You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.

Helpful search tips:

  • If you are looking for a specific decision with a forward slash in the title (eg, 123/2014), you will need to replace the forward slash with a space (eg, 123 2014), as the website cannot pick up on forward slashes (/) or any other characters.
  • If you are doing a keyword search (eg. misconduct), please note that this search will only produce decisions where the keyword appears in the title or decision description. If you want to search the entire decision document for certain keywords, you will need to use full website search located in the top right hand corner of this page.
  • If you want to search for a decision from a particular jurisdiction using the full website search, put both the jurisdiction name and the keyword in the search field (eg, LCRO misconduct).
Search results

1329 items matching your search terms

  4. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [PDF, 189 KB]

    Complaint / Committee declined to take further action on complaint / advice to trustees and construction contract dispute / complaint lawyers did not act competently or protect the trust’s interests, did not complete matters in a timely way, and improperly terminated retainer / Construction Contracts Act 2002 / HELD / basis of complaint and disciplinary process is to maintain professional standards, not loss recovery / client requested lawyers establish a trust, and lawyers provided competent advice on the trust / lawyers were only consulted intermittently throughout development project, and without enough time to issue a payment schedule / litigation strategy pursued to establish a basis for settlement / trust partially succeeded in construction contract dispute / lawyers did not lack competence or diligence / lawyer terminated retainer appropriately due to conflict of interest between trustee company and other trustees / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 144/2018 BG v NH (26 May 2020) [PDF, 140 KB]

    Complaint / Committee found unsatisfactory conduct / criminal and immigration matters / complaint barrister accepted direct instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 14.4 / HELD / lawyer received fees in advance / accepted direct instructions / consent is no answer to taking direct instructions / penalty / $500 fine ordered on review / Committee’s decision modified to reflect fine / Committee’s decision otherwise confirmed / section 211(1)(a)
  10. LCRO 34/2018 GR v [Area] Standards Committee [X] [PDF, 199 KB]

    Complaint / Committee found unsatisfactory conduct / registration of easements, lodging caveat / complaint lawyer registered and certified instruments without Authority and Instruction consent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / Property Transactions and E-Dealing Practice Guidelines / Land Transfer Act 1952, section 164A / HELD / breach of rule 2.5 / lawyer certified they had authority to register instruments without such authority / penalty / censure, fine of $6000, direction to provide decision to Registrar-General of Land, costs confirmed / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [PDF, 133 KB]

    Complaint / Committee found unsatisfactory conduct / lodging a caveat / complaint lawyer did not pass on Notice for Lapse of Caveat to client / review stayed pending civil proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / HELD / breach of rule 3 and rule 6 / lawyer’s firm listed as address for service on caveat / assumed and failed to discharge duty to clients to advise them of notices in relation to caveat / Committee’s findings that lawyer concealed fact that caveat had lapsed, not supported by evidence / compensation / client lost choice to take advice on acting to sustain caveat or allowing it to lapse / $1,000 compensation / penalty / fine reduced from $5,000 to $4,000 as no finding lawyer concealed error, costs order confirmed / Committee’s decision partially reversed, partially modified / section 211(1)(a)
  12. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [PDF, 92 KB]

    Complaint / Committee declined to take further action on complaint / fee recovery proceedings / complaint lawyer appeared as counsel in proceedings in which the lawyer was giving evidence and their conduct was in issue, and committed perjury / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5.3 / HELD / lawyer sought leave to appear which was granted by court / evidential conflict supporting perjury complaint for District Court to resolve / no right of appeal to LCRO on perjury allegation / complaint discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
  13. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [PDF, 159 KB]

    Review / Committee found unsatisfactory conduct / civil proceedings / complaint lawyer was incompetent as to ensuring full discovery from defendant, and lied to the court when seeking to be removed as counsel of record / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / failure to take steps to require discovery better characterised as a lack of diligence in terms of section 12(a), than a lack of competence in terms of rule 3 / lawyer entitled to put their view to the court regarding withdrawing as counsel of record / penalty / fine of $2000, costs confirmed / no costs order for review / Committee’s decision modified to reflect lack of diligence rather than lack of competence / Committee’s decision otherwise confirmed / section 211(1)(a)
  14. LCRO 175/2018 QA v SZ (1 May 2020) [PDF, 117 KB]

    Complaint / Committee declined to take further action on complaint / advice to trustees / complaint lawyer did not provide taxation advice on transaction / HELD / terms of engagement excluded tax advice / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 only require lawyers to advise unrepresented persons to seek independent legal advice / allegations of negligence must be tested in civil courts / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 104/2019 RY v DN (1 May 2020) [PDF, 273 KB]

    Complaint / Committee declined to take further action on complaint / property transaction / complaint lawyer acted for more than one party, did not sufficiently explain retainer, and acted against a former client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / rule 6.1.3 / rule 8.7 / rule 8.8 / Torchlight Fund No 1 LP (in rec) v NZ Credit Fund (GP) 1 Ltd [2014] NZHC 2552 / Russell McVeagh McKenzie Bartlett & Co v Tower Corp [1998] 3 NZLR 641 (CA) / Mike Pero Mortgages Ltd v Pero [2014] NZHC 2798 / HELD / identity of client(s) / lawyer’s client was a partnership the clients had formed, not the individual members of the partnership / range of factors to be considered when acting against former clients in commercial transactions, per Russel McVeagh McKenzie Bartlett & Co v Tower Corp / alleged confidences breached were not particularised / no breach of rule 8.7.1 / Committee’s decision confirmed / secti…
  16. LCRO 100/2019 & 168/2019 Company A Limited v WC and VB (30 April 2020) [PDF, 143 KB]

