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1392 items matching your search terms

  1. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [PDF, 436 KB]

    Review / Committee found unsatisfactory conduct / estate administration / jointly held property / lawyer acted for husband and wife / husband died / conflict of interest / failed to administer estate in timely manner / failed to act competently / Committee ordered publication of determination and lawyer’s name / Property (Relationships) Act 1976 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6.1 / rule 8.7.1 / public confidence in legal profession / consumer protection / disciplinary history / HELD / lawyer’s advice on estate administration wrong / could not act for estate and wife / conflict of interest / appropriate lawyer’s name is published / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [PDF, 192 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer deducted fees from trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / whether authority to deduct fees had been revoked / delay in issuing invoice / HELD / authority to deduct fees had not been revoked / delay in issuing invoice unsatisfactory / Committee’s decision modified / section 211(1)(a)
  4. LCRO 228/2016 SP v QH (27 June 2019) [PDF, 324 KB]

    Review / Committee found unsatisfactory conduct / preparation of will / lawyer failed to release client’s files to new lawyers in reasonable time / failed to render bill in reasonable time / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 9.6 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / whether delay in releasing files unreasonable / whether fees charged for work not done / HELD / delay of over a month unreasonable / fees charged for copying files unreasonable / unsatisfactory conduct / lawyer failed to act promptly on instructions / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [PDF, 314 KB]

    Complaint / Committee declined to take further action on complaint / arbitration clause dispute / complaint lawyer failed to act competently / fee complaint / Arbitration Act 1996, section 11 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / whether lawyer’s fees for copying files were unreasonable / HELD / lawyer acted competently / fees charged for copying files unreasonable / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
  6. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [PDF, 223 KB]

    Review / Committee found unsatisfactory conduct / relationship property proceedings / lawyer’s client was trust / failure to provide terms of engagement to all trustees / failure to report to all trustees / lawyer seeks review of orders / reverse brief / whether lawyer acting for applicant / whether applicant liable for fees / HELD / complainant was trustee / Office has no jurisdiction on questions of liability for fees / no evidence to support lawyer’s arguments on review / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 40/2018 RS v DL (27 June 2019) [PDF, 173 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer acted without instructions and breached privilege / Evidence Act 2006, section 54 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.4(g) / B v Auckland District Law Society [2004] 1 NZLR 326 (PC) / Complaints Assessment Committee v Medical Practitioners Disciplinary Tribunal [2005] 3 NZLR 447 (CA) / whether privilege has been waived / HELD / applicant waived privilege / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 78/2017 UT v HB (26 June 2019) [PDF, 346 KB]

    Complaint / Committee declined to take further action on complaint / preparation of will / will-maker died before signing new will / complaint lawyer failed to act in a timely manner / did not follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / Gertside v Sheffield, Young & Ellis [1983] NZLR 37 (CA) / Rosenberg Estate v Black (2001) ACWS (3d) (ONCJ) / whether lawyer followed up instructions with client / HELD / lawyer should have followed up with client / breach of rule 3 / breach of rule 7.1 / unsatisfactory conduct / no other conduct issues arise / Committee’s decision modified / section 211(1)(a)
  11. LCRO 246/2016 AS v NL (25 June 2019) [PDF, 170 KB]

    Review / Committee found unsatisfactory conduct / protection order and relationship property proceedings / lawyer seeks review of orders / barrister sole / did not have instructing solicitor / failed to provide required information prior to commencing retainer / failed to act in a timely and competent manner / did not issue invoices / breached trust account rules / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4A / rule 9.4 / rule 9.6 / rule 14.2(e) / rule 14.4 / whether fees fair and reasonable / HELD / lawyer charged fees for work not completed / lawyer ordered to refund fees / Committee’s decision otherwise confirmed / section 211(1)(a)
  12. LCRO 272/2016 XK v JB (24 June 2019) [PDF, 346 KB]

    Complaint / Committee declined to take further action on complaint / estate administration / instructions for new will / will-maker died before instructions carried out / lawyer failed to send invoice / did not act in a competent and timely manner / failure to file estate tax returns / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / administration of mortgage / HELD / lawyer acting for estate / lawyer administered mortgage correctly / lawyer should refund costs due to failure to file tax returns / Committee’s decision otherwise confirmed / section 211(1)(a)
  13. LCRO 243/2016 KE v HO (21 June 2019) [PDF, 272 KB]

