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977 items matching your search terms

  1. LCRO 255/2016 WR v VB (4 March 2019) [PDF, 176 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer did not release funds as required / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / AO v ZH LCRO 301/2011 (12 March 2014) / whether estimate provided / HELD / lawyer holding funds due to undertaking / lawyer must release funds as required by undertaking / no conduct issues arise / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

  2. LCRO 254/2016 WR v MH (4 March 2019) [PDF, 109 KB]

    Complaint / Committee declined to take further action on complaint / lawyer acted in employment dispute and criminal charges / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / AO v ZH LCRO 301/2011 (12 March 2014) / whether estimate provided / HELD / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

  3. LCRO 275/2016 KN v YL (4 March 2019) [PDF, 277 KB]

    Review / Committee found unsatisfactory conduct / accountancy firm / complaint lawyer was a principal of the firm / was not independent of the firm / Lawyers and Conveyancers Act 2006, section 7(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.5 / rule 5.9 / conflict of interests / whether lawyer sharing income with accountancy firm / HELD / insufficient evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

  4. LCRO 75/2016 XN and WN v VO (25 February 2019) [PDF, 242 KB]

    Complaint / Committee declined to take further action on complaint / property dispute / complaint lawyer obtained consent by deceit / used legal process for improper purpose / Lawyers and Conveyancers Act 2006, section 6 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11 / rule 11.1 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / EA v ABO LCRO 237/2010 (29 September 2011) / AB v AC LCRO 1/2017 (26 January 2018) / RK v LP LCRO 292/2011 (1 October 2012) / BU v DG LCRO 276/2011 (17 September 2013) / whether lawyer acting in personal capacity / HELD / lawyer acting in professional capacity / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)

  5. LCRO 158/2015 PL v VD (21 February 2019) [PDF, 178 KB]

    Review / Committee found unsatisfactory conduct / contractual dispute / allegation of fraud / complaint applicant made a threat for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / rule 13.8.1 / SC v JT LCRO 382/2013 (30 June 2017) / threat to use complaints process for improper purpose / HELD / applicant threatened to use complaints process to gain advantage in litigation / breach of rule 2.10 / Committee’s decision confirmed / section 211(1)(a)

  6. LCRO 76/2018 HS v WA (19 February 2019) [PDF, 175 KB]

    Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer did not properly advise client / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / applicant properly advised by lawyer / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

  7. LCRO 143/2017 AC v BT (19 February 2019) [PDF, 211 KB]

    Complaint / Committee declined to take further action on complaint / sale of property / relationship property dispute / complaint lawyer had a conflict of interest / lacked respect and courtesy / was not competently supervised and managed / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 8.7.1 / Sandy v Kahn LCRO 181/2009 (25 December 2009) / AD v ZX LCRO 87/2010 (14 December 2010) / Black v Taylor [1993] 3 NZLR 403 (CA) / GBR Investment Ltd v Keung HC Christchurch CIV-2009-409-1486, 19 March 2010 / duty of confidence / HELD / insufficient information provided to Committee / not possible to determine issues / Committee directed to reconsider complaint / section 209 / Committee’s decision reversed / section 211(1)(a)

  8. LCRO 046/2018 HD v BK (18 February 2019) [PDF, 113 KB]

    Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer had a conflict of interest / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / whether applicant had received independent advice / HELD / applicant not client of lawyer / applicant received independent advice / Committee’s decision confirmed / section 211(1)(a)

  9. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [PDF, 203 KB]

    Review / Committee found unsatisfactory conduct / sales of shares / liquidation of company / applicant not client of lawyer / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / whether lawyer obtained informed consent to act for both parties / HELD / lawyer did not obtain informed consent to act for both parties / both parties were the same person / further action not appropriate / Committee’s decision reversed / section 211(1)(a)

  10. LCRO 132/2018 PY v SD (15 February 2019) [PDF, 106 KB]

    Complaint / Committee declined to take further action on complaint / disciplinary complaint / complaint lawyer did not treat applicant with respect and courtesy / development failed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / proper standards of professionalism / HELD / comments not shared with others / comments were opinion / not possible to reach a view / Committee’s decision confirmed / section 211(1)(a)

  11. LCRO 202/2017 LO v RT (4 February 2019) [PDF, 173 KB]

    Complaint / Committee declined to take further action on complaint / property purchase / development failed / second complaint / R (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1, [2011] 2 AC 146 / Rae v International Insurance Brokers (Nelson Marlborough Ltd) [1998] 3 NZLR 190 (CA) / whether applicant had any new evidence to justify reopening the complaint / HELD / new evidence not strong enough to justify reopening complaint / applicant not client of lawyer  / limited duties owed to applicant / Committee’s decision confirmed / section 211(1)(a)

  12. LCRO 74/2017 SD v TM (31 January 2019) [PDF, 218 KB]

    Review / Committee found unsatisfactory conduct / sale of shares / complaint lawyer has conflict of interest / Lawyers and Conveyancers Act 2006, section 156(1)(d) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6.1 / rule 6.1.1 / rule 7 / rule 8.7 / rule 8.7.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / duty to disclose information to client / duty to obtain informed consent before acting / whether Committee should have ordered publication of the determination / whether Committee should have ordered compensation / HELD / conflict of interest as the interests of the parties were in competition / lawyer unable to keep information confidential between parties / unsatisfactory conduct / no link between lawyer’s acts and client’s loss / compensation not appropriate / Committee’s decision modified / section 211(1)(a)

  13. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [PDF, 286 KB]

    Complaint / Committee declined to take further action on complaints / dispute over covenant on land / respondents did not act for applicants / complaint lawyers made allegations of fraud without reasonable grounds / used legal the process for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10 / rule 13.8 / HELD / lawyers had good reason to advance allegation of fraud / no evidence that lawyers used legal process for improper purposes / Committee’s decision confirmed / section 211(1)(a)

  14. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [PDF, 320 KB]

    Review / Committee found unsatisfactory conduct / leaky building litigation / dispute about appropriate forum for litigation / dispute about clause in litigation agreement / complaint lawyer did not act in a timely manner / did not give clear advice / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether lawyer should have salvaged litigation agreement / HELD / lawyer acted competently / litigation strategy was appropriate considering the law at the time / fees fair and reasonable / Committee’s decision reversed / section 211(1)(a)

  15. LCRO 246/2013 YM v RD (7 January 2019) [PDF, 221 KB]

    Complaint / Committee declined to take further action on complaint / property purchase / vendor’s lawyer attempted to cancel sale / complaint respondent failed to advise vendor’s lawyer that conditions had been satisfied / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / HELD / lawyer acted in a timely manner and in accordance with instructions / Committee’s decision confirmed / section 211(1)(a)

  16. LCRO 92/2016 ZA v YB (7 January 2019) [PDF, 234 KB]

    Review / Committee found unsatisfactory conduct / administration of will / complaint applicant failed to uplift documents when requested by respondent’s lawyer / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4 / rule 4.1 / 4.4 / rule 4.4.1 / whether applicant instructed to act / whether there are special circumstances to consider fees less than $2,000 / HELD / assertion of lien over will unsatisfactory conduct / applicant had been instructed to act / fees fair and reasonable / Committee’s decision modified / section 211(1)(a)

  17. LCRO 168/2017 AH v OS and VI (21 December 2018) [PDF, 218 KB]

    Complaint / Committee declined to take further action on complaints / preparation of will / applicant not client of lawyer / complaint that lawyer prepared will without instructions /  Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 8.4 / whether lawyer breached duty of confidence / HELD / no evidence that lawyer acted without seeking instructions / breach of confidence does not warrant a disciplinary response in the circumstances / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)