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1392 items matching your search terms

  1. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [PDF, 257 KB]

    Complaint / Committee declined to take further action / employment proceedings / complaint against Employment Relations Authority members for actions during proceedings, alleging they brought legal profession into disrepute / HELD / while conduct by statutory decision maker not always beyond scope of disciplinary inquiry, in this context it is / respondents held practicing certificates / however, not providing regulated services in exercising statutory functions / dissatisfaction with decision-making may be challenged in in conventional forums / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 185/2020 BC v DE and FG decision & minute (20 May 2021 & 30 April 2021) [PDF, 201 KB]

    Complaint / Committee declined to take further action / employment proceedings / complaint opposing party (lawyers) obstructed legal proceedings / HELD / on review, declined to refer complaint to Committee dealing with complainant’s other complaint / issues involved in this complaint are discrete and can be addressed separately / failure to comply with procedural order / seriousness depends on nature of breach and how decision maker viewed it / decision maker entitled to make finding first / same principle applies to complaint under Privacy Act 1993 / disciplinary process not involved until first-instance decision maker assesses conduct / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 224/2020 & LCRO 230/2020 EZ v MQ and MQ v EZ (19 May 2021) [PDF, 181 KB]

    Review / Committee found unsatisfactory conduct / immigration and employment matter / complaint lawyer acted for client’s employer against client and threatened to disclose information about family member for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 6 / rule 6.1 / rule 8 / rule 8.7.1 / rule 10 / HELD / parallel complaint in Immigration Advisers Authority jurisdiction / at review hearing, lawyer accepted Committee’s liability determination / penalty / Committee imposed $10,000 fine / conflict of interest serious / inexperienced as lawyer, but should have been aware of conflict principles from experience as immigration adviser / threat regarding family member also warrants significant penalty / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 165/2019 RG v TQ (19 May 2021) [PDF, 200 KB]

    Review / Committee found unsatisfactory conduct / payment of settlement funds / complaint lawyer did not have appropriate complaints procedure / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.8 / HELD / natural justice / lawyer properly notified of issues before Committee hearing but through oversight did not correctly identify all of them in Notice of Hearing / opportunity to make submissions on review / law firm had appropriate client complaints procedure / Committee considered formal investigation process required / in context, not required / initial informal problem solving response appropriate in the circumstances / firm justified in requiring client obtain independent advice when notified of potential action against the firm / Committee’s decision reversed / section 211(1)(a)
  5. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [PDF, 231 KB]

    Review / Committee found unsatisfactory conduct / sale of company assets / complaint lawyer acted for company and directors against other directors and minority shareholders / rule 6.1 / rule 10 / rule 13.5.4 / HELD / lawyer acted in breach of conflict of interest rules, confirmed / breach of rule 13.5.4 / lawyer swore affidavit in support that did not present impartial and objective statement of fact to court / breach of rule 10 / affidavit and correspondence did not meet proper standard of professionalism / Committee censured lawyer / Committee’s decision modified to find and censure breaches of rules 10 and 13.5.4 and to impose $2,000 fine / Committee’s decision otherwise confirmed / section 211(1)(a)
  6. LCRO 113/2020 SM v YL (7 May 2021) [PDF, 141 KB]

    Complaint / Committee found unsatisfactory conduct / sale of cross-lease property, defective title / complaint contrary to instructions, lawyer allowed purchasers to declare agreement unconditional and agreed to hold retention sum from settlement pending lodgement of updated flats plan / HELD / Committee imposed fine and training order but did not order compensation / lawyer refunded fee / lawyer’s action not causative of loss in remedying defective title / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 235/2020 JT v PT (6 May 2021) [PDF, 148 KB]

    Complaint / Committee found unsatisfactory conduct / relationship property matter / review of Committee’s third (orders) determination / pre-1 August 2008 conduct / HELD / Committee did not order compensation / client deprived of opportunity to make informed decision, which would have caused considerable stress and anxiety / Committee’s decision modified to order lawyer pay $1,000 compensation for stress and anxiety / Committee’s decision otherwise confirmed / section 211(1)(a)
  8. LCRO 48/2019 VW v EX and TY (3 May 2021) [PDF, 324 KB]

    Review / Committee declined to take further action / complaint lawyers provided negligent advice and did not follow estimate / fee complaint / Unit Titles Act 2010 litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.4 / HELD / Court of Appeal declined jurisdiction for appeal / jurisdiction issue cannot be relitigated in professional discipline proceedings / no further action on negligent advice complaint / allegation of negligence or breach of contract must be pursued in court / dispute over whether estimate provided / analysis of fee complaint not sufficiently complete to review / Committee directed to reconsider fee complaint and estimate / section 209 / Committee’s decision otherwise confirmed / section 211(1)(a)
  9. LCRO 170/2019 ZY v LN QC (23 April 2021) [PDF, 279 KB]

