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1426 items matching your search terms

  1. 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)
  2. LCRO 83/2020 BA v SC (18 December 2020) [PDF, 265 KB]

    Complaint / Committee declined to take further action / trust funds / complaint lawyer received trust funds from trustee and followed instructions to pay funds to trustee’s company / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.1 / rule 4.2 / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Trust Account Regulations) Regulations 2008, regulation 12 / Fletcher v Eden Refuge Trust [2012] NZCA 124 / Trust Account Guidelines / HELD / other than being instructing solicitor on proceedings to remove trustee, no evidence produced that lawyer knew trustee not entitled to funds / issue yet to be determined in court / lawyer could have asked for copy of trustee resolution authorising payment, or terminated retainer / however, no contravention of trust account rules on the evidence / without further information, lawyer obliged to carry out instructions / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 14/2020 CL v BB (18 December 2020) [PDF, 141 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)
  4. LCRO 189/2019 RT v AC (30 November 2020) [PDF, 248 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer invoiced clients when not involved in sale, did not provide new lawyer with access to e-dealing and fees were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.3 / rule 4.4 / rule 9 / rule 9.1 / HELD / lawyer provided undertaking with irrevocable instructions to purchaser’s solicitor in exchange for 50 per cent deposit to be paid / Committee’s decision to accept cost assessor’s report not well founded / cost assessor estimated time spent on matter and did not take into account particulars of this transaction / not referred back due to time elapsed / new lawyer should have set up fresh e-dealing / Committee’s decision reversed / section 211(1)(a)
  5. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [PDF, 210 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / own motion investigation lawyer did not comply with notice of requirement to produce letter sent to Family Court / Lawyers and Conveyancers Act 2006, section 147 / Beckham v R [2015] NZSC 98 / HELD / lawyer claimed letter was privileged and instructed by client not to release it and to minimise communications / privilege claim probably without foundation / original complainant and Committee could have obtained letter from Family Court, and did so during course of complaint / not satisfied conduct requires a disciplinary response / Committee’s decision reversed / section 211(1)(a)
  6. LCRO 140/2020 AB v RP (27 November 2020) [PDF, 267 KB]

    Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer did not provide terms of engagement and deducted trust funds without authority / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 3.6 / rule 9.3 / HELD / breach of rule 3.4 / prior terms of engagement did not remain accurate, nor was this considered at the time for the purpose of rule 3.6 / breach of rule 9.3 and reg 9 / lawyer did not have authority to deduct funds for reg 9(1)(a) / regs 9 and 10 demand strict compliance / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 191/2019 UY v FB (26 November 2020) [PDF, 266 KB]

    Complaint / Committee declined to take further action / Family Court proceedings / complaint opposing lawyer described complainant’s protection order application as a parenting order “in drag” and failed to serve a memorandum / Lawyers and Conveyancers Act (Complaints Service and Standards Committees) Regulations 2008, reg 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / procedural fairness / complaints service did not forward complaint to lawyer / discussed complaint with lawyer in phone call / explanations in call not provided to complainant / no evidence complaint inquiry was materially compromised / no breach of rule 12 / no evidence lawyer knew comment would cause distress / presiding judge best placed to evaluate conduct / no evidence of judge’s concern about comment or service of memorandum / Committee’s decision confirmed / section 211(1)(a)
  8. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [PDF, 235 KB]

    Review / Committee declined to take further action on complaint / civil proceedings / complaint lawyer refused to issue proceedings and duplicated work / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 9 / rule 9.1 / HELD / no evidence complainant instructed lawyer to issue proceedings / Standards Committee directed to reconsider fee complaint / section 209(1)(a) / Committee’s decision otherwise confirmed / section 211(1)(a)
  9. LCRO 134/2019 NM v LL (23 October 2020) [PDF, 207 KB]

    Review / Committee declined to take further action on complaint / Waitangi Tribunal claim / complaint lawyer did not provide client file to complainant and did not have authority to act / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 4.4 / rule 4.4.1 / HELD / no breach of rule 4.4.1 / complainant not entitled to require uplift of file as they were not a client / Committee’s decision confirmed but modified to record any further action on complaint is unnecessary or inappropriate / section 211(1)(a)
  10. LCRO 29/2019 HM v PL (22 October 2020) [PDF, 189 KB]

