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1371 items matching your search terms

  1. LCRO 173/2020 AZ v BX and CX (1 November 2021) [PDF, 178 KB]

    Review / Committee found unsatisfactory conduct / sale of mortgage / complaint lawyer’s actions resulted in mortgage securing advances to trust being extinguished / HELD / lawyer’s firm providing administrative services to trust did not convert to professional duty of loyalty to trust / lawyer had no duty to advise trustees of proposed sale of mortgage by firm’s nominee company / lawyer not acting in their own interests when acting for nominee company on sale / unwarranted burden on lawyers if they are required to consider what conduct another party to a transaction could engage in due to the transaction, and to advise other clients of the firm if such potential conduct could adversely affect their interests / Committee’s decision reversed / section 211(1)(a)
  2. LCRO 58/2021 EW v YL (29 October 2021) [PDF, 187 KB]

    Review / Committee found unsatisfactory conduct / residential property transfer / complaint lawyer acted for both parties in transaction, that complainant was unwell, that complainant had not signed transfer documents, that lawyer did not advise complainant of potential steps following discovery of forged signature, and that complainant incurred significant loss attempting to rectify matters / complainant unsatisfied with Standards Committee compensation order / Lawyers and Conveyancers Act 2006, section 156(1)(d) / HELD / despite lawyer’s actions and omissions, it cannot be established that complainant would not have proceeded with the transaction had those actions or omissions not taken place / inadequate evidence on complainant’s lack of capacity / appropriate to award compensation for impact of the transaction / Committee’s decision modified to impose $3,000 fine in addition to fine imposed by Standards Committee / Committee’s decision otherwise confirmed / section 211(1)(a)
  3. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [PDF, 217 KB]

    Complaint / Committee declined to take further action / insurance / complaint lawyer and firm provided advice to complainant without instructions following initial meeting / lawyer passed away, Committee amended complaint to exclude lawyer and focused on firm instead / Lawyers and Conveyancers Act 2006, section 121(1) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / lawyer operated on the understanding that they had received instructions to provide advice to complainant / lawyer’s position supported by evidence of other lawyers from firm / absence of specific reference to complainant providing instructions in file note not evidence that no instructions were provided / complainant had not established on the balance of probabilities that either lawyer or the firm had breached its obligations and duties to them / possibility of genuine misunderstanding between complainant and lawyer / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 131/2020 JG v ZN (27 October 2021) [PDF, 160 KB]

    Complaint / Committee declined to take further action / enduring powers of attorney (EPOA) / complaint lawyer witnessed person’s signature on EPOA and provided certificates without ascertaining whether person had appropriate mental capacity to understand the EPOA / Protection of Property and Personal Rights Act 1988, section 93B / Sandman v McKay [2019] 1 NZLR 519 (SC) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 2.6 / HELD / presumption under PPPRA means lawyer did not need to seek medical assessment of person prior to signing of the EPOA / no evidence supporting a view that lawyer’s certificates were not a true record of advice provided to person / no direct evidence that person’s statements were enough to put lawyer on notice that person lacked capacity to understand the effects and implication of the EPOA / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 172/2020 CA v PL (14 October 2021) [PDF, 174 KB]

    Complaint / Committee declined to take further action / property sale and purchase / complaint about lawyer’s lack of communication, “misinformation”, and fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no evidence lawyer did not understand rules for property transactions during COVID-19 lockdown / client was abusive and difficult to act for, lawyer kept communication to a minimum and was to be commended for continuing to act / lawyer’s fees “more than” reasonable / not unreasonable for lawyer to secure fees prior to carrying out work necessary to complete settlement / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [PDF, 233 KB]

