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1370 items matching your search terms

  1. LCRO 054/2017 VM v CR (31 July 2017) [PDF, 176 KB]

    Complaint / Committee declined to take further action on complaint / relationship property dispute / client complained about fees / fees held to be fair and reasonable / lawyer commenced proceedings to recover fees / complaint that lawyer breached agreement not to commence proceedings / Auckland Standards Committee 3 of the New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / whether lawyer breached undertaking not to commence proceedings / HELD / Committee and LCRO do not have the power to order a lawyer to withdraw proceedings / undertaking not provided / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [PDF, 253 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / liquidation of companies / lawyer acting for client and clients parents / conflict of interests / failure to ensure parties had independent legal advice / inadequate terms of engagement  / poor communication / failure to confirm instructions / fees not fair and reasonable / breach of  Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 7 / rule 7.1 / rule 11.3 / whether client was agent of parents / HELD / act has focus on consumer protection / lawyer should have communicated directly with parents / fees not fair and reasonable / publication ordered / Committee’s decision otherwise modified / section 211(1)(a)
  3. LCRO 60/2017 NV v GW (31 July 2017) [PDF, 191 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / mediated settlement / lawyer had not initially acted for client / complaint lawyer had not acted in clients best interests / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 9 / rule 9.4 / whether fee estimate had been provided / HELD / lawyer acted according to instructions / estimate not provided / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 099/2016 IJ v KL (28 July 2017) [PDF, 225 KB]

    Complaint / Committee declined to take further action on complaints / relationship property agreement / complaint lawyer failed to follow instructions / failed to keep client informed / withheld correspondence / fee complaint / Lawyers and Conveyancers Act 2006, section  110(1)(b) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / HELD / fees fair and reasonable / lawyers acting on clients instructions / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 247/2015 TL v CS (19 July 2017) [PDF, 240 KB]

    Review / Committee found unsatisfactory conduct / debt recovery proceedings / disclosure of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7.1 / whether personal characteristics is confidential information / duties to former clients / HELD / lawyer had not acted for former client for many years / any insights would no longer be accurate / no confidential information / Committee’s decision reversed / section 211(1)(a)
  9. LCRO 260/2013 CS v RV (18 July 2017) [PDF, 190 KB]

    Review / Committee found unsatisfactory conduct / dispute over estate / client legally aided / lawyer had not managed employee’s conduct / failed to manage practice / lack of timeliness in providing services / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11 / rule 11.3 / HELD / insufficient evidence on issue of timeliness  and supervision / breach of rules 3 and 11.3 reversed / fine reduced / Committee’s decision otherwise confirmed / section 211(1)(a)
  11. LCRO 330/2013 PR v RW (17 July 2017) [PDF, 148 KB]

    Complaint / Committee declined to take further action on complaints / unsuccessful criminal appeal / complaint lawyer retained a vehicle / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / final accounts / whether fees were to be paid by legal aid / HELD / not enough evidence to support fee complaint / complaints about vehicle not suitable for the Office to determine / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 68/2017 GM v BN (6 July 2017) [PDF, 219 KB]

    Complaint / Committee declined to take further action on complaint / purchase of a business / lawyers acted for the vendor / refusal to return deposit / complaint lawyer breached undertaking / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3.2 / lawyer holding funds as stakeholder / whether agreement cancelled / HELD / complaints process not an alternative to court proceedings / the Office is not the correct forum for the dispute / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 382/2013 SC v JT (30 June 2017) [PDF, 193 KB]

    Complaint / Committee found unsatisfactory conduct / email contained threat to lay complaint against another lawyer / improper use of complaints process / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / UF v OU LCRO 90/2011 (20 March 2013) / improper purpose / HELD / complaints process not to be used to enforce a legal right / email not sent for improper purpose / lawyer had sought advice from senior practitioner / Committee’s decision reversed / section 211(1)(a)
  18. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [PDF, 180 KB]

    Committee determined that conduct be considered by Lawyers and Conveyancers Disciplinary Tribunal / overpayment on money into trust account / trust account obligations / failure to follow instructions / Lawyers and Conveyancers Act 2006, section 158 / Lawyers and Conveyancers (Trust Accounts) Regulations 2008, regulation 12 / Orlov v New Zealand Law Society [2013] NZCA 230, [2013] 3 NZLR 562 / VX and VXZ v North Island Standards Committee LCRO 126/2012 (5 June 2013) / HELD / Standards Committee not obliged to provide reasons for laying charges / laying of charges justified / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 3/2016 RC and RD v ZC (30 June 2017) [PDF, 123 KB]

    Complaint / Committee declined to take further action on complaints / purchase of a business / complaint lawyer failed to act competently / respond in a timely manner / did not provide required information / unreasonable fees / respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.1 / rule 3.2 / rule 3.4 / rule 9 / rule 10.1 / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / CW v XB LCRO 213/2010 (15 June 2011) / HELD / lawyers errors not at level of unsatisfactory conduct / lawyers should have explained matters more clearly to clients / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 128/2015 GBA v HCB (29 June 2017) [PDF, 197 KB]

    Complaint / Committee found unsatisfactory conduct / property purchase / lawyers exchanged undertakings / applicant did not honour undertaking to release funds on the same day / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / Auckland Standards Committee 3 of the New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / Auckland Standards Committee  v Stirling [2010] NZLCDT 4 / FY v UM LCRO 239/2010 (26 October 2011) /  HELD / lawyers must honour all undertakings / breach of rule 10.3 / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 130/2016 RB v ZB (28 June 2017) [PDF, 229 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer of undue delay in providing files / file notes had been removed or destroyed / lawyer acted inappropriately / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 3.4 / rule 12 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / uplifting files / HELD / delay in uplifting files unsatisfactory conduct / no evidence to support allegation material was removed from file /  Committee’s decision modified / section 211(1)(a)
  23. LCRO 95/2013 GI v JM (28 June 2017) [PDF, 255 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint that nothing had been achieved / lawyer had not acted in clients best interests / excessive fees / conflict of interest / Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / HELD / no conflict of interest / lawyer progressed matters as was practicable / no unreasonable delays / costs ordered against lay applicant / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 243/2013 ZAA v YBC (27 June 2017) [PDF, 267 KB]

    Complaint / Committee declined to take further action on complaints / dispute between business partners / lawyer acted for both parties / complaint of conflict of interest / failure to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 7 / rule 8 / rule 8.7 / Taylor v Schofield Peterson [1999] 3 NZLR 434 (HC) / Sandy v Khan LCRO 181/2009 (9 December 2009) /  HELD / lawyer do not insist each party get independent legal advice / no informed consent / breach of rule 6 and 6.1 / unsatisfactory conduct / not enough evidence to determine instructions were not followed / Committee’s decision modified / section 211(1)(a)
  25. LCRO 319/2013 RA v ZA (27 June 2017) [PDF, 101 KB]

    Complaint / Committee declined to take further action on complaints / judicial review proceeding / lawyer appeared for respondents / applicant not client of lawyer / complaint about lawyers conduct of proceedings / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / administration of justice / Standards Committee procedure / HELD / limited duties owed to third parties / instructions to lawyer protected by privilege / Committee’s decision confirmed / section 211(1)(a)