Hearing for Dunedin lawyer at end of month

Dunedin lawyer John Milne will face four professional misconduct charges, concerning almost $3 million in missing clients' funds, in Christchurch at the end of the month - 10 months after the allegations first came to light.

In February, insolvency agency the Official Assignee found more than $2.9 million of funds was obtained from clients of later self-bankrupted Mr Milne, who will face charges bought in late November by the standards committee of the Dunedin branch of the Law Society.

He will be prosecuted by Christchurch solicitor Gerald Nation, on behalf of the Law Society.

The four charges before the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, allege professional misconduct, relating to receiving and dealing with clients' funds.

Convener of the standards committee of the Otago branch of the Law Society, David More, said April 30 had been set down for the tribunal hearing, in Christchurch, despite the Dunedin branch wanting the case heard in Dunedin.

Mr Milne has been residing in Christchurch since mid-2008 and has always referred all comment to his lawyer.

Mr More said the hearing, which is open to the public, was expected to last one day and the tribunal had indicated a decision would be released that day.

Mr More said Mr Milne had indicated he would not oppose being struck off and had admitted the allegations of professional misconduct, but had denied he was dishonest.

Mr More said any question of dishonesty would be decided if the Serious Fraud Office decided to lay charges. The SFO does not comment on investigations while they are still under way.

Mr Milne, who no longer has a practising certificate, had his legal practice in Dunedin for several decades before it was bought by Dunedin law firm Craig Paddon Law, about five and a-half years ago. He went to work for that firm in Christchurch, from July 2008.

The law firm had been unaware of claims Mr Milne borrowed money from clients.

A total 38 claimants were involved, and an estimated $2,906,224. It has been estimated $137,497 was owed to banks and creditors, while the balance of $2,768,727 was in funds given to Mr Milne by clients, over a long period. The three largest sums involved were $964,000, $315,000 and $240,000, while five were around $100,000 or more and 14 were $10,000 or less. Key to any compensation claim in the future is whether the clients lent money to Mr Milne, or whether they were expecting returns on an investment, but the tribunal is not expected to make a ruling on this issue.

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