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Struck Off Lawyer Reinstated To The Bar

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Wellington, Oct 8 NZPA - A struck off high profile lawyer, who represented David Bain at his first murder trial, has been has been reinstated to the High Court roll of barristers and solicitors.

Michael Guest, who was also a former district court judge, was struck off in 2001 for two counts of professional misconduct by taking money from a client knowing she had been granted legal aid.

The decision to reinstate him to the bar followed a disciplinary tribunal in July in which Mr Guest presented 178 "letters of support" from mayors, professors, business leaders, a former minister of the Crown, a bishop, principals, doctors, dentists and lawyers.

The tribunal described him as a "clever, capable, flawed lawyer" who appeared to have been "confident to the point of over-confidence", the Otago Daily Times reported.

The tribunal said it understood the "traumatic impact" of being struck off and the "natural human reaction to engage in self-justification and minimisation", but reinstatement required applicants to acknowledge their wrongdoing "fully and unambiguously".

"In the end, we have been satisfied that Mr Guest understands, accepts and does not argue with his past serious wrongdoing."

The tribunal imposed several restriction in granting Mr Guest's reinstatement which included reimbursing $30,000 to New Zealand Law Society by 2013, practising only as a barrister, and not receiving money directly from clients.

Mr Guest, who sits on Dunedin City Council, said the decision was like a "black cloud" being lifted.

"The outcome, I find, is wonderful. Wonderful. I can get back into harness again doing the professional job that I think I was fairly good at.

He said his "first love and duty" was local body politics and he had every intention of standing for the council at next year's election.

NZPA WGT ar dj

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