Ministry of Justice

Complaint / Committee declined to take further action on complaint / complaint lawyer refused to act for applicant / did not treat applicant with respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 4 / rule 4.1 / rule 4.1.1 / rule 4.1.3 / whether lawyer had good cause to refuse instructions  / whether lawyer discriminated against applicant / HELD / no evidence that lawyer was discourteous or discriminated against the applicant / Committee direct to reconsider whether lawyer had good cause to refuse instructions / section 209(1)(a)

Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer did not release funds as required / fee complaint / 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 9 / AO v ZH LCRO 301/2011 (12 March 2014) / whether estimate provided / HELD / lawyer holding funds due to undertaking / lawyer must release funds as required by undertaking / no conduct issues arise / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / accountancy firm / complaint lawyer was a principal of the firm / was not independent of the firm / Lawyers and Conveyancers Act 2006, section 7(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.5 / rule 5.9 / conflict of interests / whether lawyer sharing income with accountancy firm / HELD / insufficient evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / property dispute / complaint lawyer obtained consent by deceit / used legal process for improper purpose / Lawyers and Conveyancers Act 2006, section 6 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11 / rule 11.1 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / EA v ABO LCRO 237/2010 (29 September 2011) / AB v AC LCRO 1/2017 (26 January 2018) / RK v LP LCRO 292/2011 (1 October 2012) / BU v DG LCRO 276/2011 (17 September 2013) / whether lawyer acting in personal capacity / HELD / lawyer acting in professional capacity / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)

Date of decision: 21 February 2019

Complaint / Committee declined to take further action on complaint / sale of property / relationship property dispute / complaint lawyer had a conflict of interest / lacked respect and courtesy / was not competently supervised and managed / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 8.7.1 / Sandy v Kahn LCRO 181/2009 (25 December 2009) / AD v ZX LCRO 87/2010 (14 December 2010) / Black v Taylor [1993] 3 NZLR 403 (CA) / GBR Investment Ltd v Keung HC Christchurch CIV-2009-409-1486, 19 March 2010 / duty of confidence / HELD / insufficient information provided to Committee / not possible to determine issues / Committee directed to reconsider complaint / section 209 / Committee’s decision reversed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer had a conflict of interest / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / whether applicant had received independent advice / HELD / applicant not client of lawyer / applicant received independent advice / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / disciplinary complaint / complaint lawyer did not treat applicant with respect and courtesy / development failed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / proper standards of professionalism / HELD / comments not shared with others / comments were opinion / not possible to reach a view / Committee’s decision confirmed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / sale of shares / complaint lawyer has conflict of interest / Lawyers and Conveyancers Act 2006, section 156(1)(d) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6.1 / rule 6.1.1 / rule 7 / rule 8.7 / rule 8.7.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / duty to disclose information to client / duty to obtain informed consent before acting / whether Committee should have ordered publication of the determination / whether Committee should have ordered compensation / HELD / conflict of interest as the interests of the parties were in competition / lawyer unable to keep information confidential between parties / unsatisfactory conduct / no link between lawyer’s acts and client’s loss / compensation not appropriate / Committee’s decision modified / section 211(1)(a)

Review / Committee found unsatisfactory conduct / purchase of property / agreement had clause regarding earthquake claims / complaint lawyer failed to check whether there were any earthquake claims / HELD / reasonable for lawyer to rely on information from vendor’s lawyer / allegations of negligence are for the court / Committee’s decision reversed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / applicant changed lawyers / applicant did not send files to new lawyers / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / whether authority to uplift documents included files / HELD / applicant acted on request to uplift documents without delay / request did not include files / Committee’s decision reversed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / lawyer acted for client under grant of legal aid / complaint lawyer did not spend enough time on case / failed to follow instructions / HELD / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / administration of will / complaint applicant failed to uplift documents when requested by respondent’s lawyer / fee complaint / 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 4 / rule 4.1 / 4.4 / rule 4.4.1 / whether applicant instructed to act / whether there are special circumstances to consider fees less than $2,000 / HELD / assertion of lien over will unsatisfactory conduct / applicant had been instructed to act / fees fair and reasonable / Committee’s decision modified / section 211(1)(a)