    Complaint / Committee declined to take further action / civil proceedings / complaint lawyer did not provide competent advice, pursued proceedings with no prospect of success, did not keep complainant informed, and terminated retainer without good cause / rule 4.2 / HELD / lawyer’s perspective on merits reasonable and open / conduct keeping complainant informed did not meet disciplinary threshold / retainer terminated for good cause / duties on terminating retainer carried out / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 50/2020 M and N PQ v WR (23 April 2021) [PDF, 276 KB]

    Complaint / Committee declined to take further action / mediation / complaint lawyer did not provide competent advice, colluded with opposing counsel, did not record mediation, and misled the complainants / HELD / no jurisdiction to consider matter not before Committee / lawyer not required to record mediation / no evidence lawyer colluded with opposing counsel or misled complainants / no evidence conduct not competent / negligence claim must be pursued in civil jurisdiction / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 175/2020 PM obo MNO Limited v FS and BL (22 April 2021) [PDF, 221 KB]

    Complaint / Committee declined to take further action / creditor’s recovery of rent default / complaint lawyers improperly pursued recovery of rent default / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / Notice of Statutory Demand pursued properly / lawyers’ handing of dispute under Deed of Lease does not raise any professional conduct concerns / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 53/2020 YJ v GK (22 April 2021) [PDF, 280 KB]

    Review / Committee found unsatisfactory conduct / property development and drafting shareholder agreement / complaint lawyer acted in conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / rule 6 / rule 6.1 / HELD / lawyer conflicted / breach of rule 5 and subrules / found lawyer acted for complainant while director of development company in competition with complainant’s company / breach of rule 6.1 / due to conflicts, lawyer unable to explain all material risks in complainant providing unlimited guarantee and should have declined to act / Committee found conduct unsatisfactory per s 12(a), reversed on review / review focused on conflicts and found unsatisfactory conduct based on rule breaches per s 12(c) / $2,500 fine increased to $7,500 / Committee’s decision modified / section 211(1)(a)
  13. LCRO 87/2020 JJ v SS (15 April 2021) [PDF, 208 KB]

    Review / Committee found unsatisfactory conduct / apartment purchase / complaint lawyer provided estimate of costs which was not adhered to / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / rule 9.4 / rule 11.1 / Lawyers and Conveyancers Act (Complaints Service and Standards Committees) Regulations 2008, reg 29 / Property Transactions and E-dealing Guidelines / HELD / estimate provided, exceeded / special circumstances found to inquire into bill of costs / lack of time records / no explanation why estimate exceeded / fees not fair and reasonable / Committee’s decision modified to record exceeding estimate breaches rule 9.4, not rule 10 / also modified to record breach of rule 11.1 for indicating fees needed to be paid to settle / Committee’s decision otherwise confirmed / section 211(1)(a)
  14. LCRO 163/2020 DM v TN and EX (9 April 2021) [PDF, 215 KB]

    Review / Committee declined to take further action / personal grievance and ERA claim / complaint lawyers did not act in a competent and timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / one lawyer complained about took no proactive steps for 20 months / delay conduct breached rule 3 / Committee’s decision modified to find unsatisfactory conduct pursuant to s 12(c) on basis of breach of rule 3 / other lawyer instructed to stop acting, but did not adequately file note this instruction / no disciplinary consequences arise / Committee’s decision otherwise confirmed / section 211(1)(a)
  15. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [PDF, 604 KB]

    Review / Committee declined to take further action / civil proceedings / complaint lawyers did not competently advise on litigation risk or adequately monitor merits of continuing claim, bullied complainant in recovering fee, terminated retainer without good cause / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 4.2.2 / rule 4.2.3 / rule 10 / HELD / fee recovery did not constitute bullying / complainant advised of risks / competently monitored merits of continuing claim, negligence allegation must be pursued in civil jurisdiction / lawyers indicated retainer would be terminated for non-payment of fees, but continued trial preparation / retainer terminated relatively close to trial / Committee directed to reconsider retainer termination / section 209 / Committee may consider if trial preparation fees fairly charged after considering termination / Committee’s decision otherwise confirmed / section 211(1)(a)
  16. LCRO 196/2020 AB v CD (31 March 2021) [PDF, 309 KB]

    Complaint / Committee declined to take further action / easement litigation and appeal / complaint lawyer charged fees that were not fair and reasonable, did not treat complainant with respect and courtesy, and refused to release file / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 3.4A / rule 3.7 / HELD / costs assessor appropriately disclosed personal connection to retainer, no evidence of bias / reasonable fee factor for risk disregarded / rule 9.1(e) does not encompass risk client may terminate retainer / barrister not required to provide terms of engagement in advance, but it would have been prudent to do so / effect of non-provision not as extensive as alleged / errors identified in time records do not establish fees not fair and reasonable / fees fair and reasonable / delay in making file available does not warrant disciplinary response / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 161/2020 SE v GR (31 March 2021) [PDF, 305 KB]

