Date of decision: 1 May 2018
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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)
Complaint / Committee declined to take further action on complaints / complaint lawyer unprofessional / fees excessive / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 5.3 / rule 9.1 / respect and courtesy / competent and independent advice / HELD / fees fair and reasonable / lawyer respectful and courteous / Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 04 April 2018.
Date of Decision: 29 March 2018.
Complaint / Committee declined to take further action on complaints / complaint over enduring power of attorney / capacity to create power of attorney / lack of independent witness / Protection of Personal Property Rights Act 1988 section 94A / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 6 / conflict of interest / HELD / lawyer not independent witness / unsatisfactory conduct / acted competently regarding capacity / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / transfer of interest in property / lack of independent advice / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 6.1 / rule 6.1.1 / informed consent / HELD / conflict of interest between all parties / lawyer unable to discharge duties / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a) DT(OV)
Complaint / Committee declined to take further action on complaints / enduring power of attorney / disclosure of information to third party / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.4 / rule 8.5 / rule 8.6 / HELD / rule 8.4 does not apply / information not confidential / Committee’s decision confirmed / section 211(1)(a) RM
Complaint / Committee declined to take further action on complaints / Lawyers and Conveyancers Act 2006 section 6 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.3 / rule 2.7 / rule 13.5 / lawyer conducting investigations for client / HELD / lawyer providing legal work / limited obligation to third party / no improper purpose or threats / lawyer independent in litigation / Committee’s decision confirmed / section 211(1)(a) DT
Complaint / Committee found unsatisfactory conduct / complaint lawyer inadequately supervised / fee complaint / failure to advise / complaint about conduct of litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 4.4.2 / rule 4.4.4 / rule 9 / rule 11.3 / rule 13.4 / rule 14.13 / rule 14.15.3 / failure to transfer files / failure to carry out work on files / alternatives to litigation / HELD / no failure to supervise lawyer / work ceased due to non-payment of fees / no undertaking to pay firms fees / Committee’s decision reversed / section 211(1)(a) DT(OV)
Complaint / Committee found unsatisfactory conduct / fee complaint / Committee ordered fee reduction / review only of unsatisfactory conduct / both parties support reversing of unsatisfactory conduct / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / Maguire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / fees already refunded / views of complainant relevant / no broader issues arise / Committee’s decision reversed / section 211(1)(a) RM (RH)
Complaint / Committee declined to take further action on complaints / fee complaint / complaint lawyer failed to honour undertaking / lawyer as client / jurisdiction to hear complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 10.7 / rule 14.4 / instructing solicitor / HELD / lawyer not providing regulated services / fee dispute resolved / Committee’s decision confirmed / section 211(1)(a) RM
Complaint / Costs decision / Lawyers and Conveyancers Act 2006 section 210(1) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.9 / discovery obligations / Client O v Lawyer S LCRO 35/2009 (2 June 2009) / HELD / costs awarded / needless costs caused to respondent / section 210(1) DT
Complaint / Committee found unsatisfactory conduct / complaint about will / probate need to be granted in UK / exceeded quoted fees / service not timely or competent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7.1 / rule 7.2 / scope of retainer / duty to keep client informed / HELD / scope of retainer did not cover UK probate / fees reasonable and in line with estimate / service not timely / client not kept informed of progress / no conduct issues in regards to junior lawyer / senior lawyer censured / Committee’s decision modified / section 211(1)(a) RM
Complaint / Committee declined to take further action on complaints / purchase of business / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / rule 6 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / act competently / following instructions / protecting client’s interests / HELD / insufficient evidence respondent incompetent / failure to follow instructions / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / dispute over trust / reinvestment of trust funds / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 13.2 / facilitate administration of justice / duty to court / HELD / status of funds at issue / breach of rule 2 / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / Property (Relationships) Act 1976, section 21J / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / rule 6 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / duty to act competently / duty to follow instructions / duty to inform / duty to ensure client understands risks / HELD / insufficient evidence / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint over fees / complaint estimate exceeded / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9 / rule 9.1 / Milnathort v Rhayader LCRO 140/09 (23 November 2009) / HELD / fees fair and reasonable / estimate updated as required / Committee’s decision confirmed / section 211(1)(a)