    Review / Committee found unsatisfactory conduct / estate matter / complaint lawyer did not treat complainant with respect and courtesy or promptly answer requests for information, and failed to disclose documents / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 7 / rule 7.2 / rule 9.4 / second complaint / HELD / respect and courtesy, and requests for information complaints determined in first complaint / no breach of rule 7 / complainant was not lawyer’s client / no breach of rule 9.4 / lawyer not able to provide estimate / Committee’s decision reversed as to unsatisfactory conduct findings, otherwise confirmed / section 211(1)(a)
  12. LCRO 55/2020 MY v KA (5 October 2020) [PDF, 182 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer misspelt client’s name on title and did not follow instructions to correct mistake / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11 / Lawyers and Conveyancers Act 2006, section 137 / section 138 / complainant asked to withdraw complaint / HELD / complainant’s wishes on progressing complaint not determinative / when complainant asks to withdraw complaint, Committee’s role is to weigh request against public interest requirements / breach of rule 3 / failed to act in a timely way to correct mistake and disregarded instructions to do so / breach of rule 11 / responses to complaint and inquiry failed to preserve reputation of legal profession / Committee’s decision modified as to scope of rule 11 breach, otherwise confirmed / section 211(1)(a)
  13. LCRO 24/2019 UC v SO (30 September 2020) [PDF, 156 KB]

    Review / Committee found unsatisfactory conduct / criminal proceedings / complaint lawyer did not return memory stick and did not give invoice for cash payment of fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4A / rule 14.2 / rule 14.10 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / Skagen v Wellington Standards Committee [2016] NZHC 1772 / HELD / breach of rule 3.4A / no evidence terms of engagement provided / breach of rule 14.2(e), rule 14.10, and regulations 9 and 10 / no evidence invoices sent / memory stick complaint resolved by Disputes Tribunal / Committee’s decision confirmed but modified to conditionally increase fine / section 211(1)(a)
  14. LCRO 5/2020 AJ v BN (30 September 2020) [PDF, 263 KB]

    Complaint / Committee declined to take further action on complaint / conveyancing transaction / complaint lawyer failed to advise on land covenants, did not act in a timely manner and did not promptly address internal complaint / Burgess v Tait [2014] NZHC 2408 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.8 / rule 5.11 / rule 7 / rule 7.1 / HELD / breach of rules 3, 7 and 7.1 / lawyer admitted they failed to advise about land covenant / however, breaches do not call for a disciplinary sanction / no professional standards issue with internal complaint process / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 104/2020 LN v RT (30 September 2020) [PDF, 127 KB]

    Complaint / Committee declined to take further action on complaint / family proceedings / complaint opposing party’s evidence was incomplete and lawyer provided false certificate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 12 / HELD / lawyer obliged to protect and promote their client’s interests / materials suggest that court was satisfied with opposing party’s affidavit / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 158/2018 YCH v TSR (30 September 2020) [PDF, 396 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer administered estate to benefit one beneficiary, and provided beneficiaries with advice when their interests conflicted / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 6.1.2 / rule 12 / Hartlepool v Basildon LCRO 79/2009 / Sadler v Public Trust [2009] NZCA 364 / Hansen v Young [2004] 1 NZLR 37 (CA) / HELD / lawyer objectively advised beneficiaries until recommending they obtain independent legal advice / breach of rules 6 and 6.1 / realised estate asset to the benefit of one beneficiary / breach of rule 12 / did not keep other beneficiaries informed of progress on realising estate / Committee’s decision modified to reduce fine, reversed as to fee refund / Committee directed to reconsider whether entire fees fair and reasonable / section 211(1)(a)
  17. LCRO 72/2020 ZW v CB (29 September 2020) [PDF, 204 KB]

    Complaint / Committee declined to take further action on complaint / civil dispute / complaint lawyer was incompetent, provided negligent advice, breached duty of care, and provided poor service / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / HELD / lawyer provided competent representation throughout retainer / advised on options and kept complainant informed / fees fair and reasonable having regard to relevant fee factors / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 162/2018 BQ v XR (29 September 2020) [PDF, 267 KB]

