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498 items matching your search terms

  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [PDF, 150 KB]

    Liability / one charge of misconduct / practitioner abused position as lawyer to gain access to alleged perpetrator of criminal offending in custody at court / communicated with alleged perpetrator without his lawyer’s consent / attempted to gain information for personal benefit / whether conduct personal or professional / misconduct or unsatisfactory conduct / Orlov v New Zealand Lawyers and Conveyancers Disciplinary Tribunal [2015] 2 NZLR 606 / HELD / conduct was personal / misuse of status as lawyer itself does not connect conduct with provision of regulated services / practitioner did not provide regulated services / deliberate decision to abuse privilege as lawyer for personal benefit a serious departure from standards expected of lawyers / trust an important element between lawyers and custodial officers / practitioner’s conduct had potential to undermine that trust significantly / misconduct found / parties to file penalty submissions

  11. Auckland Standards Committee 2 v Johnson [2022] NZLCDT 28 (19 August 2022) [PDF, 233 KB]

    Liability / two charges of misconduct / practitioner acted on two loan agreements where he provided funds to a client, acting for both parties / contravened trust accounting regulations / Conduct and Client Care Rules 2008, rule 5.4 / rule 5.4.3 / rule 6.1 / HELD / reckless disregard of rules against acting in conflict of interest or duties / misconduct charge proved / trust account errors regarded as breach simpliciter / negligence not established / practitioner not the only lawyer responsible for trust account / unsatisfactory conduct found / parties to file penalty submissions

  12. Auckland Standards Committee 3 v Potter [2022] NZLCDT 27 (27 July 2022) [PDF, 110 KB]

    Liability / two charges of unsatisfactory conduct and one charge of misconduct / failure to attend court / failure to ensure affidavit accompanied application to set aside bankruptcy notice / failure to advise client of bankruptcy / failure to withdraw as counsel for Family Court proceedings / practitioner prohibited from practising on own account / Lawyers and Conveyancers Act 2006, section 9(1)(a) / Trust Account Regulations 2008, regulation 10 / HELD / practitioner failed to act competently and in timely manner / lawyer-client relationship between practitioner and friend well-established / practitioner provided regulated services for client other than in course of employment / constructed the apparent “extra-legal” arrangement to suit his purposes / took advantage of loophole to appear as non-lawyer representative / practitioner accepted funds paid on account of fees directly into own account / unsatisfactory conduct found (section 12(a)) / parties to file penalty submissions

  13. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [PDF, 238 KB]

    Liability and penalty / divorce proceedings / practitioner arranged sale and buy-back of her relationship property / misled Family Court by not disclosing her beneficial interest in the property, after declaring she had no interest in it other than as tenant / misconduct or conduct unbecoming of a barrister / Law Practitioners Act 1982, section 112(1)(a) / section 112(1)(b) / Lawyers and Conveyancers Act 2006, section 7(1)(a) / HELD / Tribunal found conduct unbecoming of a barrister / misleading a court by omitting information considered serious / mitigating factor that practitioner had personal and psychological factors surrounding conduct / acknowledged wrongdoing / conduct historic / acted in personal capacity / conduct at less serious level of spectrum / Tribunal ordered $5,000 fine / practitioner to pay $5,000 of Standards Committee’s costs and 50 per cent of Tribunal’s costs

  14. Auckland Standards Committee 2 v Kejriwal [2022] NZLCDT 24 (20 July 2022 [PDF, 156 KB]

    Penalty / practitioner admitted one charge of misconduct / issued three fraudulent fee invoices that would be paid to personal bank account / HELD / offending at very serious end of misconduct as it was planned and deliberate, and involved altering documents to divert client funds and use of associate to avoid detection / aggravating features include placing client funds at risk, exploiting position of trust, and lying that offending was a one-off incident during Standards Committee enquiry / mitigating features include admission of charge, expression of remorse, and practitioner’s youth, inexperience and personal difficulties / offending not explained by personal difficulties / practitioner’s insight not apparent in dishonest response and non-repayment of fees wrongly taken / unclear what practitioner needs to remedy for rehabilitation purposes / not fit and proper / Tribunal ordered practitioner be struck off / practitioner to pay Standards Committee’s and Tribunal’s costs

  15. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [PDF, 170 KB]

