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1358 items matching your search terms

  1. LCRO 210/2018 RF v TG (27 August 2020) [PDF, 231 KB]

    Complaint / Committee found unsatisfactory conduct / employment proceedings / complaint lawyer’s representation incompetent and fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / LCRO 262/2014 (28 June 2018) / Auckland Standards Committee 3 v Castles [2013] NZLCDT 53 / McGuire v New Zealand Law Society [2017] NZHC 2484 / Vallant Hooker & Partners v Toothill HC Auckland CIV-2009-404-1895, 4 September 2009 / Chean v Luvit Foods International Ltd HC Auckland CIV 2006-404-1047, 7 June 2006 / HELD / complaints process does not closely scrutinise each litigation decision / breach of rule 9 / lawyer should have formed view at outset as to prospects and costs / no evidence lawyer advised costs could exceed any award or of Calderbank offer meaning / fee calculated by reference to time recorded / no measured assessment of whether fee was reasonable / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [PDF, 212 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation lawyer sent message enabling contractor to avoid GST and income tax obligation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / HELD / current own motion inquiry, arising out of a previous determination that did not consider the matter, is not an abuse of process or relitigation of the issue / review application of previous determination did not make findings on the issue / review of prosecutorial discretion involves LCRO considering fairness of the substance and process of Committee’s determination / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 203/2017 HI v JK (6 August 2020) [PDF, 314 KB]

    Review / Committee declined to take further action on complaint / criminal proceedings / complaint lawyer not competent, terminated retainer improperly, and did not correctly manage funds received / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.1 / rule 3 / rule 4.2 / rule 14.10 / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / Skagen v Wellington Standards Committee [2016] NZHC 1772 / HELD / taking cash without issuing an invoice may have been a conduct breach but does not merit disciplinary response / breach of rule 4.2 / did not clearly advise retainer terminated / did not attend court / unsatisfactory conduct found pursuant to sections 12(a), 12(b) and 12(c) / Committee’s decision reversed to reflect rule breach / lawyer ordered to cancel and refund fee / section 211(1)(a)
  4. LCRO 235/2018 AB v CD (5 August 2020) [PDF, 149 KB]

    Complaint / Committee declined to take further action on complaint / civil proceedings / complaint opposing lawyer improperly pursued statutory demand and fees not fair and reasonable / duties to third parties / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / Companies Act 1993, section 290 / indemnity for fees / HELD / lawyer acted on client instructions / no breach of rule 9 / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 34/2020 KL v OP (4 August 2020) [PDF, 147 KB]

    Complaint / Committee declined to take further action on complaint / trust and family matters / complaint lawyer failed as independent trustee / Hansen v Young [2004] 1 NZLR 37 / PY v SD LCRO 217/2017 (26 March 2018) / Rules of Professional Conduct for Barristers and Solicitors, rule 1.04 / section 201 / HELD / no authority to direct mediation with ex-partner as they are not a party to the review / complaint relates to lawyer’s role as trustee / no evidence of professional standards issue / application for review an abuse of process / application for review struck out / section 205(1)(d)
  6. LCRO 77/2020 MP v RJ (30 July 2020) [PDF, 194 KB]

    Complaint / Committee determined to take no further action on complaint / proceedings under Retirement Villages Act 2003 / complaint lawyer failed to comply with discovery obligations, threatened complainant and failed to respond to requests / second complaint / no further action taken on first complaint, Committee referred complainant to presiding judge / LO v RT LCRO 202/2017 (4 February 2019) / HELD / second complaint repeats aspects of first complaint and attempts to relitigate issue / opportunity to have concerns about lawyer behaviour during proceedings addressed by court is not affected by lawyer’s withdrawal as counsel / fresh correspondence alleged to be threatening merely robustly presents client’s position / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 91/2020 LS v DV (29 July 2020) [PDF, 178 KB]

    Complaint / Committee determined to take no further action on complaint / third registered mortgage extinguished by power of sale / complaint lawyer involved in transaction cannot provide current trustees with details of how the trust lost its mortgage security / P v H LCRO 02/09 (20 March 2009) / LCRO 112/2013 (30 August 2013) / Attorney-General v O’Neill [2007] NZHC 1526 / Lawyers and Conveyancers Act 2006, section 192A / section 138(1)(c) / HELD / lawyer did not act for trustees or trust / not lawyer’s responsibility to maintain trust’s records / application for review is vexatious / application for review struck out / section 205(1)(c)
  8. LCRO 172/2019 CB v HM (29 July 2020) [PDF, 112 KB]

