Ministry of Justice

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/ 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)

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)

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lawyer also ordered to apologise to respondent / unprofessional for lawyer to be involved in attempts to have complaint withdrawn / Committee’s decision confirmed / section 211(1)(a)

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)

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)

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 / 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 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)

Complaint / Committee declined to take further action on complaint / property purchase / authority to release deposit / complaint lawyer released deposit without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 6.1 / rule 10 / rule 10.1 / respect and courtesy / whether lawyer obtained informed instructions from both clients / HELD / lawyer failed to obtain informed consent / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / residence visa application / partner of client passed away / applicant not client of respondent / complaint that respondent is responsible for death / HELD / no link between visa application and death / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / debt recovery / preparation of statutory demand / complaint lawyer did not provide required information / fee complaint / did not protect client’s interests / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5  / rule 9 / rule 10.1 / whether lawyer provided a quote for fees / whether debt was undisputed / HELD / lawyer had a duty not to mislead the court / no evidence that lawyer provided a quote / fees fair and reasonable / lawyer failed to provide information in advance / Committee’s decision confirmed / section 211(1)(a)