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1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. Auckland Standards Committee 1 v Hooker [2020] NZLCDT 15 [PDF, 96 KB]

   Decision on Costs.  Date of Decision: 29 May 2020.

8. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [PDF, 131 KB]

   Decision on Penalty.  Date of Decision: 29 April 2020.

9. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [PDF, 160 KB]

   Decision on Penalty (under appeal).  Date of Decision: 29 April 2020.

10. Auckland Standards Committee 1 v Hooker [2020] NZLCDT 10 [PDF, 136 KB]

    Decision on Penalty (under appeal).  Date of Decision: 18 March 2020.

11. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [PDF, 116 KB]

    Decision on Penalty.  Date of Decision: 4 March 2020.

12. Canterbury Westland Standards Committee 1 v Williams [2020] NZLCDT 8 [PDF, 98 KB]

    Decision on Penalty.  Date of Decision: 28 February 2020.

13. Auckland Standards Committee 1 v Pomeroy [2020] NZLCDT 7 [PDF, 92 KB]

    Decision on Penalty.  Date of Decision: 14 February 2020.

14. Auckland Standards Committee 2 v Kennelly [2020] NZLCDT 6 [PDF, 143 KB]

    Decision on Liability and Penalty.  Date of Decision: 11 February 2020.

15. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [PDF, 265 KB]

    Decision on Liability (under appeal).  Date of decision: 10 February 2020.

16. Canterbury Westland Standards Committee 2 v Healy [2020] NZLCDT 4 [PDF, 106 KB]

    Decision on Penalty.  Date of Decision: 31 January 2020.

17. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [PDF, 191 KB]

    Decision on Liability.  Date of Decision: 22 January 2020.

18. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [PDF, 129 KB]

    Decision on Penalty (under appeal).  Date of Decision: 23 December 2019.

19. National Standards Committee 1 v Peters [2019] NZLCDT 39 [PDF, 248 KB]

    Decision on Liability.  Date of Decision: 20 December 2019. 

20. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [PDF, 152 KB]

    Decision on Liability and Penalty.  Date of Decision: 4 December 2019.

21. Canterbury Westland Standards Committee 1 v Allan [2019] NZLCDT 35 [PDF, 85 KB]

    Decision on Penalty.  Date of Decision: 3 December 2019.

22. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [PDF, 317 KB]

    Decision on Liability.  Date of Decision: November 2019.

23. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 32 [PDF, 108 KB]

    Decision on Penalty.  Date of Decision: 17 October 2019.

24. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 31 [PDF, 297 KB]

    Decision on Penalty.  Date of Decision: 14 October 2019.

25. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [PDF, 132 KB]

    Decision on Liability (under appeal).  Date of Decision: 11 October 2019.