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Home / New Zealand

Whangārei lawyer suspended for misconduct

Imran Ali
By Imran Ali
Multimedia Journalist·Northern Advocate·
7 Nov, 2021 04:00 PM3 mins to read

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Whangārei lawyer Lynette O'Boyle has been suspended for six weeks for misconduct and ordered to pay costs. Photo / Michael Cunningham

Whangārei lawyer Lynette O'Boyle has been suspended for six weeks for misconduct and ordered to pay costs. Photo / Michael Cunningham

'Reckless' and 'disgraceful' is how a disciplinary tribunal described the decision of a Whangārei lawyer to become over-involved in a case that brought disrepute to the legal profession.

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has suspended Lynette O'Boyle for six weeks and ordered her to pay each of her two complainants $3,000 and the Auckland Standards Committee $22,711 in costs.

She has also been ordered to engage in a course of professional supervision at her own cost for a maximum of two years.

O'Boyle said through her lawyer Kate Davenport that she did not want to make any comment on the tribunal's decision at this time or whether she intended to appeal.

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In April, the tribunal made a finding of misconduct in that she became over-involved in a case where a client lost day-to-day care of children to an ex-partner.

O'Boyle sent letters to the employer of the ex-partner, to the employer of the ex-partner's partner, and to another employer and copied them to the Privacy Commissioner. The letters contained false allegations and unsubstantiated speculation dressed up as fact.

The tribunal found the letters were designed to damage the employment relationships of the two victims who were senior employees for important Government departments.

They were embarrassed by the communications.

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O'Boyle, who has practised law for more than 30 years, compounded her wrongdoing by repeatedly asserting to the Standards Committee that some of her allegations were borne out by evidence in the Family Court case.

When the record was shown to prove her wrong, she claimed that when she referred to notes of evidence, she simply meant to reference her own handwritten notes, which happened to be wrong.

The tribunal said O'Boyle was under personal strain at the time of her offending, particularly on account of her mother's health and the consequent strain of repetitive travel.

"It seems clear that Ms O'Boyle finds her work stressful and has not developed healthy ways of managing the stress."

It was more than three years since she wrote the offending letters. During that time, the tribunal said O'Boyle has not sent a letter of apology to the victims.

The tribunal said while it accepted the fact that lawyers could sometimes make honest mistakes, what distinguished her case was the intent to harm the opposing self-represented party in an unrelated sphere.

"The lie, the wilful or reckless extent of allegations and inferences, the scattergun of toxic material, the reckless failure to check material or question her own sources before going on such a strong attack, support this.

Her conduct would reasonably be regarded by lawyers of good standing as disgraceful, wilful or reckless, the tribunal said.

"We find her expressions of remorse are thin, more related to her embarrassment at the public shame involved in these matters coming to light rather than recognition of her wrongdoing and compassion for those she harmed.

"Ms O'Boyle needs to be challenged about her practice, made to account for her choices, and develop ways of interacting that are professionally appropriate, especially so because she practises in the emotionally charged area of family law."

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