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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)
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)
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)
Complaint / Committee found unsatisfactory conduct / respondent instructing solicitor in proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / provision of information / aiding breach of rules / HELD / retainer before rules in effect / Committee’s decision modified / section 211(1)(a)
Date of Decision: 20 December 2017.
Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act section 198 / KX v WA LCRO 84/2012 (30 April 2012) / jurisdiction / application out of time / 30-day time limit / HELD / Office has no jurisdiction
Complaint / Committee declined to take further action on complaints / dispute over estate management / dispute over fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 4.2.3 / rule 9.1 / HELD / fees fair and reasonable / conduct competent / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / applicant not client of respondent / mortgagee auction / respondents comments over lease / misleading and deceptive conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 11.1 / HELD / rule 11.1 directed at business aspects of practice / comments accurate reflection of position / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 11.3 / failure to supervise / HELD / no failure to supervise / conduct occurred before 1 August 2008 / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint about fees / complaint about representation / complaint respondent acted without practicing certificate / Lawyers and Conveyancers Act 2006 section 6 / Property (Relationships) Act 1976 section 21F/ HELD / applicant appropriately represented / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / respondent appointed by court / power of attorney / complaint over comments made by respondent / complaint over how respondent handled matters / HELD / Office not appropriate forum for concerns / comments do not raise issues / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / own motion investigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.10 / rule 10 / rule 11 / natural justice / predetermination / HELD / own-motion outcome predetermined / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / improper motive / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / respondent misled Tribunal / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / improper motive / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 29 November 2017
Date of Decision: 28 November 2017
Complaint / Committee found unsatisfactory conduct for respondent / respondent acted for applicant in litigation / excessive fees / fee agreement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / HELD / fees excessive / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / respondent acted for applicant in litigation / complaint litigation conducted incompetently / complaint applicant treated discourteously / complaint applicant ignored Judge’s order / excessive fees / HELD / representation was competent / applicant treated courteously / discovery issues not sufficiently grave to merit sanction / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / applicant acted for respondents / summary judgment sought for fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.1 / rule 13.5 / rule 13.5.3 / rule 11 / rule 4.4.1 / rule 2.3 / independence in litigation / lien over files / misleading conduct to court and costs assessor / HELD / breach of rule 13.5 and 13.5.3 / applicant mistaken in view of lien / breach of rule 4.4.1 reversed / cost assessor not mislead / court not mislead / Committee’s decision modified / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / delay by respondent resulting in bankruptcy of applicant / respondent fined / applicant sought compensation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 5.11 / HELD / respondent accepts breach of rule 5.11 / respondent voluntarily paid compensation / Committee’s decision modified / section 211(1)(a)
Complaint / Committee referred matter to the NZLCDT / failure to terminate retainer / failure to account for trust money / acting without instructions / Zhao v The Legal Complaints Review Officer [2016] NZHC 2622 / Orlov v New Zealand Law Society [2013] NZCA 230, [2013] 3 NZLR 562 / HELD / Standards Committee not required to give reasons for referral / no concern over process followed / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / dispute over estate / respondent acted for executor / advice of respondent led to dispute / duties owed to inform others of entitlement / HELD / respondent owed duties to executor / respondent transferred shares in land when requested / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / dispute over insurance remediation / respondent acted for insurers / experts conference held / complaint alleges fraud / Zhao v The Legal Complaints Review Officer [2017] NZHC 1561 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.4 / alleged fraud of respondent / HELD / respondent advancing clients’ interests / no evidence of fraud / Committee’s decision confirmed / section 211(1)(a)