Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed. The practitioner is found to be guilty of unsatisfactory conduct pursuant to s 12(c) of the Act.
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Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed. The practitioner is found to be guilty of unsatisfactory conduct pursuant to s 12(c) of the Act.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision is modified to record that there has been unsatisfactory conduct on Mr OX’s part pursuant to s 12(b).
The application for review is dismissed.
Complaint / Committee declined to take further action on complaints / conflict of interest / jurisdiction of LCRO / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 12 / courtesy to third party / HELD / limited duties owed to third parties / no evidence of conflict of interest / Office has no jurisdiction / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / relationship property and custody dispute / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 12 / duties to third party / HELD / limited duties owed to third parties / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / lawyer made llegations of deceit / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.8 / rule 13.8.1 / rule 13.8.2 / whether sufficient grounds to allege deceit / HELD / proper grounds for allegations / Committee’s decision confirmed / section 211(1)(a)
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.
Complaint / Committee declined to take further action on complaints / complaint over lawyer acting in disciplinary proceedings / complaint lawyer expressed personal opinion / complaint lawyer incompetent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 / rule 13.5 / rule 13.5.1 / rule 13.5.4 / HELD / no substance to complaints / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint about statements in article / criticism of judiciary / Lawyers and Conveyancers Act 2006 section 138(1)(c) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2 / rule 2.8 / rule 10 / LP v CS LCRO 170/2011 obligation to report a lawyer / context of comments / vexatious complaint / HELD / comments part of public debate / no conduct issues / complaint vexatious / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint over money held in lawyer’s trust account / jurisdiction of LCRO / Lawyers and Conveyancers Act 2006 section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 12 / courtesy to third party / HELD / money held requires joint instructions / Office has no jurisdiction / Committee’s decision confirmed / section 211(1)(a)
Complaint/ Committee declined to take further action on complaints / complaint about statements in article / criticism of judiciary / Lawyers and Conveyancers Act 2006 section 138(1)(c) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2 / rule 2.8 / rule 10 / LP v CS LCRO 170/2011 obligation to report a lawyer / context of comments / vexatious complaint / HELD / comments part of public debate / no conduct issues / complaint vexatious / Committee’s decision confirmed / section 211(1)(a)
Request recusal of LCRO / applicant lacked sufficient personal connection / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2007] NZCA 334, [2010] 1 NZLR 35 / Muir v Inland Revenue Department [2009] NZSC 72, [2007] 3 NZLR 495 / bias / HELD / no basis for recusal / recusal denied
Complaint / Committee declined to take further action on complaints / complaint over delay in uplifting files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 / rule 4.4 / rule 4.4.1 rule 10 / rule 10.3 / treating other lawyers with courtesy and respect / urgency in obtaining files / communication with former client / HELD / no undue delay in providing files / proper to communicate with former client to confirm instructions / Committee’s decision reversed / section 211(1)(a)
Request recusal of LCRO / applicant lacked sufficient personal connection / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2007] NZCA 334, [2010] 1 NZLR 35 / Muir v Inland Revenue Department [2009] NZSC 72, [2007] 3 NZLR 495 / bias / HELD / no basis for recusal / recusal denied
Complaint / Committee declined to take further action on complaints / complaint over substance of YB’s complaint / no basis for complaint to have been made / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 10 / treating other lawyers with courtesy and respect / HELD / proper basis to make complaints / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee found unsatisfactory conduct / complaint over use of complaints process / urgency in obtaining files / HELD / reasonable to complain under the circumstances / Committee’s decision reversed / section 211(1)(a)
Request recusal of LCRO / applicant lacked sufficient personal connection / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2007] NZCA 334, [2010] 1 NZLR 35 / Muir v Inland Revenue Department [2009] NZSC 72, [2007] 3 NZLR 495 / bias / HELD / no basis for recusal / recusal denied
Tenor of Standards Committee determination subjective, personal and pejorative, inconsistent with terminology of the LCA. Determination reversed. Finding of unsatisfactory conduct not challenged by applicant, and reinstated (for different reasons) on review. Standards Committee ordered lawyer to pay costs of $5,000. Costs not part of penalty, and should reflect costs and expenses of and incidental to inquiry or investigation.LCRO directed Standards Committee to give lawyer the opportunity to make submissions on costs prior to making an order.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision is modified to record that there has been unsatisfactory conduct on Mr OX’s part pursuant to s 12(b).
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision is: (a) Modified to record a determination pursuant to s 152(2)(b)(i) and 12(c) that there has been unsatisfactory conduct on the part of Mr RV by his contravention of rule 8; and (b) Otherwise confirmed. Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Mr RV is ordered to pay costs of $1,200.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.
Complaint / Committee declined to take further action on complaints / complaint over members of Standards Committee / Lydd v Mayport LCRO 164/2009 / Lawyers and Conveyancers Act 2006 section 194(1) / role of LCRO on review / HELD / Committee’s decision confirmed / section 211(1)(a)
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.