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1329 items matching your search terms

  1. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [PDF, 252 KB]

    Complaint / Committee declined to take further action / estate administration / complaint lawyers, as executors of the estate, failed to promptly invest proceeds from sale of property at appropriate interest rate, lawyers’ fees were excessive, lawyers failed to communicate with trustees over placement of sale funds and sale of property, and lawyers contributed to delay in settling sale of property / Lawyers and Conveyancers Act 2006, section 132 / section 111(1) / section 114 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / lawyers’ decision not to invest sale proceeds in higher-interest account reasonably made and within their discretion / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 107/2021 NG v WF and OE (29 September 2021) [PDF, 176 KB]

    Complaint / Committee declined to take further action / estate administration / complaint lawyer failed to forward settlement proposal to executors / HELD / matter had been dealt with through Early Resolution Process / sufficient indication from complaint that Committee needed to seek response from lawyers / lawyer overlooking email with settlement offer and sending response eight weeks after receipt not enough to warrant disciplinary action in the circumstances / no evidence delay caused prejudice or loss / Committee’s decision confirmed / section 211(1)(a)
  3. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [PDF, 185 KB]

    Review / Committee declined to take further action / conveyancing transaction / complaint lawyer failed to advise vendor that Body Corporate was required to certify disclosure statement and provided poor service / Unit Titles Act 2010 / Lawyer and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / New Zealand Law Society Property Law Section Guidelines / HELD / Committee took no further action on the basis lawyers had discounted fees, but inquiry must consider whether disciplinary response required / financial loss appropriately addressed in other forums / reasonable to expect lawyer would carefully explain disclosure regime / failure to provide appropriate advice constitutes unsatisfactory conduct in terms of s 12(a) and breach of rule 3 / $2,000 fine ordered / Committee’s decision modified to reflect findings, otherwise confirmed / section 211(1)(a)
  4. LCRO 43/2020 SL v DN (29 September 2021) [PDF, 231 KB]

    Review / Committee found unsatisfactory conduct / property dispute / complaint lawyer acted for two clients in conflict of interest / also, did not respond in timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / rule 6.1.3 / HELD / lawyer did not obtain prior informed consent / lawyer continued acting for one client while advising the other they needed independent legal advice / did not formally consent to lawyer continuing to act for other client / no disciplinary finding required / lawyer did not act for complainant / lawyer required complainant to seek independent legal advice / lawyer did not advance one party’s position against the other’s interests / complainant’s new lawyer had not complained about lawyer’s delay / Committee breached natural justice principles by denying lawyer opportunity to make submissions prior to determination / Committee’s decision reversed / section 211(1)(a)
  5. LCRO 215/2020 YY v RN (27 September 2021) [PDF, 207 KB]

    Complaint / Committee declined to take further action / residential property sale and purchase / complaint lawyer failed to ensure assignment of earthquake claim from vendor to purchaser completed / HELD / Complaints Service did not correctly identify subject of complaint / Standards Committee should have considered the role of other lawyer initially contacted by complainant / insufficient evidence to establish either respondent or other lawyer breached duties to complainant / time between subject matter of complaint arising and date of complaint makes it difficult to investigate complaint / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 91/2019 CL v BK and AM (31 August 2021) [PDF, 328 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyers failed to competently advise on risks and issues related to the transaction, and that one lawyer failed to supervise the other during the retainer / Property Transactions and E-dealing Practice Guidelines (July 2012) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 11.3 / HELD / sale and purchase agreement signed before retainer commenced / evidence does not demonstrate lawyers did not act competently regarding risks / lawyer alleged to require supervision was an associate with the firm / degree of supervision required lessens as lawyer gains experience and the confidence of partners / no breach of rule 11.3 / negligence claim must be pursued in civil court / Committee’s decision reversed as to unsatisfactory conduct finding for breach of rules 3 and 11.3 and consequential orders / Committee’s decision otherwise confirmed / section 211(1)(a)
  7. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [PDF, 143 KB]

    Review / Committee found unsatisfactory conduct / trust account / own-motion complaint lawyer permitted another lawyer to use their trust account to facilitate transactions, receiving referral fee payment / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.9 / HELD / review of penalty / Committee ordered $5,000 fine / no set formula to calculate appropriate fine / receiving collateral reward a serious matter / lawyer should only profit from reasonable fee, not from collateral matters / lawyer motivated by genuine desire to assist young colleague / fine reduced to $2,000 / Committee’s decision modified / section 211(1)(a) and (b)
  8. LCRO 189/2020 ZK v XM (30 August 2021) [PDF, 168 KB]

