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565 items matching your search terms

  1. Central Standards Committee 3 v Hunt [2023] NZLCDT 12 (28 April 2023) [PDF, 278 KB]

    Penalty / practitioner admitted two charges of misconduct / recklessly acted for both parties in a transaction / failed to ensure clients knew meaning of documents to sign / admitted two charges of unsatisfactory conduct / failed to act on client’s request to uplift file / failed to comply with penalty order / HELD / conduct not dishonest or prompted by self-interest / acting within a conflict of duties to clients is serious, but not at highest end of culpability / breach of disciplinary order is serious, but practitioner was confused about whether he filed a review / disciplinary history an aggravating factor / mitigating factors include admitting charges, pro bono and community work and delay in proceedings outside practitioner’s control / censure inappropriate for elderly retired practitioner in poor health / Tribunal ordered 15 months’ suspension / practitioner to pay 60 per cent of Standards Committee’s costs ($16,886.33) and full Tribunal’s costs
  2. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [PDF, 157 KB]

    Penalty / misconduct for sexual harassment against four younger employees / HELD / conduct not isolated or out of character / three incidents over two to three years, pattern of conduct / serious misconduct but not at most serious level / mitigating factors / clean record / support letters / contribution to profession / steps taken to modify behaviour given less weight due to lack of insight from practitioner’s evidence / aggravating factors / practitioner trivialised conduct / continuing conduct after warnings / harm to complainants / not disclosing suspension by his firm at penalty hearing / conduct less serious than Gardner-Hopkins / starting point is higher end of suspension / costs reduced as practitioner accepted responsibility / Tribunal ordered censure, 18 months’ suspension and compensation ($10,000) to one complainant for emotional harm / practitioner to pay 80 per cent of Standards Committee’s costs ($38,643.61), not all charges having been proved and full Tribunal’s costs
  3. Auckland Standards Committee 1 v Ms A [2023] NZLCDT 11 (27 April 2023) [PDF, 180 KB]

    Penalty / misconduct for blackmail / unsatisfactory conduct for bringing prohibited materials to exam / Lawyers and Conveyancers Act 2006, section 3 / section 240 / section 242(1)(g) / HELD / no dishonesty or cheating / no additional penalty for breach of exam rules / practitioner inexperienced and unsupported by former employer / blackmail was ignorant mistake / no damage done / now supervised by current employer and mentored by prominent lawyer / blackmail in these circumstances not a major breach / not ready to practise on own account / publishing practitioner’s name would be grossly unfair considering former employer’s name was suppressed / practitioner is in safe circumstances to develop professionally / Tribunal ordered practitioner to undergo training / imposed conditions on current mentoring arrangements / prohibited from practising on own account / granted permanent name suppression
  4. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [PDF, 150 KB]

    Penalty / three charges of misconduct / failed to comply with s 147 notice in relation to four clients / HELD / regulatory body hampered by practitioner’s repeated failures to engage with it / practitioner dismissively treated serious departures from conduct expected of solicitors / unable to acknowledge practice was not providing the service clients were entitled to expect / practice was erratic, unresponsive and not an isolated lapse / lawyers owe duty to comply with current regulatory regime and whether regime may change in future is irrelevant / serious practice deficits / 18 prior findings of unsatisfactory conduct mark practitioner as problematic / no credible explanation for behaviour / medical evidence inadequate / no means of measuring ways to help practitioner practise safely / not fit and proper / compensation declined as no opportunity given to respond / Tribunal ordered practitioner be struck off / practitioner to pay Standards Committee’s and Tribunal’s costs
  5. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [PDF, 248 KB]

    Restoration of name to roll of barristers and solicitors / practitioner struck off eight years ago for a criminal conviction involving delivering unlawful items to a prisoner in prison / falsely accused two corrections officers of planting the items / Lawyers and Conveyancers Act 2006, section 3 / section 55 / section 246 / HELD / conduct was a gross breach of trust and abuse of position as a lawyer / aggravating features of engaging in conduct when acting as a lawyer and accusing corrections officers that she knew were innocent / lacks insight, compassion for those she has harmed &  genuine remorse for wrongdoing / instead demonstrates self-interest and regret for damage caused to herself and those near her / further failure in 2017 to alert employer of her convictions casts doubt on her probity and candour / relevant character defects still profound and cannot be managed by supervision / application dismissed
  6. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 6 (21 March 2023) [PDF, 144 KB]

