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1329 items matching your search terms

  1. LCRO 100/2019 & 168/2019 Company A Limited v WC and VB (30 April 2020) [PDF, 143 KB]

    Complaint / Committee declined to take further action on complaint / fee complaint / complaint fees were excessive, unfair and unreasonable, and that time was not accurately recorded / also, lawyers did not provide information about fees / whether estimate exceeded / Lawyers and Conveyancers Act 2006, section 132(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / various invoices complained about / section 132(2) / complainant is not a person chargeable with a bill of costs for a number of invoices / regulation 29 / ten invoices presented near end retainer / a number are under $2,000 / files are unrelated, no reason to aggregate / lawyer gave initial fee indication, which was exceeded / basis of estimate changed as retainer unfolded, common sense that estimate could not be relied on anymore / lawyer should have up…
  2. LCRO 9/2020 SC v KB and ZR (30 April 2020) [PDF, 110 KB]

    Complaint / Committee declined to take further action on complaint / Treaty of Waitangi claim / complaint lawyer perverted the course of justice and sabotaged treaty claim / second complaint / HELD / issues raised were addressed in an earlier complaint / repetition of allegations / once heard and addressed, a complaint can only be revisited in rare circumstances where compelling reasons justify further inquiry / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
  3. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [PDF, 181 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / judge referred Minute addressing lawyer’s behaviour to NZLS as complaint / own-motion inquiry / complaint lawyer acted as a witness and incorporated opinion (views on the evidence) in a memorandum / Evidence Act 2006, section 129 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5 / rule 13.5.4 / H v S (Counsel: Debarment) [2016] NZHC 409 / HELD / lawyer annexed scientific papers to client’s affidavit about their methamphetamine use / rule 13.5 breached / lawyer familiar with scientific matters / client’s affidavit recites lawyer’s scientific qualifications and contained evidence by proxy from the lawyer / absolute requirement for lawyer to maintain their independence when conducting litigation before court / total prohibition on lawyers presenting evidence to the court / insufficient time and client funds to obtain expert evidence as to scientific evidence on methamphetamin…
  4. LCRO 118/2018 VT v MQ (18 March 2020) [PDF, 157 KB]

    Complaint / Committee declined to take further action on complaint / Resource Management Act 2001 prosecution / complaint lawyer charged fees without written authority and inappropriately claimed a lien over files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.4.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / HELD / lawyer advised client the fee limit was unworkable / could require daily confirmation / client did not hold lawyer to fee limit / trust account debited in compliance with regulation 9(1)(a) / lien appropriate / no evidence of professional conduct issue / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 101/2019 YK v RN (17 March 2020) [PDF, 146 KB]

    Complaint / Committee declined to take further action on complaint / property settlement matter / complaint lawyer provided incompetent advice, and did not follow up with vendor’s lawyer to confirm whether an extension had been granted / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / whether lawyer responsible for ascertaining if an extension of time has been agreed to must be considered on its particular facts / client was aware of time available for extension to be granted / no evidence client would confirm contract if extension not granted / no evidence lawyer provided incompetent advice / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 146/2019 AC v CJ (12 March 2020) [PDF, 146 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide copies of invoices to complainant (residuary beneficiary) before debiting fees from estate funds held in trust account / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act 2006, section 160 / Raunch v Maguire [2010] 2 NZLR 854 (HC) / IV v DD LCRO 272/2012 / Commissioner of Stamp Duties (Queensland) v Livingston [1965] AC 694 (PC) / HELD / residuary beneficiary in an estate has no legal or equitable interest in the assets of the estate until the residue crystallises / lawyer not required to provide residuary beneficiaries with copies of invoices before debiting those fees from estate funds in trust account / Committee’s decision reversed / section 211(1)(a)
  7. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [PDF, 130 KB]

    Jurisdiction / whether application for review made out of time / application delayed by courier / Lawyers and Conveyancers Act 2006, section 198 / Lawyers and Conveyancers Amendment Act 2012 / Interpretation Act 1999, section 29 / Contract and Commercial Law Act 2017, section 211 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v OI LCRO 19/2013 (2 April 2013) / HELD / application filed out of time / review officer has no discretion to extend timeframe / proof of service / no legislation that precludes email as a method of filing or service / five working day presumption in section 198 is rebuttable / no jurisdiction
  8. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [PDF, 199 KB]

    Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer acted for a client and grandson in a conflict of interest situation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / Sandy v Kahn LCRO 181/2009 / ZAA v YBC LCRO 243/2013 / Taylor v Schofield Peterson [1999] 3 NZLR 434 / HELD / distinction between contentious and non-contentious matters / more than negligible risk that lawyer would be unable to discharge obligations owed to one or more clients / transfer of property to family trust / client’s consent insufficient to manage conflict issue / disciplinary process not a substitute for civil proceedings / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 104/2018 CJ v MV (28 February 2020) [PDF, 189 KB]

    Review / Committee declined to take further action on complaint / notice of claim and caveat in relationship property matter / complaint lawyer did not take reasonable care in respect of notice of claim / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / HELD / lawyer did not obtain post-registration search to confirm registration of notice of claim / admitted breach of rule 3 / fees fair and reasonable / Committee’s decision reversed / unsatisfactory conduct pursuant to section 12(c) for breach of rule 3 / $500 fine ordered / section 211(1)
  11. LCRO 68/2019 NI v RC and OD (28 February 2020) [PDF, 175 KB]

    Complaint / Committee declined to take further action on complaint / employment relations matter / complaint lawyer failed to act competently, respond to inquiries, keep client informed about progress on case or treat them with respect and courtesy / fee complaint / client felt pressured to sign settlement agreement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no evidence of breach of professional standards regarding complaint / opposing party issued deadline for settlement agreement / invoice narration suggests two invoices may be issued for same work / during application for review, lawyer failed to provide evidence supporting invoices requested under s 207 of the Lawyers and Conveyancers Act 2006 / Committee’s decision confirmed / section 211(1)
  14. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [PDF, 102 KB]

    Complaint / Committee declined to take further action on complaint / estate administration / complaint lawyers allowed executors to breach High Court freezing orders / applicants are not lawyers’ clients / duties to non-clients / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / lawyers not responsible for breach of freezing orders / lawyers owe limited obligations to non-clients / no evidence of discourtesy or lack of authority to make payments / Committee’s decision confirmed / section 211(1)
  16. LCRO 130/2018 UH v OB (12 February 2020) [PDF, 165 KB]

    Complaint / Committee declined to take further action on complaint / Immigration Advisers Complaints and Disciplinary Tribunal proceedings / complaint lawyer provided negligent advice and representation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / no evidence of breach of professional standards / allegations against a lawyer must be supported by evidence / Committee’s decision confirmed / section 211(1)
  17. LCRO 38/2019 & 151/2019 Yuri Lukas v ZE (30 January 2020) [PDF, 167 KB]

    Complaint / Committee found unsatisfactory conduct / immigration application / complaint lawyer did not act in a timely manner, charged fees that were more than fair and reasonable, and that their practice did not preserve the reputation of the legal profession / fee complaint / client overpaid invoice / Committee ordered publication of name / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / HELD / instructing solicitor does not appear to have been involved in relationship between client and lawyer / Standards Committee directed to investigate instructing solicitor and overpayment of invoice issue / section 209(1) / lawyer achieved nothing of value for client / publication order confirmed / Committee’s decision confirmed / section 211(1)(a).  (See also minute dated 30 October 2019)
  18. LCRO 116/2019 RLF v DN (29 January 2020) [PDF, 211 KB]

    Complaint / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide explanations for actions during estate administration / duties during estate administration / Davis v Mancer [2015] NZHC 3005 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 7.1 / Administration Act 1969 / Protection of Personal and Property Rights Act 1988 / Senior Courts (Access to Court Documents) Rules 2017 / HELD / estate’s lawyer’s client is the executor, not the beneficiaries / does not owe beneficiaries professional duties owed to clients / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 24/2017 HC v DASH (24 January 2020) [PDF, 216 KB]

