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1414 items matching your search terms

  1. LCRO 138/2015 AZ, VY and CX v DW and EV [PDF, 260 KB]

    Complaint / Committee found unsatisfactory conduct / complaint lawyer inadequately supervised / fee complaint / failure to advise / complaint about conduct of litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 4.4.2 / rule 4.4.4 / rule 9 / rule 11.3 / rule 13.4 / rule 14.13 / rule 14.15.3 / failure to transfer files / failure to carry out work on files / alternatives to litigation / HELD / no failure to supervise lawyer / work ceased due to non-payment of fees / no undertaking to pay firms fees / Committee’s decision reversed / section 211(1)(a)  DT(OV)
  2. LCRO 57/2014 IW v PP [PDF, 279 KB]

    Complaint / Committee found unsatisfactory conduct / fee complaint / Committee ordered fee reduction / review only of unsatisfactory conduct / both parties support reversing of unsatisfactory conduct / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / Maguire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / fees already refunded / views of complainant relevant / no broader issues arise / Committee’s decision reversed / section 211(1)(a)  RM (RH)
  5. LCRO 164/2014 WN and JM v SG [PDF, 352 KB]

    Complaint / Committee found unsatisfactory conduct / complaint about will / probate need to be granted in UK / exceeded quoted fees / service not timely or competent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7.1 / rule 7.2 / scope of retainer / duty to keep client informed / HELD / scope of retainer did not cover UK probate / fees reasonable and in line with estimate / service not timely / client not kept informed of progress / no conduct issues in regards to junior lawyer / senior lawyer censured / Committee’s decision modified / section 211(1)(a)  RM
  6. LCRO 174/2017 DN v CI [PDF, 328 KB]

    Complaint / Committee declined to take further action on complaints / purchase of business / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / rule 6 / Z v Dental Complaints Assessment Committee  [2008] NZSC 55, [2009] 1 NZLR 1 / act competently / following instructions / protecting client’s interests / HELD / insufficient evidence respondent incompetent / failure to follow instructions / Committee’s decision confirmed / section 211(1)(a) 
  8. LCRO 57/2017 SD v WP [PDF, 182 KB]

    Complaint / Committee declined to take further action on complaints / Property (Relationships) Act 1976, section 21J / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / rule 6 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / duty to act competently / duty to follow instructions / duty to inform / duty to ensure client understands risks / HELD / insufficient evidence / Committee’s decision confirmed / section 211(1)(a) 
  12. LCRO 21-2017 AJ v AK [PDF, 298 KB]

    Complaint / Committee found unsatisfactory conduct / respondent acted for applicant in relationship property dispute / Lawyers and Conveyancers Act 2006 section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 4.2 / rule 10.3.2 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Gilbert v Shannahan [1998] 3 NZLR 528 (CA) / fixed fee retainer / failure to seek clarifying orders / stakeholder of funds in trust account / obligation to pay money / HELD / no breach of section 110 / retainer not terminated / retainer covered clarifying orders / Committee’s decision modified / section 211(1)(a) 
  13. LCRO 38-2015 PF v MF [PDF, 222 KB]

    Complaint / Committee declined to take further action on complaints / complaint lawyer made threats / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.3 / rule 10.1 / rule 14.13 / rule 14.15.3 / method of serving documents / respect and courtesy barrister’s intervention rule / refusal to accept service / discovery undertaking / HELD / no undertaking provided to court /  no issues with personal service / breach of rule 2.3 / lawyer required to accept service / Committee’s decision reversed / section 211(1)(a) 
  14. LCRO 124-2014 SM v TK [PDF, 236 KB]

    Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lien over passport / HELD / passports property of government / no right to assert lien / Committee’s decision confirmed / section 211(1)(a) 
  16. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [PDF, 292 KB]

    Review / Committee required production of a letter / Evidence Act 2006 section 51 / Lawyers and Conveyancers Act 2006 section 151 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.7 / Without Prejudice privilege / B v Auckland District Law Society [2004] 1 NZLR 326 (PC) / Complaints Assessment Committee v Medical Practioner’s Disciplinary Tribunal [2006] NZSC 48, [2006] 3 NZLR 577 / Cutts v Head [1984] Ch 290 (CA) / Unilever PLC v Proctor and Gamble Co [2000] 1 WLR 2436 (CA) / HELD / Committee can require production of “without privilege” communication / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 159/2017 YB v WD [PDF, 147 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / private sale / heat smart loan / complaint respondent did not advise on the loan / complaint over delays in response / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7 / rule 7.1 / HELD / no evidence on loan advice / applicants did not request a LIM / response delays reasonable / Committee’s decision confirmed / section 211(1)(a) 
  23. LCRO 126/2013 MZ v JK [PDF, 128 KB]

    Complaint / Committee found respondent’s conduct unsatisfactory / breach of undertaking / delay in response / not disclosing email / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 10 / rule 10.1 / rule 10.3 / rule 11.1 / breach of undertaking / misleading and deceptive conduct / HELD / undertaking unclear / no undertaking / rule 11.1 does not apply / delays not unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
  24. LCRO 139/2017 ML v OP QR [PDF, 290 KB]

    Complaint / Committee declined to take further action on complaints / respondent acted for applicant in property sale / fees complaint / complaint fees deducted from funds without authorisation / Lawyers and Conveyancers Act 2006 section 110(1)(b) / section 113(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / rule 9.3 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Heslop v Cousins [2007] 3 NZLR 679 (CA) / Shand v MJ Atkinson Ltd (in liq) [1966] NZLR 551 (CA) / A v Z LCRO 40/2009 (29 May 2009) / lien over funds / authority to deduct fees / HELD / fees fair and reasonable / no authority to deduct fees / no lien over funds / funds held for particular purpose / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a) 
  25. LCRO 43/2016 XZ v QW [PDF, 209 KB]

    Complaint / Committee declined to take further action on complaints / fee estimate / overcharged fees / incompetent advice / applicant not informed about risks / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7.1 / rule 9.1 / rule 9.4 / Milnathort v Rhayader LCRO 140/09 (23 November 2009) / HELD / applicant kept informed / advice competent / fees fair and reasonable / estimate not required / Committee’s decision confirmed / section 211(1)(a)