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Complaint / Committee found unsatisfactory conduct / conflict of interests / failure to inform clients / notice of demand / Property Law Act 2007, section 119 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 7 / rule 11 / guarantors of loan / informed consent / HELD / no informed consent / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property sale / fee complaint / estimate / email not seen / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.11 / rule 7 / rule 11 / rule 11.3 / working day / lawyer passed away / HELD / issues of liability and compensation for the courts / firm should have ceased acting / lawyer unable to answer complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / employment dispute / complainants hired employment advocate / consultant used lawyers’ offices / complaint lawyers misled complainants / Fair Trading Act 1986, section 9 / section 11 / section 43 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.1 / Red Eagle Corporation Ltd v Ellis [2010] NZSC 20, [2010] NZLR 492 / misleading and deceptive conduct / jurisdiction of Office / HELD / Office does not have jurisdiction to hear Fair Trading Act claims / risk of misleading public / Committee’s decision confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / complaint lawyer had conflict of interest / competence / protection of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / lawyer not acting for complainants / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / will dispute / complaint lawyers did not advise options / HELD / no evidence to support complaint / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / criminal trial / confidential report / victim impact statement / report shown to witness / Victim’s Rights Act 2002, section 23 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / obligation to provide information to client / HELD / information not provided to client / report property of court / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / failure to protect clients confidential information / conduct of employees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 11 / administration of practice / HELD / lack of evidence to support allegations / no evidence practices were below standard / risks appropriately managed / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / dispute with body corporate / unpaid levies / lawyer acted for body corporate / conflict of interest / authority to act / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Black v ASB Ltd [2012] NZCA 384 / jurisdiction / third party duties / HELD / complaints heard before another tribunal / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / client signed irrevocable instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / rule 5.4 / rule 6 / rule 10 / duty of independence / conflict of interest / partnership duties / HELD / lawyers had other appropriate methods to secure fees / partners entitled to accept information from other partners as correct / Committee’s decision modified / section 211(1)(a)
Date of decision: 31 May 2018
Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to keep client informed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / competence / terms of engagement / enduring power of attorney / cash-out clause / HELD / fees fair and reasonable / client kept informed / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / failure to use up-to-date statute / advice incompetent / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.3 / rule 9 / withdrawing from retainer / HELD / fees reasonable / client given reasonable time to terminate retainer / advice competent / failure to use up-to-date statute unsatisfactory / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / complaint about administration of estate / fees not fair or reasonable / failure to respond to emails / Lawyers and Conveyancers Act 2006, section 201(5) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / BI v CW LCRO 23/2012 (2 September 2012) / HELD / settlement agreement made / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer discourteous / no terms of engagement / protection of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 8 / work of significant nature / HELD / no significant work carried out / no breach of confidence / no evidence to determine other issues / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / will dispute / lawyer acted for will maker / complaint lawyer failed to respond in timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 12 / rule 12.1 / confidentiality / duties owed to third parties / HELD / limited duties owed to third parties / no obligation to advise complainant / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / child care dispute / conflict of interest / lawyers shared office space / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11 / HELD / Office not appropriate forum for complaints / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 1 May 2018
Date of decision: 1 May 2018.
Complaint / Committee found unsatisfactory conduct / failure to provide terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / New Zealand Law Society v B [2013] NZCA 156, [2013] NZAR 970 / information for clients / preliminary assistance / existence of retainer / HELD / lawyer failed to provide required information / lawyer retained by client / Committee’s decision modified / section 211(1)(a)
Date of decision: 26 April 2018
Complaint / Committee declined to take further action on complaints / dispute about appointment as trustee / complaint lawyer misleading / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.1 / lawyer in personal capacity / HELD / lawyer acting in personal capacity / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / failure to respond to enquiry / complaint estimate exceeded / refusal to accept service / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 10.1 / rule 12 / R v D LCRO 56/2009 (19 June 2009) / IO v SJ LCRO 54/2010 (1 February 2012) / duties owed to third parties / respect and courtesy / HELD / no evidence that initial enquiry not responded to / lack of other responses unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / complaint about administration of estate / misleading information / failure to respond to emails / Taylor v Schofield Peterson [1993] 3 NZLR 641 (PC) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / independent advice when complaint raised / management of file / HELD / lawyer misled complainants / no independent advice to complainants / Committee’s decision confirmed / section 211(1)(a)
.Review / Committee found unsatisfactory conduct / complaint about representation in litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.11 / SW v RG LCRO 130/2014 (3 November 2016) / scope of retainer / responsibility for file management / HELD / file poorly managed / breach of rule 5.11 / lawyer failed to act competently / fine increased / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer circumvented court orders / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.1 / misleading and deceptive conduct / HELD / no misleading or deceptive conduct / no basis for complaint / Committee’s decision confirmed / section 211(1)(a)