Lawyer Disciplined After Employee Torture Ordeal

Tribunal finds lawyer acted less than truthfully, but understands “exquisite plight.”

An attorney in New Zealand has been sanctioned for his actions following the kidnapping and torture of his employee, a case complicated by client privilege and threats from the abductors.

The Kidnapping and Its Aftermath

The employee was subjected to brutal torture at a property in Helensville, including being burned with cigarettes and drilled with a power drill. Seven men eventually admitted guilt in the abduction and torture. Lawyer Jason Yang assisted his employee and worked with the abductors to get him freed.

After taking his employee to a hospital, police, already on the scene, arrested and questioned Yang because they thought he was involved. One of the torturers was also a client of Yang’s.

Initial Statement and Misconduct Charges

After first giving a statement, Yang was later charged with misconduct by the New Zealand Law Society, alleging he waited too long to revise his initial account. Yang admitted he hadn’t been entirely truthful about how he learned of his employee’s situation, and that he concealed his knowledge of one of the kidnappers.

According to the American Bar Association, the attorney-client privilege may not apply where an attorney has information about a crime that is not yet completed.

Tribunal’s Ruling

The Lawyers and Conveyancers Disciplinary Tribunal acknowledged the dilemma Yang faced—balancing his obligations to his client and his employee. He stated he was unsure about attorney-client privilege and had been threatened against speaking with authorities.

The tribunal stated:

“In the cool light of hindsight, Mr. Yang accepts he was not acting for a client when he made his first statement to police…We have considerable sympathy for Mr. Yang at this point. This was not a textbook situation. He had undertaken considerable risk in obtaining release of the victim and, having succeeded, was now caught between a rock and a hard place.”

—Lawyers and Conveyancers Disciplinary Tribunal

Sanctions Imposed

While acknowledging his actions slowed the investigation, the tribunal empathized with **Yang**’s fear of being seen as a suspect and of the kidnappers.

Ultimately, the tribunal chose to censure **Yang**, suspend him for three months, and make him pay nearly $13,000 in legal fees. **Yang** declined commenting.