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563 items matching your search terms

  1. Hawke's Bay Standards Committee v Queenin [2020] NZLCDT 26 (25 August 2020) [PDF, 166 KB]

    Liability and penalty / practitioner charged with providing misinformation and/or omissions in job interview with a law firm, and breaching an undertaking to a Standards Committee / Tribunal determined practitioner waived their right to appear / HELD / dishonourable conduct by making a false declaration and deceptive omissions and falsehoods, and failing to disclose unsatisfactory conduct findings and supervision requirements for certifying e-dealings / alternatively, grossly negligent so as to bring profession into disrepute / conduct goes beyond “unacceptable” or “unprofessional” conduct / misconduct found / practitioner breached undertaking to Standards Committee to undergo further training / Tribunal ordered censure and three-month suspension / practitioner to pay $16,000 of Standards Committee’s costs and reimburse full Tribunal’s costs / Tribunal considered total Standards Committee costs of $22,315.20 somewhat higher than normal
  2. Auckland Standards Committee 2 v Miller [2020] NZLCDT 24 (7 August 2020) [PDF, 108 KB]

    Penalty / misconduct and unsatisfactory conduct / practitioner made arrangements to permit a struck-off practitioner to practise / what is the appropriate penalty and should practitioner be granted name suppression / HELD / ordinarily, permitting another practitioner to circumvent penalty would result in suspension or strike-off / practitioner’s specific circumstances allow a compassionate and proportionate response / unblemished record, health concerns, and has ceased practice / threshold for name suppression not met / Tribunal ordered censure and $10,000 fine / practitioner to pay reasonable contribution to Standards Committee’s costs and Tribunal’s costs
  3. Otago Standards Committee v Elder [2020] NZLCDT 23 (5 August 2020) [PDF, 118 KB]

    Liability and penalty / unsatisfactory conduct / trust account inspection orders / failure to comply with inspection order and education order / failure to note deadlines and prioritise tasks to comply with order / practitioner has since complied with orders / Lawyers and Conveyancers Act 2006, section 241(c) / HELD / conduct not disgraceful or dishonourable / by a fine margin, did not disregard professional obligations / partially complied with order as to fine and costs / conduct not negligent or incompetent per s 241(c) as conduct did not occur so frequently and was not so serious as to bring profession into disrepute / unsatisfactory conduct found / Tribunal ordered censure and $3,750 fine / practitioner to pay Standards Committee’s and Tribunal’s costs / ceased operating trust account on agreed basis
  4. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 22 (16 July 2020) [PDF, 112 KB]

    Penalty / practitioner’s plan to manage alcohol addiction, which was connected to offending / arrangements in place for regular support, counselling, monitoring and mentoring / HELD / Tribunal endorsed practitioner’s support arrangements and undertakings / goals of rehabilitation and safeguards met by arrangements / further matters considered include nature of offending, low probability of similar difficulties occurring in future, time since offending, previous disciplinary history, willingness to rehabilitate, and the area’s need for competent criminal barristers with practitioner’s enthusiasm / Tribunal ordered censure including final warning / practitioner to pay $20,000 of Standards Committee costs as agreed with the Committee and to pay 75 per cent of the Tribunal’s costs
  5. Wellington Standards Committee 1 v Gribben [2020] NZLCDT 21 (16 July 2020) [PDF, 143 KB]

    Penalty / practitioner misappropriated funds from clients / accepted four misconduct charges and consented to strike-off order / HELD / strike-off order proper / offending aggravated by clients residing overseas, two elderly clients residing in rest homes, and one client being an estate with charities as beneficiaries / offending mitigated by prior blemish-free disciplinary record / costs decision mitigated by quick admission of wrongdoing and cooperation with disciplinary process / Tribunal ordered practitioner be struck off / practitioner to pay 75 per cent of Standards Committee’s costs and 75 per cent of the Tribunal’s costs / permanent name suppression for practitioner’s clients
  6. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [PDF, 289 KB]