    Complaint / Committee found unsatisfactory conduct / property transaction / complaint lawyer continued to be involved in client’s family’s affairs, decision should be published, client should be compensated, and lawyer should be prohibited from involvement in matters / review application by lawyer challenging penalties and in response to complainant’s application / Lawyers and Conveyancers Act 2006, section 156(1)(i) / Wislang v Medical Council of New Zealand [2002] NZCA 39 / Daniels v Complaints Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850 / Workington v Sheffield LCRO 55/2009 (26 August 2009) / J v NZ Psychologist Board HC Wellington AP 34/01 (11 July 2001) / HELD / LCRO cannot stop lawyer representing client or being involved with trusts / no evidence requiring further compensation / Committee fine modest for conduct breaches, but no reasons to interfere / anonymised publication serves public interest / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 36/2020 SW v LN (4 October 2021) [PDF, 172 KB]

    Complaint / Committee declined to take further action / family law proceedings / complaint lawyer engaged in various forms of criminal conduct, failed to follow instructions, and other allegations / HELD / lawyer advised client and followed instructions / client considers lawyer to be part of conspiracy to conceal perjury by other party to proceedings / lawyer had good cause to terminate retainer due to client’s criticisms and allegations, indicating client had lost confidence and trust in lawyer / lawyer’s advice on proceedings was sound and conventional when contrasted with approach client insisted on / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [PDF, 252 KB]

    Complaint / Committee declined to take further action / estate administration / complaint lawyers, as executors of the estate, failed to promptly invest proceeds from sale of property at appropriate interest rate, lawyers’ fees were excessive, lawyers failed to communicate with trustees over placement of sale funds and sale of property, and lawyers contributed to delay in settling sale of property / Lawyers and Conveyancers Act 2006, section 132 / section 111(1) / section 114 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / lawyers’ decision not to invest sale proceeds in higher-interest account reasonably made and within their discretion / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 107/2021 NG v WF and OE (29 September 2021) [PDF, 176 KB]

    Complaint / Committee declined to take further action / estate administration / complaint lawyer failed to forward settlement proposal to executors / HELD / matter had been dealt with through Early Resolution Process / sufficient indication from complaint that Committee needed to seek response from lawyers / lawyer overlooking email with settlement offer and sending response eight weeks after receipt not enough to warrant disciplinary action in the circumstances / no evidence delay caused prejudice or loss / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [PDF, 185 KB]

    Review / Committee declined to take further action / conveyancing transaction / complaint lawyer failed to advise vendor that Body Corporate was required to certify disclosure statement and provided poor service / Unit Titles Act 2010 / Lawyer and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / New Zealand Law Society Property Law Section Guidelines / HELD / Committee took no further action on the basis lawyers had discounted fees, but inquiry must consider whether disciplinary response required / financial loss appropriately addressed in other forums / reasonable to expect lawyer would carefully explain disclosure regime / failure to provide appropriate advice constitutes unsatisfactory conduct in terms of s 12(a) and breach of rule 3 / $2,000 fine ordered / Committee’s decision modified to reflect findings, otherwise confirmed / section 211(1)(a)
  11. LCRO 43/2020 SL v DN (29 September 2021) [PDF, 231 KB]

    Review / Committee found unsatisfactory conduct / property dispute / complaint lawyer acted for two clients in conflict of interest / also, did not respond in timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / rule 6.1.3 / HELD / lawyer did not obtain prior informed consent / lawyer continued acting for one client while advising the other they needed independent legal advice / did not formally consent to lawyer continuing to act for other client / no disciplinary finding required / lawyer did not act for complainant / lawyer required complainant to seek independent legal advice / lawyer did not advance one party’s position against the other’s interests / complainant’s new lawyer had not complained about lawyer’s delay / Committee breached natural justice principles by denying lawyer opportunity to make submissions prior to determination / Committee’s decision reversed / section 211(1)(a)
  12. LCRO 215/2020 YY v RN (27 September 2021) [PDF, 207 KB]