    Review / Committee found unsatisfactory conduct / property transaction / complaint lawyer failed to disclose vendor was not registered owner and was not competent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 7.1 / HELD / lawyer required to disclose all relevant information / identity of registered owner relevant to purchase / irrelevant complainant was bound by purchase / allegation of negligence must be proved in court / grounds for compensation not established / Committee’s decision reversed as to unsatisfactory conduct finding under s 12(a), and orders reducing firm’s fees / Committee’s decision otherwise confirmed / section 211(1)(a)
  18. LCRO 98/2019 EL v SV, DV & JV (31 March 2021) [PDF, 510 KB]

    Review / Committee found unsatisfactory conduct / estate administration and litigation / complaint fees charged to estate not fair and reasonable, lawyer acted in conflict of interest and was not competent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / HELD / lawyer alleged costs assessor breached natural justice / lawyer did not return assessor’s call / has not engaged in previous disciplinary proceedings / Committee may inquire into invoices issued after fee complaint made / professional estate administration conduct by lawyer captured by Act / difficulty in reconciling files / Committee’s decision modified so lawyer’s management of physical files breaches s 12(b), not rule 3 / costs assessor’s report recommended global fee reduction / some fees assessed as fair and reasonable, should not be reduced / Committee’s decision modified to reduce, cancel and refund excessive fees only / $2,000 fine and $500 costs not interfered with / otherw…
  19. LCRO 170/2020 KLM Limited v ND (30 March 2021) [PDF, 276 KB]

    Complaint / Committee declined to take further action / commercial lease dispute / complaint lawyer threatened mediator / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 12 / HELD / natural justice / Committee did not provide complainant with lawyer’s bare denial of complaint / must comply with natural justice / however, no prejudice / proper for lawyer to advise they may issue proceedings regarding dispute / letter to mediator not a threat / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 190/2020 JG v VK (23 March 2021) [PDF, 260 KB]

    Complaint / Committee declined to take further action / border alert application / complaint delay and clerical error in submitting border alert application demonstrated lawyer’s conduct did not meet standard of competence required / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / on review, complainant broadened complaint to include firm’s processes and procedures / issue not within scope of review / no breach of rule 3 / first application form not accepted by police as not signed by lawyer / form indicates it can be signed by complainant or lawyer / at police request, lawyer signed form / secretary erroneously sent previous form again / lawyer not fairly responsible for secretary’s error / correct form sent promptly after error / in context, delays do not constitute unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 95/2019 CM v DL (9 March 2021) [PDF, 285 KB]

    Review / Committee declined to take further action / criminal bankruptcy and appeal matters / complaint lawyer made up invoice to avoid refund, did not follow instructions or promptly answer inquiries, and was not competent / HELD / natural justice / Committee considered judgment critical of complainant’s credibility / must consider relevance and weight / adverse comments disregarded on review / no evidence lawyer compromised criminal case / lawyer advised appeal had low prospect of success / no evidence lawyer failed to follow instructions on appeal matter / Committee should have considered two other issues / Committee directed to consider lawyer retaining files pending fee payment, to investigate whether lawyer performed work claimed on disputed invoice, and whether funds were paid by client to lawyer and if funds were managed appropriately / section 209(1) / Committee’s decision otherwise confirmed / section 211(1)(a)
  22. LCRO 183/2020 DX v SQ (26 February 2021) [PDF, 260 KB]

    Complaint / Committee declined to take further action / estate matter / complaint opposing lawyer acted fraudulently and deceptively while seeking a copy of a will from third parties / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11.1 / HELD / lawyers owe limited duties to non-clients / lawyer was seeking a copy of a will that was not provided to other beneficiaries by complainant / it would have been preferable for lawyer to indicate they were assisting beneficiaries with estate rather than in the administration of estate / evidence does not demonstrate conduct was dishonest, rather, imprecise / rule 11.1 directed at misleading or deceptive conduct in relation to a lawyer’s practice, not in advocacy / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 105/2020 AG v BH & CI (19 February 2021) [PDF, 179 KB]

    Complaint / Committee declined to take further action / civil litigation / complaint lawyers did not provide competent representation, did not follow instructions and charged fees that were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / new issues raised at review stage cannot be considered / lawyers must follow client instructions / no evidence lawyers resisted instructions to end litigation / complainant advised of risks / no evidence lawyers falsely represented hourly rates / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 43/2019 KD v MX (19 February 2021) [PDF, 223 KB]

    Review / Committee declined to take further action / correspondence with school regarding Family Court litigation / complaint lawyer sent inappropriate letters about opposing parent to children’s schools / Lawyers and Conveyancers Act 2006, section 12(b) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 2.1 / rule 2.3 / rule 6 / HELD / letters cast aspersions on complainant’s character and psychological condition / conduct was unprofessional and breached rules 2, 2.1, 2.3 and 6 / Committee’s educative approach in taking no further action not appropriate / Committee’s decision reversed as to unsatisfactory conduct finding, modified to censure lawyer and to order apology / section 211(1)(a)