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1392 items matching your search terms

  1. LCRO 1/2021 NB v GP (31 May 2022) [PDF, 224 KB]

    Review / Committee declined to take further action / litigation / complaint lawyer represented complainant in dispute against ACC and failed to correctly calculate the time frame for filing the complainant’s application for leave to appeal / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(c) / HELD / a lawyer’s failure to identify the correct time frame for filing an appeal represents a significant failing / serious breach of a lawyer’s obligation to act competently / emphasis on the importance for lawyers of ensuring compliance with statutory timeframes when representing clients in litigation is necessary / lawyer ordered to pay costs in the sum of $1,200 to the Law Society / Committee’s order reversed / section 211(1)(a)
  2. LCRO 158/2020 SA v KC (27 May 2022) [PDF, 199 KB]

    Complaint / Committee declined to take further action / family trust / complainant and his siblings were involved in a dispute regarding the family trust / lawyer had a meeting with complainant’s father to discuss the existing family dispute / lawyer provided a report to the family on a way forward for the family / it was agreed by the parties involved that the lawyer’s invoice will be paid out of the estate / complainant argued that the report was biased and the fees should not be charged from the estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / HELD / parties were free to accept or reject the proposals made in the report / parties agreed to pay the invoice as part of the Deed / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 157/2020 SA v RB (27 May 2022) [PDF, 146 KB]

    Complaint / Committee declined to take further action / family trust / complaint lawyer had met with the complainant’s siblings to discuss property matters / complainant’s brother paid the lawyer’s invoice / lawyer addressed his invoice to the complainant without his knowledge / LCRO 31/2009 (30 April 2009) / HELD / not a matter that should attract a disciplinary response as no harm was done / liability for payment was addressed by the Deed in which the parties agreed the complainant’s brother should be reimbursed / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 173/2021 KC v TG (6 May 2022) [PDF, 237 KB]

    Complaint / Committee found unsatisfactory conduct / employment dispute / complaint opposing lawyer had acted for the complainant regarding an employment dispute / complainant had concerns about the legal fees he incurred / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 9.4 / Lawyers and Conveyancers Act 2006, section 3(1)(b) / section 215 / HELD / complaint opposing lawyer should have given an indication of unbilled time / complainant should have been informed that the retainer had expanded beyond initial contemplation / complainant deprived of proper opportunity to consider his options / fee charged was not fair / Committee’s decision confirmed / lawyer ordered to pay costs in the sum of $1,200 / section 211(1)(a)  
  5. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [PDF, 330 KB]

    Review / two findings of unsatisfactory conduct / both parties provided submissions as to the appropriate orders to be made / Lawyers and Conveyancers Act 2006, section 12(a) / section 14(a) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / complaints process is no substitute for a clam in negligence to be pursued through the courts / proper forum for large compensation claim is the courts / legal executive ordered to pay the sum of $2,000 to the complainant / invoice fee to be reduced by $400 plus GST / fee cancelled for the amendment to the agreement / $1,000 fine / legal executive ordered to pay Law Society the sum of $1,600 as contribution towards costs / Committee’s decision otherwise confirmed / section 211(1)(a)
  6. LCRO 167/2021 MP v IC (28 April 2022) [PDF, 202 KB]

    Complaint / Committee decided to take no further action / litigation / complaint opposing lawyer took steps to recover outstanding funds from the complainant / complainant argued that lawyer had no entitlement to fees claimed as he had been conflicted when undertaking work for her / complainant contended that the lawyer should have withdrawn as her counsel when circumstances required him to do so / lawyer argued that his withdrawal from the proceedings was discussed with the complainant and was supported by her / complainant was advised by new solicitor to pay the opposing lawyer’s fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / HELD / complainant failed to provide necessary evidence to establish that the lawyer had breached his duties or obligations owed to her or the Court / complainant consistently represented to the lawyer that she would settle his fees on receipt of settlement funds from the proceedings / lawyers are entitled to be paid…
  7. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [PDF, 266 KB]

