You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.
Helpful search tips:
1370 items matching your search terms
Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer did not properly advise client / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / applicant properly advised by lawyer / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / sale of property / relationship property dispute / complaint lawyer had a conflict of interest / lacked respect and courtesy / was not competently supervised and managed / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 8.7.1 / Sandy v Kahn LCRO 181/2009 (25 December 2009) / AD v ZX LCRO 87/2010 (14 December 2010) / Black v Taylor [1993] 3 NZLR 403 (CA) / GBR Investment Ltd v Keung HC Christchurch CIV-2009-409-1486, 19 March 2010 / duty of confidence / HELD / insufficient information provided to Committee / not possible to determine issues / Committee directed to reconsider complaint / section 209 / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer did not properly advise client / did not act competently or with care / did not develop a case strategy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / lawyer acted in timely manner / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer had a conflict of interest / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / whether applicant had received independent advice / HELD / applicant not client of lawyer / applicant received independent advice / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sales of shares / liquidation of company / applicant not client of lawyer / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / whether lawyer obtained informed consent to act for both parties / HELD / lawyer did not obtain informed consent to act for both parties / both parties were the same person / further action not appropriate / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / disciplinary complaint / complaint lawyer did not treat applicant with respect and courtesy / development failed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / proper standards of professionalism / HELD / comments not shared with others / comments were opinion / not possible to reach a view / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / development failed / second complaint / R (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1, [2011] 2 AC 146 / Rae v International Insurance Brokers (Nelson Marlborough Ltd) [1998] 3 NZLR 190 (CA) / whether applicant had any new evidence to justify reopening the complaint / HELD / new evidence not strong enough to justify reopening complaint / applicant not client of lawyer / limited duties owed to applicant / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of shares / complaint lawyer has conflict of interest / Lawyers and Conveyancers Act 2006, section 156(1)(d) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6.1 / rule 6.1.1 / rule 7 / rule 8.7 / rule 8.7.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / duty to disclose information to client / duty to obtain informed consent before acting / whether Committee should have ordered publication of the determination / whether Committee should have ordered compensation / HELD / conflict of interest as the interests of the parties were in competition / lawyer unable to keep information confidential between parties / unsatisfactory conduct / no link between lawyer’s acts and client’s loss / compensation not appropriate / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of property using power of attorney / complaint lawyer engaged in misleading and deceptive conduct about the status of an offer to purchase the property / HELD / lawyer was communicating decisions of the attorney / conduct not misleading or deceptive / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / purchase of property / agreement had clause regarding earthquake claims / complaint lawyer failed to check whether there were any earthquake claims / HELD / reasonable for lawyer to rely on information from vendor’s lawyer / allegations of negligence are for the court / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / dispute over covenant on land / respondents did not act for applicants / complaint lawyers made allegations of fraud without reasonable grounds / used legal the process for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10 / rule 13.8 / HELD / lawyers had good reason to advance allegation of fraud / no evidence that lawyers used legal process for improper purposes / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / applicant changed lawyers / applicant did not send files to new lawyers / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / whether authority to uplift documents included files / HELD / applicant acted on request to uplift documents without delay / request did not include files / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / leaky building litigation / dispute about appropriate forum for litigation / dispute about clause in litigation agreement / complaint lawyer did not act in a timely manner / did not give clear advice / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether lawyer should have salvaged litigation agreement / HELD / lawyer acted competently / litigation strategy was appropriate considering the law at the time / fees fair and reasonable / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / lawyer acted for client under grant of legal aid / complaint lawyer did not spend enough time on case / failed to follow instructions / HELD / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / vendor’s lawyer attempted to cancel sale / complaint respondent failed to advise vendor’s lawyer that conditions had been satisfied / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / HELD / lawyer acted in a timely manner and in accordance with instructions / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / administration of will / complaint applicant failed to uplift documents when requested by respondent’s lawyer / 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 4 / rule 4.1 / 4.4 / rule 4.4.1 / whether applicant instructed to act / whether there are special circumstances to consider fees less than $2,000 / HELD / assertion of lien over will unsatisfactory conduct / applicant had been instructed to act / fees fair and reasonable / Committee’s decision modified / section 211(1)(a)
Date of decision: 24 December 2018.
Complaint / Committee declined to take further action on complaints / preparation of will / applicant not client of lawyer / complaint that lawyer prepared will without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 8.4 / whether lawyer breached duty of confidence / HELD / no evidence that lawyer acted without seeking instructions / breach of confidence does not warrant a disciplinary response in the circumstances / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / agreement to sell property / refund of deposit / complaint lawyer refunded deposit without instructions / duties of stakeholders holding deposits / HELD / lawyer obliged to refund deposit / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / child support proceedings / complaint lawyer failed to follow instructions / failed to give competent advice / fee complaint / Lawyers and Conveyancers Act 2006, section 161 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 13.3 / Henderson Reeves Connell Rishworth Lawyers Ltd v Busch [2013] NZHC 3089 / Norris Ward McKinnon v Kaye [2016] NZHC 3089 / Simpson Grierson v Gilmour (2009) 16 PRNZ 865 (HC) / whether Disputes Tribunal claim to recover fees prevents Office considering a fee complaint / duties in litigation / HELD / Committee should have process for dealing with fee complaints lodged in other jurisdictions / lawyer acted reasonably and protected client’s interests / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / leaky building litigation / failure to discontinue District Court proceedings / failed to competently supervise and manage junior lawyers / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.3 / Watson v Watson (1990) 4 PRNZ 397 (HC) / SK and RM v GJ LCRO 36/2015 (14 December 2016) / HELD / lawyer was partner responsible for proceedings / duty to supervise and manage junior employees / failed to serve proceedings promptly / breach of rule 13.3 / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / settlement negotiation / complaint lawyer threatened media exposure of applicant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / whether threat made for an improper purpose / whether respondent threatened to use complaints process for improper purpose / SC v JT LCRO 382/2013 (30 June 2017) / HELD / threats made for an improper purpose / breach of rules 2.7 and 2.10 / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / estate dispute / complaint lawyer had not drafted the will properly / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 5 / rule 6 / rule 7.1 / rule 11.3 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / Woods v Legal Complaints Review Officer [2013] NZHC 674, [2013] NZAR 577 / Carr-Glynn v Frearsons [1999] Ch 326 (CA) / AG v ZT LCRO 159/2010 (18 February 2011) / ZK v XM LCRO 201/2017 (29 June 0218) / whether lawyer had explained effect of joint tenancy to client / whether lawyer acted for estate and beneficiary / HELD / lawyer had a duty to check the property’s title / unsatisfactory conduct / conflict of interest / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / formation of trust / failed to supervise legal executive / legal executive witnessed signatures on unprepared forms / complaint lawyer’s advice incompetent / Property (Relationships) Act 1976, section 18/ Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5 / rule 6 / rule 7.1 / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / provision of client care information / scope of retainer / HELD / lawyer failed to properly advise client / failed to provide client information / did ensure client understood retainer / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / applicant facing IRD charges / lawyers with necessary experience left the firm / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / Chean v Kensington Swan HC Auckland CIV-2006-404-1047, 7 June 2006 / whether respondents were responsible for setting fee / whether Committee identified the correct parties for the complaint / HELD / respondents not responsible for setting fees / Committee failed to identify correct parties / Committee’s decision reversed / section 211(1)(a)