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1371 items matching your search terms

  1. LCRO 95/2019 CM v DL (9 March 2021) [PDF, 285 KB]

    Review / Committee declined to take further action / criminal bankruptcy and appeal matters / complaint lawyer made up invoice to avoid refund, did not follow instructions or promptly answer inquiries, and was not competent / HELD / natural justice / Committee considered judgment critical of complainant’s credibility / must consider relevance and weight / adverse comments disregarded on review / no evidence lawyer compromised criminal case / lawyer advised appeal had low prospect of success / no evidence lawyer failed to follow instructions on appeal matter / Committee should have considered two other issues / Committee directed to consider lawyer retaining files pending fee payment, to investigate whether lawyer performed work claimed on disputed invoice, and whether funds were paid by client to lawyer and if funds were managed appropriately / section 209(1) / Committee’s decision otherwise confirmed / section 211(1)(a)
  2. LCRO 183/2020 DX v SQ (26 February 2021) [PDF, 260 KB]

    Complaint / Committee declined to take further action / estate matter / complaint opposing lawyer acted fraudulently and deceptively while seeking a copy of a will from third parties / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11.1 / HELD / lawyers owe limited duties to non-clients / lawyer was seeking a copy of a will that was not provided to other beneficiaries by complainant / it would have been preferable for lawyer to indicate they were assisting beneficiaries with estate rather than in the administration of estate / evidence does not demonstrate conduct was dishonest, rather, imprecise / rule 11.1 directed at misleading or deceptive conduct in relation to a lawyer’s practice, not in advocacy / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 105/2020 AG v BH & CI (19 February 2021) [PDF, 179 KB]

    Complaint / Committee declined to take further action / civil litigation / complaint lawyers did not provide competent representation, did not follow instructions and charged fees that were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / new issues raised at review stage cannot be considered / lawyers must follow client instructions / no evidence lawyers resisted instructions to end litigation / complainant advised of risks / no evidence lawyers falsely represented hourly rates / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 43/2019 KD v MX (19 February 2021) [PDF, 223 KB]

    Review / Committee declined to take further action / correspondence with school regarding Family Court litigation / complaint lawyer sent inappropriate letters about opposing parent to children’s schools / Lawyers and Conveyancers Act 2006, section 12(b) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 2.1 / rule 2.3 / rule 6 / HELD / letters cast aspersions on complainant’s character and psychological condition / conduct was unprofessional and breached rules 2, 2.1, 2.3 and 6 / Committee’s educative approach in taking no further action not appropriate / Committee’s decision reversed as to unsatisfactory conduct finding, modified to censure lawyer and to order apology / section 211(1)(a)
  6. LCRO 78/2019 EW v PT and AM (3 February 2021) [PDF, 142 KB]

    Complaint / Committee declined to take further action / insurance claim and franchise advice / complaint lawyers not competent, charged fees that were not fair and reasonable, and did not make it clear an invoice did not cover franchise advice from another firm / HELD / jurisdiction / application for review included request to review two determinations; one was out of time to review / Complaint Services’ decision to split complaint into two files is an administrative decision, review jurisdiction is to review aspects of Committee’s inquiry / nevertheless, decision to separate complaints logical / no evidence of professional conduct issue / disciplinary process does not closely analyse and second guess litigation decisions / mistaken assumption that an invoice covered franchise advice / franchise advice properly chargeable / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 26/2019 ET v CG (29 January 2021) [PDF, 194 KB]

    Review / Committee declined to take further action on complaint / advice relating to protection order / complaint opposing lawyer advised their client they could breach explicit terms of protection order / CW v XB LCRO 213/2010 / KJ v VW LCRO 54/18 / Burmeister v O’Brien [2010] 2 NZLR 395 (HC) / HELD / expected that a reasonably competent lawyer would comprehend restriction imposed by protection order and advise client accordingly / unsatisfactory conduct pursuant to section 12(a) / Committee’s decision reversed / section 211(1)(a)
  9. LCRO 181/2019 SL v GB (29 January 2021) [PDF, 281 KB]

