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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)
Review / Committee declined to take further action on complaints / administration of estate / requirement to produce ID / Privacy Act 1993, principle 12(4) / XG v BC LCRO 131/2011 (24 June 2013) / deduction of fees / misleading Review Officer/ role of Privacy Commissioner / HELD / Review Officer and Privacy Commissioner not misled / entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / LandOnline e-dealing / Land Transfer Act 1952 section 164 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.5 / rule 3 / ensuring accuracy of certificates / reliance on superior’s assurances / HELD / applicant did not ensure accuracy / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / respondent acted for applicant in relationship property dispute / Lawyers and Conveyancers Act 2006 section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 4.2 / rule 10.3.2 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Gilbert v Shannahan [1998] 3 NZLR 528 (CA) / fixed fee retainer / failure to seek clarifying orders / stakeholder of funds in trust account / obligation to pay money / HELD / no breach of section 110 / retainer not terminated / retainer covered clarifying orders / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint lawyer made threats / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.3 / rule 10.1 / rule 14.13 / rule 14.15.3 / method of serving documents / respect and courtesy barrister’s intervention rule / refusal to accept service / discovery undertaking / HELD / no undertaking provided to court / no issues with personal service / breach of rule 2.3 / lawyer required to accept service / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lien over passport / HELD / passports property of government / no right to assert lien / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / Passports Act 1992 section 31 / Lawyers and Conveyancers Act section 138(1)(f) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.7/ fees complaint / records destroyed / HELD / no information available / Committee’s decision reversed / section 211(1)(a)
Review / Committee required production of a letter / Evidence Act 2006 section 51 / Lawyers and Conveyancers Act 2006 section 151 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.7 / Without Prejudice privilege / B v Auckland District Law Society [2004] 1 NZLR 326 (PC) / Complaints Assessment Committee v Medical Practioner’s Disciplinary Tribunal [2006] NZSC 48, [2006] 3 NZLR 577 / Cutts v Head [1984] Ch 290 (CA) / Unilever PLC v Proctor and Gamble Co [2000] 1 WLR 2436 (CA) / HELD / Committee can require production of “without privilege” communication / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / confidential information / lawyers personal capacity / dispute over fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.8 / rule 10.3 / rule 11.1 / EA v BO LCRO 237/2010 (29 September 2011) / HELD / lawyer acting in personal capacity / no conduct issues / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 11.3 / rule 12.1 / failure to supervise / failure to inform / independent advice / HELD / no failure to supervise / advice not independent / breach rule 12.1 / Committee’s decision modified / section 211(1)(a)
Date of Decision: 25 January 2018.
Complaint / Committee declined to take further action on complaints / complaint of unsubstantiated allegation / threat / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.1 / rule 12 / rule 13.8 / courtesy / attacking reputation without cause / HELD / respondent not acting for applicant / threat made for proper purpose / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property purchase / private sale / heat smart loan / complaint respondent did not advise on the loan / complaint over delays in response / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7 / rule 7.1 / HELD / no evidence on loan advice / applicants did not request a LIM / response delays reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / applicant lacked sufficient personal connection / Lawyers and Conveyancers Act 2006 section 138(1)(e) / request recusal of LCRO / HELD / no basis for recusal / insufficient personal connection / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found respondent’s conduct unsatisfactory / breach of undertaking / delay in response / not disclosing email / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 10 / rule 10.1 / rule 10.3 / rule 11.1 / breach of undertaking / misleading and deceptive conduct / HELD / undertaking unclear / no undertaking / rule 11.1 does not apply / delays not unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / respondent acted for applicant in property sale / fees complaint / complaint fees deducted from funds without authorisation / Lawyers and Conveyancers Act 2006 section 110(1)(b) / section 113(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / rule 9.3 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Heslop v Cousins [2007] 3 NZLR 679 (CA) / Shand v MJ Atkinson Ltd (in liq) [1966] NZLR 551 (CA) / A v Z LCRO 40/2009 (29 May 2009) / lien over funds / authority to deduct fees / HELD / fees fair and reasonable / no authority to deduct fees / no lien over funds / funds held for particular purpose / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / fee estimate / overcharged fees / incompetent advice / applicant not informed about risks / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7.1 / rule 9.1 / rule 9.4 / Milnathort v Rhayader LCRO 140/09 (23 November 2009) / HELD / applicant kept informed / advice competent / fees fair and reasonable / estimate not required / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / respondent instructing solicitor in proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / provision of information / aiding breach of rules / HELD / retainer before rules in effect / Committee’s decision modified / section 211(1)(a)