Akuila Naco reprimanded
Commissioner John Connors also found Naco guilty on two other counts of unsatisfactory professional conduct while he dismissed two other complaints lodged against him.
Naco had admitted to overdrawing from his law firm's trust account in March 2005 and had also acknowledged that he had mixed up his own funds with those of his clients in the trust account.
Commissioner Connors while imposing the penalty took into account that nobody suffered financially as a result of Naco's actions and noted his apparent adherence to the requirements of the Legal Practitioner’s Decree throughout the five years.
He said while there is no suggestion of dishonesty, there is significant public interest in matters such as this and a monetary penalty is warranted.
He ordered that Naco pay a $1000 fine and $500 in costs to the Chief Registrar within 28 days failing which his practicing certificate will be suspended.
On the two counts on which Naco has been found guilty; the first deals with an incident in May 2009 when Naco was paid $258,600 from the Attorney General's chambers to be paid to two respective claimants for settlement in a civil case.
However, Naco paid out the money to only one claimant in breach of the ruling in the case.
Naco has also been found guilty on a third count where Commissioner Connors stated that he failed to gain some more time for a client before he was to vacate his property.
Commissioner Connors noted that Naco failed to appear in the Rakiraki Court and failed to make appropriate arrangements to be excused and said his conduct falls short of the standard and diligence that his client was entitled to.
Naco will appear before the Commission on July 2nd for mitigation on the two counts before a judgement is handed down.
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