The Lawyers and Conveyancers Disciplinary Tribunal yesterday released its decision on Mr Guest's application for reinstatement, which contains undertakings it requires Mr Guest to give in writing.
Speaking from his family's Wanaka holiday home yesterday, Mr Guest, a Dunedin city councillor, said a "black cloud" had been lifted from him and he would meet the required conditions (see panel).
Mr Guest was ordered struck off in December 2001 when he was found guilty of two charges - one of professional misconduct for taking $25,000 more from a client than he had a right to, and one that he lied to his client.
In July this year, Mr Guest represented himself at a two-day disciplinary tribunal hearing chaired by Judge Dale Clarkson.
He drew attention to 178 "letters of support" from mayors, professors, business leaders, a former minister of the Crown, a bishop, principals, doctors, dentists and lawyers.
The tribunal said it had been "heavily influenced" by a 2007 decision of the full court of the High Court, which had overruled the tribunal and allowed Auckland barrister Eb Leary, counsel to Mr Asia drug kingpin Terry Clark, to practise law again after 20 years.
It considered Mr Guest's offending less serious than Mr Leary's.
The tribunal said the onus was on Mr Guest to persuade the tribunal that he "is of good character and a fit and proper person . . ."
It described him, at one point in the decision, as a "clever, capable, flawed lawyer" who appeared to have been "confident to the point of over-confidence".
The tribunal said it understood the "traumatic impact" of Mr Guest's being struck off and also understood the "natural human reaction to engage in self-justification and minimisation", but reinstatement required applicants to acknowledge their wrongdoing "fully and unambiguously".
It considered Mr Guest had applied himself "energetically and conscientiously" to his work as a city councillor.
"In the end, we have been satisfied that Mr Guest understands, accepts and does not argue with his past serious wrongdoing."
Asked to comment on the decision, Mr Guest said he was "relieved and humbled".
"The outcome, I find, is wonderful. Wonderful. I can get back into harness again doing the professional job that I think I was fairly good at.
"It's like a black cloud's been lifted off me."
He said his "first love and duty" was local body politics and, "at the moment", he had every intention of standing for the Dunedin City Council at next year's election.
Of the criticism made of him by the tribunal, Mr Guest said it was "fair comment that I've got to take on the chin".
"It's coming up eight years in December when I was struck off for a one-time incident which occurred 14 years ago for which I am very, very sorry.
"There must come a point in my life when I can look to the future."
The law society has 20 days in which to appeal.
Society barrister Len Andersen declined to comment when approached yesterday.
The conditions
- Reimburse $30,000 to New Zealand Law Society by 2013.
- Practise only as a barrister.
- Not receive money directly from clients.
- Opinion work, criminal representation and duty solicitor work only for next three years.
