Ministry of Justice

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision is: (a) Modified to record a determination pursuant to s 152(2)(b)(i) and 12(c) that there has been unsatisfactory conduct on the part of Mr RV by his contravention of rule 8; and (b) Otherwise confirmed. Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Mr RV is ordered to pay costs of $1,200.

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.

Ms GN has applied for a review of a decision by the [Area] Standards Committee [X] dated 15 December 2014. The Committee found that Mr HJ’s failure to provide information to Ms GN contravened rule 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The Committee concluded the fees charged for services provided to Ms GN were fair and reasonable pursuant to rules 9 and 9.1, and decided that further action on the other issues Ms GN raised in her complaint was not necessary or appropriate. A finding of unsatisfactory conduct was recorded against Mr HJ, and he was fined $500.

Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Ms WS is ordered to pay costs on review of $1,200 within 28 days of the date of this decision.

Ms DS has applied for a review of the Standards Committee decision in relation to her complaint against Mr TL. Her complaint related to Mr TL’s conduct when he acted for a foreign investor who purchased land in Region without the required Overseas Investment Office (OIO) consent.

Own motion investigation by NZLS Inspectorate resulted in finding of unsatisfactory conduct for breach of rule 17(1) against all partners, a $500 fine each, and each partner to pay $200 by way of costs. The trust account had become overdrawn on 3 occasions, there were 235 dormant balances dating back to 2002,  and the partnership acknowledged that there had been a failing to account regularly to clients in accordance with requirements of reg12(7) of the Trust Account regulations. The Committee also referred to breaches of s337 of the LCA. The LCRO noted that the consumer protection principles of the LCA meant that compliance with the regulations and the Act relating to management of client funds should be stringently enforced. There was therefore little room to rank breaches on a spectrum as the Committee had, by referring to some breaches as being at the lower end of the spectrum resulting in no further action being taken , with others at the higher end. The Committee viewed the ov…

The OA in bankruptcy complained that IL had provided incompetent advice to a bankrupt concerning his ability to act as an executor of his mother's estate, and advice relating to the bankrupt's ability to renounce his interest as a beneficiary in the Estate. The OA argued that this advice resulted in unnecessary costs to the Estate, thereby reducing the amount to be paid to the OA in respect of the bankrupt's share in the Estate. The Standards Committee declined to take any action in respects of the OA's complaints primarily because the majority of the conduct complained about took place after IL had been struck off the roll of barristers and solicitors. The Standards Committee determined it therefore had no jurisdiction to consider the complaints, as IL was not a "lawyer" as that term is defined in the LCA - (the definition of a lawyer in the LCA is a person who holds a current practising certificate, which IL did not.) The LCRO considered that the Standards Committee reasoning was irr…

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.

Complaint / matter reconsidered by LCRO / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / A v Z  LCRO 40/2009 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 10 / Lawyers and Conveyancers Act 2006 section 110 / section 113 / lack of professionalism / fee exceeding quote / deduction of fees / HELD / no action regarding lack of professionalism / no issue regarding quote / entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a) 

Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the determination of the Standards Committee to take no further action on the complaints, is reversed.

Application for review is not upheld. Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision of the Standards Committee is confirmed.