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977 items matching your search terms

  1. LCRO 20/2017 AP v RE (20 December 2018) [PDF, 243 KB]

    Complaint / Committee declined to take further action on complaints / child support proceedings / complaint lawyer failed to follow instructions / failed to give competent advice / fee complaint / Lawyers and Conveyancers Act 2006, section 161 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 13.3 / Henderson Reeves Connell Rishworth Lawyers Ltd v Busch [2013] NZHC 3089 / Norris Ward McKinnon v Kaye  [2016] NZHC 3089 / Simpson Grierson v Gilmour (2009) 16 PRNZ 865 (HC) / whether Disputes Tribunal claim to recover fees prevents Office considering a fee complaint / duties in litigation / HELD / Committee should have process for dealing with fee complaints lodged in other jurisdictions / lawyer acted reasonably and protected client’s interests / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

  2. LCRO 91/2017 DV v LS and HS (19 December 2018) [PDF, 415 KB]

    Review / Committee found unsatisfactory conduct / leaky building litigation / failure to discontinue District Court proceedings / failed to competently supervise and manage junior lawyers / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.3 / Watson v Watson (1990) 4 PRNZ 397 (HC) / SK and RM v GJ LCRO 36/2015 (14 December 2016) / HELD / lawyer was partner responsible for proceedings / duty to supervise and manage junior employees / failed to serve proceedings promptly / breach of rule 13.3 / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)

  3. LCRO 171/2018 QZ v UJ (19 December 2018) [PDF, 169 KB]

    Review / Committee found unsatisfactory conduct / settlement negotiation / complaint lawyer threatened media exposure of applicant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / whether threat made for an improper purpose / whether respondent threatened to use complaints process for improper purpose / SC v JT LCRO 382/2013 (30 June 2017) / HELD / threats made for an improper purpose / breach of rules 2.7 and 2.10 / Committee’s decision modified / section 211(1)(a)

  4. LCRO 36/2018 AA v SM (19 December 2018) [PDF, 250 KB]

    Review / Committee found unsatisfactory conduct / estate dispute / complaint lawyer had not drafted the will properly / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 5 / rule 6  / rule 7.1 / rule 11.3 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / Woods v Legal Complaints Review Officer [2013] NZHC 674, [2013] NZAR 577 / Carr-Glynn v Frearsons [1999] Ch 326 (CA) / AG v ZT LCRO 159/2010 (18 February 2011) / ZK v XM LCRO 201/2017 (29 June 0218) / whether lawyer had explained effect of joint tenancy to client / whether lawyer acted for estate and beneficiary / HELD / lawyer had a duty to check the property’s title / unsatisfactory conduct / conflict of interest / Committee’s decision modified / section 211(1)(a)

  5. LCRO 220/2016 UT v LE (18 December 2018) [PDF, 290 KB]

    Review / Committee found unsatisfactory conduct / formation of trust / failed to supervise legal executive / legal executive witnessed signatures on unprepared forms / complaint lawyer’s advice incompetent / Property (Relationships) Act 1976, section 18/ Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5  / rule 6 / rule 7.1 / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / provision of client care information / scope of retainer / HELD / lawyer failed to properly advise client / failed to provide client information  / did ensure client understood retainer / Committee’s decision modified / section 211(1)(a)

  6. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [PDF, 286 KB]

    Review / Committee found unsatisfactory conduct / applicant facing IRD charges / lawyers with necessary experience left the firm / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / Chean v Kensington Swan HC Auckland CIV-2006-404-1047, 7 June 2006 / whether respondents were responsible for setting fee / whether Committee identified the correct parties for the complaint / HELD / respondents not responsible for setting fees / Committee failed to identify correct parties / Committee’s decision reversed / section 211(1)(a)

  7. LCRO 198/2016 EN v LS (18 December 2018) [PDF, 168 KB]

    Complaint / Committee declined to take further action on complaint / sale of relationship property dispute / lawyer had previously acted for applicant and applicant’s partner / complaint lawyer had a conflict of interest / allegation lawyer had colluded to obtain a lower price for relationship property / P v H LCRO 2/2009 (20 March 2009) / lawyer acting against former clients / HELD / lawyer had applicant’s consent to act / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

  8. LCRO 196/2013 XM v WG [PDF, 481 KB]

    Complaint / Committee declined to take further action on complaints / dispute over estate / respondent acted for executor / applicant estate beneficiary / complaint respondent misled applicant / complaint respondent gained commission on estate sale / Re: Stewart [2003] 1 NZLR 809 (HC) / Irvine v Public Trustee [1989] 1 NZLR 67 (CA) / obligations of respondent to applicant /  HELD / duties owed to executor / no evidence before committee about commission / Committee directed to reconsider commission complaint / section 209(1)(a) / Committee’s decision otherwise confirmed / section 211(1)(a) 

