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Complaint / Committee declined to take further action on complaint / property purchase / cancellation of contract / complaint lawyer did not act in a timely manner / HELD / applicant not client of lawyer / application for review struck out / complaint discloses no reasonable cause of action against lawyer / section 205(1)(a)
Review / Committee found unsatisfactory conduct / property purchase / vendor’s escape clause / agreement cancelled / failure to act competently / failure to act in a timely manner failure to advise client / failure to assist client’s in finding new representation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.4 / rule 5.4 / rule 6 / Sandy v Khan LCRO 181/2009 (25 December 2009) / compensation for anguish and anxiety / HELD / compensation for anguish and stress reduced / Committee’s decision otherwise confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property purchase / lawyer terminated retainer without good cause / acted unprofessionally / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 4.2.1 / whether Committee’s supervision order correct / whether Committee’s processes fair / HELD /no issues with Committee’s processes / lawyer did not have good cause to terminate retainer / lawyer otherwise acted competently / supervision order reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / lawyer acted for applicant’s mother / complaint client did not have capacity to instruct lawyer / lawyer refused to supply files / Protection of Personal and Property Rights Act 1988 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 8 / Scott v Wise [1986] 2 NZLR 484 (CA) / Re “Tony” (1990) 5 NZFLR 609 (FC) / Carrington v Carrington [2014] NZHC 869, [2014] NZFLR 571 / duty of confidence / HELD / Office cannot determine whether client had capacity / lawyer must hold client’s information in confidence / no jurisdiction to consider complaint / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / own motion investigation / lawyer failed to produce records / Lawyers and Conveyancers Act 2007, section 147 / section 262 / whether lawyer required to retain documents / duty to cooperate with Committee / HELD / lawyer did not obstruct Committee’s investigation / lawyer no longer had access to some records / Committee directed to reconsider failure to retain records / Committee’s decision otherwise reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of property / termination of retainer prior to settlement / complaint lawyer failed to cancel sale agreement / threatened to make a professional complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 5.11 / rule 10 / Burgess v Tait [2014] NZHC 2408 / whether threat made for an improper purpose / duty to maintain proper standards of professionalism / HELD / threat made for improper purpose / breach of rule 2.3 / breach of rule 2.7 / conduct not deserving of a disciplinary sanction / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / dispute with council / lawyer provided report to council / applicant not client of respondent / complaint that lawyer’s conduct was misleading and deceptive / disclosed privileged information / disclosed private information / HELD / lawyer’s duties owed to the council / applicant was represented by counsel / information disclosed by applicant not confidential / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / complaint about lawyers conduct in a previous complaint / complaint lawyers made misleading submissions / FC v RU LCRO 273/2012 (11 July 2014) / whether complaint is the same as first complaint / HELD / lawyers were not misleading / complaint an attempt to relitigate previous complaint / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer failed to follow instructions / whether lawyer told client to lie / duty to inform client of legal aid eligibility / HELD / lawyer followed client’s instructions / client not eligible for legal aid / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / lawyer sent letter to applicant / complaint letter lacked respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / HELD / lawyer acting under client’s instructions / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint/ relationship property dispute / notice of claim on property / complaint lawyer acted when client did not have capacity / failed to communicate / Protection of Personal and Property Rights Act 1988 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Scott v Wise [1986] 2 NZLR 484 (CA) / Re “Tony” (1990) 5 NZFLR 609 (FC) / Carrington v Carrington [2014] NZHC 869, [2014] NZFLR 571 / whether enduring power of attorney revoked / presumption of competence / respect and courtesy / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction as to whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
Complaint / two complaints / Committee declined to take further action on first complaint / Committee found unsatisfactory conduct on second complaint / administration of estate / first complaint, fees charged / second complaint, lawyers failed to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9.1 / HELD / fees fair and reasonable / Committee’s decision confirmed / delays due to complaints process / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of business / lawyer failed to honour undertaking / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / Auckland Standards Committee 3 of New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / whether lawyer had control over undertaking / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction on whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
Date of orders: 5 April 2019
Review / Committee found unsatisfactory conduct / complaint about costs of estate administration / complaint about lawyer’s conduct during the complaints process / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 10.1 / rule 10.2 / communication with represented person / HELD / lawyer also ordered to apologise to respondent / unprofessional for lawyer to be involved in attempts to have complaint withdrawn / Committee’s decision confirmed / section 211(1)(a)
Review of Committee’s decision to prosecute / sale and purchase of property / conflict of interest / FF v Wellington Standards Committee 2 LCRO 23/2011 (27 September 2011) / PA v Standards Committee LCRO 267/2014 (20 June 2015) / Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 / HELD / no basis to interfere with Committee’s decision / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / transfer of company shares / lawyer had previously worked at a firm engaged by complainant / complaint lawyer had conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8 / rule 8.1 / rule 8.7 / acting against a former client / duty to protect confidential information / whether lawyer was aware of Family Court proceedings / HELD / lawyer transferred shares without informing applicant / lawyer was aware of other proceedings / lawyer could not act against a former client / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / Lawyers and Conveyancers Act 2006, section 351(2) / jurisdiction to hear complaint / HELD / conduct occurred more than six years before 1 August 2008 / repeat of a previous complaint / no jurisdiction to consider complaint / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property purchase / complaint lawyer failed to advise applicants on GST provisions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / zero rated GST / whether lawyer instructed about GST issues / HELD / lawyer had obligation to advise client on GST matters / duty to explain transaction to client / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property dispute / applicant agreed to cover lawyer’s fees / lawyer issued second invoice and increased fee / fee complaint / Goods and Services Tax Act 1985, section 24(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / whether lawyer had issued a new invoice / whether Committee had breached natural justice / HELD / fee complaint resolved through mediation / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / dispute between directors / complaint lawyer threatened applicants / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / whether threat made for an improper purpose / HELD / lawyer’s comments reasonable and not threats / no improper purpose / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / immigration advice / complaint lawyer’s advice inadequate / HELD / lawyer provided competent advice / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / complaint lawyer declared agreement unconditional without instructions / whether lawyer advised client about agreement / HELD / lawyer acted on client’s instructions / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / preparation of will / dispute over mental capacity / lawyer took instructions under a power of attorney / did not respond to request to uplift files / complaint lawyer acted without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 8.7.1 / whether lawyer acted after retainer terminated / HELD / reasonable for lawyer to assume client did not have capacity / Office cannot determine whether client had capacity / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / preparation of wills / instructions withdrawn / complaint lawyer acted without instructions / did not act in a timely manner / did not provide documents upon request / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 4 / rule 4.4.1 / rule 7.2 / rule 9 / Groom v Crocker [1939] 1 KB 194 (CA) / whether lawyer can assert a lien over files / whether lawyer’s retainer had been terminated / HELD / lawyer had no right to assert a lien over client’s files / lawyer obliged to release documents on request / failed to act on instructions in a timely manner / Committee’s decision confirmed / section 211(1)(a)