Dunedin lawyer given one-year suspension

Simon Nicholas Claver. Photo: Allied Press/Southland Express
Simon Nicholas Claver. Photo: Allied Press
A Dunedin-based lawyer has been suspended from work for a year and labelled a ''poorly trained, muddled, overworked and depressed practitioner''.

Simon Nicholas Claver admitted a charge of misconduct before the Lawyers and Conveyancers Disciplinary Tribunal relating to a turbulent two-year period featuring a range of failings against 14 clients.

The ruling, issued by Judge Dale Clarkson, acknowledged the barrister had taken on too much work at the time in a bid to service hefty bank debts and was suffering extreme stress as a result.

While the barrister accepted his shortcomings, he took aim at the New Zealand Law Society (NZLS) for what he believed was a lack of care in its members.

''Nothing will change because people who run for office in the Law Society aren't interested in changing things ... They're more interested in getting their arse on the High Court bench,'' Claver told the Otago Daily Times.

''Nobody will speak up. They're all bloody scared, because [they] hold our livelihoods in their hands.''

He objected to the NZLS' claim it cared about the welfare of its practitioners.

''What a load of bollocks.

''There are a lot of professionals out there who are struggling at the moment. I have friends in the profession who are on sleeping pills. These are young people who should be enjoying life, not relying on medication to sleep.''

The 27-page judgement details the litany of mistakes Claver made.

''On regular occasions in 2015 and 2016 Mr Claver failed to appear in court for list and callover matters,'' documents stated.

In July 2016, after one such incident, Judge Bernadette Farnan issued a minute which was sent to the NZLS.

Claver responded by writing a letter of apology directly to the judge, addressed to the Invercargill District Court - a serious breach of protocol.

The same judge was also highly critical of the lawyer's written submissions.

Some she described as ''not particularly detailed nor ... particularly helpful'' and on another occasion ''woefully inadequate''.

Claver admitted to misleading the court and the NZLS but was adamant it was inadvertent.

Judge Clarkson agreed.

''In the end, we were not persuaded that Mr Claver, who came across as genuine in the giving of his evidence, was intentionally dishonest either with his professional body or with the court.''

The society considered striking him off but decided that would be a ''disproportionate response to the failings of a poorly trained, muddled, overworked and depressed practitioner''.

Claver told the ODT he had been adjudged bankrupt in February 2018, which had relieved a lot of the pressure on him.

He had worked with the Official Assignee to ensure he could continue working and his finances were now handled by an accountant.

Claver, who started practising law in his 50s, said he had downsized his practice and now only worked in Gore.

He was undertaking counselling and said he would spend the next year sharpening his legal skills.

Claver was excited about getting back into court.

''Bloody right. I love my job,'' he said. ''I entered the law because the law's the thread that holds the fabric of society together and I want to be part of that.''

Before he could continue, Claver would have to reapply to the body's Practice Approval Committee. He said if they rejected him they would have a High Court battle on their hands.

“I'll scream louder than a f*****g foghorn,” he said.

 

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