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1410 items matching your search terms

  1. 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)
  2. 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)
  3. 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)
  4. 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)
  5. 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)
  6. 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…
  7. 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)
  8. 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)
  9. 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)
  10. 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)
  12. 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)
  13. 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)
  14. LCRO 78/2019 EW v PT and AM (3 February 2021) [PDF, 142 KB]

    Complaint / Committee declined to take further action / insurance claim and franchise advice / complaint lawyers not competent, charged fees that were not fair and reasonable, and did not make it clear an invoice did not cover franchise advice from another firm / HELD / jurisdiction / application for review included request to review two determinations; one was out of time to review / Complaint Services’ decision to split complaint into two files is an administrative decision, review jurisdiction is to review aspects of Committee’s inquiry / nevertheless, decision to separate complaints logical / no evidence of professional conduct issue / disciplinary process does not closely analyse and second guess litigation decisions / mistaken assumption that an invoice covered franchise advice / franchise advice properly chargeable / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 26/2019 ET v CG (29 January 2021) [PDF, 194 KB]

    Review / Committee declined to take further action on complaint / advice relating to protection order / complaint opposing lawyer advised their client they could breach explicit terms of protection order / CW v XB LCRO 213/2010 / KJ v VW LCRO 54/18 / Burmeister v O’Brien [2010] 2 NZLR 395 (HC) / HELD / expected that a reasonably competent lawyer would comprehend restriction imposed by protection order and advise client accordingly / unsatisfactory conduct pursuant to section 12(a) / Committee’s decision reversed / section 211(1)(a)
  17. LCRO 181/2019 SL v GB (29 January 2021) [PDF, 281 KB]

    Complaint / Committee declined to take further action on complaint / property transaction / complaint lawyer’s fees not fair and reasonable, advised opposing party the dispute was not worth litigating, inappropriately terminated retainer, and instructed a debt collector a day earlier than advised / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 4.2.3 / rule 7.1 / rule 9 / rule 9.1 / HELD / fees fair and reasonable / breach of rule 7.1 / lawyer failed to advise client as instructed / disciplinary response not warranted in context / lawyer terminated retainer 10 days before hearing / termination does not call for a disciplinary response in context of repeated failures to pay fees / lawyer withdrew instructions to debt collector on receiving complaint / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 109/2020 SV v FT (28 January 2021) [PDF, 198 KB]

    Complaint / Committee found unsatisfactory conduct / lodging a caveat, claim against estate / complaint lawyer lodged caveat without proper basis and Committee did not order full compensation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / section 156(1)(d) / BAB v PW LCRO 4/2011 / HELD / lawyer’s client did not have caveatable interest / review application challenges partial compensation order / Committee determined not to provide full compensation due to complainant’s contributory behaviour / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 45/2020 MN v RK (22 December 2020) [PDF, 249 KB]

    Complaint / Committee found unsatisfactory conduct / caveat to secure fees / complaint lawyer registered caveat without caveatable interest / Lankow v Rose [1995] 1 NZLR 277 (CA) / Boat Harbour Holdings Ltd v Steve Mowat Building and Construction Ltd [2012] NZCA 305 / Batusov v Batusov [2020] NZHC 1272 / BAB v PW LCRO 4/2011 (14 August 2012) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / lawyer must be able to point to assessment of grounds supporting caveatable interest / lawyer did not raise contestable argument they had reasonable grounds to lodge a caveat / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 21/2019 IV v EC and HL (21 December 2020) [PDF, 216 KB]

    Review / Committee declined to take further action / enduring power of attorney and property transfer / complaint lawyer did not properly determine whether complainant had capacity when executing powers of attorney, and that another lawyer acted on property transfer despite conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.2 / rule 6.3 / HELD / no longer practicable to investigate capacity complaint due to passage of time / breach of rule 6.1 / interests of vendor and purchaser did not align / no evidence clients provided informed consent / information barrier discussed, not a cure for failing to obtain informed consent / Committee’s decision confirmed as to capacity complaint, reversed as to conflict of interest / unsatisfactory conduct found / no further orders made / section 211(1)(a)
  24. LCRO 14/2020 CL v BB (18 December 2020) [PDF, 150 KB]

    Complaint / Committee declined to take further action / trust and estate dispute / complaint lawyer did not meet duty of care, failed to act promptly and charged excessive fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / no evidence lawyer committed to resolving dispute within short timeframe / miscommunication about request for documents already provided by complainant not unsatisfactory conduct / liability for fees for reviewing financial statements not dependent on finding irregularities / fee complaint regarding minute disputes for properly chargeable fees not upheld / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 166/2020 GM - Application for review of a prosecutorial decision (18 December 2020) [PDF, 174 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation lawyer inappropriately transferred funds from trust account / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / HELD / Committees are not required to provide reasons to refer conduct to Disciplinary Tribunal / evidence does not conclusively demonstrate any breaches are inadvertent errors / proper matters for Tribunal to consider / Committee’s decision confirmed / section 211(1)(a)