Latest news with #legalpractice
RNZ News
2 days ago
- Health
- RNZ News
Lawyer struck off after taking $200k of client funds to escape abusive relationship
By Jeremy Wilkinson, Open Justice reporter of The woman said she lived in constant fear of her husband. Photo: 123RF A lawyer who says she feared for her life at the hands of an abusive husband took at least $200,000 from her clients, partly to escape the relationship. "I understand how on the face this looks like a simple story of a lawyer who misused client funds," she told a disciplinary tribunal today, "but, this is a story of a long shadow of domestic violence". The woman, who has name suppression, said she and her children were in a state of survival for seven years. She said they lived in constant fear of her husband and often had to barricade themselves in a bedroom so he wouldn't hurt them. "The term survival mode does not do justice to the psychological toll," she said. "I genuinely believe we would have ended up as a news headline for a murder suicide." Despite the abuse, the woman continued to operate a successful legal practice, but began dipping into her firm's trust account so she could move cities to escape her husband. Today, the woman told the Lawyers and Conveyancers Disciplinary Tribunal that taking money from the account, which is used to hold client funds, began as an error. But, she then started taking more in the belief she could repay it. The woman told the tribunal that she accepted she would be struck off for taking the money, some of which she has already repaid, and realises now that she should have shut her firm down when she couldn't cope. "But I loved being a lawyer. "In all the darkness, it was the one thing I was holding onto that made me feel like me." She knew it was wrong Milan Djurich, counsel for the Standards Committee laying charges against the woman on behalf of the New Zealand Law Society, told the tribunal that the woman knew what she was doing was wrong. "It was a high level of theft and a breach of professional standards," he said. According to the charges against the woman, it was one of her clients who contacted the Law Society in 2023, concerned about the lack of contact from the woman after they'd paid a significant deposit. Investigators estimated that there was a shortfall of at least $200,000 in the trust account before taking control of it in December 2023. It was found the woman transferred money out of the trust account and spent it on things like insurance, gym fees, relocation costs, school fees and books and payments on a deposit for a property she'd purchased. There were also several large transfers into her personal accounts, but it's unclear exactly what that money was spent on. The woman's lawyer, Stewart Sluis, said his client didn't have access to the trust account any longer as the Law Society took it over, and she now couldn't determine exactly how much she took, but the Standards Committee accepted that the shortfall was at least $203,000. The woman, who handed in her practising certificate voluntarily, accepted she would be struck from the roll of barristers and solicitors. The woman has recently won a relationship property settlement in the Family Court against her ex-husband. She now plans to use the proceeds to pay the rest of the money she took from her clients. While the woman was granted name suppression, she asked the tribunal to include the context of why she took the money in its written decision. Because the Family Court is strictly suppressed, if she had lost name suppression, the wider context about her husband could not have been referenced by the tribunal, nor reported by NZME. "This is my attempt to tell my side of the story, one shaped by domestic violence and a mental state shattered by fear," she said. "I hope that sharing this story may help other women in the future." The tribunal ordered that the woman be struck off and that she pay legal costs as well as repay the money that was taken from her clients. * This story originally appeared in the New Zealand Herald . If it is an emergency and you feel like you or someone else is at risk, call 111.
Free Malaysia Today
4 days ago
- General
- Free Malaysia Today
Rethinking the CLP: from a high wall to a well-signposted bridge
From Dr HB Chee I refer to the FMT article 'Report shows up shoddy work of budding lawyers in CLP exam' highlighting the weaknesses of those sitting for the July/August 2024 Certificate in Legal Practice (CLP) exam in Malaysia. The Examiner's Report paints a troubling picture: more than half of the candidates did not pass three of the five papers, and many answers showed a weak command of English, poor drafting and little real-life understanding of legal work. Historical background of the CLP In 1984, the Inns of Court changed their admission rules, abruptly preventing many Malaysians studying in the UK from sitting for the English bar finals. To avert a looming bottleneck, the Malaysian Board of Legal Education hurriedly launched a 'special course leading to a Certificate in Legal Practice' at the time as a stop-gap measure. Forty years later, that provisional fix has evolved into the main gateway for foreign-trained graduates and for holders of the local Bachelor of Jurisprudence (Universiti Malaya) and Bachelor of Legal Studies (UiTM). The scheme that has enabled thousands who could not afford a second stint in London to enter the profession, has unified the qualification standard for advocates and solicitors, and more importantly, CLP has kept the regulation of admission firmly within Malaysia's own jurisdiction. As a coach for CLP candidates now, I am often asked the same question: What exactly are the examiners looking for? The 2024 Examiner's Report The report shows that many candidates never find the answer. Failure rates reached 58% in civil procedure and 65% in professional practice; scripts displayed 'poor to average command of English', 'heavy reliance on memorised model answers' and 'a weak ability to apply law to fact'. Most tellingly, the report recommended that future candidates complete six months of firm-based internship before attempting the papers, which serves as an implicit admission that classroom teaching alone is not producing practice-ready graduates. The root of the problem lies in transparency. Unlike some mature jurisdictions, the Legal Profession Qualifying Board (LPQB) provides no official marking rubric, no grade descriptors and no sample scripts. In that vacuum, teaching colleges devise their own 'model answers', encouraging rote learning over genuine reasoning. Candidates, unsure of the true benchmark, overlearn statutory quotations while neglecting analytical techniques. They also arrive at the exam with little exposure to real pleadings or court documents, so substantive knowledge often collapses under procedural uncertainty and shaky language. England and Wales demonstrate that high standards can coexist with open expectations. Their Bar Standards Board places its curriculum and assessment strategy and detailed grade descriptors online for all to see. After each sitting, the chair of the Central Examinations Board releases a public report discussing question difficulty, mark profiles and common errors; and every course provider must give students at least one mock paper with feedback, some even publishing worked answers. In short, the marking yardstick is visible to candidates so they know where the bar is set and they can train accordingly. The Examiners' Report is a service to the profession; it diagnoses without fear or favour. But diagnosis alone, unaccompanied by a treatment plan, risks breeding only cynicism. Recommendation Malaysia can achieve the same clarity without waiting for the long-discussed common bar course. Until that arrives, thousands of students remain in the current CLP pipeline. The LPQB could act immediately by adopting a few simple measures: These steps would do more than improve pass rates. They would align study habits with real practice, ensure that every successful candidate meets a transparent standard and restore public confidence that newly admitted advocates are fit to safeguard a client's interests from day one. The CLP began as an inclusive bridge and should remain as one. Maintaining an examination that prizes rigour while concealing its own expectations risks turning that bridge into a wall. By pairing candid critique with open standards and structured pre-practice, the LPQB can keep the CLP true to its founding spirit — access with integrity — and help the next generation of counsel cross from aspiration to competent service. Dr HB Chee is a practicing lawyer and a reader of FMT. The views expressed are those of the writer and do not necessarily reflect those of FMT.
