Porteous had been their lawyer for as long as 30 years, and the couple placed their money with the firm and established a family trust after Mr Lush had had to sell a business following major heart surgery.
In 2014, he went to the lawyer concerned that statements had not been received when requested, and became alarmed when he saw figures that showed interest was less than expected.
Porteous closed his chambers and handed in his practising certificate amid the start of the investigation almost two-and-a-half years ago.
He was soon afterwards struck off the roll of barristers and solicitors over unrelated matters, for which the Lawyers and Conveyancers Disciplinary Tribunal ordered he repay $34,455 said to have been overcharged against two other clients.
At the time of closing the firm he told Hawke's Bay Today: "I don't believe there are any irregularities in the trust accounts, and any issues that are found I'll deal with."
In November police laid six charges of theft and one of dishonestly using client trust funds, involving Lush funds of $49,200 misused between 2009 and 2011, and $29,232 from another client.
Yesterday the charges were withdrawn by police through prosecutor Sergeant Amber Thompson and replaced by the amended charges.