    Liability / practitioner issued seven inaccurate invoices for various work / invoices included firm’s name and GST number / Lawyers and Conveyancers Act 2006, section 7(1)(a) / HELD / conduct not disgraceful or dishonourable / invoices not intended to be paid / sending fictitious invoices and including GST is serious / conduct was deceptive, but practitioner did not profit and had no ill intent / disgraceful or dishonourable conduct more usefully applied where moral opprobrium involved or conduct very serious / conduct not intentional or reckless breach of rules / actions were more careless ineptitude in not understanding firm’s systems or ensuring he was doing the work correctly / number of invoices and period of time of conduct considered in light of lengthy experience and expertise takes conduct into level of negligence / invoices require care / negligence proved (section 241(c)) / parties to file penalty submissions
  7. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [PDF, 123 KB]

    Liability and penalty / misconduct for failing to follow up on immigration work for three clients / misleading employer and client about progress of work / providing regulated services without supervision / unsatisfactory conduct for failing to secure client documents / Lawyers and Conveyancers Act 2006, section 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2 / rule 11.1 / HELD / misconduct was serious having regard to length of time over which conduct endured, serious consequences for clients and element of deception / strike-off not appropriate due to practitioner’s young age, inexperience and lack of supervision / rehabilitative pathways could not be explored as practitioner did not attend hearing / Committee’s costs too high for a formal proof claim with a less-than-half-day hearing / Tribunal ordered two years’ suspension / practitioner to pay reduced Standards Committee’s costs ($35,000) and full Tribunal’s costs
  8. Wellington Standards Committee 2 v Collins [2023] NZLCDT 3 (20 February 2023) [PDF, 102 KB]

    Penalty / negligence for acting during conflict of interests / HELD / practitioner fell short of obligations due to handling of possible undue influence, failing to recognise conflict of interests, and correcting error in enduring power of attorney without recognising he was not independent / Tribunal accepts practitioner was actively protecting vulnerable client and was careful in obtaining medical evidence to show client had decisional capacity / conduct a relatively serious example of negligence / prior finding of unsatisfactory conduct an aggravating feature, but Tribunal noted it involved actions of staff member for which practitioner took responsibility / practitioner ought to have declined to act given vulnerability of client / mitigating features of long career and retirement, no public protection required / Tribunal ordered censure and $8,000 fine / practitioner to pay discounted Standards Committee costs ($45,000) and full Tribunal’s costs
  9. National Standards Committee 2 v Mr Y [2023] NZLCDT 1 (12 January 2023) [PDF, 163 KB]

    Penalty / practitioner admitted three charges of misconduct / altered emails to appear they were sent on earlier date / second charge redacted / misled the Committee / HELD / seriousness of misconduct warrants suspension / conduct strikes at heart of professional obligations due to dishonesty, allowing personal life to impinge on performance and providing misleading information to professional body / emails were altered on six occasions, showing repeated and premeditated deception / mitigating factors include early guilty plea, apology, remorse, regular attendance before psychologist, and voluntary cancellation of practising certificate / principle of deterrence to be at forefront in deciding penalty for charges of this kind / medical evidence shows personal interests outweighs public interest in knowing practitioner’s identity / Tribunal ordered six months’ suspension / practitioner to pay Standards Committee’s and Tribunal’s costs / permanent name suppression granted
  10. Auckland Standards Committee 1 v Chambers [2022] NZLCDT 53 (23 December 2022) [PDF, 119 KB]

    Liability / practitioner failed to secure, protect and hold in confidence client files / documents dumped in a construction site while practitioner was overseas / failed to administer practice to ensure these duties were adhered to / HELD / practitioner suffered significant events impacting functioning / did not respond to clients’ complaints that practitioner was unresponsive / moved out of family home / left behind concluded client files / faced significant barriers in accessing the files left behind / cooperated with Complaints Service and sought assistance from Law Society / commuted between Australia and New Zealand while winding down practice / unable to return to New Zealand due to COVID-19 pandemic / left behind files were then dumped / was unaware of and did not allow files to be dumped / while appreciating serious client confidentiality concerns, practitioner ought not to be held responsible having regard to his extenuating circumstances / charge dismissed
  11. Auckland Standards Committee 1 v Harder [2022] NZLCDT 55 (23 December 2022) [PDF, 98 KB]

