Jail for lawyer who stole sick client's money

Brian Joseph Fay

A retired lawyer who stole almost $700,000 from a seriously ill elderly client to support a lavish lifestyle of international travel and gambling has been sentenced to jail.

Brian Joseph Fay, 70, had been held in high regard and led an unblemished career as a solicitor until the 6-year betrayal of his client was uncovered in 2004.

Yesterday he was sentenced to four years in prison by Judge Phil Moran for a "breach of trust at the highest level". The victim, now aged 86 and living in a rest home, was described as a "disillusioned and angry old man" by the judge.

Fay looked a broken man in the dock in Christchurch and cried as his lawyer, Chris McVeigh QC, spoke of the impact on Fay's family.

Fay had paid back $200,000 to his victim, but the prospect of any further payment from him was considered "fruitless".

"You were highly regarded by members of your profession. It is a sad irony your colleagues are likely to have to make good the $500,000 shortfall in reparation to [the victim]," the judge told Fay.

Fay began acting as a lawyer for the victim in 1993, when the man moved to Christchurch.

In 1996, he was given power of attorney over his client's affairs, and when the victim fell seriously ill and was admitted to hospital in April, 1997, Fay began managing his finances.

Fay sold the victim's house and car and put the money into a bank account.

In August, 1997, Fay began taking money out of the bank account for his own benefit and cashed in the victim's Bonus Bonds for $141,205, pocketing the cash.

He spent the money on travel, insurance policies, investments and education. He lost about $113,000 gambling in New Zealand.

Prosecutor Tom Weston QC said Fay had shown no remorse.

However, Mr McVeigh said Fay wanted to express his "complete contrition to the court and his former client for all that he has done".

Fay had always thought he had the right to take the money and "had a great deal of difficulty in accepting his criminal culpability".

"There can be little doubt that the offences would appear to be completely out of character," Mr McVeigh said.

Fay required daily medication to maintain his health.

"It goes without saying that a prison sentence will be particularly torrid for him," Mr McVeigh said.

Even though Fay is now retired, he still faces being struck off as an officer of the court for conduct "unbecoming a barrister or solicitor".

"It is sad when a person who has had a blameless record falls from grace," Canterbury District Law Society president John Brandts-Giesen told the Herald.

"It's also sad that a client has been betrayed. There are no winners in a case like this."

Mr Brandts-Giesen said sole power of attorney was frequently given by vulnerable people to friends, family or professional advisers and it always carried a risk.

"It is obviously more risky than joint power of attorney. If two people have to sign, it is usually safer than one person, especially if the two people are independent of one another."