    Complaint / Committee found unsatisfactory conduct / property transaction and land registration / complaint lawyer incorrectly registered property in the name of trustees rather than the client, acted for more than one client, and failed to terminate retainers / Sandy v Kahn LCRO 181/2009 (9 December 2009) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 3 / rule 6 / rule 6.1 / rule 6.1.2 / HELD / insufficient evidence to determine what instructions were given regarding registration of property / more than negligible risk of conflict / parties required independent advice / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 145/2019 TS v NU and VL (21 January 2020) [PDF, 128 KB]

    Complaint / Committee declined to take further action on complaint / criminal proceedings / complaint lawyer did not take steps to recuse judge or delay trial, and ignored instructions to appeal / Saxmere Co Ltd v Wool Board Disestablishment Co Ltd [2009] NZSC 72 / Saxmere Co Ltd v Wool Board Disestablishment Co Ltd (No 2) [2009] NZSC 122 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 13 / HELD / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [PDF, 239 KB]

    Review / Committee found unsatisfactory conduct / property transaction / complaint lawyer emailed represented client and others directly, alleging their lawyer’s negligence / disputed interpretation of legislation / Unit Titles Act 2010 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.1 / rule 10.2 / HELD / unsatisfactory conduct found / breach of rule 10.1 / degree and extent of lawyer’s negligence allegations breach rule 10.1 / $2,000 fine and apology ordered / unable to conclude that lawyer knowingly and deliberately directly communicated with represented client; no finding lawyer breached rule 10.2 / legal executive breached personal obligation to act responsibly when sending the emails, but no penalty due to subservient position / Committee’s decision modified / section 211(1)
  22. LCRO 87/2018 QZ v FZB (20 December 2019) [PDF, 231 KB]

    Review / Committee found unsatisfactory conduct / probate and estate administration / complaint lawyer twice invoiced former client and delayed providing client file to new lawyer due to lien / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / HELD / one invoice validly issued after the retainer was terminated for pre-termination attendances / however, second invoice not validly issued due to termination of retainer / reliance on lien for non-payment of second invoice inappropriate / Committee’s decision modified to reflect one invoice validly issued / penalty confirmed / section 211(1)(a)
  23. LCRO 1/2018 SY v LT and LN (17 December 2019) [PDF, 224 KB]

    Review / Committee found unsatisfactory conduct / administration of estate / complaint lawyer retained portion of estate funds to cover potential claims and did not sufficiently progress administration / dual role when lawyer also acts as executor / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7.1 / rule 12 / Davis v Mancer [2015] NZHC 3005 / Auckland Standards Committee v Johnston [2011] NZLCDT 14 / Waikato Bay of Plenty Standards Committee No. 1 v Campion [2019] NZLCDT 20 / HELD / conduct not captured by rule 7.1 which is directed towards clients / lawyers owe duties under rule 12 to third parties, including beneficiaries / no progress in administering estate for several years / breach of section 12(a) / Committee’s decision modified to reduce fine from $3,000 to $1,000 / Committee’s decision otherwise confirmed / section 211(1)(a)
  24. LCRO 184/2018 DP v VK (17 December 2019) [PDF, 153 KB]

    Review / Committee found unsatisfactory conduct / limited partnership representing general partner / complaint lawyer represented two entities in conflict of interest / whether retainer existed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / Limited Partnerships Act 2008 / HELD / lawyer represented general partner company in limited partnership but there is no evidence they represented the limited partnership / the general partner sharing information with the limited partnership does not evidence a retainer between the lawyer and the limited partnership / Committee’s decision reversed / unsatisfactory conduct finding reversed / section 211(1)(a)
  25. LCRO 104/2017 CH v SL (16 December 2019) [PDF, 167 KB]

    Complaint / Committee declined to take further action on complaint / enduring power of attorney / complaint donor not mentally competent to execute EPOA / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Den v Vancleve (1819) 2 Southard 660 / Re K (Enduring Powers of Attorney) [1988] 2 WLR 781 / Hoff v Atherton [2004] EWCA Civ 1554 / Simon v Byford [2014] EWCA Civ 280 / HELD / complaints process does not offer parallel jurisdiction for determination of professional negligence / no clear-cut evidence of professional standards issue / earlier medical report complainant relies on was not made available to lawyer / Committee’s decision confirmed / section 211(1)(a)