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Home / New Zealand

West Auckland lawyer guilty of 'flagrant and gross' misconduct

By George Block
Reporter·NZ Herald·
21 Oct, 2022 04:00 PM4 mins to read

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Auckland lawyer Neshia Holdaway, who was found guilty of three charges of professional misconduct following a Lawyers and Conveyancers Disciplinary Tribunal hearing in August 2022. Photo / Supplied

Auckland lawyer Neshia Holdaway, who was found guilty of three charges of professional misconduct following a Lawyers and Conveyancers Disciplinary Tribunal hearing in August 2022. Photo / Supplied

An Auckland lawyer accused of failing to promptly pay the proceeds of farm sales and not completing clients' instructions has been found guilty of professional misconduct.

Neshia Holdaway, director of Norwest City Law in Waimauku, is the subject of a scathing decision from the Lawyers and Coveyancers Disciplinary Tribunal, recently released following an August hearing.

Tribunal deputy chair John Adams took aim at her disengagement from her governing body after she refused to comply with requests from the Auckland Standards Committee following complaints.

"Whether her disengagement arises from arrogance or from some other reason, we are uncertain," Adams said.

"We find the magnitude of her failures were flagrant and gross."

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Holdaway blamed a series of health issues, including concussion and chronic pain, for her disengagement with the tribunal and the Standards Committee.

But Adams said no good evidence was presented to support these claims. A doctor's letter "contained no substance" and the tribunal gave it no weight as evidence.

"Both in dealing with the Standards Committee and the tribunal, Ms Holdaway made much of her alleged health issues but she has provided no cogent medical evidence to verify her assertions."

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The tribunal found her guilty of three charges of misconduct.

"We find that these failures to engage properly with her governing body would be regarded by lawyers of good standing as disgraceful."

One charge she faced concerned two unrelated clients. All complainants in the case were granted permanent name suppression.

One client complained Holdaway had retained the sale proceeds of a farm without his consent and she had not released his files to his new lawyers.

Another complained she had not followed through on instructions regarding a gifting arrangement.

In the first case, she failed to reply to requests for information from the Standards Committee.

"She believed the Standards Committee did not need any more documents because, in her view, it was simply about money and the money was secure, in her submission," Adams said.

Reluctance to comply with Standards Committee requests was also reported in the second case regarding the gifting arrangement.

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"When the Standards Committee requested her response, Ms Holdaway claimed the complaint was an effort to reduce her fees."

The second charge concerned an 86-year-old client whose farm sale settled on April 30, 2020.

When the settlement funds were not paid to him promptly, he instructed new lawyers who asked Holdaway to confirm the settlement had gone ahead and to forward all files.

She did not comply.

"She took the view that the new solicitors did not need the documents," Adams said.

The new solicitors complained on behalf of their client and she missed a deadline from the Lawyers Complaints Service to respond.

After a follow-up letter, she wrote back stating that "due to complications from my earlier injuries (post-concussion symptoms) and a more recent injury which I am struggling with and also as a chronic pain sufferer, I will require an extension of time to be able to respond".

She was granted another extension of several months but again failed to respond to email requests and voicemails.

The third and final charge related to a client who instructed her to pay over $400,000 of their funds, held in Holdaway's trust account, to a well-known wealth management firm.

She failed to do so and suggested anti-money laundering checks were an impediment and would take six to eight weeks.

"She seemed to think her own privacy would be breached by complying with anti-money laundering requirements," Adams said.

"We find these propositions puzzling and concerning."

Four months later, the client instructed new lawyers who sent a request to Holdaway for files, whereupon she finally paid the funds into the account of the wealth management firm.

A similar story to the other charges unfolded. The client's new lawyers complained but Holdaway failed to comply with requests from the Standards Committee.

"It is settled law that practitioners have a basic professional obligation to co-operate with the Law Society as the profession's governing body and to provide it with accurate information," Adams said.

"Holdaway's failures to respond were, in each case, inexcusably tardy.

"Where she eventually responded, her response was only partial. We find the magnitude of her failures were flagrant and gross."

The tribunal ordered a penalty hearing to be set down as soon as possible.

"We emphasise, for Ms Holdaway's benefit, that we are deeply troubled by her presentation.

"We urge her, in her own interest, to obtain competent counsel to file evidence and submissions so we can better understand her circumstances."

Holdaway did not respond to requests for comment from the Herald made via phone and email.

The Law Society Register on Friday showed she still held a practising certificate as a barrister and solicitor, issued on July 1 this year.

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