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Complaint / Committee declined to take further action on complaints / employment dispute / applicant uplifted files / complaint lawyers did not send the complete file / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11 / HELD / lawyers not responsible for file once supplied to another lawyer / no evidence to support allegations / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / purchase of a business / complaint lawyer deducted fees from funds held by the lawyer / breach of confidentiality / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 10.3 / whether lawyer should have provided a new letter of engagement / use of a statutory demand / HELD / lawyer had an undertaking to disclose information / / Committee directed to reconsider if fees fair and reasonable / Committee’s decision otherwise confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / agreement to purchase property and for construction of a house / deposit held by stakeholder / deposit paid to builder / lawyer failed to recognise the nature of the undertaking given by the builder’s lawyer and seek clarification / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 7 / rule 7.1 / rule 7.2 / rule 10.3.2 / KD v WW LCRO 83/2011 (30 March 2011) / duty to advise clients and ensure they understand retainer / HELD / lawyer failed to respond to clients’ request for advice / builders lawyer did not give an undertaking / issues of contractual interpretation are matters for the court to consider / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6 confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6 confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
Review / Committee found unsatisfactory conduct / dispute with real estate agents / lawyer threatened to make complaint about agents / threatening to use legal processes for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 2.10 / SC v JT LCRO 382/2013 (30 June 2017) / whether demand for compensation improper / HELD / purpose of disciplinary regimes consumer protection / use of threat of disciplinary action improper / fine excessive and reduced on review / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / estate dispute / lawyers were executors and trustees of estate / complaint about sale of property to beneficiary of estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 7.1 / Hansen v Young [2004] 1 NZLR 37 (CA) / Morpeth v Ramsey LCRO 110/2009 (12 November 2009) / whether lawyers providing regulated services / HELD / partners in firm cannot be subject of complaint if they have not been involved / actions taken as trustee not reviewable by Office / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / conflict of interests / failure to provide competent advice / lawyer acted as lender and borrower in a loan agreement / review of penalty decision / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 35, [2010] 1 NZLR 35 / AF v X LCRO 84/2014 (8 October 2014) / bias of Committee member / previous disciplinary history / HELD / no evidence of bias in Committee’s decision / no disciplinary history at the time conduct occurred / fine reduced / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / division of relationship property / complaint lawyer was not competent / failed to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / no evidence to support complaints / Office not appropriate forum for appeal of Family Court decisions / Committee’s decision modified / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / lawyer was director of a company which rented property from complainant / complaint lawyer mislead complainant / Committee held it lacked jurisdiction as it was a dispute between landlord and tenant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / respect and courtesy / HELD / lawyer not acting in a professional capacity / no evidence of misconduct or unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / property purchase / lawyer acted for vendor and purchaser / complaint lawyer failed to explain fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / provision of information to client / conduct rules not to be enforced in an overly technical manner / HELD / fees fair and reasonable / breach of rule 3.4 excusable rather than unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 21 August 2018
Complaint / Committee declined to take further action on complaints / fees complaint / complaint lawyers misfiled appeal / failed to keep client informed / Lawyers and Conveyancers Act 2006, section 161 / section 210 / recovery of fees by lawyer / HELD / no evidence that lawyers had failed to communicate / no issues raised by lawyer filing appeal early / fee complaint has previously been considered by another Committee / lawyers able to seek recovery of fees / costs ordered against applicant / Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 17 August 2018
Complaint / Committee declined to take further action on complaint / employment dispute / fee complaint / client entered arrangement to pay fees over time / client stopped paying fees / lawyer ceased acting until fees paid / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.10 / whether there was a conditional fee agreement / HELD / bankruptcy matter of public knowledge / lawyer should have informed client of consequences of bankruptcy / no requirement for lawyer to waive fees / no conditional fee agreement / Committee’s decision confirmed / section 211(1)(a)
Date of Decision: 10 August 2018
Review / Committee found unsatisfactory conduct / whether application lodged out of time / Lawyers and Conveyancers Act 2006, section 198 / KX v WA LCRO 84/2012 (30 April 2012) / UQ v QI LCRO 19/2013 (2 April 2012) / 30 working day time limit / presumption of service / HELD / filing fee must accompany application for review / application for review lodged out of time / Office has no jurisdiction to consider application.
Complaint / Committee declined to take further action on complaints / rent renewal dispute / complaint lawyer failed to forward email to client / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / duty to disclose relevant information to client / conduct rules should not be enforced in an unduly technical manner / HELD / breach of rule 7 / failure to pass along email minor error / exercise of discretion / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / Committee considered complaint vexatious / complaint lawyers dishonest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / HELD / no new issues raised / appropriate to take no further action / complaint not vexatious / Committee’s decision modified / section 211(1)(a)
Review / Committee found unsatisfactory conduct / employment dispute / fees not paid / instructing solicitor failed to pay barrister / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.7 / instructing solicitor ordered to pay barrister / HELD / fees subject to a new complaint / fee orders reversed pending outcome of new complaint / Committee’s decision otherwise confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / complaint lawyer had previously acted for complainant / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 8 / rule 8.7.1 / Prince Jefri Bolkiah v KPMG (a firm) [1992] 2 AC 222 (HL) / whether lawyer in possession of confidential or relevant information / HELD / complainant had never been client of lawyer / no obligations of confidence / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / complaint lawyers made allegations of fraud and dishonesty in pleadings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 13.8 / HELD / pleadings did not allege dishonesty or fraud / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / complaint lawyer withdrew as counsel before trial / whether complainant owed fees / terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 11.3 / non-payment of fees / supervision of employees / HELD / withdrawal of lawyer does not raise any conduct issues / retainer was with firm / firm continued to act / lawyer continued to supervise firm’s employees / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declines to take further action on complaint / complaint lawyer sent a threatening letter / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / use of legal processes for improper purpose / lawyer objected to comments made by the Committee / HELD / letter sent for proper purpose / letter did not contain threat / Committee’s comments modified / Committee’s decision otherwise confirmed / section 211(1)(a)
Review / Committee declined to take further action on complaints / Family Court proceeding / evidence from psychologist / complaint lawyer did not challenge evidence of psychologist / failed to prepare for hearing / HELD / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)