    Penalty / misconduct for abusing position as lawyer to visit a defendant of criminal proceedings in court custody without consent from his lawyer / conduct fell within personal and not professional category / HELD / conduct was transitory and out of character / deliberate abuse of privilege as lawyer a serious departure from standards expected of lawyers / clear misuse of privilege and power / mitigating features / cooperation / accepted wrongdoing / regret, remorse and apology / reflecting on conduct with peers / clean record / contribution to profession / character references / deterrence in this case required no more than formal censure and contribution to costs / is proportionate to level of misconduct / costs principles discussed / Tribunal ordered censure / practitioner to pay reduced Standards Committee’s costs ($14,500) and 70 per cent Tribunal’s costs
  12. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 54 (23 December 2022) [PDF, 83 KB]

    Penalty / misconduct for being convicted of tax evasion / misusing trust money / HELD / practitioner’s failure to pay tax was wilful blindness at best / ignored multiple prompts from IRD / selfishly avoided civic duty / misuse of trust money occurred in stressed circumstances but practitioner deliberately stole client money / gross lack of ethical behaviour / character references dismissed / credit given for pro bono and community work / practitioner remains self-deceiving, minimising culpability and lacking ethical rigour / no insight or acceptance of wrongdoing / little prospect that similar conduct will be avoided in future / credit given for beginning counselling / no steps taken to regularise accounting practises / practitioner shows no insight that could fuel rehabilitative response / nature and gravity of charges make strike-off primary option / Tribunal ordered practitioner be struck off / practitioner to pay Standards Committee’s and Tribunal’s costs
  13. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [PDF, 255 KB]

    Liability / three charges / practitioner brought prohibited materials to Trust Account Supervisor’s exam / used blackmail to gain advantage in negotiations / threatened to use complaints process to discourage law firm from complaining about her conduct / Lawyers and Conveyancers Act 2006, section 3 / Conduct and Client Care Rules 2008, rule 2.3 / rule 2.4 / rule 2.7 / HELD / practitioner knew or ought to have known not to bring prohibited materials to exam, but did not use materials / did not cheat / admitted unsatisfactory conduct (section 12(c)) / blackmail not wilful as practitioner was following client’s instruction and was unaware of rule 2.7, but ignorance or inexperience not an excuse / using improper lever to gain advantage in negotiation is unethical and a crime / misconduct found (section 7(1)(a)(i)) / threat to use complaints process was an emotive misfire / threat to involve news media not real / third charge dismissed / parties to file penalty submissions
  14. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [PDF, 145 KB]

    Interim suspension / misconduct for failure to comply with section 147 notice in relation to four clients / practitioner suspended from practice until further order / order made in context where penalty hearing adjourned to allow for parties to assemble their case / reasons for order / Lawyers and Conveyancers Act 2006, section 3 / section 245 / HELD / practitioner’s conduct was tardy and capricious on several significant occasions / practitioner’s inability to meet timetables in this case noted / practitioner’s disabilities prevent her from providing the practice the public is entitled to expect / disciplinary history shows pervasive pattern / Tribunal concerned with practitioner’s ability to carry out ordinary tasks given her cognitive performance and confused demeanour at liability hearing / public at ongoing risk of practitioner’s patchy performance in immediate future / no basis to expect performance will improve within term of order / public interests firmly engaged
  15. Waikato Bay of Plenty Standards Committee 2 v Stirling [2022] NZLCDT 52 (22 December 2022) [PDF, 67 KB]

    Interim suspension / urgent application by Standards Committee / affidavit evidence shows practitioner deceived bank or misappropriated funds advanced for a purported settlement by diverting funds for personal use / bank closed practitioner’s trust account, but he could open another account unless suspended / evidence indicates practitioner’s trust account dealings may have been irregular for some time / HELD / practitioner does not appreciate that using the funds for personal reasons is wrongful / indicates he has lost his moral compass in relation to trust monies / the public and bankers that may be engaged by the practitioner are at risk / necessary or desirable to make suspension order having regard to the interests of the public and banks / practitioner consents to making of suspension order on without prejudice basis / Tribunal ordered interim suspension without prejudice until charge is disposed of / application successful
  16. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [PDF, 205 KB]

