'Barry Hart never told us about legal aid' – witness

UPDATE / 6pm yesterday: Barrister Barry Hart is accused of not telling a Samoan family they were entitled to legal aid before hitting them with a $35,000 legal bill.

The Law Society has brought charges against Mr Hart, accusing him of gross overcharging.

A professional misconduct hearing today, continuing in the absence of Mr Hart or any lawyer representing him, heard from the older sister – whose name is suppressed – of the client to whom the fees were charged.

She says the family first met with Mr Hart on November 13, 2008, to discuss her younger brother's case, but when asked about how much he would charge them, Mr Hart was vague.

"He somehow twisted it so he didn't answer the question, and moved on to another subject."

Later in the conversation, he told them $10,000 would be a starting point. The woman's aunty in Samoa provided the funds.

Mr Hart later charged them a further $10,000 and $15,000.

Law Society lawyer Paul Collins asked the woman what prompted them to end their relationship with Mr Hart.

"It was probably that we learnt there was such a thing as legal aid.

"I knew nothing about legal aid. I had never set foot in a police station. I didn't know the legal system at all."

She says Mr Hart's staff also told the woman and her family they could call Mr Hart's chambers for advice or to talk about the case.

The woman alleges they were not told these calls were being billed at $1000 an hour.

"We made so many phone calls. We had family members calling the office asking questions."

The tipping point came when Mr Hart made a flippant, almost "cheeky", response to a fee being paid.

"He made the comment like, 'Have the money ready and we'll be in business.'

"That's when I thought, this is no longer this nice person who has said, 'I've thought about it, we have a way we can plead this case'."

When questioned by the tribunal about why she didn't raise the issue of the fees if she thought they were exorbitant, the woman said she thought "that's just how it worked".

The hearing is proceeding.  

UPDATE / 5pm: High-profile Auckland barrister Barry Hart's charged a client $1000 an hour despite much of the work being done by a junior lawyer.

At a professional misconduct hearing prosecuted by the Law Society, lawyer Paul Collins says Mr Hart charged $35,000 for work which included three court hearings in 2008 which lasted a total of one hour and 16 minutes.

Mr Collins says some of Mr Hart's time recording was done almost two weeks later and much of the work on the case was done by a competent junior lawyer, who had been admitted to the bar two months earlier.

Mr Hart – who is being prosecuted by the Law Society's standards committee – is accused of grossly overcharging a person he defended and not informing a private investigator that his account was subject to approval by the Legal Service Agency.

He is also charged with not disclosing a file to the Auckland District Law Society and the Law Society complaints committee.

Mr Collins says despite numerous delays and time extensions, Mr Hart still hasn't provided the file, which was first requested in November 2008.

The complaints committee dropped the complaint because of Mr Hart's resistance, he says, which was characterised by "persistent delay, distraction and obfuscation".

Mr Collins says it is improbable that a private investigator accustomed to dealing with criminal lawyers would undertake work at the risk he would not get paid, should the Legal Service Agency not approve it.

All witnesses and complainants at the hearing have interim name suppression.

UPDATE / 4pm: A request to further delay the Barry Hart disciplinary tribunal hearing have been refused, after secret discussions.

Reporters were asked to leave the Auckland district court room after the high-profile crime barrister's lawyer, Nigel Cooke, asked to speak to the Lawyers and Conveyancers Disciplinary Tribunal in chambers.

The court re-opened nine minutes later, with tribunal chairwoman Judge Dale Clarkson saying she was not prepared to delay the hearing, which had been set months ago, until tomorrow morning.

Mr Cooke excused himself and the hearing continued.

Yesterday morning: A Law Society standards committee prosecution of high-profile Auckland crime barrister Barry Hart will continue, despite Mr Hart's absence through illness.

Mr Hart sent the Lawyers and Conveyancers Disciplinary Tribunal a doctor's certificate late on Friday afternoon and sought an adjournment – the fourth time the hearing would have been put off.

The five-member tribunal wanted to hear from the doctor because the certificate lacked detail, but Mr Hart's lawyer, Nigel Cooke, told the tribunal today the doctor refused to appear. Another certificate, concerning some of the symptoms, was sent today.

After considering public interest issues and the rights of Mr Hart to be represented, tribunal chairwoman Judge Dale Clarkson said the hearing, at Auckland district court, will continue.

"This matter has an extraordinary history of delay and prevarication on the part of the practitioner," Judge Clarkson says.

"The tribunal holds grave concerns about Mr Hart's willingness to participate in this hearing."

Judge Clarkson says some of the matters were first investigated in 2008 and Mr Hart – who has now been represented by at least six different lawyers, including three Queen's counsel – had sought adjournments three times, including in February of this year.

Mr Hart is accused of grossly overcharging a person he defended by $35,000, and not informing a private investigator that his account was subject to approval by the Legal Service Agency.

He is also charged with not disclosing a file to the Auckland District Law Society and the Law Society complaints committee.

The defence lawyer went to the Supreme Court in an attempt to keep his name secret.

Mr Cooke told the tribunal Mr Hart is facing "serious and horrendous" commercial problems, outside of these matters.

"I have seen the man deteriorate, physically and, I believe, mentally."

NBR ONLINE revealed in May Mr Hart owes ANZ National Bank more than $30 million.

The bank is now attempting to sell his Waimauku properties, though it has been frustrated by what it calls Mr Hart's delaying tactics.

The tribunal hearing resumes this afternoon.