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1414 items matching your search terms

  1. 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)
  5. 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.
  11. 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)
  16. 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)
  21. 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)
  22. 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)