Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Ms WS is ordered to pay costs on review of $1,200 within 28 days of the date of this decision.
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Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Ms WS is ordered to pay costs on review of $1,200 within 28 days of the date of this decision.
Ms DS has applied for a review of the Standards Committee decision in relation to her complaint against Mr TL. Her complaint related to Mr TL’s conduct when he acted for a foreign investor who purchased land in Region without the required Overseas Investment Office (OIO) consent.
Breaches of rules 2.3, 3, 7.1 and failing to fulfill instructions. Lawyer failed to lodge caveat - s156(1)(d) LCA - compensation for loss of opportunity to be aware of sale of property.
Own motion investigation by NZLS Inspectorate resulted in finding of unsatisfactory conduct for breach of rule 17(1) against all partners, a $500 fine each, and each partner to pay $200 by way of costs. The trust account had become overdrawn on 3 occasions, there were 235 dormant balances dating back to 2002, and the partnership acknowledged that there had been a failing to account regularly to clients in accordance with requirements of reg12(7) of the Trust Account regulations. The Committee also referred to breaches of s337 of the LCA. The LCRO noted that the consumer protection principles of the LCA meant that compliance with the regulations and the Act relating to management of client funds should be stringently enforced. There was therefore little room to rank breaches on a spectrum as the Committee had, by referring to some breaches as being at the lower end of the spectrum resulting in no further action being taken , with others at the higher end. The Committee viewed the ov…
The decision that the lawyers’ conduct was unsatisfactory is confirmed. That determination is made pursuant to s 12(c) of the Act. There is no reason to impose different orders pursuant to s 156 of the Act. The apologies should be delivered and the costs paid promptly if those matters have not already been attended to.
The OA in bankruptcy complained that IL had provided incompetent advice to a bankrupt concerning his ability to act as an executor of his mother's estate, and advice relating to the bankrupt's ability to renounce his interest as a beneficiary in the Estate. The OA argued that this advice resulted in unnecessary costs to the Estate, thereby reducing the amount to be paid to the OA in respect of the bankrupt's share in the Estate. The Standards Committee declined to take any action in respects of the OA's complaints primarily because the majority of the conduct complained about took place after IL had been struck off the roll of barristers and solicitors. The Standards Committee determined it therefore had no jurisdiction to consider the complaints, as IL was not a "lawyer" as that term is defined in the LCA - (the definition of a lawyer in the LCA is a person who holds a current practising certificate, which IL did not.) The LCRO considered that the Standards Committee reasoning was irr…
Lawyer acted for company on instructions from sole director on the sale of a property owned by the company to a company controlled by the director's brother in law. Complainant was a shareholder in the vendor company and argued that the lawyer should have told him about the proposed sale and declined to act. Lawyer was aware of a major falling out between the complainant and the director. LCRO confirmed the decision of the Standards Committee that the lawyer's duty was to his client and any duty he owed to the complainant as a former client, was covered by rule 8.7 CCCR. LCRO acknowledged that faced with this set of circumstances, some lawyers may have felt uncomfortable in accepting instructions to act, "but a sense of discomfort does not easily present a reason…to decline to act and betray " the client's confidence. LCRO also took the view that any challenge to the director's instructions that the transaction was not a major transaction in terms of the Companies Act should be made t…
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 determination that Mr DL’s conduct was unsatisfactory is reversed. The decision is otherwise confirmed.
Complaint / matter reconsidered by LCRO / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / A v Z LCRO 40/2009 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 10 / Lawyers and Conveyancers Act 2006 section 110 / section 113 / lack of professionalism / fee exceeding quote / deduction of fees / HELD / no action regarding lack of professionalism / no issue regarding quote / entitled to deduct fees / 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 in all respects.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the determination of the Standards Committee to take no further action on the complaints, is reversed.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision of the Standards Committee is reversed. Pursuant to ss 211(1)(b) and 138(2) further action on the complaint is unnecessary.
Application for review is not upheld. Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision of the Standards Committee is confirmed.
No jurisdiction to consider application for review because the formalities prescribed by s 198 of the Act were not complied with.
The application for review is declined on the basis that there is no jurisdiction to consider it.
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed
Pursuant to Section 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision of the Standards Committee is reversed
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
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed as modified
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
Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is confirmed.
Pursuant to Section 211(1)(a) of the Lawyers and Conveyancers Act 2006, the decision of the Standards Committee is reversed