By Amanda Gillies
One of the country's top defence lawyers, Barry Hart, faces being struck off after the Law Society today demanded he should go.
Last month, the 71-year-old called in sick and failed to show for his hearing before the Lawyers and Conveyances Disciplinary Tribunal, but despite his absence the tribunal found him guilty of professional misconduct, including overcharging a client by $35,000.
The Law Society now says he's got to go.
“The respondent appears to completely lack insight to his wrongdoing and to the harm that he has caused,” says Law Society lawyer Paul Collins. “Striking off is required. Suspension or anything less would be inadequate to ensure the maintenance of public confidence in the legal profession.”
But Mr Hart isn't going without a fight, and has even hired Ewen Macdonald's defence lawyer Greg King to go into battle for him.
“In the case of a man who has given 46 years service to the profession this is obviously a terrible way for his legacy to be left,” said Mr King.
Mr King described Mr Hart as a people-person who did pro bono work, and who often let clients stay on his property for bail and parole purposes.
The court heard Mr Hart was an experienced lawyer who was admitted to the bar in 1966. Since then he has represented thousands of clients. Many of the cases have been high profile and complex, he's been to the Privy Council eight times and to the Supreme Court, and so, the Law Society argued, he should know better.
Mr Hart now has to wait a week for the decision on his future.
3 News