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1269 items matching your search terms

  1. LCRO 15/2021 JBC Limited v KD (24 August 2021) [PDF, 209 KB]

    Review / Committee declined to take further action / subdivision consent and easement / complaint lawyer not competent in advising complainant to take judicial review proceedings, did not raise relevant matters in the proceedings, and did not advise on litigation risk / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / VM v XZ [2020] NZLCRO 216 / HELD / lawyer advised complainant of litigation risk and discretionary nature of judicial review / indication law was “well-settled” by judge / no evidence lawyer’s arguments lacked merit / representation was meticulous / adverse costs order cannot be considered part of lawyer’s fee in fee complaint / comparison between fees and High Court Rules scale a useful starting point, but not a determinative factor / applicable test for fees is in rule 9 and 9.1 / Committee’s superficial fee analysis must be returned to the Committee for first instance determination / section 209 / Committee…
  2. LCRO 114/2021 DY v WJ (20 August 2021) [PDF, 152 KB]

    Complaint / Committee declined to take further action / inquiries made by counsel to judge / complaint lawyer asked inappropriate question about witness’s gender / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / HELD / professional disciplinary bodies have important role in regulating conduct demonstrating prejudice / not persuaded lawyer’s question to judge was, in context, unprofessional, discourteous or disrespectful / no reasonable cause of action / application for review struck out / section 205(1)(a)
  3. LCRO 80/2019 ZB v YC (18 August 2021) [PDF, 204 KB]

    Complaint / Committee declined to take further action / in-house counsel in insolvency firms and insolvency proceedings / complaint in-house lawyer provided regulated services to the public, and the lawyer failed to inform the court of available defences and material facts / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / rule 13.1 / HELD / in-house counsel complaint being pursued as an own-motion inquiry by Committee as complainant lacks sufficient personal interest / complainant’s wish to receive Committee’s ruling for business purposes insufficient to establish personal interest, amounts to legal advice / LCRO does not have jurisdiction to determine correctness of contested litigation issue / concerns in complaint addressed in High Court decision / complaints process not an alternative form to relitigate matters / presiding judicial officer should raise issue about potential lapse / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 106/2021 TH v QA (17 August 2021) [PDF, 149 KB]

    Complaint / Committee declined to take further action / conveyancing transaction / complaint opposing party’s lawyer obtained and used personal information about complainant unethically or unlawfully / also, increased costs of litigation, claimed excessive and unreasonable costs, and attempted to influence a witness / HELD / no credible or cogent evidence to support serious allegations made / theft of personal information concern should be addressed by Police or Privacy Commissioner / improper cross-examination complaint within jurisdiction of presiding judicial officer and should have been argued at the time / no criticism from presiding judicial officer regarding lawyer’s conduct / bias allegation about Committee members not substantiated / abuse of process / application for review struck out / section 205(1)(d)
  6. LCRO 112/2019 EQ v XD (30 July 2021) [PDF, 162 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer failed to act competently and in a timely manner, and treat complainant with respect and courtesy / also, conveyancing work completed negligently and in conflict of interest / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 72 / HELD / procedural irregularity / Committee member was friends with lawyer / Committee member identified and declared conflict from the outset, but adopted a wait-and-see approach / involvement more than a disinterested or distanced observer / circumstances do not satisfy Saxmere test / another Committee directed to reconsider and determine whole complaint / section 209
  7. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 233 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding content of apology ordered by LCRO / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / Committee not required to provide reasons for prosecutorial decision / no basis to claim apology was to be reviewed by LCRO for acceptability before being sent to complainant / apology provocative / Committee reasonable to determine apology raised legitimate disciplinary issues / no reason to interfere with referral / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 68/2021 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 190 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding undisbursed estate funds and delay / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / lawyer’s argument conduct referred to Tribunal has already been determined in prior disciplinary proceedings not substantiated / matters not sufficiently similar / continuing delay in finalising estate not explained by continuing issues in resolving previous adverse conduct findings relating to trust account management / no prejudice / steps to finalise estate simple / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 216/2020 YH v DP (29 July 2021) [PDF, 176 KB]

    Review / Committee declined to take further action / litigation fees / complaint lawyer was not efficient, legal fees exceeded recovery, and did not invoice in accordance with terms of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, reg 29 / VM v XZ [2020] NZLCRO 216 / HELD / Committee incorrectly applied reg 29 / only reviewed last nine months of fees / Committee’s fee complaint analysis was superficial and proceeded only on the basis of the complaint and the response / Committee directed to reconsider complaint / section 209
  10. LCRO 76/2020 FV v GT (23 July 2021) [PDF, 269 KB]