    Complaint / Committee declined to take further action / residential property sale and purchase / complaint lawyer failed to ensure assignment of earthquake claim from vendor to purchaser completed / HELD / Complaints Service did not correctly identify subject of complaint / Standards Committee should have considered the role of other lawyer initially contacted by complainant / insufficient evidence to establish either respondent or other lawyer breached duties to complainant / time between subject matter of complaint arising and date of complaint makes it difficult to investigate complaint / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 91/2019 CL v BK and AM (31 August 2021) [PDF, 328 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyers failed to competently advise on risks and issues related to the transaction, and that one lawyer failed to supervise the other during the retainer / Property Transactions and E-dealing Practice Guidelines (July 2012) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11.3 / HELD / sale and purchase agreement signed before retainer commenced / evidence does not demonstrate lawyers did not act competently regarding risks / lawyer alleged to require supervision was an associate with the firm / degree of supervision required lessens as lawyer gains experience and the confidence of partners / no breach of rule 11.3 / negligence claim must be pursued in civil court / Committee’s decision reversed as to unsatisfactory conduct finding for breach of rules 3 and 11.3 and consequential orders / Committee’s decision otherwise confirmed / section 211(1)(a)
  14. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [PDF, 143 KB]

    Review / Committee found unsatisfactory conduct / trust account / own-motion complaint lawyer permitted another lawyer to use their trust account to facilitate transactions, receiving referral fee payment / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.9 / HELD / review of penalty / Committee ordered $5,000 fine / no set formula to calculate appropriate fine / receiving collateral reward a serious matter / lawyer should only profit from reasonable fee, not from collateral matters / lawyer motivated by genuine desire to assist young colleague / fine reduced to $2,000 / Committee’s decision modified / section 211(1)(a) and (b)
  15. LCRO 189/2020 ZK v XM (30 August 2021) [PDF, 168 KB]

    Complaint / Committee declined to take further action / criminal proceedings / complaint lawyer did not follow instructions to claim legal aid and did not competently represent client at trial / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4A / rule 9.5 / HELD / retainer initiated on basis client privately instructed lawyer / at first meeting, lawyer provided partially completed legal aid application form / client returned form via email but lawyer overlooked email and lost track of legal aid discussions / both parties had some responsibility to follow up / client paid invoices without objection / allegation by client that lawyer said legal aid was declined only supported by inconsistent account / no other supporting evidence / in context, error not sufficient to necessitate disciplinary finding / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 42/2021 JKL Limited v HC and GD (30 August 2021) [PDF, 277 KB]

    Complaint / Committee declined to take further action / commercial transaction / complaint lawyer had close relationship with other party to transaction and disclosed confidential information in attempting to establish a business relationship / also, improperly served a statutory demand for lawyers’ fees / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 5 / rule 8 / HELD / hearsay evidence submitted to support conflict of interest and disclosure of confidential information complaints / hearsay insufficient to substantiate complaint / complainant’s concern law firm victimised lawyer unsubstantiated and speculative, not a basis to avoid contractual fees / statutory demand issued for proper purpose and complainant accepted, then defaulted on debt and payment plan / no evidence fee complaint demonstrates lawyers duplicated invoiced work / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 27/2021 BK v RQ (27 August 2021) [PDF, 223 KB]

    Complaint / Committee declined to take further action / estate matter / complaint lawyer did not maintain proper standards of professionalism, did not act competently or in a timely manner, and did not respond to requests for information in a timely manner / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / complaint by estate beneficiary / a lawyer instructed by an executor owes the executor client-duties / executor is responsible to court and beneficiaries for proper implementation of will / lawyer’s obligations more limited than executors / executor sought indemnity prior to distribution and lawyer was obliged to follow instructions / matter progressed in a timely manner / fee fair and reasonable / no evidence of instructions to delegate work to legal executive to lower fees / section 211(1)(a)
  18. LCRO 15/2021 JBC Limited v KD (24 August 2021) [PDF, 209 KB]

