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1429 items matching your search terms

  1. RV v ZL LCRO 85/2012 (23 May 2016) [PDF, 70 KB]

    Lawyer acted for company on instructions from sole director on the sale of a property owned by the company to a company controlled by the director's brother in law. Complainant was a shareholder in the vendor company and argued that the lawyer should have told him about the proposed sale and declined to act. Lawyer was aware of a major falling out between the complainant and the director. LCRO confirmed the decision of the Standards Committee that the lawyer's duty was to his client and any duty he owed to the complainant as a former client, was covered by rule 8.7 CCCR. LCRO acknowledged that faced with this set of circumstances, some lawyers may have felt uncomfortable in accepting instructions to act, "but a sense of discomfort does not easily present a reason…to decline to act and betray " the client's confidence. LCRO also took the view that any challenge to the director's instructions that the transaction was not a major transaction in terms of the Companies Act should be made t…
  4. AR v ZE LCRO 83/2012 (6 May 2016) [PDF, 109 KB]

    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) 
  24. CC v BB LCRO 151/2012 (11 December 2015) [PDF, 155 KB]

    SC decision no further action – BB acted for CC in the sale of her property – because no CCC was issued for an accessory building, settlement was delayed and CC was obliged to accept a $100,000 reduction of price – complaint BB failed to carry out instructions and protect interests – review poor legal representation – LCRO referred to Q v LCRO – no discretion to introduce a party to a complaint at the review stage and continue with review – focus of complaint against law firm must be quite different from focus of complaint against BB – LCS did not have jurisdiction – BB was a conveyancing practitioner at the time – “practitioner” defined in s 2 and “appropriate complaints service” identified in s 135 – complaint about BB should have been referred to Conveyancers Complaints Service – SC decision reversed – matter returned to SC as complaint against BB’s firm