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The family of Nelson woman Debbie Ashton has made a complaint to the Nelson District Law Society about lawyer Mark Dollimore.
The family made the complaint on Tuesday, Radio New Zealand reported.
The issue to be considered is whether Mr Dollimore should have told Nelson District Court that the man he was representing had previous convictions under his real name.
Jonathan Barclay, a criminal with drug, dishonesty and driving convictions dating back to 1997 killed Debbie Ashton in a car accident in December 2006. He was treated as a first offender on driving charges by the court a month earlier when he used an identity given to him by a police witness programme.
"There can be little doubt that Mr Dollimore knew what the correct position was," a ministerial inquiry by Kristy McDonald QC released yesterday said.
"He appears to have made a conscious decision for whatever reason to allow the prosecution to proceed on an incorrect basis."
The report said the New Zealand Law Society Ethics Committee should consider its Rules of Professional Conduct for Barristers and Solicitors.
Under the rules defence counsel must not disclose a client's previous convictions without the client's authority but they also have a duty to the court.
"I have at all times correctly followed the rules, and advice given to me by senior counsel, including a QC, confirms that I have not breached my duty to the court or defendant client," The Nelson Mail reported Mr Dollimore as saying.
A former crown prosecutor, who declined to be named, told NZPA the obligation to the court was paramount and superseded that to client.
The lawyer could have withdrawn or passed the case to another lawyer who did not know the background.
Otago University law faculty dean Professor Mark Henaghan said Mr Dollimore did nothing wrong.
Lawyers could not disclose things without a client's permission. They could only breach client confidentiality in exceptional cases such as when they believed there was imminent risk of harm to someone else.
He said it was the prosecutor's job to pick the connection up.
"A defence lawyer's job is not to jump in there and volunteer things."
Client confidentiality was necessary so clients had faith in their lawyers.
The Department of Corrections and police have apologised to the Ashton family.
Barclay was sentenced to five years and six months for manslaughter in May 2007 for the death of Ms Ashton.
- NZPA