    Review / Committee made orders against lawyer / trust matter / complaint opposing lawyer made direct contact with a represented client / the lawyer’s statement of claim was a possible breach of proper purpose / complaint opposing lawyer acted incompetently and dishonestly / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / Lawyers and Conveyancers Act 2006, section 12(b) / HELD / breach of rule 10.2 had minimal consequence / complainant was not prejudiced or compromised by breach of rule 10.2 / drafting the statement of claim is using the law and a legal process / a lawyer cannot be properly criticised for robustly advancing their client’s position / lawyer’s conduct was unsatisfactory by reference to section 12(b) / Committee’s determination in regards to the fine was modified / Committee’s decision otherwise confirmed / section 211(1)(a)
  9. LCRO 204/2021 UX v AK (28 April 2022) [PDF, 162 KB]

    Complaint / Committee decided to take no further action in relation to the complaint / complaint opposing lawyer instructed her husband to take a photograph of complainant’s property / also, misled the complainant’s lawyer by failing to advise that she sent her husband to take the photo / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / HELD / complaint was considered by the police who elected to take no action on it / lawyer admits she made an error of judgement / lawyer ordered to pay $750 costs to the New Zealand Law Society to mark her deviation from best practice / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 36/2021 ED v MR and FR (14 April 2022) [PDF, 242 KB]

    Complaint / Committee declined to take further action / complainant’s sister instructed lawyer to prepare enduring Powers of Attorney for her unwell mother / complainant’s sister was appointed her mother’s attorney / complaint lawyer’s action were negligent, careless and incompetent / fee charged was unreasonable / delays in administering the estate / conflict of interest regarding property sale / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 5 / Lawyers and Conveyancers Act 2006, section 3(1)(b) / section 4(b) / Sandman v McKay [2019] NZSC 41 / HELD / medical consultants did not consider the mother was in a fit state to be signing any legal documentation / lawyer is no longer in practice / nothing would be achieved by making an adverse finding against the lawyer now / the fee charged was reasonable / no substance to the allegation of a conflict of interests / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [PDF, 185 KB]

    Complaint / Committee declined to take further action / litigation / complaint regarding fees charged not being fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / time records provided accurate account of the work completed on the file / nature of the work undertaken justifies the deployment of a number of lawyers to work on the file / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [PDF, 354 KB]

    Complaint / Committee declined to take further action / property matter / complaint opposing lawyer did not follow instructions to cancel the agreement / complainant argued that the lawyers mismanaged the transaction after settlement and did not respond in a timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / HELD / one of the opposing lawyer’s breached rules 3 and 3.2 / breaches do not require the imposition of a disciplinary mark / none of the shortcomings engage the honesty or integrity of any of the parties / complainants unable to establish that their version of the critical events was probable / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 194/2020 WQ and QZ v [Company A] (29 March 2022) [PDF, 293 KB]

    Review / Committee found unsatisfactory conduct / farm property / complaint regarding firm’s fee for acting on the purchase / fee included a percentage uplift based on the purchase price / letter of engagement did not mention potential percentage uplift / Lawyers and Conveyancers Act 2006, section 132(2) / section 156(1)(e) / section 156(1)(g) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.4(a) / rule 9 / rule 9.1 / HELD / lawyers believed the percentage charge was an appropriate approach of taking into account the fee factors to arrive at a fair and reasonable fee / lawyers did not intend to mislead / LCRO directed that another Committee reconsider and determine whether the lawyers’ fee was more than a fee that is fair and reasonable for the services provided / Committee’s finding of unsatisfactory conduct was reversed / Committee’s orders to reduce lawyers’ fee was reversed / section 211(1)(a)
  14. LCRO 77/2021 GS and VU v CN and SW (23 March 2022) [PDF, 149 KB]

