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1329 items matching your search terms

  1. ZA v YB LCRO 164/2013 (31 August 2016) [PDF, 93 KB]

    Complaint / Committee declined to take further action on complaints / complaint over delay in uplifting files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 / rule 4.4 / rule 4.4.1 rule 10 / rule 10.3 / treating other lawyers with courtesy and respect / urgency in obtaining files / communication with former client / HELD / no undue delay in providing files / proper to communicate with former client to confirm instructions / Committee’s decision reversed / section 211(1)(a) 
  6. AB v IJ, OBO and EF LCRO 203/2014 (29 August 2016) [PDF, 312 KB]

    Tenor of Standards Committee determination subjective, personal and pejorative, inconsistent with terminology of the LCA. Determination reversed. Finding of unsatisfactory conduct not challenged by applicant, and reinstated (for different reasons) on review. Standards Committee ordered lawyer to pay costs of $5,000. Costs not part of penalty, and should reflect costs and expenses of and incidental to inquiry or investigation.LCRO directed Standards Committee to give lawyer the opportunity to make submissions on costs prior to making an order.
  14. WL & BN v SD LCRO 106/2015 (5 July 2016) [PDF, 65 KB]

    Lawyer sent a letter marked "without prejudice save as to costs" to arbitrator prior to arbitrator reaching decision on substantive matters. Complaint by opposing lawyer that this constituted a breach of r 13.9 of the CCCR.  Standards Committee considered whether lawyer had breached privilege and found breach of r13.9. LCRO advised parties of his preliminary view that r13.9 related only to the issue of privilege in the context of discovery and called for submissions / comments. Respondent (complainant lawyer_ responded that r13.9 was irrelevant and that the issue fell to be determined in accordance with general professional obligations (rules not exhaustive) and rule 2 (requirement to uphold the rule of law). Applicant's counsel agreed with LCRO preliminary review, observing that disputes over the status of without prejudice documents were commonplace and were to be resolved by the judge or arbitrator. He considered it would be 'intolerable' for litigators to be exposed to adverse di…
  17. GN v HJ LCRO 30/2015 (22 June 2016) [PDF, 69 KB]

    Ms GN has applied for a review of a decision by the [Area] Standards Committee [X] dated 15 December 2014. The Committee found that Mr HJ’s failure to provide information to Ms GN contravened rule 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The Committee concluded the fees charged for services provided to Ms GN were fair and reasonable pursuant to rules 9 and 9.1, and decided that further action on the other issues Ms GN raised in her complaint was not necessary or appropriate. A finding of unsatisfactory conduct was recorded against Mr HJ, and he was fined $500.
  23. Law Firm A v Standards Committee LCRO 319/2012 (31 May 2016) [PDF, 72 KB]

    Own motion investigation by NZLS Inspectorate resulted in finding of unsatisfactory conduct for breach of rule 17(1) against all partners, a $500 fine each, and each partner to pay $200 by way of costs. The trust account had become overdrawn on 3 occasions, there were 235 dormant balances dating back to 2002,  and the partnership acknowledged that there had been a failing to account regularly to clients in accordance with requirements of reg12(7) of the Trust Account regulations. The Committee also referred to breaches of s337 of the LCA. The LCRO noted that the consumer protection principles of the LCA meant that compliance with the regulations and the Act relating to management of client funds should be stringently enforced. There was therefore little room to rank breaches on a spectrum as the Committee had, by referring to some breaches as being at the lower end of the spectrum resulting in no further action being taken , with others at the higher end. The Committee viewed the ov…
  25. Official Assignee v IL LCRO 197/15 (24 May 2016) [PDF, 56 KB]

    The OA in bankruptcy complained that IL had provided incompetent advice to a bankrupt concerning his ability to act as an executor of his mother's estate, and advice relating to the bankrupt's ability to renounce his interest as a beneficiary in the Estate. The OA argued that this advice resulted in unnecessary costs to the Estate, thereby reducing the amount to be paid to the OA in respect of the bankrupt's share in the Estate. The Standards Committee declined to take any action in respects of the OA's complaints primarily because the majority of the conduct complained about took place after IL had been struck off the roll of barristers and solicitors. The Standards Committee determined it therefore had no jurisdiction to consider the complaints, as IL was not a "lawyer" as that term is defined in the LCA - (the definition of a lawyer in the LCA is a person who holds a current practising certificate, which IL did not.) The LCRO considered that the Standards Committee reasoning was irr…