    Complaint / Committee determined to take no further action on complaint / civil proceedings regarding subdivision / complaint lawyer’s conduct during litigation was unsatisfactory/ Siemer v Legal Complaints Review Officer HC Auckland CIV-2010-404-986, 25 February 2011 / LCRO 42/2020 (7 July 2020) / RCN v MA LCRO 2/2019 (27 May 2020) / A v New Zealand Law Society [2017] NZHC 1712 / HELD / not the role of disciplinary process to scrutinise and validate submissions and evidence in court proceedings / no evidence of recklessness to mislead the court / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 73/2019 LM v NO (27 July 2020) [PDF, 224 KB]

    Review / Committee determined to take no further action on complaint / relationship property proceedings / complaint opposing lawyer acted for two clients in one matter when their interests did not align / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / lawyer’s clients have not expressed concern but complainant has sufficient interest in the complaint for inquiry to proceed / lawyer prepared draft proceedings and gave advice against existing client, contrary to that client’s interests / while both shared a view on the subject of proceedings, their interests were not aligned / client cannot instruct a lawyer to act against their own interests / technical breach of rule 6.1 / appropriate to exercise discretion not to make an adverse finding in these circumstances / Committee’s decision confirmed but modified to reflect breach of rule 6.1 / section 211(1)(a)
  10. LCRO 206/2018 JA v CL (22 July 2020) [PDF, 168 KB]

    Complaint / Committee determined to take no further action on complaint / relationship property matters / complaint opposing lawyer failed to comply with agreements, made unsubstantiated allegations and attacks, did not respond to communications in a timely manner, was unprofessional and failed to correct a mistake / HELD / lawyers owe limited duties to non-clients / client’s decisions are not the lawyer’s / no evidence of professional standards concern / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 3/2019 YR v OS (20 July 2020) [PDF, 207 KB]

    Review / Committee found unsatisfactory conduct/ trust and relationship property matters / complaint lawyer failed to explain trustee duties and provide competent advice, failed to inform trustee they had been removed as a trustee, and acted for more than one client / provided advice to both husband and wife / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / review of liability determination / lawyer must be proactive in offering advice or ensuring independent advice / lawyers can owe fiduciary duties to non-clients / no evidence lawyer provided wife with advice regarding significance of family home being owned by a trust (taking it outside of relationship property pool) or of power of appointment and removal of trustees and the associated risks if marriage ended / breach of fiduciary duty / Committee’s decision confirmed but modified to include further unsatisfactory finding conduct pursuant to section 12(c) for rule breaches related to fiduciary duties / section 211(1)(a)
  12. LCRO 87/2019 G OR v F HM (10 July 2020) [PDF, 259 KB]

    Review / Committee determined to take no further action on complaint / will and estate matter / complaint opposing lawyer requested confidential information from lawyer / Carter Holt Harvey Forests Ltd v Sunnex Logging Ltd [2001] 3 NZLR 343 (CA) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.1 / rule 8.1.1 / rule 8.7 / rule 8.8 / HELD / duties to non-clients / any duty of confidence owed to complainant would have to arise outside a lawyer-client relationship / no evidence of connection or relationship with complainant or their lawyer giving rise to a duty of confidence / no breach of rule 8.8 / Committee’s decision confirmed but modified to provide further action is unnecessary or inappropriate / section 211(1)(a)
  13. LCRO 176/2019 LJ v RY and PG (7 July 2020) [PDF, 230 KB]

    Complaint / Committee determined to take no further action on complaint / breaches of franchise agreement / complaint lawyers’ advice was negligent and that fees were excessive and no estimate was provided/ fee complaint / Auckland Standards Committee No 3 v Castles [2013] NZLCDT 53 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 9.4 / HELD / complainant defaulted on various obligations when instructing lawyers / no right or wrong approach to litigation strategy / test for unsatisfactory conduct involves competence and diligence / no evidence of professional standards issue regarding advice / complainant did not request an estimate / although Committee did not appoint a costs assessor, it would have been reasonable for lawyers to consider an uplift in the circumstances of the retainer / this mitigates complaint that fees rendered were excessive / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 97/2019 DH v MB (29 June 2020) [PDF, 273 KB]

