Alwyn O'Connor has four complaints against his conduct currently before the Law Society. Photo / NZME
Alwyn O'Connor has four complaints against his conduct currently before the Law Society. Photo / NZME
A lawyer allegedly formed an overly familiar relationship with his client and then asked to borrow $50,000 on the day she settled her divorce.
Now, the woman has lodged a complaint about the alleged conduct with the Law Society, the fourth formal complaint against Wellington barrister Alwyn O’Connor.
O’Connor is due to appear before the Lawyers and Conveyancers Disciplinary Tribunal on Monday to face the complaints.
O’Connor eventually returned most of the money to Wayne Coles and police referred the matter back to the Law Society to investigate, saying because the money had been returned, it was not theft.
It can now be revealed the latest complainant’s bank records show $50,000 she loaned O’Connor was paid back to her on the same dates in 2017 that withdrawals were made from Coles’ account.
Wayne Coles discovered money had been withdrawn from his account when he presented his bank details to the Porirua Community Law Centre to aid in a court dispute to get his dog back. Photo / Jeremy Wilkinson
The woman, who the Herald has agreed not to name, said O’Connor was initially appointed to defend her in a criminal case where she was discharged without conviction, before acting for her in the divorce.
She claims their lawyer-client relationship developed into what she later considered to be an “inappropriate” friendship that she believes O’Connor took advantage of.
“I was extremely vulnerable at the time. I was going through an extremely rough time... it wasn’t an appropriate relationship to be having.”
She claimed that when O’Connor came to her “hat in hand” asking to borrow $50,000, their friendship tainted her judgment.
The woman said at the time, she believed the loan seemed reasonable because of the friendship she claims they had, but that looking at it now, she believed it was “unbelievably” wrong.
“He knew I’d just come into a bunch of money, and now here he was asking to borrow it.”
She alleged O’Connor asked for the money to pay back a former client he shared an investment with.
In an affidavit seen by the Herald, the woman said she agreed to lend O’Connor the money on the basis he repaid it within six weeks. She said no contract or agreement was drawn up.
The woman claimed she transferred the money into an account nominated by O’Connor in late August 2017. However, she wrote to O’Connor asking for the money back about eight weeks later.
In that email, dated October 16, 2017 and seen by the Herald, the woman threatened to report O’Connor to his employer and the Law Society.
The $50,000 was paid back to her over the following days.
A screenshot of the woman's bank records provided to the Herald. Photo / Supplied
The woman provided the Herald with bank records showing 50 payments of $1000 each were made across October 17, 18 and 25 to her account from O’Connor’s nominated account.
Coles’ bank records previously given to the Herald show 50 withdrawals of $1000 were made from his account on those same dates.
In the October 2017 email, the woman also claimed that while O’Connor said he would not charge her for his services, he had asked her to pay $4000 for defending one of her criminal charges and $1500 for another relating to drink-driving, as well as $10,000 for her relationship property settlement.
“I am concerned that I have never received tax invoices for these sums, not a statement from your firm setting out all funds received and paid through your firms [sic] trust account,” the woman claimed.
In an earlier email exchange between the woman and O’Connor in May 2017 that shows the same bank account number for the solicitor, she wrote, “Just let me know what an acceptable donation is required for a certain charity”, with a smiley face emoji.
O’Connor responded: “Somewhere between $1 and a million!”.
In another email exchange in early September 2017, O’Connor thanked the woman for an “Emmy” watch she gave him.
“A very very nice gift, I’m truly humbled,” O’Connor wrote. “It is one of the nicest things I’ve ever been given. The thought process that went into its purchase together with the absolute quality makes it a pleasure to wear today. Thank you very much.”
The woman responded, “You’re very welcome babe”. She claims the Emmy watch cost $2000.
The Lawyers and Conveyancers Act states a lawyer must not accept gifts from clients that are inconsistent with the trust and confidence reposed by the client, nor enter into an intimate personal relationship with a client.
The Herald put a series of questions to O’Connor about the allegations but he did not provide answers.
O’Connor previously went by two other names, including Alwyn Kingsbeer and Alwyn Billington-Kingsbeer.
In 2007, seven years before he was admitted to the bar, O’Connor was using the surname Kingsbeer when he was found guilty of assaulting his then-girlfriend’s young son by flushing his head in the toilet and rubbing his face into carpet.
He was also found guilty of two more serious charges of indecent assault. However, after spending more than a year in jail, he successfully appealed against the indecent assault charges and those convictions were overturned.
The woman said if she’d known about O’Connor’s criminal history, she would never have engaged him to help her get custody of her son.
“Had I known his history, there’s no way I would have been comfortable being around him … let alone forming a relationship with him,” she claimed. “It actually makes me sick.”