    Liability / practitioner lodged notice of claim against property for vendor client in direct conflict with vendor’s sister who was one of the purchasers and also a client of practitioner’s firm / property sold at reserve price then on-sold by purchasers for profit / practitioner prepared amended enduring power of attorney for vendor certifying self as independent / misconduct, negligence or unsatisfactory conduct / Conduct and Client Care Rules 2008, rule 3 / rule 5 / rule 5.1 / rule 5.2 / rule 5.3 / rule 6.1 / HELD / web of conflict of interests discernible / client not asked to get independent advice or sent away as required / practitioner did not heed warning of undue influence of client by sister / ought to have ensured vendor fully understood sister’s intentions / not properly independent when power of attorney amended / intended to protect client but failed to appreciate red flags and risks to her / negligence proved (section 241(c)) / parties to file penalty submissions

  16. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [PDF, 192 KB]

    Penalty / two counts of misconduct by each practitioner / terminated retainer four weeks before settlement conference / had client sign deed acknowledging debt without independent legal advice or explanation about effect / unsatisfactory conduct by first practitioner for failing to advise about eligibility for legal aid and litigation risk / Lawyers and Conveyancers Act 2006, section 156(1)(d) / HELD / misconduct serious but not dishonest or malicious / aggravating features include disciplinary history, belated action to discharge mortgage, lack of insight by first practitioner / mitigating features include lengthy career and writing off outstanding fees / client suffered significant stress, anxiety and humiliation (emotional harm) / compensation principles discussed / Tribunal ordered censure, $10,000 and $7,000 fine respectively, and $5,000 compensation each / practitioners to jointly pay contribution to Standards Committee’s costs ($30,000) and full Tribunal’s costs

  17. Auckland Standards Committee 2 v Holland [2022] NZLCDT 20 (27 June 2022) [PDF, 176 KB]

    Penalty / misconduct for breach of fiduciary duties / failure to maintain adequate records in managing parents’ estates and affairs / failure to account / HELD / practitioner’s level of misconduct relatively serious / mitigating features include references, only having one complaint upheld over 35 years and deteriorating health / misconduct not falling within regulated services not a mitigating feature / no lesser standard for private business dealings / aggravating features include ongoing failure to account and no remorse, insight or apology / practitioner’s misconduct not isolated as misapplication of estate funds occurred across multiple transactions and many years / practitioner’s deteriorating health and lack of judgment and understanding of basic legal principles relevant to fitness to practise / Tribunal unable to find path for practitioner to be brought back to safe practice / Tribunal ordered practitioner be struck off  

  18. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [PDF, 112 KB]

    Liability and penalty / failed to account for $25,000 paid without authority / acted for developer and received funds from financier, paid out $25,000 as instructed by developer without financier’s authorisation / nearly six years later financier has been unable to recover funds / Lawyers and Conveyancers Act 2006, section 111 / Conduct and Client Care Rules 2008, rule 10.5 / HELD / erroneously paid funds but failed to account properly and candidly / made an undertaking to repay funds, has failed to honour undertaking for more than five years / undertaking should be promptly performed / failure constitutes wilful contravention of Act or Rules, is misconduct (s 7(1)(a)(ii)) / moderately serious misconduct / eight disciplinary findings / remorse not demonstrated / has retired / lack of engagement in disciplinary process / name suppression declined / Tribunal ordered censure and practitioner to pay $25,000 compensation / practitioner to pay Standards Committee’s and Tribunal’s costs

  19. Auckland Standards Committee 5 and Southland Standards Committee v Taia [2022] NZLCDT 17 (9 June 2022) [PDF, 244 KB]

    Liability and penalty / first charge of misleading clients and avoiding communication on botched conveyancing matter / second charge of avoiding resolution of LINZ queries about three e-dealing certifications / third charge of failing to be frank to Law Society when declaring he was fit and proper by disclosing only one fine but not others / Lawyers and Conveyancers Act 2006, section 4(a) / Conduct and Client Care Rules 2008, rule 2 / rule 3 / rule 10 / rule 11 / HELD / conduct occurred while providing regulated services / first two charges proved as misconduct / third charge proved as unsatisfactory conduct / previous complaints upheld show practitioner’s practise as unreliable, insufficiently concerned about clients, unresponsive and unhelpful / lacks essential attributes of honesty, trustworthiness and integrity / not fit and proper / Tribunal ordered practitioner be struck off and pay $2,327.60 compensation / practitioner to pay Standards Committee’s and Tribunal’s costs  

  20. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [PDF, 120 KB]

