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Home / Business

Jock Anderson's Caseload: Second chance for lawyer who ticked wrong box

NZ Herald
11 Dec, 2014 08:30 PM6 mins to read

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South African lawyer Bernard Claude Samuels, who suppressed his "out of control" history, has been deemed fit and proper to be a lawyer in New Zealand. Photo / Thinkstock

South African lawyer Bernard Claude Samuels, who suppressed his "out of control" history, has been deemed fit and proper to be a lawyer in New Zealand. Photo / Thinkstock

Opinion by

In the Case of the Unprofessional Email, a South African lawyer who suppressed his "out of control" history has been deemed fit and proper to be a lawyer in New Zealand.

Auckland High Court Justice Paul Heath overturned Law Society misgivings and decided to give Bernard Claude Samuels (62) the benefit of one or two doubts and let him have another go.

When Mr Samuels first applied to the Law Society in 2012 for a certificate of character enabling him to practice as a lawyer in New Zealand he failed to declare he was suspended from practising as a lawyer in South Africa between 1997 and 2000.

The Law Society found out, declined to issue a character certificate and also declined when Mr Samuels applied again in 2013, this time with more background about his suspension.

Justice Heath - noting that Mr Samuels did himself no favours in the way he approached the Law Society for a character certificate - lent a more sympathetic ear.

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The judge said the events which led to Mr Samuels' suspension were, because of the close link between his personal and professional life, traumatic for him.

In documents from South Africa Mr Samuels accepted that from about October 1995 his "practice was out of control."

During April 1996, Mr Samuels and his former wife separated.

She worked for him as an administrator in his office.

When she left, along with Mr Samuels' then secretary (his former wife's cousin), his "practice effectively collapsed," and he was left to deal with the emotional and professional consequences of what occurred.

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He soon made arrangements for another firm to take over his files and was suspended in September 1997.

The High Court of South Africa lifted his suspension in 2000, conditional on him working as a professional assistant in a firm for two years and attending a practice development course.

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After that, and until he immigrated to New Zealand in 2006, Mr Samuels was regarded a fit and proper person to be a lawyer.

The Law Society blocked him because he did not disclose his suspension soon enough, a point Justice Heath gave him the benefit of the doubt for effectively "ticking the wrong box."

The Law Society was also concerned by his lack of care and professionalism and whether he was honest and candid when questioned about his suspension.

Justice Heath was satisfied his conduct in dealing with the application was not a "disqualifying factor."

Then there was Mr Samuels' "inappropriate" personal conduct in a dispute over a former rental property where he and his family lived, and an "unprofessional email" he allegedly sent to the Law Society.

The circumstances of the email were strange.

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It contained inappropriate comments about the Law Society and the New Zealand judicial system.

Justice Heath made it clear that if Mr Samuels was the author, he would have significant doubts about whether he should be regarded as a fit and proper person to be admitted.

The address the email came from was said to be similar to one used by Mr Samuels' present wife.

Mr Samuels, who denied on oath on at least two occasions he wrote the email, claimed it was forged by a third party to discredit him and that he had made a complaint to the police.

Justice Heath accepted Mr Samuels' denial of email authorship, noting that if the police investigation found anything contrary, then the Law Society could apply for his judgment to be recalled.

The judge said if it subsequently became clear Mr Samuels had sent the email, not only would he be likely to be struck off immediately, but he would also be at serious risk of prosecution for perjury.

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With those provisos in mind, and under the conditions he take up offered work and supervision with West Auckland barrister Dr Michael Kidd, Justice Heath ruled Mr Samuels could be regarded as a fit and proper person to be admitted as a barrister and solicitor.

Mr Samuels is due to be admitted on December 22 in the judge's chambers.

Why can't they just shut up?

CaseLoad is told that at a recent unsuccessful parole board hearing Ewen Macdonald suggested he be banned from talking to the media as a parole condition.

Macdonald - who was acquitted in 2012 of the murder of his brother-in-law Scott Guy - is serving five years in jail for vandalism, hammering cows to death, killing trophy stags, burning down an old whare and emptying 16,000 litres of milk from a neighbour's vat.

Convicted murderer Teina Pora - who awaits the outcome of an appeal to the Privy Council - also asked for a ban on talking to the media when he was released on parole.

Can't they, and others like them, just keep their mouths shut???

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Calamitous capers abroad

There's urgent huddling in the Ladies & Escort Lounge as legal folk struggle to counter allegations from England that morality is at the core of being a good lawyer.

A majority of 966 surveyed lawyers also highly rated judgment, perseverance, perspective and fairness.

"There's clearly been some fast and loose misrepresentation here," said The Big Bloke at the next leaner.

"First, there's no mention of billing time, all-day entertainment, client-funded holiday junkets or greasy-pole climbing..."

"Second, none of us have ever heard the word morality used in the same sentence as any of the above..."

"Someone needs to sue," said Our Man At The Bar, flexing a pinky over a lonely kumara chip.

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"You need a damned good suing," said The Scunner.

Where to eat and drink over the holidays

Top of CaseLoad's list this year is the Hurunui Hotel, in North Canterbury, where you could share a jug and pie with Chief Justice Dame Sian Elias, who farms a wee spread up the river in her down time.

Otherwise it's almost certain to be lawyer-free.

Other good spots (in no particular order) are Timaru's Old Bank Tavern; The Claddagh, Newmarket; Revington's, Greymouth; The Abbey, Greenlane; Queen's Ferry, Vulcan Lane; QF, Queen Street; Right Track Sports Bar, Fort Street; Shanghai Lil's, Ponsonby and The Miller, Christchurch (although it doesn't do Guinness any more).

In accordance with needs of its patrons, the Ladies & Escorts Lounge never sleeps and stays open till all hours, but The Scunner says it's not for the likes of you...

As always, avoid any place where braying StellaMen brazenly flaunt their sweaty proclivities.

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Have a jolly time dept

This is CaseLoad's last offering for 2014.

He'll be back on January 23 with more gossip, speculation, rumour, half-truths and an odd stray fact from the murky world of law-flavoured news and views.

So from Our Man At The Bar, The Scunner, a Pair of Mature Lady Briefs, Jim the judges' barber, all our legal chums and CaseLoaders everywhere...

Have a Riotous Yuletide and, in the words of a famous QC whose name CaseLoad has (for the time being) agreed to keep secret in exchange for ongoing alcoholic favours: "Make sure you obey those laws you agree with..."

Keep up with Jock Anderson's weekly lawyer profiles here.
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