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1328 items matching your search terms

  1. LCRO 42/2018 MF v Standards Committee (10 October 2018) [PDF, 262 KB]

    Review / Committee found unsatisfactory conduct / purchase of a property / clients used KiwiSaver funds / funds paid to clients / breach of undertaking given to bank / KiwiSaver Act 2006, schedule 1, rule 8 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / W v Auckland Standards Committee 3 of the New Zealand Law Society [2012] NZCA 401, [2012] NZAR 1071 / HELD / undertakings should be adhered to / funds should have been returned to the bank / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 66/2015 OB v FL (2 October 2018) [PDF, 191 KB]

    Complaint / Committee declined to take further action on complaints / administration of estate / dispute between executors / joint instructions / lawyer acted for the estate / complaint lawyer acted when there was a conflict of interest between executors / failed to provide a letter of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 6.1 / rule 9.1 / HELD / lawyer only acted on joint instructions  / lawyer’s duties were to the estate / lawyer voluntarily reduced fees / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 202/2015 BT v DG (1 October 2018) [PDF, 234 KB]

    Complaint / Committee declined to take further action on complaints / the client asked the lawyer for a legal opinion / complaint lawyer failed to follow instructions / lawyer did not have an instructing solicitor / whether Committee failed to investigate complaints / HELD / disagreement with a legal opinion not a ground for complaint / Committee investigated complaints / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 238/2015 NS v LO (28 September 2018) [PDF, 152 KB]

    Complaint / Committee declined to take further action on complaints / dissolution of business partnership / lawyer had acted for both partners / complaint of conflict of interest / use of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8.1 / HELD / lawyer was not acting for applicant / applicant legally represented / disclosures made were not confidential information / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [PDF, 325 KB]

    Review / Committee found unsatisfactory conduct against NS and TD / NS and TD both lawyers / Family Court proceedings / NS had a conflict of interest when acting for multiple parties in the dispute / continued to act when evidence from former client was at issue in the proceedings / TD wrongfully disclosed information when making a complaint against NS / Evidence Act 2006, section 53 / section 57 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.8 / rule 2.9 / rule 6  / rule 6.1 / rule 6.1.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / use of privileged information / whether disclosure permitted / lawyers duty to report misconduct / HELD / conflict of interest as NS would unable to discharge all duties to clients / NS unable to challenge evidence without breaching duty of confidence to former client / TD able to fulfil duty to report misconduct without use of privileged material / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [PDF, 289 KB]

    Complaint / Committee declined to take further action on complaints / Family Court proceedings / complaint lawyer increased costs to applicants / acted incompetently / misled the Court / acted unprofessionally / sent an intimidating email to the applicants / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.2 / rule 6 / rule 10.2 / rule 13 / whether complaints put to lawyer / duty to third parties / respect and courtesy  / judicial criticism of lawyer / HELD / Committee put complaints to lawyer / lawyer failed follow timetabling instructions / lawyer made an unfounded attack on applicants / lawyer should not have directly contacted applicants / conduct unsatisfactory / Committee’s decision otherwise confirmed / section 211(1)(a)
  8. LCRO 60/2016 MO v Standards Committee (27 September 2018) [PDF, 174 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / renewals of mortgages without providing a property valuation / Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008, rule 13 / schedule 4, paragraph 8 / Auckland Standards Committee 2 v Burcher [2015] NZLCDT 47 / AP v ZG LCRO 278/2012 (14 March 2012) / BD v GA 186/2013 (5 May 2014) / whether a valuation was required upon renewal of the loan / HELD / renewal of a loan is the same as an investment / not all partners played a significant role in the nominee company / censure reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
  9. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [PDF, 175 KB]

    Review / Committee found unsatisfactory conduct / own motion investigation / renewals of mortgages without providing a property valuation / Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008, rule 13 / schedule 4, paragraph 8 / Auckland Standards Committee 2 v Burcher [2015] NZLCDT 47 / AP v ZG LCRO 278/2012 (14 March 2012) / BD v GA 186/2013 (5 May 2014) / whether a valuation was required upon renewal of the loan / HELD / Committee directed to address reasons why it did not proceed against all partners in the firm / renewal of a loan is the same as an investment / not all partners played a significant role in the nominee company / censure of second applicant reversed / Committee’s decision otherwise confirmed / section 211(1)(a)
  11. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [PDF, 232 KB]

    Complaint / Committee declined to take further action on complaints / purchase of a business / complaint lawyer deducted fees from funds held by the lawyer / breach of confidentiality / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 10.3 / whether lawyer should have provided a new letter of engagement / use of a statutory demand / HELD / lawyer had an undertaking to disclose information /  / Committee directed to reconsider if fees fair and reasonable / Committee’s decision otherwise confirmed / section 211(1)(a)
  12. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [PDF, 314 KB]

    Review / Committee found unsatisfactory conduct / agreement to purchase property and for construction of a house / deposit held by stakeholder / deposit paid to builder / lawyer failed to recognise the nature of the undertaking given by the builder’s lawyer and seek clarification / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 7 / rule 7.1 / rule 7.2 / rule 10.3.2 / KD v WW LCRO 83/2011 (30 March 2011) / duty to advise clients and ensure they understand retainer / HELD / lawyer failed to respond to clients’ request for advice / builders lawyer did not give an undertaking / issues of contractual interpretation are matters for the court to consider / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 250+251/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
  14. LCRO 251+250/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
  15. LCRO 283/2014 AD v FR and OR (31 August 2018) [PDF, 219 KB]

    Review / Committee found unsatisfactory conduct / dispute with real estate agents / lawyer threatened to make complaint about agents / threatening to use legal processes for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 2.10 / SC v JT LCRO 382/2013 (30 June 2017) / whether demand for compensation improper / HELD / purpose of disciplinary regimes consumer protection / use of threat of disciplinary action improper / fine excessive and reduced on review / Committee’s decision otherwise confirmed / section 211(1)(a)
  16. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [PDF, 214 KB]

    Complaint / Committee declined to take further action on complaint / estate dispute / lawyers were executors and trustees of estate / complaint about sale of property to beneficiary of estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 7.1 / Hansen v Young [2004] 1 NZLR 37 (CA) / Morpeth v Ramsey LCRO 110/2009 (12 November 2009) / whether lawyers providing regulated services / HELD / partners in firm cannot be subject of complaint if they have not been involved / actions taken as trustee not reviewable by Office / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 144/2016 QT v UF (24 August 2018) [PDF, 245 KB]

    Review / Committee found unsatisfactory conduct / conflict of interests / failure to provide competent advice / lawyer acted as lender and borrower in a loan agreement / review of penalty decision / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 35, [2010] 1 NZLR 35 / AF v X LCRO 84/2014 (8 October 2014) / bias of Committee member / previous disciplinary history / HELD / no evidence of bias in Committee’s decision / no disciplinary history at the time conduct occurred / fine reduced / Committee’s decision modified / section 211(1)(a)
  19. LCRO 71/2016 ZB v YA (23 August 2018) [PDF, 230 KB]

    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)
  20. LCRO 7/2016 Mr and Mrs YJ v XW (22 August 2018) [PDF, 166 KB]

    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)
  22. LCRO 124/2016 LE v AP and MC (20 August 2018) [PDF, 191 KB]

    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)
  24. LCRO 254/2015 CW v QA (13 August 2018) [PDF, 108 KB]

    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)