    Review / Committee declined to take further action / subdivision consent and easement / complaint lawyer not competent in advising complainant to take judicial review proceedings, did not raise relevant matters in the proceedings, and did not advise on litigation risk / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / VM v XZ [2020] NZLCRO 216 / HELD / lawyer advised complainant of litigation risk and discretionary nature of judicial review / indication law was “well-settled” by judge / no evidence lawyer’s arguments lacked merit / representation was meticulous / adverse costs order cannot be considered part of lawyer’s fee in fee complaint / comparison between fees and High Court Rules scale a useful starting point, but not a determinative factor / applicable test for fees is in rule 9 and 9.1 / Committee’s superficial fee analysis must be returned to the Committee for first instance determination / section 209 / Committee…
  19. LCRO 114/2021 DY v WJ (20 August 2021) [PDF, 152 KB]

    Complaint / Committee declined to take further action / inquiries made by counsel to judge / complaint lawyer asked inappropriate question about witness’s gender / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / HELD / professional disciplinary bodies have important role in regulating conduct demonstrating prejudice / not persuaded lawyer’s question to judge was, in context, unprofessional, discourteous or disrespectful / no reasonable cause of action / application for review struck out / section 205(1)(a)
  20. LCRO 80/2019 ZB v YC (18 August 2021) [PDF, 204 KB]

    Complaint / Committee declined to take further action / in-house counsel in insolvency firms and insolvency proceedings / complaint in-house lawyer provided regulated services to the public, and the lawyer failed to inform the court of available defences and material facts / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / rule 13.1 / HELD / in-house counsel complaint being pursued as an own-motion inquiry by Committee as complainant lacks sufficient personal interest / complainant’s wish to receive Committee’s ruling for business purposes insufficient to establish personal interest, amounts to legal advice / LCRO does not have jurisdiction to determine correctness of contested litigation issue / concerns in complaint addressed in High Court decision / complaints process not an alternative form to relitigate matters / presiding judicial officer should raise issue about potential lapse / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 106/2021 TH v QA (17 August 2021) [PDF, 149 KB]

    Complaint / Committee declined to take further action / conveyancing transaction / complaint opposing party’s lawyer obtained and used personal information about complainant unethically or unlawfully / also, increased costs of litigation, claimed excessive and unreasonable costs, and attempted to influence a witness / HELD / no credible or cogent evidence to support serious allegations made / theft of personal information concern should be addressed by Police or Privacy Commissioner / improper cross-examination complaint within jurisdiction of presiding judicial officer and should have been argued at the time / no criticism from presiding judicial officer regarding lawyer’s conduct / bias allegation about Committee members not substantiated / abuse of process / application for review struck out / section 205(1)(d)
  23. LCRO 112/2019 EQ v XD (30 July 2021) [PDF, 162 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer failed to act competently and in a timely manner, and treat complainant with respect and courtesy / also, conveyancing work completed negligently and in conflict of interest / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 72 / HELD / procedural irregularity / Committee member was friends with lawyer / Committee member identified and declared conflict from the outset, but adopted a wait-and-see approach / involvement more than a disinterested or distanced observer / circumstances do not satisfy Saxmere test / another Committee directed to reconsider and determine whole complaint / section 209
  24. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 233 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding content of apology ordered by LCRO / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / Committee not required to provide reasons for prosecutorial decision / no basis to claim apology was to be reviewed by LCRO for acceptability before being sent to complainant / apology provocative / Committee reasonable to determine apology raised legitimate disciplinary issues / no reason to interfere with referral / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 68/2021 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 190 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding undisbursed estate funds and delay / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / lawyer’s argument conduct referred to Tribunal has already been determined in prior disciplinary proceedings not substantiated / matters not sufficiently similar / continuing delay in finalising estate not explained by continuing issues in resolving previous adverse conduct findings relating to trust account management / no prejudice / steps to finalise estate simple / Committee’s decision confirmed / section 211(1)(a)