Guilty lawyer can keep practising

00:08, Jun 20 2014
John Walter Appleby
CAN KEEP PRACTISING: John Appleby admitted responsibility for the failings, but denied the shortcomings were done knowingly or recklessly.

An Auckland lawyer has been found guilty of misconduct after admitting negligence in the management of his trust account.

The New Zealand Law Society's disciplinary tribunal today said John Walter Appleby had been found guilty of a charge of misconduct and ordered to pay a $10,000 fine, but would be able to continue practising.

The tribunal said Appleby had not met a number of trust account requirements, and records were less than satisfactory.

It was told Appleby admitted responsibility for the failings, but denied the shortcomings were done knowingly or recklessly.

The tribunal said stripping Appleby of his practising certificate was not required as the failures did not create a danger for the public.

"We have been satisfied that this was an isolated example," the tribunal said.

"The practitioner has been clearly remorseful and has rehabilitated himself by the steps he has taken to ensure there is no repetition."

Appleby, who operates the Ladbrook practice, had engaged an experienced trust accountant to remedy the failings.

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