Kelly Anne Jamieson, a lawyer with 20 years of practice, was censured and ordered to pay more than $9000 in costs by the Lawyers and Conveyancers Disciplinary Tribunal after fabricating a fake obituary to justify bereavement leave. Jamieson took time off after discovering her estranged family had concealed her sister-in-law’s death for two years, according to a written decision released on Wednesday and reported by 1News.
Tribunal Decision and Cost Orders
The Auckland Legal Standards Committee 1 sought a “modest” fine against Jamieson, but the tribunal concluded that a formal censure was sufficient punishment to deter similar conduct. The tribunal ordered Jamieson to pay $6,800 to cover 75% of the standards committee’s costs, alongside just over $2,400 in tribunal costs. The disciplinary body noted that the profession should not shoulder the cost of the proceedings, but chose a rehabilitative approach rather than imposing a burdensome financial penalty.
Deception and Discovery
Jamieson discovered that her estranged family members hid the death of her sister-in-law for two years, leaving her horrified and in a state of distress. When she took time off, her law firm pressed her for details regarding her absence. Counsel for Jamieson told the tribunal that she “foolishly chose to ‘double down'” by creating a false obituary to satisfy her employers. The fake notice did not require much cross-checking, but when confronted by her firm, Jamieson immediately confessed to the deception.
Professional Fallout and Self-Reporting
Following the exposure of the fake obituary, Jamieson resigned from her firm and reported her own conduct to the New Zealand Law Society. She also sought professional help to understand her actions, which she described as “out-of-character”. Jamieson has not worked in the legal profession since the incident, surviving instead on a sickness benefit. The tribunal noted her clean 20-year record and active cooperation with the disciplinary process as mitigating factors.
Common Questions About the Disciplinary Hearing
Why did the lawyer create a fake obituary?
Jamieson created the fake document after her law firm pressured her for details regarding her bereavement leave. She had taken time off work upon discovering her family concealed her sister-in-law’s death for two years, and she acted out of shame and distress.
What penalties did the tribunal hand down?
The Lawyers and Conveyancers Disciplinary Tribunal issued a formal censure and ordered Jamieson to pay more than $9000 in total costs. The tribunal declined to issue a fine, citing her 20-year clean record, immediate self-reporting, and cooperation.
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