    Review / Committee found unsatisfactory conduct / lawyer made allegations attacking reputation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.8 / rule 13.8 / obligation to report misconduct / whether lawyer had good cause to make allegations / trust account accuracy / HELD / lawyer had reasonable grounds to make allegations / risk lawyer could not meet obligations to both clients / breach of rule 6.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
  15. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [PDF, 219 KB]

    Complaint / Committee declined to take further action on complaint / sale of relationship property / lawyer instructed jointly / lawyer did not pay money from trust account / complaint lawyer had a conflict of interest and communicated directly with another lawyer’s client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 10.2 / lawyer as stakeholder of funds / whether lawyer could discharge duties to both clients / scope of retainer / informed consent / HELD / lawyer failed to gain informed consent from clients / risk lawyer could not meet obligations to both clients / breach of rule 6.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
  16. LCRO 28/2017 HK v TX (31 May 2019) [PDF, 205 KB]

    Complaint / Committee declined to take further action on complaint / sale of property / complaint  lawyer did not provide letter of engagement / failed to follow instructions / pressured client to agree to settlement / did not explain court orders / colluded with opposing counsel / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 5.1 / rule 8 / rule 10 / former lawyers / proper standards of professionalism / respect and courtesy / HELD / no evidence lawyer pressured client to sign settlement agreement / lawyer’s emails to opposing counsel unprofessional / distressing to client / breach of rule 3.1 and rule 5.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
  17. LCRO 82/2018 ZI v WS (30 May 2019) [PDF, 242 KB]

    Review / Committee found unsatisfactory conduct / relationship property dispute / notice of claim lapsed / review seeks compensation / lawyer failed to keep client informed / Lawyers and Conveyancers Act 2006, section 107(1) / section 156(1)(d) / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 32 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 10 / former lawyers / proper standards of professionalism / whether losses flowed from lawyer’s conduct / HELD / conduct rules binding on former lawyers / lawyer failed to make attempt to contact client / some duties continue after retainer terminated / client’s losses do not flow from lawyer’s failure / Committee’s decision modified / section 211(1)(a)
  19. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [PDF, 190 KB]

    Review / Committee found unsatisfactory conduct / private criminal prosecution / lawyer had previously acted for respondent / complaint lawyer had a conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7 / rule 8.7.1 / duty to protect confidential information / HELD / lawyer did not remember respondent / lawyer withdrew from acting when made aware of the conflict of interest / Committee’s decision reversed / section 211(1)(a)
  21. LCRO 68/2016 ZA v YB (23 May 2019) [PDF, 202 KB]

    Complaint / Committee declined to take further action on complaint / preparation of will / administration of estate / complaint lawyer failed to act competently / provide information on services / treat applicant with respect and courtesy / keep applicant informed / fee complaint / 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 3.4 / rule 3.5 / rule 7 / fees issued two years prior to complaint / HELD / Committee directed to reconsider competence and fee complaints / section 209(1)(a) / lawyer did not keep client’s informed / unsatisfactory conduct / no evidence to support other complaints / Committee’s decision modified / section 211(1)(a)
  22. LCRO 160/2016 ET v NE (23 May 2019) [PDF, 203 KB]

    Complaint / Committee declined to take further action on complaint / criminal conviction appeal / respondent is a barrister sole / payment of retainer / complaint respondent had failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 9.4 / rule 14.4 / whether lawyer provided fees estimate / intervention rule / duty to keep instructing lawyer informed of progress / HELD / no fee estimate provided / fees fair and reasonable / respondent’s advice competent / no evidence to support other complaints / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [PDF, 238 KB]

    Review / Committee found unsatisfactory conduct / property sale and purchase / agreement cancelled / law clerk acted on transaction / complaint lawyer wrongly declared agreement unconditional / failed to properly advise client / failed to keep client informed / failed to supervise employee / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11.3 / Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 / DV v LS and HS LCRO 91/2017 (19 December 2018) / HELD / lawyer failed to properly advise client on agreements / failed to supervise law clerk / Committee’s decision otherwise confirmed / section 211(1)(a)
  25. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [PDF, 160 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / management of trust account / providing false certificates to Law Society / misleading and deceptive conduct / failure to disclose how fees charged / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 3.4 / rule 11.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 6(3) / regulation 11(2) / regulation 11(3) / regulation 11(4) / regulation 16(4) / regulation 17(1) / whether Committee should make adverse comments about consultant / HELD / comments about consultant unwarranted / Committee’s decision modified / breach of trust account regulations unacceptable / lawyer failed to disclose how fees were charged / Committee’s decision otherwise confirmed / section 211(1)(a)