Alwyn O'Connor was cross-examined in front of the tribunal in May. Photo / Jeremy Wilkinson
Alwyn O'Connor was cross-examined in front of the tribunal in May. Photo / Jeremy Wilkinson
A lawyer who was struck off for taking advantage of a vulnerable client wants to be able to continue practicing temporarily so he can keep helping his pro bono cases.
Alwyn O’Connor has been struck from the roll of barristers and solicitors for taking $150,000 from a client who was behind bars and in the throes of meth withdrawal. He also borrowed $50,000 from another client on the day she settled her divorce in order to repay his debts to the imprisoned man, Wayne Coles.
O’Connor was also caught out lying to the Lawyers and Conveyancers Disciplinary Tribunal last month about a further missing $25,000 from Coles’ bank account.
Today, O’Connor, who was admitted to the bar despite having served time in prison for assaulting a child and having an extensive criminal history for dishonesty offending, attempted to have his strike-off order put on hold until August so he could represent other vulnerable clients on a pro bono basis.
“… It’s simply allowing Mr O’Connor to fulfil his obligations, especially for those who are normally deprived of access to justice,” O’Connor’s lawyer Gordon Paine told the Wellington High Court today.
“There are group of people in society who don’t get the help that they need.”
Paine said that he was acting in the best interests of people who couldn’t afford a lawyer and it was to be “commended”.
“He is one of the few practitioners willing to undertake this kind of work,” he said.
Paine said that his client was essentially seeking a limited retainer to tie up loose ends before he formally appeals his strike-off at the High Court in August.
Counsel for the standards committee, Nikki Pender, who prosecuted O’Connor at the tribunal earlier this year, said it wasn’t appropriate for O’Connor to represent anyone, especially vulnerable clients.
“They will be vulnerable clients and considering that Mr Coles was vulnerable and pro bono as well … so there would be general concerns for them as well as the general public.”
Pender said that the tribunal had already expressed concern that O’Connor’s most recent conduct was similar to the facts of his significant criminal history of dishonesty prior to being granted a practising certificate in 2014.
“There is a concern for the overall profession in terms of allowing a lawyer with that history and these findings to continue practising,” she said.
Pender said it wasn’t in the interests of the public, nor the legal profession to allow O’Connor to continue practising.
Justice Christine Grice has reserved her decision and will issue it in writing.
Alwyn O'Connor was struck from the roll of barristers and solicitors earlier this month.
Strike-off
Earlier this month O’Connor was struck off - meaning he is no longer able to practise as a lawyer. He was also ordered to pay $140,000 in legal costs and compensation to the Law Society and Coles.
The tribunal that made the order said O’Connor had squandered his “golden opportunity” after convincing the Law Society in 2014 that he would be the “cleanest, most professional lawyer”, despite having an extensive criminal history.
But, within 18 months of being granted that opportunity, he was offending again by taking over $150,000 from Coles’ bank account without his permission.
While he put most of that money back, a further $25,000 was withdrawn from the account using an Eftpos card O’Connor was entrusted with.
He was caught lying to the tribunal last month when he admitted buying shirts for Coles’ upcoming court appearance. Those shirts were bought with the card he denied having access to.
Another client whom O’Connor represented in divorce proceedings gave evidence he asked to borrow $50,000 on the day she settled those proceedings.
He paid the loan back late and in $1000 instalments that match withdrawals from Coles’ account. The standards committee prosecuting O’Connor described this as a “money-go-round” where O’Connor borrowed money from one client to repay his debts to another.
“Sadly, we do not consider that we can take the risk of further exposing this practitioner to the public,” the tribunal said in its decision to strike O’Connor from the roll.
“We do not consider, at this stage, that he is capable of the level of rehabilitation necessary for him to be trustworthy in the role of a lawyer.”
The tribunal said that O’Connor’s offending mirrored his earlier convictions in 2005 where he took money from people “without thought as to consequence”.
“Mr O’Connor’s taking from his client’s bank account began only 18 months after he had persuaded the Law Society of his rehabilitation and reformed character,” the tribunal said in its decision.
“The conduct in using client funds was not a spur-of-the-moment or one-off decision. It took place over almost two years. That Mr O’Connor did not think better of it over that time, or even belatedly arrange independent advice, is seriously problematic.”
O’Connor has appealed the tribunal’s decision and the High Court will hear his case in August.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
