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  • Disgraced lawyer Gerald Mckay struck off




    A Hawkes bay lawyer and former president of the New Zealand Trustees Association Gerald George Mckay has been struck off the roll of barristers and solicitors after being found to have breached his duties to a client who later lost her home.

    The Lawyers and Conveyancers Disciplinary Tribunal yesterday ordered that Gerald George McKay, of Hawkes Bay, be struck off. McKay, 72, acted for several parties in a series of transactions in which there were strongly conflicting interests, the tribunal chairwoman, Judge Dale Clarkson, said.
    The woman who complained about McKay was not given independent advice, and the result was that she lost her home - which was her only asset.

    The tribunal in May said McKay's conduct was an abuse of his position as a lawyer and a serious breach of his duties to the woman.McKay is appealing against the misconduct finding made against him. "Mr McKay's failures to this client were many and obvious," Judge Clarkson said in the decision on penalty. "The consequences to her of his failures were devastating.

    He enabled her home to be purchased by another client at a gross undervalue."According to the tribunal decision, McKay's defence involved an attack on the honesty and integrity of his client.
    "We considered Mr McKay attempted sophistry and at times plain untruthfulness to escape facing up to the responsibility of his acting in this position of irremediable conflict,".

    The decision also said McKay's submissions on what penalty was appropriate "lacked any element of remorse or insight into his failures"."They were self-pitying and relentlessly self-absorbed."
    Although McKay said he wanted a second chance, the tribunal considered it necessary to strike him off."We can have no confidence that Mr McKay would not, if able to continue to practice, repeat his actions, given his sense of self-righteousness and justification for his actions," Judge Clarkson said.
    McKay was ordered to contribute $70,000 to costs and reimburse the Law Society $14,812 for hearing costs.

    Law Society president Chris Moore said McKay had "strayed so far from the path of professionalism that he can justifiably be said to have ceased to function meaningfully as a lawyer at all. It is rightly expected lawyers act for their clients without conflict of interest or any form of bias."


    Footnote: Two years ago, Mr McKay paid a public relations company to launch two websites, www.geraldmckay.co.nz/ andwww.geraldmckaylawyer.co.nz/

    The sites were registered in the name of Ewan Watt, who is the founder and director of www.roi.com.au, which according to their website provides online reputation management services, the following is the text from the now defunct sites describing Mr McKay as a renowned & reputable New Zealand lawyer.

    Gerald McKay Reputable Lawyer in New Zealand.

    Gerald McKay is a New Zealand based solicitor, adjudicator and mediator with an impressive background in law. McKay is invested in the community, owing to his extensive education, career and business pursuits in both New Zealand and around the globe. Gerald McKay is a respected figure in the New Zealand legal system.
    Gerald McKay – Education & Career
    Gerald McKay has undertaken study at various high level institutes throughout New Zealand and around the globe. He has attended four universities in total, allowing him to develop a large base of knowledge across various curricular.
    McKay began his studies at Victoria University of Wellington, graduating in 1968 with a Bachelor of Law (LLB) before continuing with his Master of Law (LLM) in 1969. He minored in taxation, company law, estate planning and trustee law.
    In his last year at Victoria University of Wellington, Gerald McKay was made partner at Dowling & Co. He was employed there for 18 years, showing his commitment and loyalty to the firm that gave him his big break. After completing his Certificate in Management of the Legal Practice at the University of New England in Australia, McKay co-founded McKay Hill Solicitors, of which is he was a senior partner. The firm specialises in alternative dispute resolution amongst other areas.
    Today, Gerald McKay has his own firm, B.B Consulting, where he is the commercial and business consultant for law and investment. The company was established in June 2010. McKay also recently completed his PhD at Melbourne’s La Trobe University.
    McKay’s Community Involvement
    Gerald McKay’s involvement in the community has positioned him as an upstanding citizen that continually gives back. He is a board member, life member and foundation trustee of the New Zealand Rugby Foundation, as well as being a part-time lecturer and examiner in Commercial, Property and Trustee Law at the Eastern Institute of New Zealand. McKay’s most recognisable involvement is with the Employment Law Institute of New Zealand, of which he is member. The institute is set up to promote and further the standards of employment in the industry.
    Gerald McKay is renowned as a hard working, studied and generous legal practitioner with a career in law spanning decades.

    Gerald McKay Renowned Lawyer Residing In NZ

    Gerald McKay is a New Zealand based lawyer with an impressive background in the legal system. McKay is able to balance his legal duties with prominent work in various groups throughout the community. He has also studied extensively, both in New Zealand and abroad.
    Gerald McKay in the Community
    Gerald McKay’s he continually endeavoured to give back to the community. He is a board member, life member and foundation trustee of the New Zealand Rugby Foundation, along with being a part-time lecturer and examiner in Commercial, Property and Trustee Law at the Eastern Institute of New Zealand. McKay’s is also a member with the Employment Law Institute of New Zealand, which is set up to promote and further professional standards of employment.
    McKay’s Education & Career History
    Gerald McKay has undertaken study at various institutions throughout New Zealand and Australia. He has attended four universities in total, allowing him to develop a well rounded knowledge base a number of renowned places of learning.
    McKay began his studies at Victoria University of Wellington, graduating in 1968 with a Bachelor of Law (LLB) before completing his Master of Law (LLM) in 1969. He minored in taxation, company law, estate planning and trustee law.
    In his last year at Victoria University of Wellington, McKay was made partner at Dowling & Co where he worked 18 years. After completing his Certificate in Management of the Legal Practice at the University of New England in Australia, McKay co-founded McKay Hill Solicitors, of which is he was a senior partner. The firm specialised in alternative dispute resolution amongst other areas of legal practice.
    Currently, Gerald McKay has his own firm, B.B Consulting, which was established in June 2010. He is the commercial and business consultant for law and investment. McKay also recently completed his PhD at Melbourne’s La Trobe University.
    It is through this involvement in the community, along with extensive education throughout NZ and Australia, Gerald McKay has established himself as a renowned figure in the industry.


    CREDIT: Infonews-NZ Herald
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