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...JC’s July 2016 advice encompass or repeat his January 2014 advice about the electricity supply easements? (d) Were Mr JC’s fees for his advice about the easements in July 2016 fair and reasonable? (e) Did Mr JC provide the required client care and service information, including the basis on which he proposed charging his fees, to Ms BL and Mr SF in respect of Ms BL’s July 2016 instructions? 4 Deliu v Connell [2016] NZ...
...receiving instructions Ms CN sent Mr RF a copy of Law Firm 1’s standard terms and conditions. They did not specify Law Firm 1’s hourly rates but referred to the factors in rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The terms and conditions also provided, among other things, that: (a) Terms of payment were within seven days from the date the bill was rendered unless alternative business arrangements had been made. (b) If the fees wer...
...DATE OF HEARING: 2 and 3 December 2019 DATE OF DECISION: 18 May 2020 DECISION OF TRIBUNAL1 INTRODUCTION Eamon Marshall [1] Eamon Marshall is 17 years of age and profoundly disabled. He is fully dependant for all aspects of his care, including his continence, bathing, dressing, feeding and mobility. He has been diagnosed with tuberous sclerosis, intractable epilepsy, generalised brain dysfunction, cerebral palsy and visual impairment.
...unrestricted access to the property prior to this agreement becoming unconditional “in order that they may establish the suitability of further building sites”. Mr Handisides explained to the Tribunal that this last condition was inserted to protect the Crudens and to make sure that they were able to satisfy themselves as to the setbacks from the boundaries required by the Tasman District Council and as to the general suitability of building sites on the property. [5] The dispute...
...had intended to make an offer at $1.050 million, but as a result of Mr Hickson’s actions, offered only $1.025 million. [7] The Committee found that Mr Hickson had breached r 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) by failing to act in the appellants’ best interests and in accordance with their instructions. [8] The second matter concerned the Agency’s dealing with the deposit paid by the purchasers. The appellan...
...laid a complaint to the New Zealand Law Society (NZLS) alleging Mr [WM] had “failed to fulfil his ethical obligation” and report Dr [YB] to the Lawyers Complaints Service pursuant to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) 2.8 or 2.9, and had instead made public comments which “hurt the reputation of the justice system”.4 [5] Mr [UK] referred to the High Court decision in Orlov v New Zealand Law Society 5 saying the Court had...
...investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his or her own view on the 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 8.7. 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 6 evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for...
...notice of hearing said that the nature of the alleged conduct the Committee intended to consider included: (i) whether the advice and representation Mr NT provided to [the complainants] was: • inconsistent with her duty to exercise reasonable care • fell short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; and/or • was negligent or incompetent to such a degree that it reflects on her fitness...
...stated under cross-examination: “… I really don’t know when he put his lawyer’s hat on, when he take it off. I can’t tell.”16 [29] H L stated that when Mr Ellis referred to having a conflict of interest, it was for the purpose of “protecting himself”, rather than of assisting her.17 She was not sufficiently informed of what was occurring to understand the risks to her or her company. “Not 100% sure. I know the lawyer tried to protect himself for that but I don...
...However, if he was in the Philippines at the time, he would sign them with the client. [29] The Registrar particularised the grounds of the complaint against Ms Maerean. In summary these were: [29.1] Breaches of the Code of Conduct’s requirements of care, respect, diligence and professionalism. [29.2] Providing misleading information to Immigration New Zealand, thereby breaching the Act, the Immigration Act 2009 and Immigration New Zealand’s operating requirements (by representin...