    Penalty / practitioner admitted one charge of misconduct / registered easement without obtaining authority and instructions from all owners, falsely certified such authority and fobbed off LINZ for two years until Registrar-General revoked right to sign and certify electronic instruments via Landonline / did not advise clients or law firms / HELD / moderately serious misconduct / honesty and candour are hallmarks of legal professional conduct / actions undermine profession’s reputation for probity / false certification not part of a pattern of behaviour / thoroughly ashamed and regretful / unlikely to err in this way again / tendency to avoid responsibility and withhold information is a risk feature / one prior more minor adverse disciplinary finding / minimising behaviour means Tribunal cannot accept practitioner appreciates gravity of offending / Tribunal ordered censure, five months’ suspension / practitioner to pay Standards Committee’s and Tribunal’s costs

  21. Auckland Standards Committee 2 v R [2022] NZLCDT 15 (31 May 2022) [PDF, 69 KB]

    Penalty / practitioner admitted one charge of unsatisfactory conduct / signed solicitor’s certificate when working as consultant, and sent engagement letters that failed to include information on name of firm acting, practitioner’s position in the practice, and exclusions of practice’s indemnity insurance / HELD / investigation against practitioner was over-zealous, offensive and inappropriate at times / practitioner committed minor infractions of rules / no harm came or was likely to come / practitioner should be restored to position practitioner would have been in had the matter been dealt with appropriately / censure or significant contribution to costs not proportionate responses / Tribunal ordered practitioner to pay $1,000 fine / practitioner to pay small contribution to Standards Committee’s costs ($1,000) / permanent name suppression granted

  22. Auckland Standards Committee 2 v Brill [2022] NZLCDT 13 (16 May 2022) [PDF, 109 KB]

    Penalty / misconduct for practising outside terms of practising certificate by providing pro bono regulated services to the public, and unsatisfactory conduct for failing to provide client service information and act independently / failed to advise NZLS of his involvement in litigation when corresponding about status of practising certificate / Lawyers and Conveyancers Act 2006, section 9 / HELD / aggravating features include failure to disclose involvement in litigation, absolute duty of candour required and NZLS was misled / strong mitigating feature includes over 50-year career without previous blemish, services to community, and acted not for personal gain but desire to help his neighbours / more serious than comparable cases due to experience and on-notice of the issue / Tribunal ordered censure, $7,500 fine / practitioner to pay 75 per cent of Standards Committee’s and Tribunal’s costs

  23. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [PDF, 215 KB]

    Charges / no case to answer / practitioner charged concerning five elderly clients / Hall v Wellington Standards Committee (No. 2) [2013] NZAR 743 (HC) / Lawyers and Conveyancers Act 2006, section 240A / HELD / necessary for Tribunal to determine whether evidence sufficient to establish charge / basis for misconduct charges not established / no evidential foundation for overcharging / satisfied client competent to give instructions / no jurisdictional impediment to Tribunal hearing remaining unsatisfactory conduct charges / Tribunal may strike out charges that do not justify disciplinary sanction / no disciplinary sanction required / no reasonable basis to find against practitioner on fee complaint / particulars alleging wrong-doing with Powers of Attorney disclose no reasonable cause of action / minor infractions might arise in any busy practice without alarm / all charges dismissed / Standards Committee must pay Tribunal costs / costs between parties reserved

  24. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [PDF, 551 KB]

    Liability / four sets of charges / overcharging / issued inflated $1 million invoice to enhance voting power as client’s creditor / proper purpose / charged $1,000 per hour fee without client care information / lack of time records / conflict of interest / client provided security & guarantees / loans from client / no independent advice / received fees directly rather than to firm on trust without receipt or invoice or reporting on minimal progress / ongoing police investigation / applied funds for own use / abuse of trust / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 2.1 / rule 3.4 / rule 3.6 / rule 5 / rule 5.1 / rule 5.4 / rule 5.4.3 / rule 5.4.4 / rule 9 / rule 9.1 / rule 9.2 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, reg 9 / reg 10 / HELD / not Tribunal’s role to undertake fee revision in the absence of gross overcharging / one charge dismissed, other charges proved as misconduct or unsatisfactory conduct

  25. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [PDF, 216 KB]

    Liability / misconduct in managing parents’ estates and affairs / conduct unconnected with the provision of regulated services / breaches of fiduciary duties (including profiting), failure to maintain adequate records, failure to account / whether fit and proper person or suited to practice as a lawyer / HELD / practitioner owed fiduciary duties administering estates and affairs / reckless in handling father’s estate, caused losses to estate / has never produced mother’s will / made unsecured loans to herself and sister, who were both financial risks / brother received no share of father’s estate / previous misconduct finding for not complying with s 147 notice / has not produced records to demonstrate distributions / under a duty to account / failed to have proper regard to siblings’ interests / failed to recognise extent she imperiled mother’s position and hampered brother’s ability to obtain residuary share / s 7(1)(b)(ii) test met / charges proven