Reuters
23-05-2025
- Business
- Reuters
Four partners leave Paul Weiss following law firm's deal with Trump
May 23 (Reuters) - Four partners are leaving law firm Paul Weiss, after it struck a deal in March with U.S. President Donald Trump to lift an executive order that targeted the firm. Karen Dunn, Bill Isaacson, Jeannie Rhee and Jessica Phillips said in an internal email obtained by Reuters they were departing to form a new practice together. "We were disappointed not to be able to tell each of you personally and individually the news that we have decided to leave Paul, Weiss to start a new law firm," the email said. "It has been an honor to work alongside such talented lawyers and to call so many of you our friends." The four did not immediately respond to requests for comment. The email did not mention Paul Weiss' deal with Trump, in which the firm pledged $40 million in free legal work to support mutually agreed causes with the administration. Eight other law firms have since made similar deals with the White House. "We are grateful to Bill, Jeannie, Jessica and Karen for their many contributions to the firm," Paul Weiss Chairman Brad Karp said in a statement on Friday. Dunn, co-chair of the firm's litigation department, is a leading Washington lawyer and prominent Democrat, having served in the Obama White House and later on the debate prep team for Trump's 2024 election opponent Kamala Harris. She is Google's (GOOGL.O), opens new tab lead attorney in a lawsuit by the U.S. Justice Department accusing the company of monopolizing digital advertising markets. Rhee joined Paul Weiss in 2019, after serving on the prosecution team led by Special Counsel Robert Mueller that probed any connections between Trump's 2016 presidential campaign and Moscow. Isaacson, a veteran antitrust lawyer, joined Paul Weiss in 2020 from Boies Schiller Flexner along with Dunn and Phillips. Four law firms have sued the Trump administration over executive orders like the one Trump rescinded against Paul Weiss, which threatened the firms' access to government officials and federal contracting work. A judge on Friday struck down Trump's order against Jenner & Block, following a similar ruling this month for Perkins Coie.
Times
22-05-2025
- Business
- Times
Law firms threaten to claw back fees for exam failures
Fees for the solicitors qualifying examination are set to rise slightly next year, meaning the two-part gateway into legal practice will set students back nearly £5,000. Seeking help from firms by getting a training contract could, however, be a risky business. The four-year-old exam, which triggered palpitations among old guard lawyers when regulators first mooted the change after about nine years of consultation, has just had a clean bill of health from an independent reviewer. Bigger problems with solicitor training have emerged not from the exam, but from law firms and their alleged approach to students who fail it. More on that in a moment. First, it should be noted that the latest review described last year's delivery of the SQE as 'good', with clear
Free Malaysia Today
13-05-2025
- Politics
- Free Malaysia Today
Johor land dept ordered to stop asking for ‘surat akuan' from lawyers
The Johor Lands and Mines Department was held to have gone against the National Land Code in requiring declarations from lawyers and their clients. (Website pic) JOHOR BARU : The Johor Lands and Mines Department has been ordered to stop requiring lawyers and their clients to give undertakings on the authenticity or truth of documents submitted for processing. In a decision last month, the Court of Appeal declared as null and void any documents signed, obtained, or received prior to the date of the court's order. The court held that the practice, which had been in place since 2022, went against the National Land Code. The Johor Lands and Mines Department (PTG) the registrar of titles, and state land administrators were ordered to immediately cease the practice of asking for the undertakings. Lawyers had been required since 2022 to submit a declaration (surat akuan) and their clients to submit an undertaking (akuan pemohon) attesting to the authenticity of documents submitted for processing. They were also required to give an undertaking that they would not subject the PTG to any legal action. The court's orders came when it allowed an appeal by the Bar Council against a high court decision in August 2023 to dismiss the Bar's application for a judicial review of the department's actions. In its appeal, the Bar said it was illogical and unreasonable for the department to ask a person to vouch for information and documents supplied by a different party or parties about which the applicant has no knowledge. Signing the 'surat akuan' also meant a person dealing with PTG must relinquish their future legal rights. The Bar argued that the High Court judge failed to appreciate that the forfeiture of rights requirement was 'irrational, unreasonable, self-serving, against public policy and is likely to produce absurd outcomes of penalising victims of fraud'. The appeal was heard by Justices Lee Swee Seng, Choo Kah Sing and Wan Ahmad Farid Wan Salleh. Yeo Yang Poh, Fadhil Ihsan and Syahmi Nawawi represented the Bar Council while assistant state legal advisor Adzam Zainal Abidin appeared for the state land authorities.
