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1424 items matching your search terms

  1. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [PDF, 335 KB]

    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)
  2. LCRO 123/2018 RA v [Area] Standards Committee (24 April 2019) [PDF, 184 KB]

    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)
  3. LCRO 024/2018 NN v AE (23 April 2019) [PDF, 213 KB]

    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)
  4. LCRO 55/2018 ND v RS (18 April 2019) [PDF, 105 KB]

    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)
  8. LCRO 70/2018 AR v NM (10 April 2019) [PDF, 212 KB]

    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)
  9. LCRO 234/2017 and 172/2018 YA and XB v WD and VS (9 April 2019) [PDF, 242 KB]

    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)
  10. LCRO 134/2018 AH v NR (7 April 2019) [PDF, 200 KB]

    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)
  12. LCRO 35/2018 MR v GB (4 April 2019) [PDF, 266 KB]

    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)
  14. LCRO 197/2017 SM v HW (29 March 2019) [PDF, 293 KB]

    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)
  17. LCRO 238/2017 VQ v CAR LIMITED (28 March 2019) [PDF, 271 KB]

    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)
  21. LCRO 120/2017 ML v NM (19 March 2019) [PDF, 176 KB]

    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)
  22. LCRO 195/2017 LH v SR and HP (19 March 2019) [PDF, 229 KB]

    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)
  23. LCRO 108/2016 WJ v FM (19 March 2019) [PDF, 146 KB]

    Review / Committee found unsatisfactory conduct / property purchase / lawyer also acting for vendor / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / rule 6.1.2 / Farrington v Rowe McBride & Partners [1985] 1 NZLR 83 (CA) / Taylor v Schofield Peterson [1999] 3 NZLR 434 (HC) / conflict of interest / whether lawyer had informed consent to act / HELD / lawyer did not obtain consent to act / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 20/2016 LC and CM v JP (19 March 2019) [PDF, 238 KB]

    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)
  25. LCRO 185/2017 DO v DP (18 March 2019) [PDF, 237 KB]

    Review / Committee found unsatisfactory conduct / sale of property / repayment of loan / complaint lawyer did not obtain consent to repay loan / Lawyers and Conveyancers Act 2006, section 110(1)(b) / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 12(6) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Hansen v Young [2004] 1 NZLR 37 (CA) / Heslop v Cousins [2007] 3 NZLR 679 (CA) / AW v ZK LCRO 230/2012 (28 March 2014) / scope of instructions / lawyer as trustee / HELD / lawyer did not obtain instructions to repay the loan / Committee’s decision confirmed / section 211(1)(a)