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'Ignorant woman': Lawyer's comments to judge earn him suspension

Author
Jeremy Wilkinson,
Publish Date
Sun, 5 May 2024, 3:02pm
The lawyer became frustrated with the Family Court process and accused the judge, court staff and opposing counsel of bias and sexism. Photo / 123rf
The lawyer became frustrated with the Family Court process and accused the judge, court staff and opposing counsel of bias and sexism. Photo / 123rf

'Ignorant woman': Lawyer's comments to judge earn him suspension

Author
Jeremy Wilkinson,
Publish Date
Sun, 5 May 2024, 3:02pm

A lawyer who was fighting for custody of his own children and was frustrated with the process called a judge and opposing counsel 鈥渋gnorant women鈥 and labelled the Family Court a 鈥渧agina court鈥.

Those comments were just some of the accusations made in a 10-page memorandum which also accused his wife鈥檚 lawyers of being 鈥渇eminist staff who had a bone to pick with men鈥 and have now earned him a six-month suspension from practising as a lawyer.

The man, who can鈥檛 be named due to automatic suppression orders from the Family Court, was representing himself in a personal matter and was a practising employment lawyer at the time.

Because of this his conduct was referred to the Law Society, which investigated the incident and referred it on to the Lawyers and Conveyancers Disciplinary Tribunal. The tribunal this year found the man guilty of personal misconduct, labelling his comments 鈥渦gly and discriminatory鈥.

鈥淭he sheer quantity and breadth of the outrageous and insulting communications, even though confined to the context of private Family Court proceedings, lead us to the view that this is very serious misconduct,鈥 their finding read.

Today, that same tribunal opted to suspend the lawyer鈥檚 practising certificate for six months and order him to pay $27,000 in legal costs.

While the tribunal didn鈥檛 consider the man a risk to the public they did find he posed a risk to the reputation of the legal profession if it allowed him to continue practising.

The tribunal also noted that the man, known as Mr U in their ruling, lacked insight into what he鈥檇 done and had accused the Law Society of 鈥渁ttacking him鈥.

鈥淢r U has not demonstrated that he really grasps how damaging of the institution and of his profession such comments were,鈥 the tribunal said.

鈥淭he tribunal was unanimous in its view that he is currently not fit to practice, although remains optimistic that with further time and guidance, he will be so.鈥

At a hearing into his conduct last November, the man attempted to provide some context for lashing out at the court by explaining that he鈥檇 become frustrated with the process.

He said the court was heavily biased against him in a range of ways and he鈥檇 been effectively silenced in an emotionally charged proceeding where he was battling for custody of his children.

鈥淢y frustrations were absolutely uncontainable to me at the time 鈥 I was extremely frustrated,鈥 he told the tribunal last year.

鈥淚 would describe it as a father at his wits鈥 end.鈥

The memorandum he filed claimed the judge presiding over his custody battle judge had 鈥渋ncorrectly [interpreted] High Court precedent that a C-grade first-year law student would not have got wrong鈥.

He then said the judge and his ex-wife鈥檚 counsel had made mistakes that 鈥渁n ignorant woman would make鈥 and that the Family Court in general operated on a 鈥渧agina = win, penis = lose鈥 basis.

However, his comments weren鈥檛 limited to the one memorandum, and in an email sent to the firm representing his wife, he said they were focused on destroying his life, were milking the legal aid system and 鈥渉ad a bone to pick with men鈥.

He then filed another memorandum to the Family Court where he denigrated that firm and the police. A different judge who was presiding over the case on that day suggested he desist from filing any further memoranda to the court.

The man鈥檚 primary argument was that he was acting purely in a personal capacity rather than a professional one and his conduct occurred behind closed doors and out of the eye of the public.

However, the Standards Committee prosecuting him on behalf of the Law Society said he was still a practising lawyer at the time so his behaviour amounted to at least personal misconduct.

While the man is no longer a practising lawyer, if he wants to return to the profession he must complete a training course on professional conduct and inform the Law Society when he has completed it.

Jeremy Wilkinson is an Open Justice reporter based in Manawat奴 covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for 九一星空无限 since 2022.

This article was originally published on the NZ Herald

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