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1392 items matching your search terms

  1. LCRO 323/2013 AZ v BY (22 June 2017) [PDF, 220 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / caveat registered over house to pay lawyers fees / client died / complainant beneficiary under will / complaint lawyer failed to provide terms of engagement / did not advise client to take independent advice / failure to follow instructions / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.4 / rule 9 / rule 13.3 / rule 13.4 / alternatives to litigation / HELD / lawyer provided competent service / fees fair and reasonable / other remedies available to the complainant / Committee’s decision modified / section 211(1)(a)
  2. QAB v PAC, OAD and NAE LCRO 93/2015, 94/2015 and 142/2016 [PDF, 105 KB]

    Review conducted by duly appointed delegate. Applicant demanded hearing in person. While an applicant may decline to consent to the review being completed on the papers (s206(2) LCA) the LCRO (and delegates) may direct that the hearing take place by telephone. S 206(5) provides that the LCRO may regulate his or her procedure as he or she thinks fit and the dictates of natural justice do not require hearings to be in person.The LCRO noted that many court and quasi judicial hearings are conducted by telephone and the LCRO office must ensure resources are used effectively. Applicant also demanded that he be able to have witnesses give evidence at the review hearing. LCRO reviews will generally not accept information that was not before the Standards Committee (Guideline 17 for parties to review). Review hearings are  not the same as court hearings where witnesses are called and cross examined. It is rare for a witness to be allowed to attend and give evidence at a review hearing. The evid…
  3. LCRO 194/2015+56/2016 TB v HN Ltd (12 June 2017) [PDF, 144 KB]

    Complaint / Committee found unsatisfactory conduct / lawyer acted as arbitrator / award issued five years after hearing / Lawyers and Conveyancers Act 2006, section 6 / section 65 / LCRO 191/2015 / whether Committee has jurisdiction / whether findings in the Committee amount to double jeopardy / HELD / arbitration not excluded from the Act / Committee has jurisdiction / penalty modified / Committee’s decision modified / section 211(1)(a) Decision (12 June 2017) PLUS a supplementary order dated 29 June 2017
  4. LCRO 141/2013 TM v DC (7 June 2017) [PDF, 220 KB]

    Complaint / Committee declined to take further action on complaints / purchase of healthcare facility / lawyer advised client to cancel contract / complaint lawyer had a conflict of interests / deducted fees from trust account / Lawyers and Conveyancers Act 2006, section 110(1)(b) /  Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 9.3 / regulation 10 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.3 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / AR v ZE LCRO 83/2012 (6 May 2016) / duty to give objective advice / competence / HELD / lawyer gave objective advice / conflict of interest complaint speculative / lawyer entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 299/2013 DT v GB (23 May 2017) [PDF, 212 KB]

    Lawyer’s trust advanced funds through nominee company to client on two occasions — prior to and after 1 August 2008.  Standards Committee determined to take no further action in respect of the advance prior to 1 August 2008, but found unsatisfactory conduct in respect of the advance after 1 August 2008 on the basis that the lawyer had not ensured the borrower took independent advice. LCRO confirmed the Standards Committee decision, specifically noting the prohibition in Rule 5.4.3 against a lawyer entering into a financial arrangement with a client if there is a possibility of the relationship of trust and confidence being compromised. LCRO also found the advance prior to 1 August 2008 constituted unsatisfactory conduct by way of conduct unbecoming. Standards Committee penalties confirmed, with additional penalty of censure.
  14. LCRO 263/2015 DH v EI (12 May 2017) [PDF, 124 KB]

    Complaint / Committee found unsatisfactory conduct / property dispute / payment of money into trust account / lawyer sought advice from another practitioner / Lawyers and Conveyancers Act 2006, section 110 / New Zealand Law Society v B [2013] NZCA 156 / BI v CW LCRO 23/2012 / dispute over amounts to be paid / instructions conflicted with judgment / HELD / reasonable for lawyer to rely on advice / attempts to resolve dispute / Committee’s decision reversed / section 211(1)(a)
  19. BG v HL LCRO 71/2013 [PDF, 221 KB]

    Complaint / Committee declined to take further action on complaints / criminal matter / saw victim and offender at same time / guilty plea / withdrawing complaint / Lawyers and Conveyancers Act 2006 section 199 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.10.4 / Harold v Legal Complaints Review Officer [2012] NZHC 145, [2012] 2 NZLR 559 / role of LCRO / prosecution witness / HELD / Office obliged to continue  with complaint / breach of rule 13.10.4 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
  24. AB v CD LCRO 332/2013 [PDF, 264 KB]

    Complaint / Committee unsatisfactory conduct / conflict of interest / indemnity insurance / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 6.1 / rule 7 / Nicholson v Icepak Coolstores Ltd [1999] 3 NZLR 475 (HC) / Mercantile Mutual Insurance (NSW Workers Compensation) Ltd v Murray [2004] NSWCA 151. (2004) 13 ANZ Ins Cas 61-612 / client care letter / duty of confidence / HELD / Committee’s decision confirmed / section 211(1)(a)
  25. IJ v KL LCRO 190/2016 [PDF, 219 KB]

    Complaint / Committee found unsatisfactory conduct / lawyer’s trust account obligations / firm has no trust account / overpayment of fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 9.3 / rule 9.6 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008 regulation 9 / regulation 10 / final invoice / fees in advance / delayed refund / issues not part of complaints / HELD / obliged to hold client monies in trust account / failed to advise on costs contribution / no final invoice / no finding on trust account issue / Committee’s decision otherwise confirmed / section 211(1)(a)