    Complaint / Committee declined to take further action / criminal proceedings / complaint lawyer did not follow instructions to claim legal aid and did not competently represent client at trial / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4A / rule 9.5 / HELD / retainer initiated on basis client privately instructed lawyer / at first meeting, lawyer provided partially completed legal aid application form / client returned form via email but lawyer overlooked email and lost track of legal aid discussions / both parties had some responsibility to follow up / client paid invoices without objection / allegation by client that lawyer said legal aid was declined only supported by inconsistent account / no other supporting evidence / in context, error not sufficient to necessitate disciplinary finding / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 42/2021 JKL Limited v HC and GD (30 August 2021) [PDF, 277 KB]

    Complaint / Committee declined to take further action / commercial transaction / complaint lawyer had close relationship with other party to transaction and disclosed confidential information in attempting to establish a business relationship / also, improperly served a statutory demand for lawyers’ fees / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 5 / rule 8 / HELD / hearsay evidence submitted to support conflict of interest and disclosure of confidential information complaints / hearsay insufficient to substantiate complaint / complainant’s concern law firm victimised lawyer unsubstantiated and speculative, not a basis to avoid contractual fees / statutory demand issued for proper purpose and complainant accepted, then defaulted on debt and payment plan / no evidence fee complaint demonstrates lawyers duplicated invoiced work / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 27/2021 BK v RQ (27 August 2021) [PDF, 223 KB]

    Complaint / Committee declined to take further action / estate matter / complaint lawyer did not maintain proper standards of professionalism, did not act competently or in a timely manner, and did not respond to requests for information in a timely manner / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / complaint by estate beneficiary / a lawyer instructed by an executor owes the executor client-duties / executor is responsible to court and beneficiaries for proper implementation of will / lawyer’s obligations more limited than executors / executor sought indemnity prior to distribution and lawyer was obliged to follow instructions / matter progressed in a timely manner / fee fair and reasonable / no evidence of instructions to delegate work to legal executive to lower fees / section 211(1)(a)
  11. LCRO 15/2021 JBC Limited v KD (24 August 2021) [PDF, 209 KB]

    Review / Committee declined to take further action / subdivision consent and easement / complaint lawyer not competent in advising complainant to take judicial review proceedings, did not raise relevant matters in the proceedings, and did not advise on litigation risk / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / VM v XZ [2020] NZLCRO 216 / HELD / lawyer advised complainant of litigation risk and discretionary nature of judicial review / indication law was “well-settled” by judge / no evidence lawyer’s arguments lacked merit / representation was meticulous / adverse costs order cannot be considered part of lawyer’s fee in fee complaint / comparison between fees and High Court Rules scale a useful starting point, but not a determinative factor / applicable test for fees is in rule 9 and 9.1 / Committee’s superficial fee analysis must be returned to the Committee for first instance determination / section 209 / Committee…
  12. LCRO 114/2021 DY v WJ (20 August 2021) [PDF, 152 KB]

    Complaint / Committee declined to take further action / inquiries made by counsel to judge / complaint lawyer asked inappropriate question about witness’s gender / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / HELD / professional disciplinary bodies have important role in regulating conduct demonstrating prejudice / not persuaded lawyer’s question to judge was, in context, unprofessional, discourteous or disrespectful / no reasonable cause of action / application for review struck out / section 205(1)(a)
  13. LCRO 80/2019 ZB v YC (18 August 2021) [PDF, 204 KB]

    Complaint / Committee declined to take further action / in-house counsel in insolvency firms and insolvency proceedings / complaint in-house lawyer provided regulated services to the public, and the lawyer failed to inform the court of available defences and material facts / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / rule 13.1 / HELD / in-house counsel complaint being pursued as an own-motion inquiry by Committee as complainant lacks sufficient personal interest / complainant’s wish to receive Committee’s ruling for business purposes insufficient to establish personal interest, amounts to legal advice / LCRO does not have jurisdiction to determine correctness of contested litigation issue / concerns in complaint addressed in High Court decision / complaints process not an alternative form to relitigate matters / presiding judicial officer should raise issue about potential lapse / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 106/2021 TH v QA (17 August 2021) [PDF, 149 KB]

