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1414 items matching your search terms

  1. 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)
  2. 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    Review / Committee found unsatisfactory conduct / preparation of wills / instructions withdrawn / complaint lawyer acted without instructions / did not act in a timely manner / did not provide documents upon request / fee complaint / Lawyers and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)
  3. 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)
  4. 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)
  5. 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)
  8. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [PDF, 250 KB]

    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)
  9. LCRO 151/2017 NS v ET (12 March 2019) [PDF, 130 KB]

    Review / Committee found unsatisfactory conduct / ACC claim / lawyer was acting under legal aid / fee complaint / Real Estate Agents Act 2008, section 123 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.2 / rule 9.5 / whether client agreed to pay higher fees / duty to inform client of whether lawyer is prepared to work on legal aid / HELD / lawyer had a duty of care to vulnerable client / client did not agree to pay for work / fees not fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 173/2018 YN v LT (7 March 2019) [PDF, 186 KB]

    Complaint / Committee declined to take further action on complaint / complaint lawyer refused to act for applicant / did not treat applicant with respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 4 / rule 4.1 / rule 4.1.1 / rule 4.1.3 / whether lawyer had good cause to refuse instructions  / whether lawyer discriminated against applicant / HELD / no evidence that lawyer was discourteous or discriminated against the applicant / Committee direct to reconsider whether lawyer had good cause to refuse instructions / section 209(1)(a)
  13. LCRO 255/2016 WR v VB (4 March 2019) [PDF, 176 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer did not release funds as required / 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 / lawyer holding funds due to undertaking / lawyer must release funds as required by undertaking / no conduct issues arise / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 254/2016 WR v MH (4 March 2019) [PDF, 109 KB]

    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)
  15. LCRO 275/2016 KN v YL (4 March 2019) [PDF, 277 KB]

    Review / Committee found unsatisfactory conduct / accountancy firm / complaint lawyer was a principal of the firm / was not independent of the firm / Lawyers and Conveyancers Act 2006, section 7(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.5 / rule 5.9 / conflict of interests / whether lawyer sharing income with accountancy firm / HELD / insufficient evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 75/2016 XN and WN v VO (25 February 2019) [PDF, 242 KB]

    Complaint / Committee declined to take further action on complaint / property dispute / complaint lawyer obtained consent by deceit / used legal process for improper purpose / Lawyers and Conveyancers Act 2006, section 6 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11 / rule 11.1 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / EA v ABO LCRO 237/2010 (29 September 2011) / AB v AC LCRO 1/2017 (26 January 2018) / RK v LP LCRO 292/2011 (1 October 2012) / BU v DG LCRO 276/2011 (17 September 2013) / whether lawyer acting in personal capacity / HELD / lawyer acting in professional capacity / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 158/2015 PL v VD (21 February 2019) [PDF, 178 KB]

    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)
  20. LCRO 76/2018 HS v WA (19 February 2019) [PDF, 175 KB]

    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)
  21. LCRO 143/2017 AC v BT (19 February 2019) [PDF, 211 KB]

    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)
  23. LCRO 046/2018 HD v BK (18 February 2019) [PDF, 113 KB]

    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)
  24. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [PDF, 203 KB]

    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)
  25. LCRO 132/2018 PY v SD (15 February 2019) [PDF, 106 KB]

    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)