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JUNE 15, <strong>2016</strong><br />
Lawyer suspended for nine months<br />
New Zealand Law Society<br />
Supplied Content<br />
Auckland lawyer Bharat Parshotam<br />
has been suspended from practising<br />
for nine months from <strong>June</strong> 1,<br />
<strong>2016</strong> after admitting two charges<br />
before the New Zealand Lawyers and<br />
Conveyancers Disciplinary Tribunal.<br />
Mr Parshotam admitted charges of negligence<br />
or incompetence of such a degree as<br />
to reflect on his fitness to practise or as to<br />
bring his profession into disrepute.<br />
The charges arose from complaints by two<br />
separate clients.<br />
In both instances, Mr Parshotam falsely<br />
witnessed documents he had not seen<br />
signed by the clients. One of the signatures<br />
was later found to have been forged. He<br />
then falsely certified to Land Information<br />
New Zealand that he had witnessed the signing<br />
of loan documents and authority and instruction<br />
forms respectively.<br />
Conflict of interests<br />
Also, in relation to one of the complainants,<br />
Mr Parshotam acted for multiple parties<br />
in transactions in which there was a risk<br />
that he may be unable to discharge his obligations<br />
to one or more clients.<br />
The Tribunal said the conduct involved<br />
‘high-end negligence’ and Mr Parshotam’s<br />
errors of judgement were serious and<br />
multiple.<br />
It accepted that Mr Parshotam had not engaged<br />
in wilful or calculated conduct for personal<br />
gain and also that he had a high standing<br />
in the community.<br />
Previous instances<br />
However, the Tribunal noted he had four<br />
previous findings of unsatisfactory conduct<br />
against him, he had acted unprofessionally by<br />
lying to a colleague, had delayed in sending the<br />
client files to their new solicitors, and had misled<br />
the New Zealand Law Society and its standards<br />
committee during investigation of the<br />
complaints.<br />
The Tribunal suspended Mr Parshotam for<br />
nine months commencing on <strong>June</strong> 1, <strong>2016</strong>.<br />
He was also ordered to pay costs to the New<br />
Zealand Law Society of $10,531 and to reimburse<br />
hearing costs of $4,197.<br />
No shortcuts<br />
New Zealand Law Society President Kathryn<br />
Beck said that lawyers may not under any circumstances<br />
take shortcuts when witnessing<br />
the signing of documents or in certifying that<br />
they have witnessed signing.<br />
“No matter how busy they are, no matter<br />
how well they may know the person who presents<br />
the document, lawyers must always observe<br />
the signing if they are going to attest the<br />
genuineness of the signatures. The fact that<br />
one of the signatures was, in fact, forged, is a<br />
graphic illustration of why a lawyer must be<br />
present at all signings,” she said.<br />
Partnership Announcement<br />
Parshotam Lawyers have appointed Chris Bierre and Shehan Ebenezer as<br />
additional Partners with effect from 1 <strong>June</strong> <strong>2016</strong>. Chris has been with the<br />
firm for 12 months and Shehan for 3 years. Both new Partners have extensive<br />
property and commercial experience. Chris and Shehan continue to be<br />
assisted by Lisa Estie, Senior Legal Executive and Practice Manager. Please<br />
contact Chris, Shehan, or Lisa for your continuing legal needs.<br />
Level 1 ASB Bank Building, 981 Dominion Road, Mt Roskill, Auckland 1440<br />
PO Box 27079, Mt Roskill, Auckland 1440<br />
Phone (09) 6292766; Fax (09) 6292026; E-mail: lawyers@parshotam.co.nz<br />
HOMELINK<br />
05<br />
westernunion.co.nz
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