Auckland lawyer issued three month suspension

by NZ Lawyer20 Mar 2014
The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has suspended Auckland lawyer Mohammed Faiyam Khan from legal practice for a period of three months commencing 25 March 2014, according to the New Zealand Law Society.

The tribunal has also censured Khan, ordered him to pay compensation of $5,000 and costs and ordered that he make his practice available for inspection at such times and by such people as nominated by the New Zealand Law Society for a period of 12 months.

Khan admitted a charge of negligence or incompetence in his professional capacity of such a degree as to reflect on his fitness to practise or as to tend to bring the profession into disrepute.

He breached the terms of a solicitor’s certificate when he acted for a lender when instructed to secure a mortgage and term loan agreement for a property. Khan also failed to obtain the signature of the guarantor or covenantor despite certifying that the covenantor had executed the agreement.

The tribunal found that Khan’s conduct amounted to the negligence charge that he admitted, but did not amount to misconduct in his professional capacity.

New Zealand Law Society President Chris Moore says New Zealand lawyers are required to maintain very high standards in every transaction they carry out.

“The need for care and accuracy is constant and anyone who hires a lawyer is entitled to expect their lawyer will perform to those standards.”