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1376 items matching your search terms

  1. 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)
  2. 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)
  3. 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)
  4. 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)
  5. 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)
  6. 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)
  7. 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)
  8. 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…
  9. 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)
  10. 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)
  11. 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)
  13. 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
  14. 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)
  15. 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)
  16. LCRO 216/2020 YH v DP (29 July 2021) [PDF, 176 KB]

    Review / Committee declined to take further action / litigation fees / complaint lawyer was not efficient, legal fees exceeded recovery, and did not invoice in accordance with terms of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, reg 29 / VM v XZ [2020] NZLCRO 216 / HELD / Committee incorrectly applied reg 29 / only reviewed last nine months of fees / Committee’s fee complaint analysis was superficial and proceeded only on the basis of the complaint and the response / Committee directed to reconsider complaint / section 209
  17. LCRO 76/2020 FV v GT (23 July 2021) [PDF, 269 KB]

    Complaint / Committee declined to take further action / tax liability and liquidation proceedings / complaint lawyer did not competently communicate or negotiate with IRD, or advise about liquidation proceedings, and failed to appear in court when instructed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / HELD / jurisdiction / application accepted outside of prescribed time limit under COVID-19 relief legislative discretion in earlier Minute / challenge to earlier Minute must proceed by way of judicial review / negotiation with IRD required complainant to secure funds / IRD not persuaded to further defer liquidation proceedings / no substantive defence / not satisfied lawyer’s retainer limited to negotiations / complainant had reasonable expectation lawyer would attend court / technical and inconsequential breach of rule 4.2 / lawyer did not contribute to inevitable outcome / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 92/2021 AZ v BY (19 July 2021) [PDF, 134 KB]

    Complaint / Committee declined to take further action / estate matter / complaint about estate lawyer’s implementation of Deed of Family Arrangement / HELD / extent of Committee’s inquiry into a complaint is a matter of discretion for the Committee / not a function of professional disciplinary process to resolve dispute over interpretation of Deed or closely supervise lawyer undertaking work related to the Deed / complainant’s questions can be tested and resolved in an adversarial process / abuse of process / application for review struck out / section 205(1)(d)
  22. LCRO 78/2020 NS v GL (29 June 2021) [PDF, 182 KB]

    Review / Committee declined to take further action / family law proceedings / complaint lawyer did not advise complainant against not responding to a request for an undertaking in lieu of applying for a protection order / J v Auckland Standards Committee 1 [2018] NZHC 2706 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / YR v OS LCRO 3/2019 / HELD / client was prepared to acquiesce to request outlined in undertaking, but did not want to respond / lawyer was aware of consequences of obtaining protection order but did not advise against non-response strategy / protection order applied for / failed to protect and promote client’s interests / Committee’s decision reversed / unsatisfactory conduct found pursuant to s 12(a) / section 211(1)(a)
  23. LCRO 1/2020 NR v YB (28 June 2021) [PDF, 150 KB]

    Review / Committee found unsatisfactory conduct / civil proceedings / review of penalty determination / complaint lawyer did not advise client of hourly rate increase, cost of phone calls, and added 2015 work to a 2018 invoice, and did not return deposit after client terminated retainer / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.6 / rule 9.6 / HELD / lawyer cannot demonstrate client advised of hourly rate increase / delay in issuing invoice caused no harm / no evidence fees relate to work not done / shortcomings relatively minor in context / $4,000 fine and censure orders accepted as disproportionate, even in context of prior disciplinary history / Committee’s decision modified by reversing censure order, and reducing fine to $1,000 / section 211(1)(a)
  24. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [PDF, 356 KB]

    Review / Committee found unsatisfactory conduct / immigration applications / complaint lawyer failed to provide clear, not misleading information about fees and services / charged fees that were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.6 / rule 3.4 / rule 9 / rule 9.1 / HELD / Committee only provided reasons for one of four tranches of fees in fee complaint / first tranche fair and reasonable but fees agreement conflated disbursements into fee component, charging GST on disbursements exempt from GST / whether second tranche properly chargeable / fee agreement inconsistent with lawyer’s understanding, client not liable / authority to charge fourth tranche not provided in writing as required by rule 3.4, but fair and reasonable / Committee’s findings reversed in part regarding fee complaint, and modified to reduce fine to $3,500 / Committee’s decision otherwise confirmed / section 211(1)(a) 
  25. LCRO 122/2020 G & P LN v Todd Whitcombe and RC findings & publication decisions (4 May 2021 & 22 June 2021) [PDF, 397 KB]

    Decision as to publication of two lawyers’ names / lawyers in same firm represented both sides in property transaction / S v Wellington District Law Society [2001] NZAR 465 (HC) / Director of Proceedings v Nursing Council of New Zealand [1999] 3 NZLR 360 (HC) / Dean v Wellington District Law Society HC Wellington CIV-2006-485-2961, 26 July 2007 / Gill v Wellington District Law Society HC Wellington AP120/93, 7 December 1993 / HELD / in relation to senior lawyer, public need to know that lawyer allowed conflict of interest to develop / future clients will be able to recognise a similar situation and raise the matter / present or future employees can be guarded against being placed in same position as junior lawyer / publication of name ordered / in relation to junior lawyer, they are now aware to be on high alert against being placed in same situation / no publication order