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1370 items matching your search terms

  1. LCRO 79/2019 PS v NR (28 May 2020) [PDF, 193 KB]

    Complaint / Committee declined to take further action on complaint / Family Court proceedings / complaint lawyer instructed self-represented litigant to communicate directly with their client in breach of protection order / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / rule 12.1 / Burgess v Tait [2014] NZHC 2408 / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / HELD / lawyer volunteered to pass on emails to the client in court, then withdrew that offer later / either insincere, or discourteous and unprofessional to cease forwarding emails and advise to deal with lawyer’s client directly, without prior discussion with complainant and notification to the court / as complainant unrepresented, should have informed her of her right to take legal advice / by finest margin, no adverse finding made / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [PDF, 189 KB]

    Complaint / Committee declined to take further action on complaint / advice to trustees and construction contract dispute / complaint lawyers did not act competently or protect the trust’s interests, did not complete matters in a timely way, and improperly terminated retainer / Construction Contracts Act 2002 / HELD / basis of complaint and disciplinary process is to maintain professional standards, not loss recovery / client requested lawyers establish a trust, and lawyers provided competent advice on the trust / lawyers were only consulted intermittently throughout development project, and without enough time to issue a payment schedule / litigation strategy pursued to establish a basis for settlement / trust partially succeeded in construction contract dispute / lawyers did not lack competence or diligence / lawyer terminated retainer appropriately due to conflict of interest between trustee company and other trustees / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 144/2018 BG v NH (26 May 2020) [PDF, 140 KB]

    Complaint / Committee found unsatisfactory conduct / criminal and immigration matters / complaint barrister accepted direct instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 14.4 / HELD / lawyer received fees in advance / accepted direct instructions / consent is no answer to taking direct instructions / penalty / $500 fine ordered on review / Committee’s decision modified to reflect fine / Committee’s decision otherwise confirmed / section 211(1)(a)
  11. LCRO 34/2018 GR v [Area] Standards Committee [X] [PDF, 199 KB]

    Complaint / Committee found unsatisfactory conduct / registration of easements, lodging caveat / complaint lawyer registered and certified instruments without Authority and Instruction consent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / Property Transactions and E-Dealing Practice Guidelines / Land Transfer Act 1952, section 164A / HELD / breach of rule 2.5 / lawyer certified they had authority to register instruments without such authority / penalty / censure, fine of $6000, direction to provide decision to Registrar-General of Land, costs confirmed / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [PDF, 133 KB]

    Complaint / Committee found unsatisfactory conduct / lodging a caveat / complaint lawyer did not pass on Notice for Lapse of Caveat to client / review stayed pending civil proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / HELD / breach of rule 3 and rule 6 / lawyer’s firm listed as address for service on caveat / assumed and failed to discharge duty to clients to advise them of notices in relation to caveat / Committee’s findings that lawyer concealed fact that caveat had lapsed, not supported by evidence / compensation / client lost choice to take advice on acting to sustain caveat or allowing it to lapse / $1,000 compensation / penalty / fine reduced from $5,000 to $4,000 as no finding lawyer concealed error, costs order confirmed / Committee’s decision partially reversed, partially modified / section 211(1)(a)
  13. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [PDF, 92 KB]

    Complaint / Committee declined to take further action on complaint / fee recovery proceedings / complaint lawyer appeared as counsel in proceedings in which the lawyer was giving evidence and their conduct was in issue, and committed perjury / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5.3 / HELD / lawyer sought leave to appear which was granted by court / evidential conflict supporting perjury complaint for District Court to resolve / no right of appeal to LCRO on perjury allegation / complaint discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
  14. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [PDF, 159 KB]

    Review / Committee found unsatisfactory conduct / civil proceedings / complaint lawyer was incompetent as to ensuring full discovery from defendant, and lied to the court when seeking to be removed as counsel of record / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / failure to take steps to require discovery better characterised as a lack of diligence in terms of section 12(a), than a lack of competence in terms of rule 3 / lawyer entitled to put their view to the court regarding withdrawing as counsel of record / penalty / fine of $2000, costs confirmed / no costs order for review / Committee’s decision modified to reflect lack of diligence rather than lack of competence / Committee’s decision otherwise confirmed / section 211(1)(a)
  15. LCRO 175/2018 QA v SZ (1 May 2020) [PDF, 117 KB]

    Complaint / Committee declined to take further action on complaint / advice to trustees / complaint lawyer did not provide taxation advice on transaction / HELD / terms of engagement excluded tax advice / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 only require lawyers to advise unrepresented persons to seek independent legal advice / allegations of negligence must be tested in civil courts / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 104/2019 RY v DN (1 May 2020) [PDF, 273 KB]

    Complaint / Committee declined to take further action on complaint / property transaction / complaint lawyer acted for more than one party, did not sufficiently explain retainer, and acted against a former client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / rule 6.1.3 / rule 8.7 / rule 8.8 / Torchlight Fund No 1 LP (in rec) v NZ Credit Fund (GP) 1 Ltd [2014] NZHC 2552 / Russell McVeagh McKenzie Bartlett & Co v Tower Corp [1998] 3 NZLR 641 (CA) / Mike Pero Mortgages Ltd v Pero [2014] NZHC 2798 / HELD / identity of client(s) / lawyer’s client was a partnership the clients had formed, not the individual members of the partnership / range of factors to be considered when acting against former clients in commercial transactions, per Russel McVeagh McKenzie Bartlett & Co v Tower Corp / alleged confidences breached were not particularised / no breach of rule 8.7.1 / Committee’s decision confirmed / secti…
  17. LCRO 100/2019 & 168/2019 Company A Limited v WC and VB (30 April 2020) [PDF, 143 KB]

