Disgraced Auckland lawyer Barry Hart has failed in his bid to continue practising law until he can appeal being disbarred in December.
Hart was struck off the roll of barristers and solicitors after being found guilty of professional misconduct at a Lawyers and Conveyancers Disciplinary Tribunal in August.
He is appealing his punishment, with a hearing to be held in December, and went to the High Court yesterday seeking permission to keep representing clients he already had going through the courts in the meantime.
In a decision released today, Justice Graham Lang said parliament's intention was clearly that when a person was struck off they should be suspended from working as a barrister.
He said there was no ability to oversee Hart's activities should he be allowed to continue practising.
"I do not consider it possible to adequately manage or guard against the risk to members of the public that relaxation of the current suspension would create."
He declined Hart's application for interim relief.
Hart was found guilty of gross overcharging, failing to pay a private investigator, and obstructing the law Society investigation into complaints against him.
He will appeal the findings, and his striking off, on December 10.
- © Fairfax NZ News
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