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1430 items matching your search terms

  1. LCRO 369/2013 WS v AD (29 August 2017) [PDF, 334 KB]

    Complaint / Committee declined to take further action on complaints / complaint lawyer had a conflict of interest / complaint lawyer was dishonest and misleading / some complaints assessed under the Law Practitioners Act 1982 / matter when to arbitration / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / whether there was a more than negligible risk of a conflict of interests/ HELD / negligible risk of a conflict of interests / no evidence that lawyer had been dishonest or misleading / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 247/2014 GG v HH and II (15 August 2017) [PDF, 134 KB]

    Complaint / Committee declined to take further action on complaint / dispute over trust / complaint lawyer about how the lawyer administered the trust / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / applicant not client of the lawyer / lawyer has different duties when acting as a trustee / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 152/2016 BL v HJ (11 August 2017) [PDF, 255 KB]

    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)
  8. LCRO 113/2013 AB v EF (3 August 2017) [PDF, 145 KB]

    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)
  9. LCRO 207/2016 YN v NZ Police (2 August 2017) [PDF, 166 KB]

    Review / Committee found unsatisfactory conduct / lawyer breached security at the District Court cells / lawyer misrepresented that another person was a probation officer / knowingly facilitated a prohibited meeting / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / duty for a lawyer to conduct dealings with others with integrity, respect and courtesy / HELD / serious allegation / evidence does not meet high standard of proof / Committee’s decision reversed / section 211(1)(a)
  11. 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)
  12. 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)
  13. 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)
  14. 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)
  18. 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)
  19. 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)
  21. 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)
  25. 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)