    Liability / Standards Committee charged practitioner with negligence or incompetence / provided legal services without notifying employer or having the skills, experience or supervision to do so / not keeping a proper file, with adverse effects for client / later tried to persuade client to withdraw complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 7.1 / rule 13.3 / HELD / client significantly hampered in managing their case due to lack of English language ability / practitioner and client accepted written terms of engagement, not “limited terms” suggested by practitioner / negligent or incompetent conduct in relation to file management, client representation at court hearing, advice on discovery, method of providing a non-English speaking deponent’s evidence, and failing to obtain adequate supervision / misconduct found / attempting to persuade client to withdraw complaint was unsatisfactory conduct
  7. Otago Standards Committee v Zhao [2020] NZLCDT 19 (6 July 2020) [PDF, 111 KB]

    Liability / practitioner previously ordered by Tribunal to complete trust account supervisor course / current charge for failing to comply with that order / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 19 / schedule 1 / schedule 2 / HELD / Law Society runs two trust account supervisor courses, a beginner course with an exam, and a refresher course / Tribunal order was unspecific in face of two options / practitioner eligible under Regulations to take refresher course / Committee assumed attendance at refresher course was non-compliance / practitioner enrolled in beginner course but postponed for medical reasons / advised by Law Society that the Regulations permitted him to complete refresher course / in context of approaching the matter with some persistence, delay from November 2017 to February 2018 insufficient to establish offence / charge dismissed
  8. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [PDF, 145 KB]

    Penalty / misconduct and unsatisfactory conduct / practitioner performed legal work as a solicitor/trustee while suspended / breach of LCDT orders / High Court appeal confirmed four particulars as disgraceful or dishonourable / Burcher v Auckland Standards Committee 5 [2020] NZHC 43 / Central Standards Committee v Meyrick [2018] NZLCDT 28 / Auckland Standards Committees 3 and 4 v Banbrook [2017] NZLCDT 35 / HELD / no criticism of work performed for clients / harm to credibility of disciplinary system / suspended trustee lawyer must engage another lawyer to carry out legal work / not most serious breach of suspension order, but all breaches are serious / in context of dysfunctional partnership / did not charge for work / conduct occurred four years ago / aggravating feature: third appearance before LCDT / public protection not required / Tribunal ordered two-month suspension and censure / practitioner to pay two-thirds of Standards Committee’s costs and reimburse full Tribunal’s costs
  9. Auckland Standards Committee 1 v Arman [2020] NZLCDT 17 (22 June 2020) [PDF, 289 KB]

    Liability and penalty / misconduct or unsatisfactory conduct / criminal proceedings / practitioner did not appear or respond / Tribunal concluded service was properly effected and practitioner waived right to appear / practitioner charged for failing to serve client’s best interests in criminal proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.5 / rule 13.1 / HELD / wilful breach of  obligation to advise client on eligibility for legal aid / remaining charges established, to at least a reckless level / misconduct charge proved / High Court found miscarriage of justice requiring conviction to be set aside / high end of misconduct spectrum / practitioner previously suspended for 10 months for serious misconduct involving a client who was pressured into a guilty plea / Tribunal ordered practitioner be struck off / practitioner to refund $8,385 to complainant and to pay Standards Committee’s and Tribunal’s costs
  10. Auckland Standards Committee 5 v Ellis [2020] NZLCDT 16 (8 June 2020) [PDF, 98 KB]

    Penalty / practitioner previously struck off / outstanding charges dealt with by finding of misconduct by consent, on the basis of all other charges being withdrawn by leave of the Tribunal / Standards Committee did not seek further compensation in this jurisdiction / parties agreed that appropriate penalty was censure and costs / only remaining issue quantum of costs / HELD / Tribunal ordered censure / practitioner to pay Standards Committee’s and Tribunal’s costs / however practitioner should not have to pay costs for filing amended charges where Tribunal considered original charges to be “somewhat defective” / also costs should be reduced to reflect attendances for a compensation claim which was not ultimately pursued