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Complaint / Committee declined to take further action on complaint / will inquiry / complaint lawyer did not provide a copy of a will / HELD / complainant not a client / lawyers owe limited duties to non-clients / complaint discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
Complaint / Committee found unsatisfactory conduct / registration of easements, lodging caveat / complaint lawyer registered and certified instruments without Authority and Instruction consent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / Property Transactions and E-Dealing Practice Guidelines / Land Transfer Act 1952, section 164A / HELD / breach of rule 2.5 / lawyer certified they had authority to register instruments without such authority / penalty / censure, fine of $6000, direction to provide decision to Registrar-General of Land, costs confirmed / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / lodging a caveat / complaint lawyer did not pass on Notice for Lapse of Caveat to client / review stayed pending civil proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / HELD / breach of rule 3 and rule 6 / lawyer’s firm listed as address for service on caveat / assumed and failed to discharge duty to clients to advise them of notices in relation to caveat / Committee’s findings that lawyer concealed fact that caveat had lapsed, not supported by evidence / compensation / client lost choice to take advice on acting to sustain caveat or allowing it to lapse / $1,000 compensation / penalty / fine reduced from $5,000 to $4,000 as no finding lawyer concealed error, costs order confirmed / Committee’s decision partially reversed, partially modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / fee recovery proceedings / complaint lawyer appeared as counsel in proceedings in which the lawyer was giving evidence and their conduct was in issue, and committed perjury / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5.3 / HELD / lawyer sought leave to appear which was granted by court / evidential conflict supporting perjury complaint for District Court to resolve / no right of appeal to LCRO on perjury allegation / complaint discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
Review / Committee found unsatisfactory conduct / civil proceedings / complaint lawyer was incompetent as to ensuring full discovery from defendant, and lied to the court when seeking to be removed as counsel of record / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / failure to take steps to require discovery better characterised as a lack of diligence in terms of section 12(a), than a lack of competence in terms of rule 3 / lawyer entitled to put their view to the court regarding withdrawing as counsel of record / penalty / fine of $2000, costs confirmed / no costs order for review / Committee’s decision modified to reflect lack of diligence rather than lack of competence / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / advice to trustees / complaint lawyer did not provide taxation advice on transaction / HELD / terms of engagement excluded tax advice / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 only require lawyers to advise unrepresented persons to seek independent legal advice / allegations of negligence must be tested in civil courts / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property transaction / complaint lawyer acted for more than one party, did not sufficiently explain retainer, and acted against a former client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / rule 6.1.3 / rule 8.7 / rule 8.8 / Torchlight Fund No 1 LP (in rec) v NZ Credit Fund (GP) 1 Ltd [2014] NZHC 2552 / Russell McVeagh McKenzie Bartlett & Co v Tower Corp [1998] 3 NZLR 641 (CA) / Mike Pero Mortgages Ltd v Pero [2014] NZHC 2798 / HELD / identity of client(s) / lawyer’s client was a partnership the clients had formed, not the individual members of the partnership / range of factors to be considered when acting against former clients in commercial transactions, per Russel McVeagh McKenzie Bartlett & Co v Tower Corp / alleged confidences breached were not particularised / no breach of rule 8.7.1 / Committee’s decision confirmed / secti…
Complaint / Committee declined to take further action on complaint / fee complaint / complaint fees were excessive, unfair and unreasonable, and that time was not accurately recorded / also, lawyers did not provide information about fees / whether estimate exceeded / Lawyers and Conveyancers Act 2006, section 132(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / various invoices complained about / section 132(2) / complainant is not a person chargeable with a bill of costs for a number of invoices / regulation 29 / ten invoices presented near end retainer / a number are under $2,000 / files are unrelated, no reason to aggregate / lawyer gave initial fee indication, which was exceeded / basis of estimate changed as retainer unfolded, common sense that estimate could not be relied on anymore / lawyer should have up…
Complaint / Committee declined to take further action on complaint / Treaty of Waitangi claim / complaint lawyer perverted the course of justice and sabotaged treaty claim / second complaint / HELD / issues raised were addressed in an earlier complaint / repetition of allegations / once heard and addressed, a complaint can only be revisited in rare circumstances where compelling reasons justify further inquiry / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
Review / Committee found unsatisfactory conduct / Family Court proceedings / judge referred Minute addressing lawyer’s behaviour to NZLS as complaint / own-motion inquiry / complaint lawyer acted as a witness and incorporated opinion (views on the evidence) in a memorandum / Evidence Act 2006, section 129 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5 / rule 13.5.4 / H v S (Counsel: Debarment) [2016] NZHC 409 / HELD / lawyer annexed scientific papers to client’s affidavit about their methamphetamine use / rule 13.5 breached / lawyer familiar with scientific matters / client’s affidavit recites lawyer’s scientific qualifications and contained evidence by proxy from the lawyer / absolute requirement for lawyer to maintain their independence when conducting litigation before court / total prohibition on lawyers presenting evidence to the court / insufficient time and client funds to obtain expert evidence as to scientific evidence on methamphetamin…
