Lawyer Aaron Nicholls can tell you exactly what he didn鈥檛 spend over $700,000 of his client鈥檚 money on: Drugs, boats or gambling.
What he can鈥檛 say for certain is exactly where it went.
Nicholls was suspended from practice this year after several clients raised concerns about their money, which was held in a trust account by Nicholls' firm, and while the Law Society tried to figure out where the money had gone.
Nicholls doesn鈥檛 dispute there鈥檚 a hole of nearly three-quarters of a million dollars in his ledgers, but he told the Lawyers and Conveyancers Disciplinary Tribunal this week that he didn鈥檛 pocket the money.
鈥淚t may seem irrelevant, but I don鈥檛 think any of the material contains evidence that I pocketed money,鈥 Nicholls told the tribunal.
鈥淚t鈥檚 not the case that I have used or stashed away money taken from the trust account.鈥
Nicholls admitted he had taken the money, but he technically didn鈥檛 personally benefit, other than by keeping his law firm afloat.
鈥淚 was benefited by continuing to be able to practise,鈥 Nicholls said.
鈥淚f you think I took the money to a casino, I didn鈥檛.
鈥淚 have not taken money and bought a boat, or drugs, or gambled or whatever.鈥
The deputy chair of the tribunal, Dr John Adams, described Nicholl鈥檚 submissions as 鈥渘onsense鈥.
鈥淚t doesn鈥檛 make sense in what we would call the real world,鈥 Adams said.
鈥淭here was money in your trust account, it was taken by your action, and has never been seen since.鈥
Nicholls said the Law Society had locked him out of the trust account so he couldn鈥檛 say exactly how he鈥檇 kept his practice afloat or how he鈥檇 used his client鈥檚 funds, but accepted he鈥檇 be struck off for it.
鈥淎ll I can say is I apologise to you, to the clients, and to the public in general,鈥 he said.
鈥淚 loved being a lawyer most of the time. I鈥檓 horribly ashamed of what has happened 鈥 I won鈥檛 go on about that, no one needs those theatrics.
鈥淚 accept that I鈥檒l be struck off and never be able to practise law again.鈥
The tribunal issued its reserved decision on Friday, striking Nicholls from the roll of barrister and solicitors.
鈥淧ut simply, Mr Nicholls made over $700,000 worth of unauthorised transactions in his trust account from November 2017 onwards; he provided false statements to clients to conceal his wrongdoing through to February 2024,鈥 the tribunal said in its finding.
鈥淢r Nicholls attended the hearing. He has not explained where the money went. He submits it has not been proved that he benefited personally from his defalcations. He has given no account of the missing funds in any proper sense.鈥
The Law Society鈥檚 fidelity fund, a pool of money clients whose lawyers have stolen from them can apply to for compensation, has already paid out $400,000 to six claimants in relation to the missing money. The three additional claims total $224,000.
The tribunal found it had no option other than to strike Nicholls from the roll.
鈥淲e record that Mr Nicholls expresses sorrow for the inconvenience caused by his actions, but we do not find this convincing in the absence of any useful information about what began the landslide.鈥
鈥淚n his affidavit evidence, Mr Nicholls distanced himself from his actions and did not explain the circumstances around his defalcations.鈥
The tribunal also ordered that Nicholls pay $36,000 in legal costs.
Jeremy Wilkinson is an Open Justice reporter based in Manawat奴 covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for 九一星空无限 since 2022.
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