    Complaint / Committee declined to take further action on complaint / fee complaint / complaint fees were excessive, unfair and unreasonable, and that time was not accurately recorded / also, lawyers did not provide information about fees / whether estimate exceeded / Lawyers and Conveyancers Act 2006, section 132(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / various invoices complained about / section 132(2) / complainant is not a person chargeable with a bill of costs for a number of invoices / regulation 29 / ten invoices presented near end retainer / a number are under $2,000 / files are unrelated, no reason to aggregate / lawyer gave initial fee indication, which was exceeded / basis of estimate changed as retainer unfolded, common sense that estimate could not be relied on anymore / lawyer should have up…
  18. LCRO 9/2020 SC v KB and ZR (30 April 2020) [PDF, 110 KB]

    Complaint / Committee declined to take further action on complaint / Treaty of Waitangi claim / complaint lawyer perverted the course of justice and sabotaged treaty claim / second complaint / HELD / issues raised were addressed in an earlier complaint / repetition of allegations / once heard and addressed, a complaint can only be revisited in rare circumstances where compelling reasons justify further inquiry / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
  19. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [PDF, 181 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / judge referred Minute addressing lawyer’s behaviour to NZLS as complaint / own-motion inquiry / complaint lawyer acted as a witness and incorporated opinion (views on the evidence) in a memorandum / Evidence Act 2006, section 129 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5 / rule 13.5.4 / H v S (Counsel: Debarment) [2016] NZHC 409 / HELD / lawyer annexed scientific papers to client’s affidavit about their methamphetamine use / rule 13.5 breached / lawyer familiar with scientific matters / client’s affidavit recites lawyer’s scientific qualifications and contained evidence by proxy from the lawyer / absolute requirement for lawyer to maintain their independence when conducting litigation before court / total prohibition on lawyers presenting evidence to the court / insufficient time and client funds to obtain expert evidence as to scientific evidence on methamphetamin…
  20. LCRO 118/2018 VT v MQ (18 March 2020) [PDF, 157 KB]

    Complaint / Committee declined to take further action on complaint / Resource Management Act 2001 prosecution / complaint lawyer charged fees without written authority and inappropriately claimed a lien over files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.4.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / HELD / lawyer advised client the fee limit was unworkable / could require daily confirmation / client did not hold lawyer to fee limit / trust account debited in compliance with regulation 9(1)(a) / lien appropriate / no evidence of professional conduct issue / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 101/2019 YK v RN (17 March 2020) [PDF, 146 KB]

    Complaint / Committee declined to take further action on complaint / property settlement matter / complaint lawyer provided incompetent advice, and did not follow up with vendor’s lawyer to confirm whether an extension had been granted / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / whether lawyer responsible for ascertaining if an extension of time has been agreed to must be considered on its particular facts / client was aware of time available for extension to be granted / no evidence client would confirm contract if extension not granted / no evidence lawyer provided incompetent advice / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 146/2019 AC v CJ (12 March 2020) [PDF, 146 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide copies of invoices to complainant (residuary beneficiary) before debiting fees from estate funds held in trust account / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act 2006, section 160 / Raunch v Maguire [2010] 2 NZLR 854 (HC) / IV v DD LCRO 272/2012 / Commissioner of Stamp Duties (Queensland) v Livingston [1965] AC 694 (PC) / HELD / residuary beneficiary in an estate has no legal or equitable interest in the assets of the estate until the residue crystallises / lawyer not required to provide residuary beneficiaries with copies of invoices before debiting those fees from estate funds in trust account / Committee’s decision reversed / section 211(1)(a)
  23. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [PDF, 130 KB]

    Jurisdiction / whether application for review made out of time / application delayed by courier / Lawyers and Conveyancers Act 2006, section 198 / Lawyers and Conveyancers Amendment Act 2012 / Interpretation Act 1999, section 29 / Contract and Commercial Law Act 2017, section 211 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v OI LCRO 19/2013 (2 April 2013) / HELD / application filed out of time / review officer has no discretion to extend timeframe / proof of service / no legislation that precludes email as a method of filing or service / five working day presumption in section 198 is rebuttable / no jurisdiction
  24. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [PDF, 199 KB]

    Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer acted for a client and grandson in a conflict of interest situation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / Sandy v Kahn LCRO 181/2009 / ZAA v YBC LCRO 243/2013 / Taylor v Schofield Peterson [1999] 3 NZLR 434 / HELD / distinction between contentious and non-contentious matters / more than negligible risk that lawyer would be unable to discharge obligations owed to one or more clients / transfer of property to family trust / client’s consent insufficient to manage conflict issue / disciplinary process not a substitute for civil proceedings / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 104/2018 CJ v MV (28 February 2020) [PDF, 189 KB]

    Review / Committee declined to take further action on complaint / notice of claim and caveat in relationship property matter / complaint lawyer did not take reasonable care in respect of notice of claim / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / HELD / lawyer did not obtain post-registration search to confirm registration of notice of claim / admitted breach of rule 3 / fees fair and reasonable / Committee’s decision reversed / unsatisfactory conduct pursuant to section 12(c) for breach of rule 3 / $500 fine ordered / section 211(1)