    Complaint / Committee declined to take further action on complaint / property transaction / complaint lawyer’s fees not fair and reasonable, advised opposing party the dispute was not worth litigating, inappropriately terminated retainer, and instructed a debt collector a day earlier than advised / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 4.2.3 / rule 7.1 / rule 9 / rule 9.1 / HELD / fees fair and reasonable / breach of rule 7.1 / lawyer failed to advise client as instructed / disciplinary response not warranted in context / lawyer terminated retainer 10 days before hearing / termination does not call for a disciplinary response in context of repeated failures to pay fees / lawyer withdrew instructions to debt collector on receiving complaint / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 109/2020 SV v FT (28 January 2021) [PDF, 198 KB]

    Complaint / Committee found unsatisfactory conduct / lodging a caveat, claim against estate / complaint lawyer lodged caveat without proper basis and Committee did not order full compensation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / section 156(1)(d) / BAB v PW LCRO 4/2011 / HELD / lawyer’s client did not have caveatable interest / review application challenges partial compensation order / Committee determined not to provide full compensation due to complainant’s contributory behaviour / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 45/2020 MN v RK (22 December 2020) [PDF, 249 KB]

    Complaint / Committee found unsatisfactory conduct / caveat to secure fees / complaint lawyer registered caveat without caveatable interest / Lankow v Rose [1995] 1 NZLR 277 (CA) / Boat Harbour Holdings Ltd v Steve Mowat Building and Construction Ltd [2012] NZCA 305 / Batusov v Batusov [2020] NZHC 1272 / BAB v PW LCRO 4/2011 (14 August 2012) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / lawyer must be able to point to assessment of grounds supporting caveatable interest / lawyer did not raise contestable argument they had reasonable grounds to lodge a caveat / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 21/2019 IV v EC and HL (21 December 2020) [PDF, 216 KB]

    Review / Committee declined to take further action / enduring power of attorney and property transfer / complaint lawyer did not properly determine whether complainant had capacity when executing powers of attorney, and that another lawyer acted on property transfer despite conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.2 / rule 6.3 / HELD / no longer practicable to investigate capacity complaint due to passage of time / breach of rule 6.1 / interests of vendor and purchaser did not align / no evidence clients provided informed consent / information barrier discussed, not a cure for failing to obtain informed consent / Committee’s decision confirmed as to capacity complaint, reversed as to conflict of interest / unsatisfactory conduct found / no further orders made / section 211(1)(a)
  15. LCRO 14/2020 CL v BB (18 December 2020) [PDF, 150 KB]

    Complaint / Committee declined to take further action / trust and estate dispute / complaint lawyer did not meet duty of care, failed to act promptly and charged excessive fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / no evidence lawyer committed to resolving dispute within short timeframe / miscommunication about request for documents already provided by complainant not unsatisfactory conduct / liability for fees for reviewing financial statements not dependent on finding irregularities / fee complaint regarding minute disputes for properly chargeable fees not upheld / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 166/2020 GM - Application for review of a prosecutorial decision (18 December 2020) [PDF, 174 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation lawyer inappropriately transferred funds from trust account / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / HELD / Committees are not required to provide reasons to refer conduct to Disciplinary Tribunal / evidence does not conclusively demonstrate any breaches are inadvertent errors / proper matters for Tribunal to consider / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 83/2020 BA v SC (18 December 2020) [PDF, 265 KB]

    Complaint / Committee declined to take further action / trust funds / complaint lawyer received trust funds from trustee and followed instructions to pay funds to trustee’s company / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.1 / rule 4.2 / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Trust Account Regulations) Regulations 2008, regulation 12 / Fletcher v Eden Refuge Trust [2012] NZCA 124 / Trust Account Guidelines / HELD / other than being instructing solicitor on proceedings to remove trustee, no evidence produced that lawyer knew trustee not entitled to funds / issue yet to be determined in court / lawyer could have asked for copy of trustee resolution authorising payment, or terminated retainer / however, no contravention of trust account rules on the evidence / without further information, lawyer obliged to carry out instructions / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 14/2020 CL v BB (18 December 2020) [PDF, 141 KB]