    Complaint / Committee declined to take further action on complaint / settlement of estate dispute / complaint lawyer did not act competently preparing complaintant’s mother’s will to protect family property from claims / Davis v Mancer [2015] NZHC 3005 / SY v LT LCRO 1/2018 (December 2019) / JR v ST LCRO 57/2015 (December 2016) / Family Protection Act 1955 / Lawyers and Conveyancers Act 2006, section 351 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / certain conduct occurred more than six years before 1 August 2008, no jurisdiction / non-clients are owed limited duties / no evidence produced that lawyer failed to advise complainant’s mother to protect her property from relationship property/family protection claims / allegations of negligence must be tested in civil courts / Committee’s decision modified to record that any further action on the complaint is unnecessary or inappropriate / Committee’s decision otherwise confirmed / section 2…
  16. LCRO 195/2018 KW v LQ (26 June 2020) [PDF, 182 KB]

    Review / Committee declined to take further action on complaint / criminal representation / complaint lawyer did not account for money, made erroneous comments about Legal Aid Service and another lawyer, and brought the profession into disrepute / Lawyers and Conveyancers Act 2006, section 200 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 9.5 / rule 10 / rule 11 / HELD / lawyer misrepresented role of legal aid lawyer to client’s overseas family / erroneously minimised credentials of legal aid lawyer / breach of section 12(b), unacceptable and unprofessional conduct / client’s interests compromised as lawyer then withdrew services due to non-payment of fees / trust account records issue not addressed by Standards Committee / issue returned to Standards Committee / section 209 / Committee’s decision reversed as to orders / censure and costs ordered / section 211(1)(a)
  17. LCRO 202/2018 HB v MD (26 June 2020) [PDF, 172 KB]

    Complaint / Committee declined to take further action on complaint / responsibility for invoices regarding mortgage defaults / complaint lawyer falsely asserted complainant was in default of mortgage, and issued two invoices complainant was not responsible for / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / lawyer relied on client’s advice as to the facts when issuing one erroneous invoice / mistake quickly acknowledged, isolated error / no breach of section 12(a) / liability for other invoice currently before the courts / no evidence of breach of professional standards / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 164/2019 SM v NL (25 June 2020) [PDF, 150 KB]

    Complaint / Committee declined to take further action on complaint / family court proceedings / complaint lawyer acted against former client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7 / rule 8.7.1 / Torchlight Fund No 1 LP (in rec) v NZ Credit Fund (GP) 1 Ltd [2014] NZHC 2552 / HELD / no particularised evidence of how lawyer breached rule 8.7.1 / no evidence of professional standards issue / no evidence of lawyer holding confidential information which, if disclosed, would likely affect the interests of former client / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 90/2019 WP v MB (23 June 2020) [PDF, 186 KB]

    Review / Committee declined to take further action on complaint / sale and purchase of commercial property / complaint lawyer breached undertaking / delay in providing lease documents / Auckland Standards Committee 3 v W [2011] 3 NZLR 117 (HC) / W v Auckland Standards Committee 3 [2012] NZCA 401 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / HELD / undertaking said lease documents would be provided on completion of settlement / lawyer did not search files in response to inquiries / provided documents 5 weeks later / breach of rule 10.3 / Committee’s decision reversed / $1,000 fine and costs ordered / section 211(1)(a)
  21. LCRO 174/2018 GL v TE (18 June 2020) [PDF, 296 KB]

    Review / Committee declined to take further action on complaint / trust dispute / complaint lawyer had a conflict of interest and did not adequately administer trust/ Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7.1 / HELD / complainant consented to lawyer acting for trust/ no evidence of disclosure of client information that would adversely affect complainant / complainant may apply to High Court to compel lawyer to perform trustee duties / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 2/2018 MC v TL (17 June 2020) [PDF, 304 KB]

    Complaint / Committee declined to take further action on complaint / paternity and custody proceedings / complaint lawyer did not act competently, accept instructions, or act in a timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5 / rule 4 / rule 4.1 / rule 4.1.3 / HELD / no rule requiring either client or lawyer to sign terms of engagement / no evidence lawyer did not act competently / time taken to advance matters does not call for disciplinary response / lawyer could have advised client that separate proceedings to recover costs would not be required / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 84/2020 WF v BP (11 June 2020) [PDF, 159 KB]

    Jurisdiction / Committee found unsatisfactory conduct / whether application lodged out of time / Lawyers and Conveyancers Act 2006, section 198 / Epidemic Preparedness Act 2006, schedule 2 / D v T LCRO 36/2009 (27 March 2009) / LCRO 190/2017 (6 November 2017) / KX v WA LCRO 84/2012 (30 April 2012) / 30 working day time limit / discretion to extend time limit / whether LCRO a tribunal / HELD / no reason to extend time limit / application for review lodged out of time / LCRO has no jurisdiction to consider application