Lawyer struck off over trust fund dealing

An Auckland lawyer has been struck off the roll of barristers and solicitors for adversely dealing with his client’s trust funds without their knowledge.

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal found Brian Robert Ellis guilty of misconduct.

He persistently failed to comply with his trust account reporting obligations, adversely dealt with his client’s trust funds without the client’s knowledge and deducted an unjustified fee from the funds, the tribunal found. Ellis is appealing the striking off order.

In another matter in June, Ellis acted for a client when he had a conflict of interest. The tribunal censured and suspended him from practice for six months.

With the latest finding, Ellis has now had seven disciplinary findings against him.

As well as striking Ellis off the roll, the tribunal required him to honour his agreement to pay $810 to his former client and to pay prosecution costs of $31,600.