You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.

Helpful search tips:

  • If you are looking for a specific decision with a forward slash in the title (eg, 123/2014), you will need to replace the forward slash with a space (eg, 123 2014), as the website cannot pick up on forward slashes (/) or any other characters.
  • If you are doing a keyword search (eg. misconduct), please note that this search will only produce decisions where the keyword appears in the title or decision description. If you want to search the entire decision document for certain keywords, you will need to use full website search located in the top right hand corner of this page.
  • If you want to search for a decision from a particular jurisdiction using the full website search, put both the jurisdiction name and the keyword in the search field (eg, LCRO misconduct).
Search results

993 items matching your search terms

  1. 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)

  2. 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)

  3. 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) 

  4. 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)

  5. 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)

  6. 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)

  7. 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)

  8. 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)

  9. 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)

  10. 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)

  11. 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)

  12. 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)

  13. 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)

  14. 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)

  15. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [PDF, 182 KB]

    14 November 2018     Review / Committee found unsatisfactory conduct / own motion investigation by Committee / lawyer claimed a lien over former client’s passport / Passports Act 1992, section 33 / Vallant Hooker & Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC)  / Xu v Council of the Law Society of New South Wales [2009] NSWCA 430,  (2009) 236 FLR 480 / SM v TK LCRO 124/2014 (31 January 2018) / HELD / retaining passports is conduct lawyers of good standing would find unacceptable / Committee’s decision confirmed / section 211(1)(a)

  16. LCRO 75/2017, 210/2017 and 212/2017 SW v HB (31 October 2018) [PDF, 425 KB]

    Review / Committee found unsatisfactory conduct against B / both B and O lawyers / employment dispute / complaint B used legal processes for improper purposes / lacked respect and courtesy / misled the court / complaint O communicated directly with B’s client / O used the complaints process for an improper purpose / Employment Court Regulations 2000, regulation 42 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / rule 13.1 / rule 13.2 / rule 13.3 / rule 13.9.3 / proper standards of professionalism / litigation tactics / HELD / B’s litigation tactics do not amount to bullying / no evidence that B’s conduct was inappropriate or that B made threats / no evidence that B used legal processes for improper purposes / B was acting on instructions / Committee’s decision reversed with regards to B’s conduct / Committee’s decision otherwise confirmed / section 211(1)(a)

  17. LCRO 10/2016 CT v WN (31 October 2018) [PDF, 255 KB]

    Complaint / Committee declined to take further action on complaint / ACC dispute / claim struck out / lawyer terminated retainer / complaint lawyer failed to follow instructions / failed to use critical information / Naysmith v Accident Compensation Corporation [2006] 1 NZLR 40 (HC) / EM v Accident Compensation Corporation [2015] NZHC 971, [2015] NZAR 909 / whether client provided lawyer with critical information / HELD / lawyer was acting on  client’s instructions / client did not provide lawyer with critical information / Committee’s decision confirmed / section 211(1)(a)

  18. LCRO 122/2018 ZQ v VX (30 October 2018) [PDF, 274 KB]

    Complaint / Committee declined to take further action on complaints / settlement of a business dispute / complaint lawyer did not protect their client’s interests / failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether agreement fit for purpose / HELD / agreement provided dispute resolution processes / representation competent / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)