Two lawyers struck off by tribunal

File photo / NZ Herald

Two lawyers have been struck off in separate decisions following multiple acts of misconduct, including one lawyer's failed attempt to adopt the niece of one of her clients.

Former Wellington barrister Christopher Skagen, who now lives in the United States, and Auckland lawyer Ilaisaane Valu Pome'e were struck off the roll of barristers and solicitors by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

Ms Pome'e was investigated after a Family Court proceeding, in which she agreed to adopt her clients' niece and make an application to Immigration New Zealand for a permit to allow the niece to remain in the country.

However, she failed to renew a temporary permit that was granted, which resulted in the niece being unlawfully in New Zealand.

She then made false representations to her clients concerning the girl's permit application and failed to respond to directions from the court. This led to adoption proceedings being struck out, the tribunal said.

She made a further application to Immigration for another permit without instructions and made false representations in support of that application.

She was found guilty of eight charges, including two of misconduct.

New Zealand Law Society president Chris Moore said it was unacceptable for lawyers to mislead clients and third parties.

"The overriding duty of a lawyer acting in litigation is to the court concerned. A lawyer must not act in a way that undermines the processes of a court."

Meanwhile, Mr Skagen faced 12 charges of misconduct relating to three separate matters.
While acting for two separate clients, Mr Skagen breached the intervention rule by not having a solicitor accept fees, and taking them in advance without having them deposited in a solicitors trust account, as well as failing to act in a timely and competent manner, the tribunal ruled.

Mr Moore said the law "clearly states the accepted practice", which Mr Skagen did not follow.

"A barrister sole cannot accept instructions to act for another person other than from an instructing lawyer who holds a practising certificate as a barrister and solicitor," he said.

"A barrister sole is not a solicitor and cannot receive or hold money or other valuable property for or on behalf of another person."