'Unlikely indeed' that anyone would trust jailed lawyer with money again

Former Napier lawyer Gerald McKay was struck off in 2014 after the New Zealand Lawyers and Conveyancers Disciplinary Tribunal found him guilty of one charge of professional misconduct by acting for a number of parties in a series of transactions where there were strongly conflicting interests.

A disgraced lawyer who treated prison staff like receptionists will be getting out of jail next month, partly because the parole board is confident no-one would trust him with money again.

Napier lawyer Gerald McKay, 76, was jailed in 2016 for four years and six months after a jury found him guilty of five charges of theft, five charges of using a document for pecuniary advantage, and one representative charge of criminal breach of trust.

Between 2005 and 2010 money from clients' trusts was shifted into McKay's own business accounts for day-to-day expenses for his firm McKay Hill Lawyers.

The firm's clients lost between $650,000 to $700,000.

McKay was declined parole by the parole board last year, with the board saying he lacked genuine remorse and he "exhibits some sense of entitlement" and "sometimes treats the staff like receptionists".

When the board saw him again earlier this month it said he had demonstrated insight into the triggers of his offending and a psychologist said there was a very low risk of him re-offending.

The psychologist said McKay's offending occurred as a result of the position he held as a practicing lawyer.

The board said: "That is no longer available to him. The case itself attracted significant media attention, and the report writer opined that people would be unlikely indeed to trust Mr McKay with money in future. The board accepts that view likewise".

McKay would be released from prison next month. He would be subject to several conditions until his sentence ended in in August 2020. These included a condition that prohibited him from "handling money, provision of advice or management of the financial accounts or transactions, of any person or entity, unless you have the prior written approval of a probation officer".

McKay practised law in Napier from 1967 until his practising certificate was suspended following a Law Society investigation of his firm's trust account in 2010. He was president of the NZ Trustees Association from 2004 until 2010. He was struck off as a lawyer in 2014.

The NZ Law Society Fidelity Fund, which is funded by law practitioners, paid $448,000 toward the victims of his offending.
 
Full Article & Source:
'Unlikely indeed' that anyone would trust jailed lawyer with money again

No jail for Napier lawyer convicted for breaching trust

A lawyer has been sentenced to home detention and community work for breaching the trust of clients.

Richard Henry Hill,  of disgraced law firm McKay Hill, was sentenced in Napier District Court last week.

Judge Michael Crosbie said Hill, 70, "knowingly and dishonestly converted client funds" from the McKay Hill partnership in an unauthorised manner.

"The purpose of the dishonest conversion was to meet the firm's expenses, including wages and partners' drawings," Judge Crosbie said in sentencing notes.

Judge Crosbie said Hill's offending was in stark contrast to that of his former partner.

Remorseless Gerald George McKay stole $556,000 from clients' trust fund accounts and estates, and was jailed earlier this year on a raft of charges.

"Unlike your former partner Mr McKay, it is not suggested that you are responsible for any loss of clients' funds," Judge Crosbie said at Hill's sentencing.

Hill was found guilty on one representative count of a criminal breach of trust committed between October 1, 2003 and June 14, 2005.

During that time, Hill was a partner in McKay Hill.

Hill first faced one charge of criminal breach of trust at the court in 2011.

He and McKay were investigated after irregularities were uncovered in the law firm's trust account.

The judge said Hill had a "very public fall from grace" and was remorseful.

"The impression I gained was that you were effectively using your clients' funds as your banker.

"The conviction alone will carry more weight for you than many, as it often does for offenders who have led an otherwise exemplary life and are well known in the community."

He said Hill had no "relevant previous convictions". Those factors and others, along with the health of Hill and his wife, brought the sentence down from two years to 18 months, so the judge could consider home detention.

Hill's wife had Alzheimer's disease and the former lawyer was her primary caregiver.

The sentence was cut further, to 8 months' home detention, but with 100 hours' community work added.

McKay Hill held funds in trust for clients in a solicitors' trust account.

McKay, 74, was sentenced in Napier District Court in April after a jury trial.

He was found guilty of five charges of theft, five charges of using a document for pecuniary advantage, and one representative charge of criminal breach of trust.

According to the Law Society website, McKay was suspended but Hill still had a practising certificate.

Full Article & Source:
No jail for Napier lawyer convicted for breaching trust