Guest tells of suicidal thoughts

Michael Guest
Michael Guest
The consequences of being struck off as a lawyer were so devastating he considered suicide, Michael Guest says in his affidavit supporting his application for restoration to the roll of barristers and solicitors.

Mr Guest, a former district court judge, was ordered to be struck off in December 2001 by the New Zealand Law Practitioners Disciplinary Tribunal on two counts of professional misconduct involving lying to a client when he told her she had been declined legal aid, and taking $25,000 more of her funds for his costs than he was entitled to.

His 2002 High Court appeal against the tribunal's decision was dismissed in a decision which said Mr Guest's actions fell far below the required standard of complete integrity, probity and trustworthiness.

Mr Guest said being struck off meant his reputation was lost overnight, he was subjected to enormous publicity, he had no income and the family home had to be sold.

It was almost three years before he had full-time employment again.

Two of his children went through law school while he remained a disgraced lawyer, Mr Guest said.

"Suicide was an option considered, but fortunately, rejected."

He referred to the pain of being unable to admit his own children to the Bar or assist them with legal advice as matters which focused his mind "keenly on a resolve never to act remotely in the way which led to my strike off".

In his affidavit on the application, which will be the first to be considered by the new New Zealand Lawyers and Conveyancers Disciplinary Tribunal, Mr Guest apologises several times for his misconduct.

He accepted he had originally defended the charges against him and pursued his right to appeal.

However, from the day the appeal was declined he accepted the judgements against him and the fact "that my professional conduct had been found to be seriously wanting".

"I had let the client down. I had not protected her interests with informed and independent advice. I accept those findings of fact. I was wrong in my actions towards the client."

Mr Guest said he believed he was a different person now, one who focused much more carefully and responsibly on any task, however large or small.

In his advocacy work where he represented clients for a fee in most cases, he saw the client as the paramount focus.

"The fee is secondary and must never take precedence or impact adversely on the client's interest at all."

He had not done that with the client in the case which led to his being struck off, he stated.

"I think I did so in the early stages of representing her, but in the latter stages, quite clearly, made serious mistakes and dropped my focus of her being the paramount and primary responsibility. And, of course, that is why I was struck off."

Mr Guest said he would never place himself in a situation where a client's interests were not the paramount consideration.

Although his application is for restoration as a barrister and solicitor, he stated if requested he would be willing to practise as a barrister only.

Much of the affidavit concentrates on the rebuilding of his life since being struck off, which Mr Guest wants considered as "evidence of a genuine path of redemption" taken by him.

These events include his lecturing on ethics at the University of Otago law faculty, his advocacy work on human rights, environment and employment matters, and his various civic roles including his work as a Dunedin City councillor since 2004.

Mr Guest said during the two council elections and in almost four years in public life there had not been one derogatory comment made to him about being struck off.

In support of his application, Mr Guest has filed 90 letters.

Among the letter writers are Dunedin Mayor Peter Chin, Invercargill Mayor Tim Shadbolt, seven lawyers, former Dunedin mayor Sir Clifford Skeggs, employment mediators, businessmen, some members of the medical and dental professions and clients.

Support or objections to the application close on May 5.

No date has been set for the hearing.

The application, supporting documents and relevant decisions are on the Ministry of Justice website www.justice.govt.nz/lcdt

 

 

 

Michael Guest

Admitted to the Bar: December 1972.

Appointed district and family court judge in Invercargill in 1987.

Resigns: 1989.

Until 1992: Private practice in Tauranga, then returns to Dunedin.

1995: Represented David Bain at his first trial.

Government appointments: Include deputy chairman of Roper committee on violence.

July 2002: Struck off as lawyer after appeals against guilty verdicts on professional misconduct dismissed.

Served three terms on Dunedin City Council from 1977; first elected at age 27.

Re-elected to council: 2004.

Case for restoration

Michael Guest is now a fit and proper person to be a lawyer.

The length of time since the misconduct (April 1996) and his being struck off (July 2002).

His contribution to public service.

His 30-year record in law before being struck off.

His acceptance of the misconduct.

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