    Review / Committee found unsatisfactory conduct / relationship property matter / complaint lawyer unnecessarily edited settlement agreement and provided incompetent advice / fee complaint / Property (Relationships) Act 1976 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / Hunstanton v Cambourne LCRO 167/2009 / HELD / breach of rules 9 and 9.1 / significant amount of work billed neither productive nor necessary / little achieved when retainer terminated / unsatisfactory conduct found pursuant to sections 12(a) and 12(c) / Committee’s decision confirmed but modified to reduce fee reduction / section 211(1)(a)
  19. LCRO 63/2020 SJ - Application for review of a prosecutorial decision (28 September 2020) [PDF, 124 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of permitting another lawyer to operate practice using lawyer’s trust account in breach of certificates / FF v Wellington Standards Committee LCRO 23/2011 / Orlov v New Zealand Law Society [2013] NZCA 230 / HELD / matter needs to be considered in forum appropriate for issues / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 16/2020 PF v VJ (22 September 2020) [PDF, 243 KB]

    Review / Committee declined to take further action on complaint / franchise dispute / complaint opposing lawyer falsely issued and improperly served notice of breach, delayed responding, and made personal remarks / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / rule 12 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / complaint about notice of breach is a contractual dispute for the courts, complaints process is not an alternative forum / notice of breach served directly on represented complainant in compliance with exception at rule 10.2.6 / no evidence of disrespectful correspondence / no delay in responding / no special circumstances to inquire into fee complaint / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 182/2017 TP v ZN (14 September 2020) [PDF, 414 KB]

    Review / Committee found unsatisfactory conduct / civil proceedings and insurance settlement / complaint lawyer provided inadequate client care information, supervised incurring expert witness expenses without instructions, continued to negotiate settlement against instructions, and disclosed privileged information / Lawyers and Conveyancers Act 2006, section 209 / section 333 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 7.1 / rule 8 / rule 8.1 / rule 8.3 / rule 9.8 / rule 9.10 / rule 13.3 / HELD / breach of rule 3.4 / client care information wrong / breach of rules 8, 8.1 and 13.3 / instructing experts is a significant decision for rule 13.3, but responsible lawyer was not disciplined by Committee so adverse finding reversed / lawyer disclosed instructions to court and continued negotiations with insurer against instructions / unsatisfactory conduct found pursuant to s 12(c) / Standards Committee directed to reconsider complaints about …
  23. LCRO 18/2020 MP v LT (31 August 2020) [PDF, 202 KB]

    Review / Committee declined to take further action on complaint / civil proceedings / complaint lawyers’ fees exceeded estimate and award did not merit expenditure / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / rule 9.4 / HELD / fee quickly exceeded estimate / instructions changed after estimate / Committee did not adequately address whether complainant should have been informed of escalating fees / lawyer named as party in complaint did not render invoice / Committee directed to reconsider which lawyer should be the subject of complaint, whether information on escalating fees was required, and a fair and reasonable fee amount / section 209 / Committee’s decision reversed / section 211(1)(a)
  24. LCRO 210/2018 RF v TG (27 August 2020) [PDF, 231 KB]

    Complaint / Committee found unsatisfactory conduct / employment proceedings / complaint lawyer’s representation incompetent and fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / LCRO 262/2014 (28 June 2018) / Auckland Standards Committee 3 v Castles [2013] NZLCDT 53 / McGuire v New Zealand Law Society [2017] NZHC 2484 / Vallant Hooker & Partners v Toothill HC Auckland CIV-2009-404-1895, 4 September 2009 / Chean v Luvit Foods International Ltd HC Auckland CIV 2006-404-1047, 7 June 2006 / HELD / complaints process does not closely scrutinise each litigation decision / breach of rule 9 / lawyer should have formed view at outset as to prospects and costs / no evidence lawyer advised costs could exceed any award or of Calderbank offer meaning / fee calculated by reference to time recorded / no measured assessment of whether fee was reasonable / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [PDF, 212 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation lawyer sent message enabling contractor to avoid GST and income tax obligation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / HELD / current own motion inquiry, arising out of a previous determination that did not consider the matter, is not an abuse of process or relitigation of the issue / review application of previous determination did not make findings on the issue / review of prosecutorial discretion involves LCRO considering fairness of the substance and process of Committee’s determination / Committee’s decision confirmed / section 211(1)(a)