Media release - 24 03 2009

 

http://www.justice.govt.nz/lcro/home.asp

 

For its first decision, the new Legal Complaints Review Office has begun in what should only be described as an appalling start. Advocate, Benjamin Easton of a father’s coalition for the first complainant, states that the injustice of the decision is profound.

The decision is on a family law matter where a lawyer has been challenged for failing to act responsibly or reasonably when fielding allegations of domestic violence. The lawyer was asked to support supervised access for the father over his son in a without notice application. An application of this type means that an order is made from the Family Court and the respondent is then given an opportunity to defend the allegations. In this case the time given to defend was 24 hours before the order became permanent. The father chose not to defend because the circumstances were openly oppressive and biased.

Mr Easton claims that the evidence to support the father that he has been treated unfairly and in a biased way is obvious and is indefensible. The decision itself states that there has been error on behalf of the lawyer and that the first authority to hear the complaint, the Manawatu District Law Society has misinterpreted and mishandled the information it was provided. These facts appear to yield no consequence.

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