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1371 items matching your search terms

  1. LCRO 160/2016 ET v NE (23 May 2019) [PDF, 203 KB]

    Complaint / Committee declined to take further action on complaint / criminal conviction appeal / respondent is a barrister sole / payment of retainer / complaint respondent had failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 9.4 / rule 14.4 / whether lawyer provided fees estimate / intervention rule / duty to keep instructing lawyer informed of progress / HELD / no fee estimate provided / fees fair and reasonable / respondent’s advice competent / no evidence to support other complaints / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [PDF, 238 KB]

    Review / Committee found unsatisfactory conduct / property sale and purchase / agreement cancelled / law clerk acted on transaction / complaint lawyer wrongly declared agreement unconditional / failed to properly advise client / failed to keep client informed / failed to supervise employee / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11.3 / Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 / DV v LS and HS LCRO 91/2017 (19 December 2018) / HELD / lawyer failed to properly advise client on agreements / failed to supervise law clerk / Committee’s decision otherwise confirmed / section 211(1)(a)
  4. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [PDF, 160 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / management of trust account / providing false certificates to Law Society / misleading and deceptive conduct / failure to disclose how fees charged / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 3.4 / rule 11.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 6(3) / regulation 11(2) / regulation 11(3) / regulation 11(4) / regulation 16(4) / regulation 17(1) / whether Committee should make adverse comments about consultant / HELD / comments about consultant unwarranted / Committee’s decision modified / breach of trust account regulations unacceptable / lawyer failed to disclose how fees were charged / Committee’s decision otherwise confirmed / section 211(1)(a)
  5. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [PDF, 269 KB]

    Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer made unfounded allegations in litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.3 / rule 13.8 / Rondel v Worsley [1969] 1 AC 191 (HL) / Medcalf v Mardell [2003] 1 AC 120 (HL) / whether there was good cause to make allegations / HELD / lawyer did not have good cause to make allegations / Committee’s decision reversed / section 211(1)(a)
  6. LCRO 167/2016 LQ v TM (13 May 2019) [PDF, 181 KB]

    Complaint / Committee declined to take further action on complaint / dispute over estate management / complaint lawyer failed to supply information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / GH v UF LCRO 22/2011 (9 November 2011) / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / third party duties / HELD / applicant not lawyer’s client / lawyer had responded to applicant / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [PDF, 257 KB]

    Review / Committee found unsatisfactory conduct / property purchase / vendor’s escape clause / agreement cancelled / failure to act competently / failure to act in a timely manner failure to advise client / failure to assist client’s in finding new representation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.4 / rule 5.4 / rule 6 / Sandy v Khan LCRO 181/2009 (25 December 2009) / compensation for anguish and anxiety / HELD / compensation for anguish and stress reduced / Committee’s decision otherwise confirmed / section 211(1)(a)
  12. LCRO 034/2017 TC v DM (30 April 2019) [PDF, 287 KB]

    Review / Committee found unsatisfactory conduct / property purchase / lawyer terminated retainer without good cause / acted unprofessionally / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 4.2.1 / whether Committee’s supervision order correct / whether Committee’s processes fair / HELD /no issues with Committee’s processes / lawyer did not have good cause to terminate retainer / lawyer otherwise acted competently / supervision order reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
  13. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [PDF, 335 KB]

    Complaint / Committee declined to take further action on complaint / lawyer acted for applicant’s mother / complaint client did not have capacity to instruct lawyer / lawyer refused to supply files / Protection of Personal and Property Rights Act 1988 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 8 / Scott v Wise [1986] 2 NZLR 484 (CA) / Re “Tony” (1990) 5 NZFLR 609 (FC) / Carrington v Carrington [2014] NZHC 869, [2014] NZFLR 571 / duty of confidence / HELD / Office cannot determine whether client had capacity / lawyer must hold client’s information in confidence / no jurisdiction to consider complaint / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 123/2018 RA v [Area] Standards Committee (24 April 2019) [PDF, 184 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / lawyer failed to produce records / Lawyers and Conveyancers Act 2007, section 147 / section 262 / whether lawyer required to retain documents / duty to cooperate with Committee / HELD / lawyer did not obstruct Committee’s investigation / lawyer no longer had access to some records / Committee directed to reconsider failure to retain records / Committee’s decision otherwise reversed / section 211(1)(a)
  15. LCRO 024/2018 NN v AE (23 April 2019) [PDF, 213 KB]

    Review / Committee found unsatisfactory conduct / sale of property / termination of retainer prior to settlement / complaint lawyer failed to cancel sale agreement / threatened to make a professional complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 5.11 / rule 10 / Burgess v Tait [2014] NZHC 2408 / whether threat made for an improper purpose / duty to maintain proper standards of professionalism / HELD / threat made for improper purpose / breach of rule 2.3 / breach of rule 2.7 / conduct not deserving of a disciplinary sanction / Committee’s decision reversed / section 211(1)(a)
  16. LCRO 55/2018 ND v RS (18 April 2019) [PDF, 105 KB]

    Complaint / Committee declined to take further action on complaint / dispute with council / lawyer provided report to council / applicant not client of respondent / complaint that lawyer’s conduct was misleading and deceptive / disclosed privileged information / disclosed private information / HELD / lawyer’s duties owed to the council / applicant was represented by counsel / information disclosed by applicant not confidential / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 70/2018 AR v NM (10 April 2019) [PDF, 212 KB]

    Complaint / Committee declined to take further action on complaint/ relationship property dispute / notice of claim on property / complaint lawyer acted when client did not have capacity / failed to communicate / Protection of Personal and Property Rights Act 1988 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Scott v Wise [1986] 2 NZLR 484 (CA) / Re “Tony” (1990) 5 NZFLR 609 (FC) / Carrington v Carrington [2014] NZHC 869, [2014] NZFLR 571 / whether enduring power of attorney revoked / presumption of competence / respect and courtesy / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction as to whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 234/2017 and 172/2018 YA and XB v WD and VS (9 April 2019) [PDF, 242 KB]

    Complaint / two complaints / Committee declined to take further action on first complaint / Committee found unsatisfactory conduct on second complaint / administration of estate / first complaint, fees charged / second complaint, lawyers failed to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9.1 / HELD / fees fair and reasonable / Committee’s decision confirmed / delays due to complaints process / Committee’s decision reversed / section 211(1)(a)
  22. LCRO 134/2018 AH v NR (7 April 2019) [PDF, 200 KB]

    Review / Committee found unsatisfactory conduct / sale of business / lawyer failed to honour undertaking / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / Auckland Standards Committee 3 of New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / whether lawyer had control over undertaking / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction on whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 35/2018 MR v GB (4 April 2019) [PDF, 266 KB]

    Review / Committee found unsatisfactory conduct / complaint about costs of estate administration / complaint about lawyer’s conduct during the complaints process / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 10.1 / rule 10.2 / communication with represented person / HELD / lawyer also ordered to apologise to respondent / unprofessional for lawyer to be involved in attempts to have complaint withdrawn / Committee’s decision confirmed / section 211(1)(a)