    Complaint / Committee declined to take further action / trust and estate dispute / complaint lawyer did not meet duty of care, failed to act promptly and charged excessive fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / no evidence lawyer committed to resolving dispute within short timeframe / miscommunication about request for documents already provided by complainant not unsatisfactory conduct / liability for fees for reviewing financial statements not dependent on finding irregularities / fee complaint regarding minute disputes for properly chargeable fees not upheld / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 189/2019 RT v AC (30 November 2020) [PDF, 248 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer invoiced clients when not involved in sale, did not provide new lawyer with access to e-dealing and fees were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.3 / rule 4.4 / rule 9 / rule 9.1 / HELD / lawyer provided undertaking with irrevocable instructions to purchaser’s solicitor in exchange for 50 per cent deposit to be paid / Committee’s decision to accept cost assessor’s report not well founded / cost assessor estimated time spent on matter and did not take into account particulars of this transaction / not referred back due to time elapsed / new lawyer should have set up fresh e-dealing / Committee’s decision reversed / section 211(1)(a)
  20. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [PDF, 210 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / own motion investigation lawyer did not comply with notice of requirement to produce letter sent to Family Court / Lawyers and Conveyancers Act 2006, section 147 / Beckham v R [2015] NZSC 98 / HELD / lawyer claimed letter was privileged and instructed by client not to release it and to minimise communications / privilege claim probably without foundation / original complainant and Committee could have obtained letter from Family Court, and did so during course of complaint / not satisfied conduct requires a disciplinary response / Committee’s decision reversed / section 211(1)(a)
  21. LCRO 140/2020 AB v RP (27 November 2020) [PDF, 267 KB]

    Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer did not provide terms of engagement and deducted trust funds without authority / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 3.6 / rule 9.3 / HELD / breach of rule 3.4 / prior terms of engagement did not remain accurate, nor was this considered at the time for the purpose of rule 3.6 / breach of rule 9.3 and reg 9 / lawyer did not have authority to deduct funds for reg 9(1)(a) / regs 9 and 10 demand strict compliance / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 191/2019 UY v FB (26 November 2020) [PDF, 266 KB]

    Complaint / Committee declined to take further action / Family Court proceedings / complaint opposing lawyer described complainant’s protection order application as a parenting order “in drag” and failed to serve a memorandum / Lawyers and Conveyancers Act (Complaints Service and Standards Committees) Regulations 2008, reg 9 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / procedural fairness / complaints service did not forward complaint to lawyer / discussed complaint with lawyer in phone call / explanations in call not provided to complainant / no evidence complaint inquiry was materially compromised / no breach of rule 12 / no evidence lawyer knew comment would cause distress / presiding judge best placed to evaluate conduct / no evidence of judge’s concern about comment or service of memorandum / Committee’s decision confirmed / section 211(1)(a)
  23. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [PDF, 235 KB]

    Review / Committee declined to take further action on complaint / civil proceedings / complaint lawyer refused to issue proceedings and duplicated work / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 9 / rule 9.1 / HELD / no evidence complainant instructed lawyer to issue proceedings / Standards Committee directed to reconsider fee complaint / section 209(1)(a) / Committee’s decision otherwise confirmed / section 211(1)(a)
  24. LCRO 134/2019 NM v LL (23 October 2020) [PDF, 207 KB]

    Review / Committee declined to take further action on complaint / Waitangi Tribunal claim / complaint lawyer did not provide client file to complainant and did not have authority to act / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 4.4 / rule 4.4.1 / HELD / no breach of rule 4.4.1 / complainant not entitled to require uplift of file as they were not a client / Committee’s decision confirmed but modified to record any further action on complaint is unnecessary or inappropriate / section 211(1)(a)
  25. LCRO 29/2019 HM v PL (22 October 2020) [PDF, 189 KB]

    Review / Committee found unsatisfactory conduct / estate matter / complaint lawyer did not treat complainant with respect and courtesy or promptly answer requests for information, and failed to disclose documents / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 7 / rule 7.2 / rule 9.4 / second complaint / HELD / respect and courtesy, and requests for information complaints determined in first complaint / no breach of rule 7 / complainant was not lawyer’s client / no breach of rule 9.4 / lawyer not able to provide estimate / Committee’s decision reversed as to unsatisfactory conduct findings, otherwise confirmed / section 211(1)(a)