Managing both a client’s account and paying bills to his own company is ethically demanding, says the head of the Law Society.
Law firm Hammervoll Pind’s offices in Oslo.
–Fredrik Solstad
Published:
In the “Million Powers” E24 wrote on Monday about lawyer John Hammervoll, who since 2016 has transferred around NOK 6.8 million to his own law firm and a former real estate agent, using proxies. The money came from a woman in her 90s.
Hammervoll is now charged with gross financial infidelity, but refuses to have done anything wrong. The case is at an early stage in the investigation.
Read the full answer from Hammervoll’s defender here.
The lawyer has had access to the woman’s account and even paid several million NOK to Hammervoll Pind in which he is a partner.
According to the Association of Lawyers, Jon Wessel-Aas, managing an account and paying bills to your own company is an extra demanding role for lawyers.
E24 has asked John Hammervoll if he wants to comment on this matter. Hammervoll refers to defender Anders Brosveet who has not had the opportunity to comment.
—Leader of the Law Society, Jon Wessel-Aas.
–Gorm Kallestad / NTB scanpix
Wessel-Aas states E24 on a general basis.
– It is clear that although there is freedom of agreement here as well, you quickly end up in a goat and oatmeal situation. It is an ethical challenge, no matter what is agreed with the client.
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Investigated itself after million transfers from woman in the 90s – billing continued
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Consent to suspension of appropriation
John Hammervoll has taken leave from Hammervoll Pind. He has agreed to suspend the attorney’s license “until he is checked out,” according to defender Anders Brosveet.
Police investigations will continue this fall.
– We regard it as a serious matter, says prosecutor Susie Bergstrand of the Oslo Police District to E24.
The penalty for gross financial adultery is six years in prison.
Jon Wessel-Aas points out that the Law Society has wanted its own legislation to make it easier to deal with situations where lawyers commit crimes.
– A possible criminal conviction against a lawyer for gross financial adultery against a client is fortunately one of the rarities. The Law Society has long wanted a law of law that allows it to react faster and harder to lawyers who do not deserve the trust the lawyer’s work depends on.
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The Minister of Justice must answer questions after the E24 case
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– Ethical responsibility
In a hearing in Oslo District Court on June 12, John Hammervoll explained the contact with the woman in the 90s, after being released from the duty of confidentiality. E24 has had the repeal ban lifted so Hammervoll’s explanation can be reproduced.
– All the services that have been performed are something I have been asked to do by the woman. And I’ve been asked to do more of her, too, he said.
However, the police indicated that the woman was diagnosed with Alzheimer’s and advanced cognitive failure before the Hammervoll authorizations were signed. The lawyer refuses to know the diagnosis.
– It suggests that we should know or know that she was in a different state than we actually did. I have no idea what the evidence for it is going to be and I think it’s awful to read it, the lawyer said at the hearing.
Jon Wessel-Aas of the Norwegian Bar Association says it is crucial that clients fully understand the issues a lawyer should help them with. The lawyer is responsible for this.
– It is generally a matter of ethical responsibility to ensure that the client both understands and consents to all transactions that the attorney makes on behalf of the client.
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A black hole in a well-regulated society
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