Ministry of Justice

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Review / Committee found unsatisfactory conduct / preparation of wills / instructions withdrawn / complaint lawyer acted without instructions / did not act in a timely manner / did not provide documents upon request / fee complaint / Lawyers and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)

Complaint / Committee declined to take further action on complaint / relationship property dispute / settlement offer / complaint lawyer used legal processes for improper purposes / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / lawyer did not attempt to use legal process for improper purpose / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / charging order placed on applicant’s property / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / fee below $2000 / HELD / no conduct issues arise / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / lawyer acted in employment dispute and criminal charges / 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 9 / AO v ZH LCRO 301/2011 (12 March 2014) / whether estimate provided / HELD / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / lawyer passed away / HELD / Office cannot comply with natural justice / applicant has remedies available elsewhere / further action not appropriate / section 138(1)(f) / section 211(1)(b)

Review / Committee found unsatisfactory conduct / contractual dispute / allegation of fraud / complaint applicant made a threat for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / rule 13.8.1 / SC v JT LCRO 382/2013 (30 June 2017) / threat to use complaints process for improper purpose / HELD / applicant threatened to use complaints process to gain advantage in litigation / breach of rule 2.10 / Committee’s decision confirmed / section 211(1)(a)

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 / 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)