    Review / Committee found unsatisfactory conduct / relationship property / Court granted a temporary Order for one of the complainant’s to act as a manager of property belonging to the complainant’s mother due to her health issues / complainants lodged their complaint about the lawyer’s excessive fees / considerable amount of the fees rendered resulted from the calls made to the firm by the complainant’s mother / Lawyers and Conveyancers Act 2006, section 132 / section 192 / Protection of Personal and Property Rights Act 1988, schedule 1 / section 30 / HELD / the Order was temporary / payment of the bills were to be made from the complainant’s mother’s funds / complainant not chargeable with payment of lawyer’s fees / parties resolved matters between themselves / Committee’s finding’s of unsatisfactory conduct reversed / section 211(1)(a)
  15. LCRO 177/2021 FA v LL (14 March 2022) [PDF, 238 KB]

    Review / Committee found unsatisfactory conduct / family law litigation / complaint opposing lawyer wrote to complainant’s employer to cause unnecessary embarrassment, distress or inconvenience / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 8.7.1 / rule 10.1 / HELD / rule 2.3 recognises power imbalance between lawyer and non-lawyer / use of legal skills for anything other than proper purpose is an abuse of lawyer’s knowledge / conflict of interest complaint not addressed by Committee / $3,000 compensation is adequate / Committee directed to reconsider breach of r 8.7.1 / section 209 / Committee’s decision modified to increase fine to $3,000 due to seriousness of conduct / Committee’s decision otherwise confirmed / section 211(1)(a)
  16. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [PDF, 274 KB]

    Review / Committee declined to take further action / relationship property and estate matter / complaint opposing lawyers did not comply with the relevant rules when paying the legacies and charged unreasonable fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / Lawyers and Conveyancers Act 2006, section 351 /section 192(b) / Solicitors Trust Account Rules 1996, rule 5.8 / Trust Account Regulations 2008, regulation 12 / HELD / resolution proposed by the LCRO / no adverse finding against the lawyers / lawyers to make relevant payments to the applicants if proposal is accepted / application for review struck out / section 205(1)(a)
  17. LCRO 136/2021 YL v OB (28 February 2022) [PDF, 249 KB]

    Complaint / Committee declined to take further action / relationship property matter / complaint lawyer delayed filing legal aid and did not advise when it was approved, failed to respond to requests for information, was unresponsive, acted without instructions and was inappropriate and unprofessional during a telephone conversation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.1 / rule 10 / HELD / lawyer understood legal aid would advise complainant of whether grant was approved, no disciplinary response necessary / oversights in responding were relatively minor, frequently communicated / concerns about general demeanour during telephone call not proven / lawyer failed to appreciate questioning about abusive emails of a sexual nature caused discomfort / extent of questioning unnecessary / should have been discussed in-person / no evidence that distress from conversation affected settlement / disciplinary response not merited / lawyer off…
  18. LCRO 227/2020 & LCRO 34/2021 PA v NL and UL (22 February 2022) [PDF, 209 KB]

    Complaint / Committee declined to take further action / relationship property dispute / complaint lawyers acted in a misleading manner, gave false information and breached professional obligations / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5.1 / rule 13.5.3 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 9 / HELD / Complaints Service did not forward a copy of complaints to lawyers as complaint followed Early Resolution Service process / parties agreed not to send complaint back for reconsideration / evidence does not support lawyer misleading LCRO / court controlling proceedings rejected argument that lawyer was in conflict, which answers r 13.5 complaint / using legitimate court process is not underhanded / LINZ satisfied lawyer entitled to use LandOnline licence / other concerns appropriately addressed in other forums / Committee’s decision confirmed / section 211(1)(a) 
  19. LCRO 6/2022 ZED Limited v RK (21 February 2022) [PDF, 194 KB]

    Complaint / Committee declined to take further action / judicial review and associated proceedings / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.2 / HELD / hourly rate fairly and reasonably reflects seniority, experience and competence / time spent consistent with nature of work / that litigation was unsuccessful was not a result of lawyer’s actions / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 189/2021 KP v MM (10 February 2022) [PDF, 175 KB]

