You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.

Helpful search tips:

  • If you are looking for a specific decision with a forward slash in the title (eg, 123/2014), you will need to replace the forward slash with a space (eg, 123 2014), as the website cannot pick up on forward slashes (/) or any other characters.
  • If you are doing a keyword search (eg. misconduct), please note that this search will only produce decisions where the keyword appears in the title or decision description. If you want to search the entire decision document for certain keywords, you will need to use full website search located in the top right hand corner of this page.
  • If you want to search for a decision from a particular jurisdiction using the full website search, put both the jurisdiction name and the keyword in the search field (eg, LCRO misconduct).
Search results

1424 items matching your search terms

  1. LCRO 75/2017, 210/2017 and 212/2017 SW v HB (31 October 2018) [PDF, 425 KB]

    Review / Committee found unsatisfactory conduct against B / both B and O lawyers / employment dispute / complaint B used legal processes for improper purposes / lacked respect and courtesy / misled the court / complaint O communicated directly with B’s client / O used the complaints process for an improper purpose / Employment Court Regulations 2000, regulation 42 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / rule 13.1 / rule 13.2 / rule 13.3 / rule 13.9.3 / proper standards of professionalism / litigation tactics / HELD / B’s litigation tactics do not amount to bullying / no evidence that B’s conduct was inappropriate or that B made threats / no evidence that B used legal processes for improper purposes / B was acting on instructions / Committee’s decision reversed with regards to B’s conduct / Committee’s decision otherwise confirmed / section 211(1)(a)
  2. LCRO 10/2016 CT v WN (31 October 2018) [PDF, 255 KB]

    Complaint / Committee declined to take further action on complaint / ACC dispute / claim struck out / lawyer terminated retainer / complaint lawyer failed to follow instructions / failed to use critical information / Naysmith v Accident Compensation Corporation [2006] 1 NZLR 40 (HC) / EM v Accident Compensation Corporation [2015] NZHC 971, [2015] NZAR 909 / whether client provided lawyer with critical information / HELD / lawyer was acting on  client’s instructions / client did not provide lawyer with critical information / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 122/2018 ZQ v VX (30 October 2018) [PDF, 274 KB]

    Complaint / Committee declined to take further action on complaints / settlement of a business dispute / complaint lawyer did not protect their client’s interests / failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether agreement fit for purpose / HELD / agreement provided dispute resolution processes / representation competent / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 169/2017 NR v WP (30 October 2018) [PDF, 111 KB]

    Complaint / Committee declined to take further action on complaints / sale and purchase of property / complaint lawyer improperly registered a caveat against the title / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 13.2.1 / rule 13.9.1 / rule 13.9.4 / Moevao v Department of Labour [1980] 1 NZLR 464 (CA) / Ridehalgh v Horsefield [1994] Ch 205 (CA) / use of legal processes for improper purpose / abuse of process / HELD / lawyer was not acting for applicant / caveat lodged for proper purpose / no basis for complaint / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 195/2016 AJR v BKT (29 October 2018) [PDF, 159 KB]

    Complaint / Committee declined to take further action on complaints / liquidation of companies / lawyer instructed by liquidator / complaint that lawyer disclosed privileged or confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / rule 13.2.1 / rule 13.9.1 / rule 13.9.4 / discovery obligations / duty to treat others involved in the court process with respect / HELD / lawyer was not acting  for applicant / discovery involved large amounts of material / lawyer did not lack respect for applicant’s privacy / nothing more the lawyer could have done / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 47/2016 FD v QB (16 October 2018) [PDF, 164 KB]

    Complaint / Committee declined to take further action on complaints / will dispute / applicant estate beneficiary / complaint lawyer provided incorrect advice / incorrectly recorded time spent on file / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / third party duties / HELD / limited duties owed to third parties / applicant not a client of the lawyer / not entitled to know advice given to executors / no evidence to support allegations / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 58/2018 QD v FZ (12 October 2018) [PDF, 133 KB]

    Review / Committee found unsatisfactory conduct / lawyer acted for legally aided client / client terminated retainer / lawyer did not appear in court / Court required lawyer to seek leave to withdraw as counsel and an explanation their non-attendance / lawyer wrote a memorandum to the court highly critical of client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 13 / rule 13.8 / proper standards of professionalism / lawyer’s duty not to attack reputation / HELD / lawyer must inform the Court if the retainer is terminated / content of memorandum was not professional / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 42/2018 MF v Standards Committee (10 October 2018) [PDF, 262 KB]

    Review / Committee found unsatisfactory conduct / purchase of a property / clients used KiwiSaver funds / funds paid to clients / breach of undertaking given to bank / KiwiSaver Act 2006, schedule 1, rule 8 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / W v Auckland Standards Committee 3 of the New Zealand Law Society [2012] NZCA 401, [2012] NZAR 1071 / HELD / undertakings should be adhered to / funds should have been returned to the bank / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 66/2015 OB v FL (2 October 2018) [PDF, 191 KB]