    Complaint / Committee declined to take further action / tax liability and liquidation proceedings / complaint lawyer did not competently communicate or negotiate with IRD, or advise about liquidation proceedings, and failed to appear in court when instructed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / HELD / jurisdiction / application accepted outside of prescribed time limit under COVID-19 relief legislative discretion in earlier Minute / challenge to earlier Minute must proceed by way of judicial review / negotiation with IRD required complainant to secure funds / IRD not persuaded to further defer liquidation proceedings / no substantive defence / not satisfied lawyer’s retainer limited to negotiations / complainant had reasonable expectation lawyer would attend court / technical and inconsequential breach of rule 4.2 / lawyer did not contribute to inevitable outcome / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 92/2021 AZ v BY (19 July 2021) [PDF, 134 KB]

    Complaint / Committee declined to take further action / estate matter / complaint about estate lawyer’s implementation of Deed of Family Arrangement / HELD / extent of Committee’s inquiry into a complaint is a matter of discretion for the Committee / not a function of professional disciplinary process to resolve dispute over interpretation of Deed or closely supervise lawyer undertaking work related to the Deed / complainant’s questions can be tested and resolved in an adversarial process / abuse of process / application for review struck out / section 205(1)(d)
  15. LCRO 78/2020 NS v GL (29 June 2021) [PDF, 182 KB]

    Review / Committee declined to take further action / family law proceedings / complaint lawyer did not advise complainant against not responding to a request for an undertaking in lieu of applying for a protection order / J v Auckland Standards Committee 1 [2018] NZHC 2706 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / YR v OS LCRO 3/2019 / HELD / client was prepared to acquiesce to request outlined in undertaking, but did not want to respond / lawyer was aware of consequences of obtaining protection order but did not advise against non-response strategy / protection order applied for / failed to protect and promote client’s interests / Committee’s decision reversed / unsatisfactory conduct found pursuant to s 12(a) / section 211(1)(a)
  16. LCRO 1/2020 NR v YB (28 June 2021) [PDF, 150 KB]

    Review / Committee found unsatisfactory conduct / civil proceedings / review of penalty determination / complaint lawyer did not advise client of hourly rate increase, cost of phone calls, and added 2015 work to a 2018 invoice, and did not return deposit after client terminated retainer / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.6 / rule 9.6 / HELD / lawyer cannot demonstrate client advised of hourly rate increase / delay in issuing invoice caused no harm / no evidence fees relate to work not done / shortcomings relatively minor in context / $4,000 fine and censure orders accepted as disproportionate, even in context of prior disciplinary history / Committee’s decision modified by reversing censure order, and reducing fine to $1,000 / section 211(1)(a)
  17. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [PDF, 356 KB]

    Review / Committee found unsatisfactory conduct / immigration applications / complaint lawyer failed to provide clear, not misleading information about fees and services / charged fees that were not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.6 / rule 3.4 / rule 9 / rule 9.1 / HELD / Committee only provided reasons for one of four tranches of fees in fee complaint / first tranche fair and reasonable but fees agreement conflated disbursements into fee component, charging GST on disbursements exempt from GST / whether second tranche properly chargeable / fee agreement inconsistent with lawyer’s understanding, client not liable / authority to charge fourth tranche not provided in writing as required by rule 3.4, but fair and reasonable / Committee’s findings reversed in part regarding fee complaint, and modified to reduce fine to $3,500 / Committee’s decision otherwise confirmed / section 211(1)(a) 
  18. LCRO 122/2020 G & P LN v Todd Whitcombe and RC findings & publication decisions (4 May 2021 & 22 June 2021) [PDF, 397 KB]

    Decision as to publication of two lawyers’ names / lawyers in same firm represented both sides in property transaction / S v Wellington District Law Society [2001] NZAR 465 (HC) / Director of Proceedings v Nursing Council of New Zealand [1999] 3 NZLR 360 (HC) / Dean v Wellington District Law Society HC Wellington CIV-2006-485-2961, 26 July 2007 / Gill v Wellington District Law Society HC Wellington AP120/93, 7 December 1993 / HELD / in relation to senior lawyer, public need to know that lawyer allowed conflict of interest to develop / future clients will be able to recognise a similar situation and raise the matter / present or future employees can be guarded against being placed in same position as junior lawyer / publication of name ordered / in relation to junior lawyer, they are now aware to be on high alert against being placed in same situation / no publication order
  20. LCRO 186/2019 ZU v FD (15 June 2021) [PDF, 246 KB]

