So lawyer Chris Comeskey has been suspended for nine months, and conditions have been placed on his ability to practice in the future.
He should consider himself lucky, because the misconduct he pleaded guilty to was serious. Hopefully he will use the nine months to reflect on his actions, and how they have tarnished the reputation of a good number of hardworking lawyers. He may be able to redeem himself and regain the respect of his colleagues, though I have my doubts.
Comeskey's defence that "everyone does it" doesn't wash. If everyone is doing it, where is the evidence? Where are all the complaints?
I should add that if lawyers are ripping off the legal aid system they should be punished. It doesn't matter that the temptation to rort exists because of ridiculously low legal aid remuneration rates. If legal aid lawyers cheat the system they should be nailed. It's Government money they're getting.
But there's no evidence widespread rorting exists, so I'm inclined to treat claims by Comeskey's counsel with scepticism.
Thursday, July 15, 2010
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He used a bad defence. He should have used the old traditional defence "I am terribly dreadfully sorry and overwhelmed with tsunamis of remorse". Works for defrauding defrocked chartered accountants all the time. Mind you, they usually have to add the clincher "I was always going to put the trust funds back with interest once the Iceland/Greek debt market turned round". True gentlemen, one and all.
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