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1358 items matching your search terms

  1. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [PDF, 274 KB]

    Review / Committee found unsatisfactory conduct / complaint lawyer communicated directly with other party by speaking at body corporate AGM / lawyer held proxy from unit owners who were in litigation against body corporate, and dissuaded other unit owners from continuing litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.2 / whether lawyer entitled to address unit owners while body corporate represented and lawyer not present / HELD / members of body corporate are not the body corporate, but when decision to be made by majority, it is as if the body corporate is being addressed / touchstone of improper conduct is whether lawyer took “undue advantage” in absence of competing professional voice / breach of rule 10.2 / however, finding of unsatisfactory conduct not warranted as conduct was not unprofessional by a clear and distinct margin / Committee’s decision reversed / section 211(1)(a)
  4. LCRO 105/2018 SW v NL (23 August 2019) [PDF, 292 KB]

    Complaint / Committee declined to take further action on complaint / relationship property / complaint lawyer acted for both parties on conveyancing transaction / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5 / rule 6.1 / rule 7 / rule 7.1 / rule 10.1 / whether lawyer acted for both parties in conflict / whether lawyer obtained instructions and kept client informed / HELD / in context, lawyer acted for both parties with more than negligible risk of being unable to discharge obligations / did not obtain informed consent or promptly disclose all information relevant to sale / acted unilaterally to hold proceeds in trust account / $2,000 fine / $1,600 costs / Committee’s decision reversed / section 211(1)(a)
  5. LCRO 108/2018 WR v NS (23 August 2019) [PDF, 243 KB]

    Complaint / Committee found unsatisfactory conduct / potential client incapacity / Committee found client probably lacked capacity / determined lawyer failed to protect client’s interests / HELD / Sandman v McKay [2019] NZSC 41 / duty to follow instructions put ahead of any uncertainty about client’s capacity to give instructions / nothing to alert lawyer to possibility client lacked capacity / Committee’s decision reversed / section 211(1)(a)
  6. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [PDF, 462 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyers’ advice to executors not competent and reasonably careful / Lawyers and Conveyancers Act 2006, section 12(a) / injunction sought due to executors exercising power of sale without unanimous beneficiary consent / whether lawyers’ failed to give competent advice / Committee ordered over $43,000 compensation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / HELD / dysfunctional relationship between lawyers / one lawyer failed to give advice about Deed of Family Arrangement and consequences of lack of unanimous beneficiary consent / failed to pass on information to executors / no systemic issue in law firm / speculative that advice caused losses, compensation reversed / Committee’s decision modified / section 211(1)(a)
  7. LCRO 90/2016 FL v WZ (15 August 2019) [PDF, 196 KB]

    Complaint / Committee declined to take further action on complaint / employment relations dispute / complaint lawyer failed to follow instructions, obtain important documents, respond to inquiries,  disclose a close personal relationship, and concealed documents / HELD / Auckland Standards Committee 3 v Castles [2013] NZLCDT 53 / lawyer pursued all available avenues / no persistent failure to respond to or communicate with client / no evidence establishes close personal relationship / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 67/2019 QN v WM and FR (8 August 2019) [PDF, 102 KB]

    Complaint / Committee declined to take further action on complaint / estate matter / complaint lawyers disclosed documents without instructions, and were slow in replying to requests / complaint motivated by court proceedings / HELD / no evidence of inappropriate disclosure or not acting promptly / review application discloses no reasonable cause of action and is an abuse of process / application for review struck out / section 205(1)(a) and section 205(1)(d)
  9. LCRO 65/2019 PT v [Area] Standards Committee [X] [PDF, 164 KB]

    Review / Committee found unsatisfactory conduct / complaint lawyer emailed copy of another partner’s Standards Committee determination to personal email / own motion inquiry following confidential report / whether information confidential / HELD / under ss 158(2A) and 213(2A) of the Lawyers and Conveyancers Act 2006, determinations and reviews are given to related persons / practitioners in partnership are related persons / Committee’s determination information confidential  not accepted / lawyer did not misuse document / Committee’s decision modified / section 211(1)(a)
  10. LCRO 222/2017 RD v LC and BT (31 July 2019) [PDF, 144 KB]

    Review / Committee found unsatisfactory conduct / complaint lawyer failed to act promptly and competently on mortgage default matter / HELD / purpose of Lawyers and Conveyancers Act 2006, section 205 / no reasonable course of action is whether facts, objectively, justify reconsideration / frivolous or vexatious if obviously unsustainable / complainant’s instructions were to take lenient approach towards defaulting mortgagors / complainant liable for fees / application for review struck out / section 205(1)(a)
  12. LCRO 166/2018 KZ v AB (16 July 2019) [PDF, 150 KB]

    Complaint / Committee declined to take further action on complaint / bankruptcy / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Cortez Investments Ltd v Olphert & Collins [1984] 2 NZLR 434 (CA) / fees issued more than two years prior to complaint / HELD / no evidence fees conditional on annulling bankruptcy / not demonstrated special circumstances exist / no jurisdiction / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 185/2018 GT v NE (16 July 2019) [PDF, 206 KB]

