New Zealand Law Society - Failure to uphold duty of confidence to former client is misconduct

Failure to uphold duty of confidence to former client is misconduct

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal) made a finding of misconduct against Auckland lawyer Rodger Preston Chambers (Mr Chambers) after he discussed a criminal case in which he acted 19 years earlier with a news reporter. The Tribunal cautioned the profession that unless authorised otherwise by the client, a lawyer’s “professional duty to hold information about a client in strict confidence endures forever.” Mr Chambers was ordered to make an emotional harm payment of $5,000 to his former client. He was also fined $5,000 and ordered to pay costs.

In the interview, Mr Chambers made uncomplimentary comments about his former client who was still serving a term of imprisonment. These comments were widely reported in the news media. The Tribunal considered Mr Chambers’ comments, albeit long after the case was finished, amounted to professional misconduct because his conduct was not wholly unconnected to regulated services. It determined Mr Chambers should have known not to share information that was confidential to his client and that his duty to uphold client confidentiality continues indefinitely. The Tribunal noted Mr Chambers’ comments fell short of the respect and courtesy he should have accorded to his former client. The Tribunal found that the conduct demonstrated a reckless contravention of the relevant rules but regarded it as “low level misconduct”.

In considering penalty, the Tribunal commended Mr Chambers’ acceptance of the charge and his apologies to both his former client and to the profession. It noted Mr Chambers demonstrated he was “acutely aware that he let himself and his profession down by speaking publicly about a former client”. The Tribunal also weighed in Mr Chambers’ favour “his distinguished, unblemished service as a lawyer and his leadership and mentoring of others”. Mr Chambers was ordered to make an emotional harm payment of $5,000 to his former client. He was also fined $5,000 and ordered to pay costs.