A father-and-son legal partnership in Palmerston North has been censured and fined by the Lawyers and Conveyancers Disciplinary Tribunal after serious failures to manage client conflicts of interest in a residential property transaction.
Richard Lyell Moore, an experienced practitioner with a previously unblemished 55-year record, and his son Robert Joseph Moore, (pictured) both partners in the firm at the time, admitted charges arising from work for existing clients — a wife and her husband — in late 2018.
The matter involved a proposal for the couple and the husband’s parents to become joint owners of a residential property. Richard Moore accepted conveyancing instructions but failed to properly identify and advise on the conflict created by differing financial contributions. A file note recorded the husband’s wish to “separate his wife out totally from the family dealing,” yet the wife was not adequately advised of the risks.
Robert Moore later accepted sole instructions from the husband to transfer the property into a trust. The resulting Deed of Trust excluded the wife entirely as settlor, trustee or beneficiary, instead naming the husband’s parents and the couple’s son.
The transaction was completed without the wife ever meeting the lawyers or receiving advice to obtain independent legal representation. Although Robert Moore had emailed the husband expressing concern that the wife would “likely need independent advice” (copying his father), no steps were taken to arrange it. A purported email confirmation from the wife regarding sale proceeds was later disputed by her.
The Tribunal found Richard Moore’s conduct amounted to negligence or incompetence reflecting on his fitness to practise or bringing the profession into disrepute. Robert Moore’s actions were held to constitute misconduct through reckless contravention of fundamental obligations under the Lawyers and Conveyancers Act. The Tribunal described the outcome for the complainant — who was left believing she retained an interest in the family home only to be told to leave — as “grievous.”
Penalties imposed on both practitioners included:
- Censure
- Orders to write apologies to the complainant
- $10,000 fines each payable to the New Zealand Law Society
- Contributions of $5,000 each toward the complainant’s legal costs
- Substantial costs orders (approximately $25,896.92 each to the Standards Committee and $5,557.50 each in Tribunal costs)
- Compensation for emotional distress: $10,000 from Richard Moore and $12,500 from Robert Moore
Robert Moore was also ordered to attend two Law Society risk and property courses. The Tribunal declined an application for name suppression, citing the public interest in open disciplinary processes.
Richard Moore has since retired from practice due to poor health. Robert Moore avoided suspension after the Tribunal noted positive practice management changes he had implemented at the firm.
