Auckland barrister suspended by tribunal, admits to negligence

Mohammed Faiyam Khan

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has suspended Auckland barrister Mohammed Faiyam Khan from practising for three months beginning Tuesday, March 25.

When instructed to secure a mortgage and term-loan agreement for a property, he breached the terms of a solicitor’s certificate when he acted for a lender, the New Zealand Law Society says in a statement.

Mr Khan also failed to obtain the signature of the guarantor or covenantor despite certifying that the covenantor had executed the agreement.

He admitted a charge of negligence or incompetence in his professional capacity “of such a degree as to reflect on his fitness to practise or as to tend to bring the profession into disrepute,” the statement says.

Although the tribunal found Mr Khan’s conduct amounted to negligence he admitted, it did not amount to misconduct in his professional capacity.

In addition to his suspension, the tribunal has censured Mr Khan, ordered him to pay compensation of $5000 and costs, and ordered that he make his practice available to inspectors for one year. Inspectors will be nominated by the New Zealand Law Society.

Mr Khan currently practices at Khan & Associates in Manukau. His website says he offers a range of services, including conveyancing, immigration, trust and litigation services.

He was admitted to the bar at  Lincolns Inn, London, in 1980, his website says. He has practised in England and Fiji and admitted in New Zealand in May 1989.

Mr Khan has not replied to NBR ONLINE’s request for comment. The tribunal has reserved its reasons and a written decision is not yet available.

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