    Complaint / Committee declined to take further action / litigation / complaint opposing lawyer communicated directly with represented client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.2 / HELD / lawyer wrote directly to complainant about matters they were both represented and unrepresented in / one paragraph directed to represented matter / did not undermine principle behind r 10.2 / Committee considered this a technical breach of r 10.2 / breach does not require disciplinary response, complaint serves as a reminder of scrupulous adherence to rules / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 4/2021 RQ v WJ (9 February 2022) [PDF, 161 KB]

    Complaint / Committee declined to take further action / complaint against Standards Committee member / complaint Committee member did not forward relevant evidence to the complainant in breach of natural justice / Deliu v Lawyers Complaints Service of the New Zealand Law Society [2012] NZHC 2582 / HELD / all complaints about a lawyer must be put to a Standards Committee / however, complaints about Complaints Service and Standards Committee members can be put to the Board of the New Zealand Law Society as well / Board may independently consider complaint / Board declined to take further action / Standards Committee member not providing regulated services / test for misconduct outside of regulated services not met / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 111/2021 New Zealand Law Society v AP (10 January 2022) [PDF, 349 KB]

    Review / Committee found unsatisfactory conduct / own-motion investigation following confidential report that on two occasions, lawyer inappropriately touched employees without consent / NZLS applied to review culpability determination / whether conduct should have been referred to LCDT / whether LCRO should lay charges / HELD / conduct occurred after work-related social event / constitutes conduct connected with regulated services / culpability inquiry should not generally consider external factors such as lawyer’s personal circumstances or matters unconnected with alleged breach / Committee incorrectly allowed unrelated mitigation issues to affect assessment of culpability / these factors more appropriately considered in penalty / Committee’s examination of whether force was used in incidents is incomplete / use of force requires careful and critical assessment / Committee directed to reconsider culpability for conduct without considering unrelated mitigation issues / section 209
  23. LCRO 35/2021 ZN v YM and XL (16 December 2021) [PDF, 237 KB]

    Complaint / Committee declined to take further action / employment proceedings / complaint lawyer A used position on board of complainant’s client to malign complainant, leading to complainant losing retainer, and advised client on area lawyer A had no experience in / complaint lawyer B implied pursuing complaint would place complainant at risk of disciplinary action, failed to inform client they may have a claim against lawyer A, and should have ceased acting until independent advice obtained / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / rule 5.11 / HELD / evidence did not establish lawyer A maligned reputation, acted improperly to entice client, or acted discourteously to complainant / unlikely lawyer A could be held out as providing regulated services / inadequate basis to claim failure to inform client of possibility of claim against lawyer / no threat made / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 143/2020 TJ v YY (16 December 2021) [PDF, 230 KB]

    Review / Committee found unsatisfactory conduct / estates and relationship property / complaint lawyer incorrectly advised about a settlement offer and advice was disclosed without consent to other side / lawyer sought to reverse remaining orders of $3,000 fine and requirement for further training / HELD / conduct unsatisfactory / no basis to interfere with order to pay client’s costs / fine appropriate as conduct fell short of competence public is entitled to expect of a reasonably competent lawyer / further training unnecessary / problems with conduct not directly related to estate administration issues / lengthy career / LCRO confident complaints process gave lawyer pause to reflect on issues / Committee had not yet decided on name publication / Committee to be informed of review / parties can seek review of publication decision without filing formal review application or paying filing fee / Committee’s decision on training reversed / Committee’s decision otherwise confirmed / secti…
  25. LCRO 149/2020 WM v VE and DP (14 December 2021) [PDF, 361 KB]

    Complaint / Committee declined to take further action / shareholder dispute / complaint firm acted for more than one client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.7 / HELD / firm acted for company but also for four director-shareholders, despite lack of formal engagement of the firm by them / however little if any risk of lawyers being unable to discharge obligations to company and four director-shareholders / company controlled by those four, and reasonable to expect information provided to both / lawyers did not obtain informed consent from company and four director-shareholders to continue acting for both / breach of r 6.1.1 / no professional issues arising from lawyers’ interactions with complainant / LCRO not convinced that information about complainant and their family interests held or known by firm could, if disclosed, have been used against complainant and their family interests adversely in context of restructuring prop…