    Review / Committee found unsatisfactory conduct / will matter / lawyer acted as co-executor / complaint lawyer did not disclose information, did not act in a timely manner, and provided incompetent advice / HELD / jurisdiction / Committee’s advice on its initial determinations did not constitute a notice of determination / lawyer provided regulated services when passing on legal advice to co-executor / advice to co-executor not incompetent / lawyer’s co-executor refused to consent to distribution of estate / executor not entitled to act unilaterally / Committee’s decision reversed / section 211(1)(a) 
  21. LCRO 66/2021 OW v HP (11 June 2021) [PDF, 116 KB]

    Complaint / Committee found it lacked jurisdiction / complaint lawyer’s fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, reg 29 / HELD / jurisdiction to assess fee complaint requires “special circumstances” as fee does not exceed $2,000 / no special circumstances found on review / terms of engagement permitted the involvement of more than one lawyer / no evidence hourly rate abnormally or uncommonly high / fee indicative of work completed / application for review discloses no reasonable course of action / application for review struck out / section 205(1)(a) 
  22. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [PDF, 225 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding trust funds / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / HELD / Committees not required to provide reasons for prosecutorial decisions / no threshold test for prosecutorial decisions / lawyer has not yet been served with charges / as a matter of fairness, providing a copy of charges should occur within a short space of time of issuing notice of determination / notice of hearing adequately notified lawyer of Committee’s misconduct concern / lawyer’s request to have matter referred back to Committee so they can obtain relevant documents declined / time to obtain documents was upon receiving Committee’s notice of hearing / Committee’s decision confirmed / section 211(1)(a) 
  23. LCRO 125/2019 AB v CD and EF (3 June 2021) [PDF, 238 KB]

    Complaint / Committee declined to take further action / will matter / complaint lawyer represented two clients and did not verify affidavit / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.1 / rule 8.7 / rule 10.2 / Black v Taylor [1993] 3 NZLR 403 (CA) / HELD / conflict of interest / lawyers acted for two clients when their interests coincided / when interests diverged, clients instructed separate lawyers / lawyers could not contact complainant directly for consent / complainant’s lawyers did not raise objection / no breach of rule 6.1 / confidential information / personal characteristics / not clear “insights” into personal characteristics are confidential / no characteristic identified that would provide advantage / other client would have been able to impart knowledge about characteristics / no breach of rules 8.7 or 8.7.1 / lawyer held corroborating evidence regarding affidavit / Committee’s decision confirmed / section 211(1)(a) 
  24. LCRO 147/2020 KQ v [Area] Standards Committee [X] (1 June 2021) [PDF, 144 KB]

    Complaint / Committee found unsatisfactory conduct / domestic violence proceedings / own-motion complaint against partner following complaint by police prosecutor that lawyer acted for victim and defendant in conflict of interest / Judge also referred conflict concerns to Law Society / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.2 / rule 6.1.3 / HELD / unable to act where there is a more than negligible risk lawyer may be unable to discharge obligations to one or more clients / acting for victim against production order of medical records, intertwined with defendant’s interests / perceived compatibility of interests not demonstrated by facts / if Committee did not conclude partner was also representing clients, it would have been open to consider partner’s obligations under rule 11.3 to ensure competent supervision / Committee’s decision confirmed / section 211(1)(a) 
  25. LCRO 148/2020 PV v GY (31 May 2021) [PDF, 269 KB]

    Complaint / Committee found unsatisfactory conduct / domestic violence proceedings / complaint by police prosecutor that lawyer acted for victim and defendant in conflict of interest / judge also referred conflict concerns to Law Society / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.2 / rule 6.1.3 / HELD / unable to act where there is a more than negligible risk lawyer may be unable to discharge obligations to one or more clients / acting for victim against production order of medical records, intertwined with defendant’s interests / caution to clients that if conflict arose lawyer would cease acting, impermissibly shifts responsibility for identifying and notifying conflict, to clients / lawyer initially identified she could not represent victim / perceived compatibility of interests not demonstrated by facts / supervising partner approved lawyer acting / Committee’s decision confirmed / section 211(1)(a)