    Issue practising certificate / Law Society refused to issue certificate to practise as barrister sole without supervision / practitioner appealed / Lawyers and Conveyancers Act 2006, section 3 / section 30 / section 31 / section 39 / section 41 / Practice Rules Regulations 2008, reg 3 / reg 12 / HELD / practitioner’s sole practice in 2014 was not viable / little experience gained / proposed business plan does not address previous failure resulting in complaint upheld in 2011 / no basis for confidence that plan will work / slow payment of fine and costs from 2011 complaint infers practitioner unable to manage affairs and not realistic in business matters / Law Society courses and successful tenancy dispute not sufficient experience / lawyers generally expected to obtain meaningful amount of practical experience before engaging in sole practice unsupervised / insufficient experience for solo practice / nothing to suggest he can do better than in 2014 / appeal dismissed
  17. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 46 (15 December 2022) [PDF, 98 KB]

    Penalty / misconduct for tardy estate distribution / mocked LCRO’s apology order / HELD / fourth appearance before Tribunal in five years / practitioner wrote offending apology letter before last Tribunal matter / was warned about suspension / if he had reflected on his then recent behaviour, he could have written a fresh, proper apology / demonstrates a truculent characteristic / suspension is least restrictive option / successive warnings provide relevant context / mitigating factors include attendance of counselling and legal aid work / additional fine would be an ineffective deterrent as shown by accrued fines from previous penalties / apology not ordered as it would be better for practitioner’s and complainant’s interests to let the matter go / Tribunal ordered two months’ suspension / practitioner to pay Standards Committee’s and Tribunal’s costs
  18. National Standards Committee 1 v Palmer [2022] NZLCDT 42 (10 November 2022) [PDF, 128 KB]

    Liability / sexual harassment / six charges of misconduct / practitioner’s conduct broadly categorised as sexual harassment against three junior and two senior staff / was intoxicated while working as a lawyer / no dispute conduct occurred in professional setting / HELD / charges 1 to 3 proven as misconduct / evidence of complainants credible / practitioner lacked awareness of power imbalance between summer clerks or junior staff members and senior member / conduct went beyond merely unwise or unacceptable conduct / was disgraceful and dishonourable / charge 4 dismissed / complainant concedes physical touch while dancing at Christmas party may have been accidental / charge 5 (intoxication while working) dismissed / observation of one person insufficient / no evidence such as evidential breath or blood testing available / no evidence of harm to clients or impaired performance / charge 6 dismissed as duplicate and redundant / parties to file penalty submissions
  19. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 40 (9 November 2022) [PDF, 99 KB]

    Liability / two charges of misconduct / practitioner convicted of offence which reflects on fitness to practise or tends to bring profession into disrepute / made thirteen irregular transfers of money from trust account to practice account / allowed trust account balance to drop below sum he was obligated to retain pending completion of work / Lawyers and Conveyancers Act 2006, section 110 / section 112 / Trust Account Regulations 2008, reg 6 / reg 9 / reg 11 / reg 12 / HELD / practitioner admitted first charge / convicted for evading income tax for ten years / transferring trust monies while confused about what sums he was entitled to was not proper practice / retention funds remained client’s property pending settlement and must be retained wholly in trust account / practitioner’s actions were wilful as he knew trust monies must be held for client but intentionally transferred them to practice account for personal use / charges proven / parties to file penalty submissions
  20. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [PDF, 222 KB]

    Liability and penalty / practitioner intentionally breached binding settlement agreement / lacked independence when representing clients / made meritless allegations against lawyers and judicial officers / Lawyers and Conveyancers Act 2006, section 4 / Conduct and Client Care Rules 2008, rule 2.3 / rule 10.1 / rule 13.1 / rule 13.2 / rule 13.8 / HELD / lawyers entitled to represent clients fearlessly but conduct must comply with Act and Rules / interactions between lawyer and judicial system must be courteous for system to function / allegations require evidential foundation / deliberate disregard of non-publication order and unrestrained manner of successive proceedings amount to repeated abuses of process / representation of clients were attempts to relitigate personal issues / not fit and proper / circumstances cumulatively amount to misconduct / Tribunal ordered practitioner be struck off / practitioner to pay Standards Committee’s and Tribunal’s costs
  21. Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 (26 October 2022) [PDF, 183 KB]

