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1424 items matching your search terms

  2. 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)
  3. 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)
  5. 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)
  6. 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)
  8. 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)
  9. 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)
  10. 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)
  11. LCRO 202/2017 LO v RT (4 February 2019) [PDF, 173 KB]

    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)
  12. LCRO 74/2017 SD v TM (31 January 2019) [PDF, 218 KB]

    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)
  15. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [PDF, 286 KB]

    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)
  17. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [PDF, 320 KB]

    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)
  19. LCRO 246/2013 YM v RD (7 January 2019) [PDF, 221 KB]

    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)
  20. LCRO 92/2016 ZA v YB (7 January 2019) [PDF, 234 KB]

    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)
  22. LCRO 168/2017 AH v OS and VI (21 December 2018) [PDF, 218 KB]

    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)
  24. LCRO 20/2017 AP v RE (20 December 2018) [PDF, 243 KB]

    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)
  25. LCRO 91/2017 DV v LS and HS (19 December 2018) [PDF, 415 KB]

    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)