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Complaint / Committee declined to take further action on complaints / division of relationship property / complaint lawyer was not competent / failed to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / no evidence to support complaints / Office not appropriate forum for appeal of Family Court decisions / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / lawyer was director of a company which rented property from complainant / complaint lawyer mislead complainant / Committee held it lacked jurisdiction as it was a dispute between landlord and tenant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / respect and courtesy / HELD / lawyer not acting in a professional capacity / no evidence of misconduct or unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property purchase / lawyer acted for vendor and purchaser / complaint lawyer failed to explain fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / provision of information to client / conduct rules not to be enforced in an overly technical manner / HELD / fees fair and reasonable / breach of rule 3.4 excusable rather than unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 21 August 2018
Complaint / Committee declined to take further action on complaints / fees complaint / complaint lawyers misfiled appeal / failed to keep client informed / Lawyers and Conveyancers Act 2006, section 161 / section 210 / recovery of fees by lawyer / HELD / no evidence that lawyers had failed to communicate / no issues raised by lawyer filing appeal early / fee complaint has previously been considered by another Committee / lawyers able to seek recovery of fees / costs ordered against applicant / Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 17 August 2018
Complaint / Committee declined to take further action on complaint / employment dispute / fee complaint / client entered arrangement to pay fees over time / client stopped paying fees / lawyer ceased acting until fees paid / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.10 / whether there was a conditional fee agreement / HELD / bankruptcy matter of public knowledge / lawyer should have informed client of consequences of bankruptcy / no requirement for lawyer to waive fees / no conditional fee agreement / Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 10 August 2018
Review / Committee found unsatisfactory conduct / whether application lodged out of time / Lawyers and Conveyancers Act 2006, section 198 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v QI LCRO 19/2013 (2 April 2012) / 30 working day time limit / presumption of service / HELD / filing fee must accompany application for review / application for review lodged out of time / Office has no jurisdiction to consider application.
Complaint / Committee declined to take further action on complaints / rent renewal dispute / complaint lawyer failed to forward email to client / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / duty to disclose relevant information to client / conduct rules should not be enforced in an unduly technical manner / HELD / breach of rule 7 / failure to pass along email minor error / exercise of discretion / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / Committee considered complaint vexatious / complaint lawyers dishonest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / no new issues raised / appropriate to take no further action / complaint not vexatious / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / employment dispute / fees not paid / instructing solicitor failed to pay barrister / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.7 / instructing solicitor ordered to pay barrister / HELD / fees subject to a new complaint / fee orders reversed pending outcome of new complaint / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / complaint lawyer had previously acted for complainant / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 8 / rule 8.7.1 / Prince Jefri Bolkiah v KPMG (a firm) [1992] 2 AC 222 (HL) / whether lawyer in possession of confidential or relevant information / HELD / complainant had never been client of lawyer / no obligations of confidence / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / complaint lawyers made allegations of fraud and dishonesty in pleadings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 13.8 / HELD / pleadings did not allege dishonesty or fraud / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint lawyer withdrew as counsel before trial / whether complainant owed fees / terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 11.3 / non-payment of fees / supervision of employees / HELD / withdrawal of lawyer does not raise any conduct issues / retainer was with firm / firm continued to act / lawyer continued to supervise firm’s employees / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declines to take further action on complaint / complaint lawyer sent a threatening letter / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / use of legal processes for improper purpose / lawyer objected to comments made by the Committee / HELD / letter sent for proper purpose / letter did not contain threat / Committee’s comments modified / Committee’s decision otherwise confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / Family Court proceeding / evidence from psychologist / complaint lawyer did not challenge evidence of psychologist / failed to prepare for hearing / HELD / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property purchase dispute / complaint lawyers negligent / failure to advance Property Law Act 2007 claims / fee complaints / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / more than two years since invoices rendered / whether lawyer should have included document in affidavit / HELD / no evidence to support complaint / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to repay client funds held in trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.6 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / Abbot v Macclesfield LCRO 40/2009 (29 May 2009) / open and transparent billing / reasonable time to render final account / HELD / final accounts not rendered within a reasonable time / fees not fair and reasonable / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / conflict of interests / purchase of property / overpayment of deposit / lawyer acting for vendors / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / CW v XB LCRO 213/2010 (15 June 2011) / whether lawyer should have noticed overpayment / third party duties / HELD / purchasers had their own representation / failure to notice overpayment an honest mistake / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / lawyer ceased acting for clients / complaint lawyer mislead court and increased complainants costs / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / respect and courtesy / discovery obligations / termination of retainer / HELD / limited duties owed to complainants / no evidence lawyer breached duties owed to third party / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / will dispute / complaint lawyer failed to check property status / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 7 / rule 7.1 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / AG v ZT LCRO 159/2010 (18 February 2011) / scope of retainer / duty to act in clients best interests / competence / HELD / lawyer should have checked property title / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer had conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.1 / rule 8.7.1 / independent advice / informed consent / HELD / parties had independent advice / informed consent / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / lawyer claimed lien over passport / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lawyer sought advice from senior practitioner / HELD / passports property of government / no right to assert lien / lawyer acted on advice / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / lawyer threatened to “destroy” witness / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 10 / rule 11.4 / rule 13.2.1 / Medcalf v Weatherill [2002] UKHL 27 / Law Society of Upper Canada v Kay 2006 ONLSHP 58 / respect and courtesy / HELD / comment unprofessional and unsatisfactory, but not threatening or repeated / exercise of LCRO’s discretion / conduct not deserving of an unsatisfactory conduct finding / Committee’s decision reversed / section 211(1)(a)