A tribunal charged Kelly Anne Jamieson with misconduct and ordered her to contribute to costs
The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has censured ex-lawyer Kelly Anne Jamieson for misconduct after she faked an obituary to lie to her employer about taking bereavement leave.
Jamieson had told the firm employing her that her sister-in-law had died. In response, the firm permitted her to take bereavement leave.
On her return, she presented an obituary when the firm requested details. However, the firm found that Jamieson’s relative had actually died two years ago; thus, the obituary she had shown the firm was fake.
On being confronted, Jamieson confessed to her deceit, resigned and reported herself to the Law Society. Her employer did not file a complaint, per the NZ Herald.
While the relative had died years previously, Jamieson, who was estranged from her family, had only just learned about the death, according to the Herald. The tribunal noted that she should have disclosed the situation to the firm.
The tribunal considered that the misconduct was on the less serious end of the spectrum given the short period and Jamieson’s immediate admission. It noted that Jamieson had displayed remorse and cooperated with the disciplinary process.
Her spotless disciplinary history to that point was a mitigating factor, as was her seeking professional help. Moreover, clients were not negatively affected by her misconduct.
Thus, the tribunal ruled that the misconduct would not recur. It also determined that it did not need to impose a fine to deter others from doing something similar.
“We consider that lawyers also need the message that if they engage openly and positively with the various forms of the disciplinary process, that this will be regarded by the tribunal as demonstrating insight and reliability and is therefore mitigatory”, the tribunal wrote in its ruling.
Nonetheless, the tribunal noted that misconduct necessitated denunciation via a censure because “anything less than absolute integrity and honesty in a legal practitioner is unacceptable”. While Jamieson’s name had been removed from the online Law Society register, the tribunal said the censure would serve as a permanent reminder on her record should she return to practice, per the Herald.
Jamieson was also ordered to pay $6,746 to cover the standards committee’s costs and $2,407 to shoulder the Law Society’s expenses, according to the Herald.
