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Complaint / Committee declined to take further action on complaint / complaint lawyers made allegations of fraud and dishonesty in pleadings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 13.8 / HELD / pleadings did not allege dishonesty or fraud / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint lawyer withdrew as counsel before trial / whether complainant owed fees / terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 11.3 / non-payment of fees / supervision of employees / HELD / withdrawal of lawyer does not raise any conduct issues / retainer was with firm / firm continued to act / lawyer continued to supervise firm’s employees / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declines to take further action on complaint / complaint lawyer sent a threatening letter / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / use of legal processes for improper purpose / lawyer objected to comments made by the Committee / HELD / letter sent for proper purpose / letter did not contain threat / Committee’s comments modified / Committee’s decision otherwise confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / Family Court proceeding / evidence from psychologist / complaint lawyer did not challenge evidence of psychologist / failed to prepare for hearing / HELD / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property purchase dispute / complaint lawyers negligent / failure to advance Property Law Act 2007 claims / fee complaints / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / more than two years since invoices rendered / whether lawyer should have included document in affidavit / HELD / no evidence to support complaint / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to repay client funds held in trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.6 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / Abbot v Macclesfield LCRO 40/2009 (29 May 2009) / open and transparent billing / reasonable time to render final account / HELD / final accounts not rendered within a reasonable time / fees not fair and reasonable / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / conflict of interests / purchase of property / overpayment of deposit / lawyer acting for vendors / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / CW v XB LCRO 213/2010 (15 June 2011) / whether lawyer should have noticed overpayment / third party duties / HELD / purchasers had their own representation / failure to notice overpayment an honest mistake / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / lawyer ceased acting for clients / complaint lawyer mislead court and increased complainants costs / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / respect and courtesy / discovery obligations / termination of retainer / HELD / limited duties owed to complainants / no evidence lawyer breached duties owed to third party / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / will dispute / complaint lawyer failed to check property status / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 7 / rule 7.1 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / AG v ZT LCRO 159/2010 (18 February 2011) / scope of retainer / duty to act in clients best interests / competence / HELD / lawyer should have checked property title / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer had conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.1 / rule 8.7.1 / independent advice / informed consent / HELD / parties had independent advice / informed consent / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / lawyer claimed lien over passport / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lawyer sought advice from senior practitioner / HELD / passports property of government / no right to assert lien / lawyer acted on advice / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / lawyer threatened to “destroy” witness / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 10 / rule 11.4 / rule 13.2.1 / Medcalf v Weatherill [2002] UKHL 27 / Law Society of Upper Canada v Kay 2006 ONLSHP 58 / respect and courtesy / HELD / comment unprofessional and unsatisfactory, but not threatening or repeated / exercise of LCRO’s discretion / conduct not deserving of an unsatisfactory conduct finding / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / conflict of interests / failure to inform clients / notice of demand / Property Law Act 2007, section 119 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 7 / rule 11 / guarantors of loan / informed consent / HELD / no informed consent / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property sale / fee complaint / estimate / email not seen / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.11 / rule 7 / rule 11 / rule 11.3 / working day / lawyer passed away / HELD / issues of liability and compensation for the courts / firm should have ceased acting / lawyer unable to answer complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / employment dispute / complainants hired employment advocate / consultant used lawyers’ offices / complaint lawyers misled complainants / Fair Trading Act 1986, section 9 / section 11 / section 43 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.1 / Red Eagle Corporation Ltd v Ellis [2010] NZSC 20, [2010] NZLR 492 / misleading and deceptive conduct / jurisdiction of Office / HELD / Office does not have jurisdiction to hear Fair Trading Act claims / risk of misleading public / Committee’s decision confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / complaint lawyer had conflict of interest / competence / protection of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / lawyer not acting for complainants / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / will dispute / complaint lawyers did not advise options / HELD / no evidence to support complaint / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / criminal trial / confidential report / victim impact statement / report shown to witness / Victim’s Rights Act 2002, section 23 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / obligation to provide information to client / HELD / information not provided to client / report property of court / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / failure to protect clients confidential information / conduct of employees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 11 / administration of practice / HELD / lack of evidence to support allegations / no evidence practices were below standard / risks appropriately managed / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / dispute with body corporate / unpaid levies / lawyer acted for body corporate / conflict of interest / authority to act / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Black v ASB Ltd [2012] NZCA 384 / jurisdiction / third party duties / HELD / complaints heard before another tribunal / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / client signed irrevocable instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / rule 5.4 / rule 6 / rule 10 / duty of independence / conflict of interest / partnership duties / HELD / lawyers had other appropriate methods to secure fees / partners entitled to accept information from other partners as correct / Committee’s decision modified / section 211(1)(a)
Date of decision: 31 May 2018
Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to keep client informed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / competence / terms of engagement / enduring power of attorney / cash-out clause / HELD / fees fair and reasonable / client kept informed / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / failure to use up-to-date statute / advice incompetent / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.3 / rule 9 / withdrawing from retainer / HELD / fees reasonable / client given reasonable time to terminate retainer / advice competent / failure to use up-to-date statute unsatisfactory / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / complaint about administration of estate / fees not fair or reasonable / failure to respond to emails / Lawyers and Conveyancers Act 2006, section 201(5) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / BI v CW LCRO 23/2012 (2 September 2012) / HELD / settlement agreement made / Committee’s decision reversed / section 211(1)(a)