Complaint / Committee declined to take further action on complaint / Resource Management Act 2001 prosecution / complaint lawyer charged fees without written authority and inappropriately claimed a lien over files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.4.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / HELD / lawyer advised client the fee limit was unworkable / could require daily confirmation / client did not hold lawyer to fee limit / trust account debited in compliance with regulation 9(1)(a) / lien appropriate / no evidence of professional conduct issue / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property settlement matter / complaint lawyer provided incompetent advice, and did not follow up with vendor’s lawyer to confirm whether an extension had been granted / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / whether lawyer responsible for ascertaining if an extension of time has been agreed to must be considered on its particular facts / client was aware of time available for extension to be granted / no evidence client would confirm contract if extension not granted / no evidence lawyer provided incompetent advice / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide copies of invoices to complainant (residuary beneficiary) before debiting fees from estate funds held in trust account / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act 2006, section 160 / Raunch v Maguire [2010] 2 NZLR 854 (HC) / IV v DD LCRO 272/2012 / Commissioner of Stamp Duties (Queensland) v Livingston [1965] AC 694 (PC) / HELD / residuary beneficiary in an estate has no legal or equitable interest in the assets of the estate until the residue crystallises / lawyer not required to provide residuary beneficiaries with copies of invoices before debiting those fees from estate funds in trust account / Committee’s decision reversed / section 211(1)(a)
Jurisdiction / whether application for review made out of time / application delayed by courier / Lawyers and Conveyancers Act 2006, section 198 / Lawyers and Conveyancers Amendment Act 2012 / Interpretation Act 1999, section 29 / Contract and Commercial Law Act 2017, section 211 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v OI LCRO 19/2013 (2 April 2013) / HELD / application filed out of time / review officer has no discretion to extend timeframe / proof of service / no legislation that precludes email as a method of filing or service / five working day presumption in section 198 is rebuttable / no jurisdiction
Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer acted for a client and grandson in a conflict of interest situation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / Sandy v Kahn LCRO 181/2009 / ZAA v YBC LCRO 243/2013 / Taylor v Schofield Peterson [1999] 3 NZLR 434 / HELD / distinction between contentious and non-contentious matters / more than negligible risk that lawyer would be unable to discharge obligations owed to one or more clients / transfer of property to family trust / client’s consent insufficient to manage conflict issue / disciplinary process not a substitute for civil proceedings / Committee’s decision confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaint / notice of claim and caveat in relationship property matter / complaint lawyer did not take reasonable care in respect of notice of claim / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / HELD / lawyer did not obtain post-registration search to confirm registration of notice of claim / admitted breach of rule 3 / fees fair and reasonable / Committee’s decision reversed / unsatisfactory conduct pursuant to section 12(c) for breach of rule 3 / $500 fine ordered / section 211(1)
Complaint / Committee declined to take further action on complaint / criminal proceedings / complaint lawyer failed to act competently, failed to account for fee payments, and breached duties / HELD / no evidence of breach of professional standards / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)
Complaint / Committee declined to take further action on complaint / employment relations matter / complaint lawyer failed to act competently, respond to inquiries, keep client informed about progress on case or treat them with respect and courtesy / fee complaint / client felt pressured to sign settlement agreement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no evidence of breach of professional standards regarding complaint / opposing party issued deadline for settlement agreement / invoice narration suggests two invoices may be issued for same work / during application for review, lawyer failed to provide evidence supporting invoices requested under s 207 of the Lawyers and Conveyancers Act 2006 / Committee’s decision confirmed / section 211(1)
Anonymised summary of decision.
Complaint / Committee declined to take further action on complaint / criminal proceedings / complaint lawyer incorrectly invoiced, charged fees not agreed to, and did not follow instructions / HELD / no evidence of breach of professional standards / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)
Complaint / Committee declined to take further action on complaint / estate administration / complaint lawyers allowed executors to breach High Court freezing orders / applicants are not lawyers’ clients / duties to non-clients / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / lawyers not responsible for breach of freezing orders / lawyers owe limited obligations to non-clients / no evidence of discourtesy or lack of authority to make payments / Committee’s decision confirmed / section 211(1)
Date of decision as to publication: 17 February 2020 (See also minute dated 30 October 2019, list of evidence and decision dated 29 November 2019)
Complaint / Committee declined to take further action on complaint / Immigration Advisers Complaints and Disciplinary Tribunal proceedings / complaint lawyer provided negligent advice and representation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / no evidence of breach of professional standards / allegations against a lawyer must be supported by evidence / Committee’s decision confirmed / section 211(1)
Complaint / Committee found unsatisfactory conduct / immigration application / complaint lawyer did not act in a timely manner, charged fees that were more than fair and reasonable, and that their practice did not preserve the reputation of the legal profession / fee complaint / client overpaid invoice / Committee ordered publication of name / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / HELD / instructing solicitor does not appear to have been involved in relationship between client and lawyer / Standards Committee directed to investigate instructing solicitor and overpayment of invoice issue / section 209(1) / lawyer achieved nothing of value for client / publication order confirmed / Committee’s decision confirmed / section 211(1)(a). (See also minute dated 30 October 2019)
Complaint / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide explanations for actions during estate administration / duties during estate administration / Davis v Mancer [2015] NZHC 3005 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 7.1 / Administration Act 1969 / Protection of Personal and Property Rights Act 1988 / Senior Courts (Access to Court Documents) Rules 2017 / HELD / estate’s lawyer’s client is the executor, not the beneficiaries / does not owe beneficiaries professional duties owed to clients / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)