KEY POINTS:
After 20 years in a legal limbo, disgraced barrister Eb Leary is back in the fold.
The former counsel to Mr Asia drug syndicate kingpin Terry Clark has this week been granted High Court permission to practise law again.
But one of his first tasks will be to
sit down and pen 80-something thank you letters to all those referees - from within the legal profession and without - who supported his application for reinstatement.
"They have done a lot of work on those references. I don't want them to think I am riding on the hog's back."
In a decision released this week, the High Court upheld Mr Leary's appeal against the Law Practitioners Disciplinary Tribunal's October refusal to reinstate him to the roll of barristers and solicitors.
The court's decision allows him to practise as a barrister, or courtroom-only lawyer.
Edward Poulter (Eb) Leary, 62, was struck off in 1987 for misconduct while representing Clark.
His wrongdoings included:
* Introducing Clark to another client who then began drug dealing with Clark.
* Not putting money from Clark through his trust account.
* Not complying with audit regulations.
* Trying to deceive the Inland Revenue Department and the drug trafficking commission.
But he went to the Practitioners' Tribunal last year expressing his remorse for his actions:
"I feel that no amount of time will ever assuage my inner feeling of ignominy. Having damned myself by my own actions, I had also damned the expectations of my colleagues, the Judiciary, the public and my family."
His application detailed his achievements of the intervening two decades, which included setting up a smoked-fish factory in Ponsonby, setting up a trust to assist children after a Lotto win, running the exclusive Kingfish Lodge in the Bay of Islands and nursing his dying wife.
His application to the tribunal included references from a retired High Court judge, six District Court judges and 15 Queen's counsel.
The tribunal rejected his application, but in a 21-page decision released on Tuesday, the High Court said Mr Leary's evidence "demonstrated ... acceptance of past wrongdoings".
The court said the tribunal had placed too much emphasis on Mr Leary's original wrongdoing. It was "led into error and reached a wrong decision".
One of Mr Leary's referees - and one who will likely lock horns with him in court - Crown Solicitor Simon Moore, said his old foe would bring "a real spark and flair" to the courtrooms of Auckland.
Mr Moore was a "relatively junior" lawyer when Mr Leary was practising, but was impressed by the barrister's ability to cut to the heart of a matter, and "swing a jury his way".
"His word was his bond and he was thoroughly reliable."
Mr Leary yesterday told the Herald he intended to keep things simple in the courtroom because it was the best way to keep the important people happy.
"Judges don't like to be bored. If you have got the ability to define your legal position, then the sooner you have done it, with the utmost brevity, the better."
Despite being two decades from a courthouse, Mr Leary believes his basic training under fearsome judges will not fail him on his return.
"You don't lose what you learn in a baptism of fire by some very powerful judges. If you weren't up to it ... by Christ, you learned."
He has, however, been brushing up over the past 18 months, getting to grips with new legislation such as the Evidence Act.
"A lot has changed, but fundamentally it has been the same for 200 years."
Roger Chambers - who went to school with Mr Leary, and worked with him when both men were young law clerks - was "absolutely delighted" to hear his old friend had won reinstatement.
"What happened many years ago was most unfortunate ... but over the intervening 20 or so years he has done really well."
This week's judgment allows Mr Leary to act only as a barrister, or court-only lawyer, but "that's what he always was", Mr Chambers said. Auckland barrister John Waymouth said Mr Leary's reinstatement was great news.
"I don't think a man should be hung out to dry for any longer than necessary.
"Murderers get out in 10 years, lawyers get out in 20."