    Complaint / Committee declined to take further action on complaints / administration of estate / dispute between executors / joint instructions / lawyer acted for the estate / complaint lawyer acted when there was a conflict of interest between executors / failed to provide a letter of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 6.1 / rule 9.1 / HELD / lawyer only acted on joint instructions  / lawyer’s duties were to the estate / lawyer voluntarily reduced fees / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 202/2015 BT v DG (1 October 2018) [PDF, 234 KB]

    Complaint / Committee declined to take further action on complaints / the client asked the lawyer for a legal opinion / complaint lawyer failed to follow instructions / lawyer did not have an instructing solicitor / whether Committee failed to investigate complaints / HELD / disagreement with a legal opinion not a ground for complaint / Committee investigated complaints / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 238/2015 NS v LO (28 September 2018) [PDF, 152 KB]

    Complaint / Committee declined to take further action on complaints / dissolution of business partnership / lawyer had acted for both partners / complaint of conflict of interest / use of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.1 / HELD / lawyer was not acting for applicant / applicant legally represented / disclosures made were not confidential information / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [PDF, 325 KB]

    Review / Committee found unsatisfactory conduct against NS and TD / NS and TD both lawyers / Family Court proceedings / NS had a conflict of interest when acting for multiple parties in the dispute / continued to act when evidence from former client was at issue in the proceedings / TD wrongfully disclosed information when making a complaint against NS / Evidence Act 2006, section 53 / section 57 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.8 / rule 2.9 / rule 6  / rule 6.1 / rule 6.1.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / use of privileged information / whether disclosure permitted / lawyers duty to report misconduct / HELD / conflict of interest as NS would unable to discharge all duties to clients / NS unable to challenge evidence without breaching duty of confidence to former client / TD able to fulfil duty to report misconduct without use of privileged material / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [PDF, 289 KB]

    Complaint / Committee declined to take further action on complaints / Family Court proceedings / complaint lawyer increased costs to applicants / acted incompetently / misled the Court / acted unprofessionally / sent an intimidating email to the applicants / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.2 / rule 6 / rule 10.2 / rule 13 / whether complaints put to lawyer / duty to third parties / respect and courtesy  / judicial criticism of lawyer / HELD / Committee put complaints to lawyer / lawyer failed follow timetabling instructions / lawyer made an unfounded attack on applicants / lawyer should not have directly contacted applicants / conduct unsatisfactory / Committee’s decision otherwise confirmed / section 211(1)(a)
  19. LCRO 60/2016 MO v Standards Committee (27 September 2018) [PDF, 174 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / renewals of mortgages without providing a property valuation / Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008, rule 13 / schedule 4, paragraph 8 / Auckland Standards Committee 2 v Burcher [2015] NZLCDT 47 / AP v ZG LCRO 278/2012 (14 March 2012) / BD v GA 186/2013 (5 May 2014) / whether a valuation was required upon renewal of the loan / HELD / renewal of a loan is the same as an investment / not all partners played a significant role in the nominee company / censure reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
  20. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [PDF, 175 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / renewals of mortgages without providing a property valuation / Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008, rule 13 / schedule 4, paragraph 8 / Auckland Standards Committee 2 v Burcher [2015] NZLCDT 47 / AP v ZG LCRO 278/2012 (14 March 2012) / BD v GA 186/2013 (5 May 2014) / whether a valuation was required upon renewal of the loan / HELD / Committee directed to address reasons why it did not proceed against all partners in the firm / renewal of a loan is the same as an investment / not all partners played a significant role in the nominee company / censure of second applicant reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
  22. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [PDF, 232 KB]

    Complaint / Committee declined to take further action on complaints / purchase of a business / complaint lawyer deducted fees from funds held by the lawyer / breach of confidentiality / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 10.3 / whether lawyer should have provided a new letter of engagement / use of a statutory demand / HELD / lawyer had an undertaking to disclose information /  / Committee directed to reconsider if fees fair and reasonable / Committee’s decision otherwise confirmed / section 211(1)(a)
  23. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [PDF, 314 KB]

    Review / Committee found unsatisfactory conduct / agreement to purchase property and for construction of a house / deposit held by stakeholder / deposit paid to builder / lawyer failed to recognise the nature of the undertaking given by the builder’s lawyer and seek clarification / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 7 / rule 7.1 / rule 7.2 / rule 10.3.2 / KD v WW LCRO 83/2011 (30 March 2011) / duty to advise clients and ensure they understand retainer / HELD / lawyer failed to respond to clients’ request for advice / builders lawyer did not give an undertaking / issues of contractual interpretation are matters for the court to consider / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 250+251/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
  25. LCRO 251+250/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.