Ministry of Justice

Complaint / Committee declined to take further action on complaint / property purchase / another lawyer from the same firm acted for the vendor / complaint lawyer did not explain the agreement to the applicant / conflict of interest / Lawyers and Conveyancers Act 2006, section 361(1) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 3.10 / rule 7 / rule 7.1 / rule 8 / rule 8.1 / Campbeltown v Dunoon LCRO 129/2009 (11 November 2009) / conduct prior to 1 August 2008 / informed consent  / duty to obtain client’s instructions / HELD / conflict of interest does not breach previous standards / failure to obtain instructions and consult with clients a breach of previous and current rules / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer failed to advise applicant properly / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / dispute over termination of lease / complaint lawyer failed to act competently / refused to follow instructions that were outside his field of expertise  / failed to promote the client’s interests / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4 / rule 6 / HELD / no evidence for complaints / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)

Decision dated 02/08/17

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)

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)

Complaint / Committee declined to take further action on complaints / dispute over trust and estate / lawyer sibling of complainant / complaint lawyer had a conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.4 / HELD / lawyer only acted on non-contentious matters / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)

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)

Review / Committee found unsatisfactory conduct / review of orders made by Committee / lawyer prepared a will / will maker lacked capacity / Committee ordered publication and compensation / whether client lacked capacity / HELD / questions of capacity for the courts / arguments for compensation should be tested by the courts / publication not in the public interest / Committee’s decision reversed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / administration of estate / applicant not client of lawyer / Committee found lawyer was slow to render final invoice / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / HELD / no duties owed to applicant / no evidence lawyer failed in their duties to the client / Committee’s decision reversed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / dispute with commercial landlord / complaint lawyer terminated retainer / fee complaint / failure to send file to client / HELD / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

Decision (6 July 2017)

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)