    Liability / criminal sentencing proceedings / practitioner falsely stated on invoice the cost of a drug assessment report / when client was assigned a new lawyer, destroyed the report and failed to inform new lawyer or court that report was completed / filed misleading memorandum stating report not complete / Conduct and Client Care Rules 2008, rule 3.1 / rule 5.1 / HELD / practitioner deliberately lied to client / used misleading communication about cost of report for own pecuniary interests when client was vulnerable / deleting report not a proper way to deal with client’s information / could have alerted new lawyer about report / continued to owe legal and fiduciary duties to client until relieved of role by new lawyer / client denied litigation advantage of the report at critical point / filing of memorandum not misleading as it was correct at time of filing / first two charges proven at level of misconduct / third charge dismissed / parties to file penalty submissions
  22. Auckland Standards Committee 3 v Potter [2022] NZLCDT 36 (12 October 2022) [PDF, 103 KB]

    Penalty / unsatisfactory conduct for failing to act competently and in a timely manner in court proceedings / unsatisfactory conduct for accepting funds paid on account of fees directly into his own account / misconduct for providing regulated services for client other than in the course of his employment / Lawyers and Conveyancers Act 2006, section 9(1)(a) / Trust Account Regulations 2008, reg 10 / HELD / client suffered adverse decisions and bankruptcy due to practitioner’s woeful performance / practitioner failed to appear at court hearings / his service was dilatory and disorganised / Tribunal ordered twelve months’ suspension / condition on suspension / before being issued with a new practising certificate, practitioner will have active ongoing supervision from appropriate senior person / practitioner should have realistic prospect of paying his debts to NZLS / Tribunal ordered refund of $5,800 to client / practitioner to pay Standards Committee’s and Tribunal’s costs
  23. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 34 (22 September 2022) [PDF, 96 KB]

    Liability / three charges of misconduct for failure to comply with section 147 notice in relation to four clients / practitioner failed to inform clients or give effect to instructions in a timely manner / clients instructed new lawyers and lodged complaints / Standards Committee required practitioner to provide documents in relation to clients’ files and gave multiple extensions and reminders / Lawyers and Conveyancers Act 2006, section 147 / HELD / common theme between charges is practitioner’s lack of engagement with her governing body / Committee’s requests for practitioner to provide information were reasonable / practitioners have basic professional obligation to co-operate with Law Society and provide accurate information / practitioner’s failures to respond to Committee were inexcusably tardy / practitioner’s responses were only partial / despite COVID-19 restrictions, ample time was given to comply with requests / misconduct found / parties to file penalty submissions
  24. Auckland Standards Committee 2 v Johnson [2022] NZLCDT 32 (7 September 2022) [PDF, 83 KB]

    Penalty / misconduct involving conflicts of interest / unsatisfactory conduct in dealing with trust account defaults / whether conduct should be marked by modest suspension / whether censure and contribution to costs sufficient / HELD / moderately serious misconduct / two occasions of conflict of interest / practitioner previously benefited from reduced suspension for previous offending / Tribunal refused to credit voluntary cessation from practice as “involuntary suspension” / prior disciplinary findings not aggravating factor, but pattern of disregard for professional standards can be observed / suspension appropriate / however, Standard Committee should not have pursued misconduct charge for minor defaults / Tribunal ordered three-month suspension / practitioner to pay 75 per cent of Standards Committee’s costs ($20,000) and Tribunal’s full costs
  25. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [PDF, 130 KB]

    Liability / two charges of misconduct / practitioner mocked LCRO’s order to apologise / tardy estate distribution / funds left on interest-bearing deposit for years after earlier prompt by disciplinary system / Conduct and Client Care Rules 2008, rule 2.3 / rule 2.10 / rule 3 / rule 10 / rule 12 / HELD / apology not compliant with order / practitioner pretended to perform an apology / no acknowledgement of wrongdoing / purposely drafted apology letter to mock order, insult LCRO, convey no remorse and designed to withhold vindication to complainant / conduct disgraceful or dishonourable / practitioner held special responsibility and power as sole executor / seven-year delay in distributing final sum, even after prompt from earlier complaint, unacceptable / both misconduct charges proved / permanent name suppression for complainants and clients / parties to file penalty submissions