Mohammad Shahzad's misconduct stemmed from his ignorance, inexperience, compassion, youthful enthusiasm, and lack of guidance, the tribunal found. Photo / File
Mohammad Shahzad's misconduct stemmed from his ignorance, inexperience, compassion, youthful enthusiasm, and lack of guidance, the tribunal found. Photo / File
A junior Wellington barrister and solicitor has been censured and ordered to pay $12,000 for his moonlighting when doing after-hours legal work for his flatmates.
The Lawyers and Conveyancers Disciplinary Tribunal, which regulates the profession, this month found Mohammad Faran Shahzad responsible for two instances of misconduct “largely born ofinexperience and naivete“.
Shahzad, who now lives overseas and no longer works in law, was found to be doing at-home legal work without approval to practise independently and in situations with a clear conflict of interest.
A tribunal order details his 2022 after-hours legal dealings.
It included registering a trademark and logo the the flatmate’s business, advising on a dispute against a plumber, writing legal letters and advising for a Disputes Tribunal hearing.
Shahzad and his flatmate later had a falling out, and he began advising for his other flatmates who were immigrant employees of his first flatmate, in an employment dispute, something the tribunal considered a “clear conflict”.
He billed the initial flatmate for his work but was never paid in full.
A letter sent to the plumber included a business letterhead referencing “we”, as if he were a law firm, the tribunal said.
He also went by “MFS Lawyers”, “Faran IP” and “Kiora Consultants”.
The tribunal said his offending “fell at the lower end of the spectrum”, saying no one suffered damage from his untidy actions.
While Shahzad initially disputed the charges, filing 130 pages of defence material, the tribunal said a “wiser, chastened man” eventually admitted to his wrongdoing.
“Mr Shahzad feels gloomy about this early blight on his fledgling career,” the order states, but it would not be career-ending, the order by Dr John Adams, the tribunal’s deputy chairperson wrote.
Adams found he was not aware what he was doing was wrong, due to his inexperience and lack of a mentor.
“He is relatively young and inexperienced and has never properly practised law in the ordinary sense. With guidance from an employer, he has potential to do well.”
Dr John Adams is the deputy chair of the Lawyers and Conveyancers Disciplinary Tribunal. Photo / Supplied
“His misconduct was largely produced by ignorance, inexperience, compassion, youthful enthusiasm and lack of guidance.”
It said he is “sensitive to the blemish of these proceedings, and flinches at the prospect of censure, demonstrates he has taken this exercise to heart”.
Shahzad has been banned from practising on his own account, although he no longer has a certificate to practise law and does not intend to work in the field in the future.
He has been ordered to pay $10,000 to the standards committee, and $2000 to the New Zealand Law Society, which itself has been fined $8772 as a reimbursement to the costs of the hearing.