    Complaint / Committee declined to take further action on complaint / company insolvency / conduct prior to 1 August 2008 / complaint lawyer engaged in misconduct / HELD / no evidence of professional standards issue / costs against lay applicant / reasons for engaging disciplinary process difficult to identify, motivation for complaint stated as compensation / Lawyers and Conveyancers Act 2006, section 210(1) / $900 costs order / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 239/2017 AB v CD (3 July 2019) [PDF, 250 KB]

    Review / Committee found unsatisfactory conduct / property dispute / complaint lawyer failed to act in client’s best interests / failed to present counter-offer / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 13.3 / failed to incorporate term into settlement / insufficient evidence of failure to provide alternative options / HELD / duties regarding instructions during litigation / Gilbert v Shanahan [1998] 3 NZLR 529 (CA) / Hall v R [2015] NZCA 403 / R v Pointon [1985] 1 NZLR 109 (CA) / applicant unable to prove on balance of probabilities lawyer instructed to make counter-offer and failed to advise litigation alternatives / lawyer did not keep file note of relevant interaction / Committee’s decision reversed / section 211(1)(a)
  15. LCRO 211/2018 AB v CD (3 July 2019) [PDF, 256 KB]

    Complaint / Committee declined to take further action on complaint / property dispute / complaint respondent failed to act in applicant’s best interests / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / whether fees fair and reasonable / seven invoices not considered fair and reasonable by assessor / Committee did not consider junior barrister’s fees and additional issues / Cortez Investments Ltd v Olphert & Collins [1984] 2 NZLR 434 (CA) / AT v ZH LCRO 127/2013 (26 March 2014) / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / invoices under $2,000 relate to a single legal service, special circumstances found / no fee reduction necessary on the facts as respondent’s fees fall within acceptable range / Committee to reconsider junior barrister’s fees and additional issues / Committee’s decision otherwise confirmed / section 211(1)(a) / section 209(1…
  17. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [PDF, 436 KB]

    Review / Committee found unsatisfactory conduct / estate administration / jointly held property / lawyer acted for husband and wife / husband died / conflict of interest / failed to administer estate in timely manner / failed to act competently / Committee ordered publication of determination and lawyer’s name / Property (Relationships) Act 1976 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6.1 / rule 8.7.1 / public confidence in legal profession / consumer protection / disciplinary history / HELD / lawyer’s advice on estate administration wrong / could not act for estate and wife / conflict of interest / appropriate lawyer’s name is published / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [PDF, 192 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer deducted fees from trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / whether authority to deduct fees had been revoked / delay in issuing invoice / HELD / authority to deduct fees had not been revoked / delay in issuing invoice unsatisfactory / Committee’s decision modified / section 211(1)(a)
  20. LCRO 228/2016 SP v QH (27 June 2019) [PDF, 324 KB]

    Review / Committee found unsatisfactory conduct / preparation of will / lawyer failed to release client’s files to new lawyers in reasonable time / failed to render bill in reasonable time / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 9.6 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / whether delay in releasing files unreasonable / whether fees charged for work not done / HELD / delay of over a month unreasonable / fees charged for copying files unreasonable / unsatisfactory conduct / lawyer failed to act promptly on instructions / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [PDF, 314 KB]

    Complaint / Committee declined to take further action on complaint / arbitration clause dispute / complaint lawyer failed to act competently / fee complaint / Arbitration Act 1996, section 11 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / whether lawyer’s fees for copying files were unreasonable / HELD / lawyer acted competently / fees charged for copying files unreasonable / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
  22. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [PDF, 223 KB]

    Review / Committee found unsatisfactory conduct / relationship property proceedings / lawyer’s client was trust / failure to provide terms of engagement to all trustees / failure to report to all trustees / lawyer seeks review of orders / reverse brief / whether lawyer acting for applicant / whether applicant liable for fees / HELD / complainant was trustee / Office has no jurisdiction on questions of liability for fees / no evidence to support lawyer’s arguments on review / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 40/2018 RS v DL (27 June 2019) [PDF, 173 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer acted without instructions and breached privilege / Evidence Act 2006, section 54 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.4(g) / B v Auckland District Law Society [2004] 1 NZLR 326 (PC) / Complaints Assessment Committee v Medical Practitioners Disciplinary Tribunal [2005] 3 NZLR 447 (CA) / whether privilege has been waived / HELD / applicant waived privilege / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 78/2017 UT v HB (26 June 2019) [PDF, 346 KB]

    Complaint / Committee declined to take further action on complaint / preparation of will / will-maker died before signing new will / complaint lawyer failed to act in a timely manner / did not follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / Gertside v Sheffield, Young & Ellis [1983] NZLR 37 (CA) / Rosenberg Estate v Black (2001) ACWS (3d) (ONCJ) / whether lawyer followed up instructions with client / HELD / lawyer should have followed up with client / breach of rule 3 / breach of rule 7.1 / unsatisfactory conduct / no other conduct issues arise / Committee’s decision modified / section 211(1)(a)