    Complaint / Committee declined to take further action / conveyancing transaction / complaint opposing party’s lawyer obtained and used personal information about complainant unethically or unlawfully / also, increased costs of litigation, claimed excessive and unreasonable costs, and attempted to influence a witness / HELD / no credible or cogent evidence to support serious allegations made / theft of personal information concern should be addressed by Police or Privacy Commissioner / improper cross-examination complaint within jurisdiction of presiding judicial officer and should have been argued at the time / no criticism from presiding judicial officer regarding lawyer’s conduct / bias allegation about Committee members not substantiated / abuse of process / application for review struck out / section 205(1)(d)
  16. LCRO 112/2019 EQ v XD (30 July 2021) [PDF, 162 KB]

    Review / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer failed to act competently and in a timely manner, and treat complainant with respect and courtesy / also, conveyancing work completed negligently and in conflict of interest / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 72 / HELD / procedural irregularity / Committee member was friends with lawyer / Committee member identified and declared conflict from the outset, but adopted a wait-and-see approach / involvement more than a disinterested or distanced observer / circumstances do not satisfy Saxmere test / another Committee directed to reconsider and determine whole complaint / section 209
  17. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 233 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding content of apology ordered by LCRO / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / Committee not required to provide reasons for prosecutorial decision / no basis to claim apology was to be reviewed by LCRO for acceptability before being sent to complainant / apology provocative / Committee reasonable to determine apology raised legitimate disciplinary issues / no reason to interfere with referral / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 68/2021 BU - Application for review of a prosecutorial decision (30 July 2021) [PDF, 190 KB]

    Committee referred conduct complaint to Disciplinary Tribunal / allegation of misconduct regarding undisbursed estate funds and delay / Orlov v New Zealand Law Society [2013] NZCA 230 / Zhao v Legal Complaints Review Officer [2016] NZHC 2622 / EB: Application for Review of a Prosecutorial Decision LCRO 110/2017 / HELD / lawyer’s argument conduct referred to Tribunal has already been determined in prior disciplinary proceedings not substantiated / matters not sufficiently similar / continuing delay in finalising estate not explained by continuing issues in resolving previous adverse conduct findings relating to trust account management / no prejudice / steps to finalise estate simple / Committee’s decision confirmed / section 211(1)(a)
  19. LCRO 216/2020 YH v DP (29 July 2021) [PDF, 176 KB]

    Review / Committee declined to take further action / litigation fees / complaint lawyer was not efficient, legal fees exceeded recovery, and did not invoice in accordance with terms of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, reg 29 / VM v XZ [2020] NZLCRO 216 / HELD / Committee incorrectly applied reg 29 / only reviewed last nine months of fees / Committee’s fee complaint analysis was superficial and proceeded only on the basis of the complaint and the response / Committee directed to reconsider complaint / section 209
  20. LCRO 76/2020 FV v GT (23 July 2021) [PDF, 269 KB]

    Complaint / Committee declined to take further action / tax liability and liquidation proceedings / complaint lawyer did not competently communicate or negotiate with IRD, or advise about liquidation proceedings, and failed to appear in court when instructed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / HELD / jurisdiction / application accepted outside of prescribed time limit under COVID-19 relief legislative discretion in earlier Minute / challenge to earlier Minute must proceed by way of judicial review / negotiation with IRD required complainant to secure funds / IRD not persuaded to further defer liquidation proceedings / no substantive defence / not satisfied lawyer’s retainer limited to negotiations / complainant had reasonable expectation lawyer would attend court / technical and inconsequential breach of rule 4.2 / lawyer did not contribute to inevitable outcome / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 92/2021 AZ v BY (19 July 2021) [PDF, 134 KB]

    Complaint / Committee declined to take further action / estate matter / complaint about estate lawyer’s implementation of Deed of Family Arrangement / HELD / extent of Committee’s inquiry into a complaint is a matter of discretion for the Committee / not a function of professional disciplinary process to resolve dispute over interpretation of Deed or closely supervise lawyer undertaking work related to the Deed / complainant’s questions can be tested and resolved in an adversarial process / abuse of process / application for review struck out / section 205(1)(d)
  25. LCRO 78/2020 NS v GL (29 June 2021) [PDF, 182 KB]

    Review / Committee declined to take further action / family law proceedings / complaint lawyer did not advise complainant against not responding to a request for an undertaking in lieu of applying for a protection order / J v Auckland Standards Committee 1 [2018] NZHC 2706 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / YR v OS LCRO 3/2019 / HELD / client was prepared to acquiesce to request outlined in undertaking, but did not want to respond / lawyer was aware of consequences of obtaining protection order but did not advise against non-response strategy / protection order applied for / failed to protect and promote client’s interests / Committee’s decision reversed / unsatisfactory conduct found pursuant to s 12(a) / section 211(1)(a)