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1349 items matching your search terms

  1. LCRO 75/2017, 210/2017 and 212/2017 SW v HB (31 October 2018) [PDF, 425 KB]

    Review / Committee found unsatisfactory conduct against B / both B and O lawyers / employment dispute / complaint B used legal processes for improper purposes / lacked respect and courtesy / misled the court / complaint O communicated directly with B’s client / O used the complaints process for an improper purpose / Employment Court Regulations 2000, regulation 42 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / rule 13.1 / rule 13.2 / rule 13.3 / rule 13.9.3 / proper standards of professionalism / litigation tactics / HELD / B’s litigation tactics do not amount to bullying / no evidence that B’s conduct was inappropriate or that B made threats / no evidence that B used legal processes for improper purposes / B was acting on instructions / Committee’s decision reversed with regards to B’s conduct / Committee’s decision otherwise confirmed / section 211(1)(a)
  2. LCRO 10/2016 CT v WN (31 October 2018) [PDF, 255 KB]

    Complaint / Committee declined to take further action on complaint / ACC dispute / claim struck out / lawyer terminated retainer / complaint lawyer failed to follow instructions / failed to use critical information / Naysmith v Accident Compensation Corporation [2006] 1 NZLR 40 (HC) / EM v Accident Compensation Corporation [2015] NZHC 971, [2015] NZAR 909 / whether client provided lawyer with critical information / HELD / lawyer was acting on  client’s instructions / client did not provide lawyer with critical information / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 122/2018 ZQ v VX (30 October 2018) [PDF, 274 KB]

    Complaint / Committee declined to take further action on complaints / settlement of a business dispute / complaint lawyer did not protect their client’s interests / failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether agreement fit for purpose / HELD / agreement provided dispute resolution processes / representation competent / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 169/2017 NR v WP (30 October 2018) [PDF, 111 KB]

    Complaint / Committee declined to take further action on complaints / sale and purchase of property / complaint lawyer improperly registered a caveat against the title / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 13.2.1 / rule 13.9.1 / rule 13.9.4 / Moevao v Department of Labour [1980] 1 NZLR 464 (CA) / Ridehalgh v Horsefield [1994] Ch 205 (CA) / use of legal processes for improper purpose / abuse of process / HELD / lawyer was not acting for applicant / caveat lodged for proper purpose / no basis for complaint / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 195/2016 AJR v BKT (29 October 2018) [PDF, 159 KB]

    Complaint / Committee declined to take further action on complaints / liquidation of companies / lawyer instructed by liquidator / complaint that lawyer disclosed privileged or confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / rule 13.2.1 / rule 13.9.1 / rule 13.9.4 / discovery obligations / duty to treat others involved in the court process with respect / HELD / lawyer was not acting  for applicant / discovery involved large amounts of material / lawyer did not lack respect for applicant’s privacy / nothing more the lawyer could have done / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 47/2016 FD v QB (16 October 2018) [PDF, 164 KB]

    Complaint / Committee declined to take further action on complaints / will dispute / applicant estate beneficiary / complaint lawyer provided incorrect advice / incorrectly recorded time spent on file / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / third party duties / HELD / limited duties owed to third parties / applicant not a client of the lawyer / not entitled to know advice given to executors / no evidence to support allegations / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 58/2018 QD v FZ (12 October 2018) [PDF, 133 KB]

    Review / Committee found unsatisfactory conduct / lawyer acted for legally aided client / client terminated retainer / lawyer did not appear in court / Court required lawyer to seek leave to withdraw as counsel and an explanation their non-attendance / lawyer wrote a memorandum to the court highly critical of client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 13 / rule 13.8 / proper standards of professionalism / lawyer’s duty not to attack reputation / HELD / lawyer must inform the Court if the retainer is terminated / content of memorandum was not professional / Committee’s decision confirmed / section 211(1)(a)
  12. 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)
  13. 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)
  14. 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)
  15. 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)
  17. 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)
  18. 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)
  19. 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)
  20. 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)
  22. 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)
  23. 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)
  24. 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.
  25. 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.