Repentant lawyer thrown a lifeline

Chris Comeskey apologised to the tribunal, the judiciary, fellow lawyers and his family. Photo / Brett Phibbs

Chris Comeskey has often had a jury hanging on his every word in criminal trials, but yesterday it was his own future he was fighting for.

Speaking so softly that those watching strained to hear, the normally outspoken criminal barrister expressed his contrition to the disciplinary tribunal that would decide his fate. He apologised to the tribunal, the judiciary, fellow lawyers and to his family for the distress he had caused them.

Mr Comeskey said that after pleading guilty to misconduct charges last week, he was unable to answer his 7-year-old son who said, "Dad, you never told us you were a crook."

The apology - and written assurances he provided - tipped the tribunal in his favour after chairwoman Judge Dale Clarkson said the panel had debated "long and hard" about whether to have him struck off as a lawyer.

Instead, Mr Comeskey left the hearing yesterday with a career lifeline but is suspended for nine months and unable to claim taxpayer-funded legal aid for clients.

The lawyer also had to give undertakings to take on a senior practitioner as a mentor, to not use junior staff, and implement changes to his book-keeping practices recommended by an accountant.

The decision to suspend Mr Comeskey came after he pleaded guilty to three misconduct charges laid by the Law Society, which wanted to have him struck off as a lawyer.

He admitted failing to act appropriately as defence counsel for a client, incorrect billing to the Legal Services Agency for the same client and also misleading the Court of Appeal.

A fourth charge laid after he criticised the judiciary was withdrawn.

Under cross-examination, Mr Comeskey admitted charging one client $3157 - all at the senior rate of $154 an hour - despite his junior counsel doing the work. A further 25 invoices are being reviewed by the Legal Services Agency.

Yesterday, John Billington, QC, for the Law Society, quoted from an earlier judgment which said that dishonest lawyers were struck off by the tribunal "except in the most exceptional circumstances".

He said a damning report by Dame Margaret Bazley had shone the spotlight on legal aid - "a scheme for the benefit of the public, not for the benefit of lawyers" - and the public would be watching to see how the legal profession would discipline one of its own.

But in submitting that Mr Comeskey should be censured, rather than struck off, his lawyer, Russell Fairbrother, said "abysmal" record-keeping had led to the legal aid over-billing. Mr Fairbrother pointed to this as a failing of Mr Comeskey's business practice, not his personal integrity.

"He is a skilled advocate, not a skilled businessman ... There is no evidence of blatant dishonesty."

At the end of the submissions from Mr Billington and Mr Fairbrother, Judge Clarkson said Mr Comeskey had shown only "modest contrition".

After a short adjournment break, Mr Comeskey got to his feet and apologised.

Humbled and relieved at not losing his legal career, the former detective sergeant had nothing to say to waiting journalists as he left.

But he has survived to fight for someone else another day.

Comeskey's comeuppance

* Suspended for nine months from practice.

* Suspended indefinitely from claiming legal aid.

* Must take on a senior lawyer as a mentor.

* Must not use junior staff.

* Must change his book-keeping practices.