    Complaint / Committee declined to take further action on complaint / fee complaint / complaint fees were excessive, unfair and unreasonable, and that time was not accurately recorded / also, lawyers did not provide information about fees / whether estimate exceeded / Lawyers and Conveyancers Act 2006, section 132(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / various invoices complained about / section 132(2) / complainant is not a person chargeable with a bill of costs for a number of invoices / regulation 29 / ten invoices presented near end retainer / a number are under $2,000 / files are unrelated, no reason to aggregate / lawyer gave initial fee indication, which was exceeded / basis of estimate changed as retainer unfolded, common sense that estimate could not be relied on anymore / lawyer should have up…
  17. LCRO 9/2020 SC v KB and ZR (30 April 2020) [PDF, 110 KB]

    Complaint / Committee declined to take further action on complaint / Treaty of Waitangi claim / complaint lawyer perverted the course of justice and sabotaged treaty claim / second complaint / HELD / issues raised were addressed in an earlier complaint / repetition of allegations / once heard and addressed, a complaint can only be revisited in rare circumstances where compelling reasons justify further inquiry / application for review discloses no reasonable cause of action / application for review struck out / section 205(1)(a)
  18. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [PDF, 181 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / judge referred Minute addressing lawyer’s behaviour to NZLS as complaint / own-motion inquiry / complaint lawyer acted as a witness and incorporated opinion (views on the evidence) in a memorandum / Evidence Act 2006, section 129 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.5 / rule 13.5.4 / H v S (Counsel: Debarment) [2016] NZHC 409 / HELD / lawyer annexed scientific papers to client’s affidavit about their methamphetamine use / rule 13.5 breached / lawyer familiar with scientific matters / client’s affidavit recites lawyer’s scientific qualifications and contained evidence by proxy from the lawyer / absolute requirement for lawyer to maintain their independence when conducting litigation before court / total prohibition on lawyers presenting evidence to the court / insufficient time and client funds to obtain expert evidence as to scientific evidence on methamphetamin…
  19. LCRO 118/2018 VT v MQ (18 March 2020) [PDF, 157 KB]

    Complaint / Committee declined to take further action on complaint / Resource Management Act 2001 prosecution / complaint lawyer charged fees without written authority and inappropriately claimed a lien over files / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.4.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / HELD / lawyer advised client the fee limit was unworkable / could require daily confirmation / client did not hold lawyer to fee limit / trust account debited in compliance with regulation 9(1)(a) / lien appropriate / no evidence of professional conduct issue / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 101/2019 YK v RN (17 March 2020) [PDF, 146 KB]

    Complaint / Committee declined to take further action on complaint / property settlement matter / complaint lawyer provided incompetent advice, and did not follow up with vendor’s lawyer to confirm whether an extension had been granted / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / whether lawyer responsible for ascertaining if an extension of time has been agreed to must be considered on its particular facts / client was aware of time available for extension to be granted / no evidence client would confirm contract if extension not granted / no evidence lawyer provided incompetent advice / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 146/2019 AC v CJ (12 March 2020) [PDF, 146 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer did not provide copies of invoices to complainant (residuary beneficiary) before debiting fees from estate funds held in trust account / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / Lawyers and Conveyancers Act 2006, section 160 / Raunch v Maguire [2010] 2 NZLR 854 (HC) / IV v DD LCRO 272/2012 / Commissioner of Stamp Duties (Queensland) v Livingston [1965] AC 694 (PC) / HELD / residuary beneficiary in an estate has no legal or equitable interest in the assets of the estate until the residue crystallises / lawyer not required to provide residuary beneficiaries with copies of invoices before debiting those fees from estate funds in trust account / Committee’s decision reversed / section 211(1)(a)
  22. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [PDF, 130 KB]

    Jurisdiction / whether application for review made out of time / application delayed by courier / Lawyers and Conveyancers Act 2006, section 198 / Lawyers and Conveyancers Amendment Act 2012 / Interpretation Act 1999, section 29 / Contract and Commercial Law Act 2017, section 211 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v OI LCRO 19/2013 (2 April 2013) / HELD / application filed out of time / review officer has no discretion to extend timeframe / proof of service / no legislation that precludes email as a method of filing or service / five working day presumption in section 198 is rebuttable / no jurisdiction
  23. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [PDF, 199 KB]

    Complaint / Committee found unsatisfactory conduct / conveyancing transaction / complaint lawyer acted for a client and grandson in a conflict of interest situation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6 / rule 6.1 / rule 6.1.1 / rule 6.1.2 / Sandy v Kahn LCRO 181/2009 / ZAA v YBC LCRO 243/2013 / Taylor v Schofield Peterson [1999] 3 NZLR 434 / HELD / distinction between contentious and non-contentious matters / more than negligible risk that lawyer would be unable to discharge obligations owed to one or more clients / transfer of property to family trust / client’s consent insufficient to manage conflict issue / disciplinary process not a substitute for civil proceedings / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 104/2018 CJ v MV (28 February 2020) [PDF, 189 KB]

    Review / Committee declined to take further action on complaint / notice of claim and caveat in relationship property matter / complaint lawyer did not take reasonable care in respect of notice of claim / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / HELD / lawyer did not obtain post-registration search to confirm registration of notice of claim / admitted breach of rule 3 / fees fair and reasonable / Committee’s decision reversed / unsatisfactory conduct pursuant to section 12(c) for breach of rule 3 / $500 fine ordered / section 211(1)