Duncan Takena Stirling has been barred from practising as a lawyer and has already resigned as a Māori ward councillor on Waipā District Council. Photo / WDC
Duncan Takena Stirling has been barred from practising as a lawyer and has already resigned as a Māori ward councillor on Waipā District Council. Photo / WDC
A former councillor in Waikato has been barred from practising as a lawyer after misappropriating $85,000 from his bank.
Duncan Takena Stirling resigned from Waipā District Council as a Māori ward councillor earlier this year after his interim suspension from the roll of barristers and solicitors was announced by theLawyers and Conveyancers Disciplinary Tribunal.
Over the weekend that same tribunal released its order striking Stirling from the roll of barristers and solicitors – meaning he can no longer practise as a lawyer – and ordering him to pay $5000 in legal costs.
Stirling admitted the five charges of misconduct against him, which included deception of his bank and misappropriation of funds, “persistent” overdrawing of the trust account, discharging a mortgage without having repaid it, filing false trust certificates and misappropriating funds from his overdrawn trust account.
The tribunal outlined only limited details about Stirling’s offending. However, the main charge relates to telling his bank he needed to withdraw $100,000 from his practice’s trust account for a client’s settlement when the money was for his own use. The bank was able to recoup $15,000 of the misappropriated funds.
When he was suspended earlier this year, Stirling told the tribunal he intended to pay the money back.
Duncan Takena Stirling resigned from the Waipā District Council, based in Te Awamutu, earlier this year. Photo / Supplied
“He does not seem to appreciate that obtaining and using the advance for personal reasons is wrongful,” the tribunal said at the time.
“We are concerned that this indicates he has lost his moral compass in relation to trust monies. Accordingly, the public, and any bankers he may engage, are at risk.”
However, instead of Stirling repaying the money, the Law Society’s Fidelity Fund is footing the bill to pay the bank the remaining $85,000. The fund was set up by the Law Society to pay clients subjected to theft by their legal counsel.
Stirling resigned from his position on Waipā District Council, based in Te Awamutu, earlier this year after being elected as the district’s inaugural Māori ward councillor in October 2022. His resignation triggered a by-election.
Stirling was born and raised in Kihikihi, studied law at Waikato University and previously worked as a commercial lawyer in Hamilton and the King Country.
He opened his own law firm, Stirling Legal, in Te Awamutu in 2019, focusing on commercial and property law and asset protection.
The striking-off decision released at the weekend said: “We accept that Mr Stirling is deeply remorseful for his wrong-doings.
“Once the situation came to light, he accepted responsibility. He has not advanced weak excuses or thin defences. The depth of whakamā he experiences has been palpable in his conduct throughout, and in his demeanour at the hearing.”
The tribunal said Stirling was conscious of the shame he had brought on his community and whānau. At his hearing he apologised to the Law Society, to his bank, former clients and his community.
“He has suffered significant loss of standing. He has resigned his position as a local body councillor because of these offences. His social, family and living circumstances have changed drastically,” the tribunal said.
“The task of picking up his life has been difficult, humbling and miserable for Mr Stirling.”
Despite striking him from the roll, the tribunal said it was “not unthinkable” he could practise law again, subject to future conditions.
Stirling has not responded to a request for comment.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