  9. LCRO 124/2017 RG v XP (4 December 2018) [PDF, 250 KB]

    Review / Committee found unsatisfactory conduct / relationship property dispute / interim injunction to freeze property / memorandum filed by applicant contained errors / complaint applicant misled court / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 13 / rule 13.1 / HELD / no evidence that court was misled  / errors were minor / conduct does not warrant further action / Committee’s decision reversed / section 211(1)(a)

  10. LCRO 52/2017 BL v JC (30 November 2018) [PDF, 332 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / complaint lawyer failed to advise about electricity easements / did not supply terms of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 3 / rule 7 / rule 7.1 / rule 9 / rule 9.1 / whether lawyer billed applicant twice for same work / whether invoices should be treated separately / HELD / lawyer failed to advise clients about easements / invoices should be considered together / fees not fair and reasonable / breach of rule 3 / breach of rule 7.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)

  11. LCRO 240/2016 HM v NL (28 November 2018) [PDF, 255 KB]

    Complaint / Committee declined to take further action on complaint / property purchase / property sharing agreement / complaint lawyer was acting for both parties to agreement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 6 / rule 6.1 / Pegrum v Fatharly (1996) 14 WAR 92 (SC) / conflict of interest / whether lawyer acting for both parties / HELD / lawyer acted for both parties / conflict of interest / lawyer did not provide applicant terms of engagement / breach of rule 3.4 / breach of rule 6.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)

  12. LCRO 142/2016 TR v YV (28 November 2018) [PDF, 181 KB]

    Complaint / Committee declined to take further action on complaint / estate dispute / both applicant and respondent lawyers / complaint respondent did not act competently / did not inform client of legal aid availability / did not obtain client’s instructions / attacked reputation / lacked respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 9.2 / rule 10 / HELD / client has not complained about lawyer’s conduct / lawyer was acting on  client’s instructions / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)

  13. LCRO 137/2018 A1 v B2 (26 November 2018) [PDF, 158 KB]

    Complaint / Committee declined to take further action on complaints / care of children / applicant not client of lawyer / complaint that lawyer had conflict of interest / threatened applicant / acted inconsistently with instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 12 / respect and courtesy / HELD / lawyer did not issue a threat / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)

  14. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [PDF, 333 KB]

    Complaint / Committee declined to take further action on complaints / care of children / relocation of child / psychologist’s report / termination of retainer / complaint lawyers gave poor advice / did not advise on prospect of success / failed to supervise junior lawyer / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4 / rule 4.1 / rule 11.3 / D v S [2002] NZFLR 116 (FC) / duty to accept instructions / HELD / lawyers acting on instructions / lawyers obliged to inform court that retainer had been terminated / supervision of employees adequate / Committee’s decision confirmed / section 211(1)(a)

  15. LCRO 139/2018 KB v LD (21 November 2018) [PDF, 101 KB]

    Complaint / Committee declined to take further action on complaint / criminal charges / transfer of legal aid / lawyer needed authority from client needed to uplift files / complaint lawyer terminated retainer without good cause / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.1 / HELD / complaints process used inappropriately / lawyer terminated retainer for good cause / Committee’s decision confirmed / section 211(1)(a)

  16. LCRO 178/2015 EN v FO (19 November 2018) [PDF, 140 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / sale of business / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / whether fees exceeded quote / HELD / each fee relates to a separate matter / fees do not exceed $2,000 / Office does not have jurisdiction to consider complaints about fees below $2,000 / Committee’s decision modified / section 211(1)(a)

  17. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [PDF, 466 KB]

    Review / Committee found unsatisfactory conduct / preparation of loan and security documents / failure to advise whether loans were commercial or consumer loans / failed to supervise legal executive / legal executive witnessed signatures on unprepared forms / Credit Contracts and Consumer Finance Act 2003 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 3 / rule 3.1 / rule 7.1 / rule 11.3 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / conduct prior to 1 August 2008 / HELD / lawyers had a responsibility to explain the differences between consumer and commercial loans to respondent / legal executive sought advice from the lawyers / conduct finding against legal executive reversed / lawyers failed to supervise legal executive properly / Committee’s decision modified / section 211(1)(a)

  18. LCRO 086/2017 AC v BD (15 November 2018) [PDF, 206 KB]

    Review / Committee found unsatisfactory conduct / property purchase / complaint lawyer did not provide GST advice / Goods and Services Tax Act 1985, section 21A / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 3 / whether GST advice was part of retainer / HELD / GST adjustment rules not well known at the time / reasonable to expect lawyer to suggest client seek accountancy advice / content of memorandum was not professional / Committee’s decision confirmed / section 211(1)(a)

  19. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [PDF, 187 KB]

    Review / Committee found unsatisfactory conduct / respondent prepared asset division agreement / respondent inserted additional terms into agreement / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / rule 8.7.1 / conflict of interest / lawyer acting against former clients / HELD / lawyer had voluntarily refunded fees and apologised / no other penalty orders are appropriate / Committee’s decision confirmed / section 211(1)(a)