A junior Wellington barrister and solicitor has been censured and ordered to pay $12,000 for his moonlighting when doing after-hours legal work for his flatmates.
The Lawyers and Conveyancers Disciplinary Tribunal, which regulates the profession, this month found Mohammad Faran Shahzad responsible for two instances of misconduct 鈥渓argely born of inexperience and naivete鈥.
Shahzad, who now lives overseas and no longer works in law, was found to be doing at-home legal work without approval to practise independently and in situations with a clear conflict of interest.
A tribunal order details his 2022 after-hours legal dealings.
It included registering a trademark and logo the the flatmate鈥檚 business, advising on a dispute against a plumber, writing legal letters and advising for a Disputes Tribunal hearing.
Shahzad and his flatmate later had a falling out, and he began advising for his other flatmates who were immigrant employees of his first flatmate, in an employment dispute, something the tribunal considered a 鈥渃lear conflict鈥.
He billed the initial flatmate for his work but was never paid in full.
A letter sent to the plumber included a business letterhead referencing 鈥渨e鈥, as if he were a law firm, the tribunal said.
He also went by 鈥淢FS Lawyers鈥, 鈥淔aran IP鈥 and 鈥淜iora Consultants鈥.
The tribunal said his offending 鈥渇ell at the lower end of the spectrum鈥, saying no one suffered damage from his untidy actions.
While Shahzad initially disputed the charges, filing 130 pages of defence material, the tribunal said a 鈥渨iser, chastened man鈥 eventually admitted to his wrongdoing.
鈥淢r Shahzad feels gloomy about this early blight on his fledgling career,鈥 the order states, but it would not be career-ending, the order by Dr John Adams, the tribunal鈥檚 deputy chairperson wrote.
Adams found he was not aware what he was doing was wrong, due to his inexperience and lack of a mentor.
鈥淗e is relatively young and inexperienced and has never properly practised law in the ordinary sense. With guidance from an employer, he has potential to do well.鈥
Dr John Adams is the deputy chair of the Lawyers and Conveyancers Disciplinary Tribunal. Photo / Supplied
鈥淗is misconduct was largely produced by ignorance, inexperience, compassion, youthful enthusiasm and lack of guidance.鈥
It said he is 鈥渟ensitive to the blemish of these proceedings, and flinches at the prospect of censure, demonstrates he has taken this exercise to heart鈥.
Shahzad has been banned from practising on his own account, although he no longer has a certificate to practise law and does not intend to work in the field in the future.
He has been ordered to pay $10,000 to the standards committee, and $2000 to the New Zealand Law Society, which itself has been fined $8772 as a reimbursement to the costs of the hearing.
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