Lawyer pays longstanding costs
A Palmerston North lawyer has avoided bankruptcy by paying outstanding court costs resulting from failed litigation five years ago.
Barrister and solicitor Jeremy James Mcguire had clocked up more than $31,000 in costs during attempts to have his legal aid contract restored after it was withdrawn in 2010, resulting from allegations of unacceptable conduct.
Mcguire’s original censure was for obtaining unauthorised payment from a legal aid client in 2008. He disputed the allegation and censure and raised concerns with the Law Society about its complaints process.
Subsequent attempts to have his legal aid status restored by the Legal Services Agency for both family and criminal matters were rejected in 2013 and again in 2015.
In 2016, the New Zealand Law Society reached a $225,000 mediated settlement with Mcguire that also waived any associated court costs over the initial censure. It apologised ‘‘for the stress, inconvenience and embarrassment’’ caused by three censure orders and expressed regrets for the ‘‘deep distress the disciplinary prosecution caused’’. In 2013, Mcguire was the subject of a separate censure for unsatisfactory conduct, which he is appealing in Wellington next week. Despite the Law Society settlement, the Ministry of Justice sought to recover money, initially bringing bankruptcy proceedings against Mcguire in April, 2017.
In the High Court in Palmerston North last week, Associate Judge Kenneth Johnston expressed surprise that the ministry was going to such lengths to pursue bankruptcy proceedings.