal says the law society was justified in refusing to
issue the certificate for which Mr Guest applied after he was
reinstated to the High Court's roll of barristers and
solicitors last year.
The grounds for the decision and details of the appeal and
the evidence presented were all suppressed pending further
submissions.
Mr Guest, a Dunedin city councillor, yesterday was
disappointed with the decision but said he could not comment
further while the process continued.
Asked if he intended to appeal, he said he had "two or three
weeks up my sleeve for that".
A Justice Ministry source said Mr Guest had until late next
week to make further submissions on the suppression orders.
He could also appeal the decision.
Mr Guest, a former district court judge, was struck off in
2001 after he was found guilty on two counts of professional
misconduct for lying to a client and for taking $25,000 more
of her funds for costs than he was entitled to.
He was reinstated to the High Court's roll of barristers and
solicitors in October after a two-day hearing in July 2009.
This meant he could resume providing legal services in areas
other than reserved areas of work, such as representing, or
giving legal advice to, anyone involved in court proceedings.
He could call himself an "enrolled barrister and solicitor of
the High Court", but needed a practising certificate to take
on the role of lawyer, law practitioner, legal practitioner,
barrister, attorney or counsel.
Practising certificates are issued by the law society, which
opposed Mr Guest's reinstatement to the roll. It subsequently
refused his application for a practising certificate.
Under the Lawyers and Conveyancers Act, the society can
refuse to issue a certificate on the grounds a person is not
a "fit and proper person".
A law society spokesman did not return calls yesterday.
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