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

   ...[27] In the course of conducting an on the papers review, a Review Officer may elect to seek further information from the parties on a particular point or issue. [28] In this case, despite having the benefit of substantive submissions, following careful consideration of those submissions, I felt it both important and necessary to hear from the parties, and in particular, from Ms DJ and Mr RJ. [29] I wished to hear directly from the practitioners as to their reasons for delaying the...

2. CN v EE LCRO 122 / 2011 (22 October 2013) [pdf, 113 KB]

   ...into account all of the assets and liabilities of the deceased, and distribute the net balance to the beneficiaries. Generally this will include prompt contact with any bank where accounts are held, to inform the bank of the death (and thereby protect any dealings with the account), to obtain information about all assets of the estate (including bank balances) and to prepare an account of assets and liabilities for the executors. [27] It appears that on the date of the deceased�€...

3. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...conduct dated 17 December 2012 (the substantive decision), which records the background to Ms ZT’s complaints. The Committee found Ms AZ’s conduct to have been unsatisfactory in that she breached Rule 9.5 of the Lawyers Conduct and Client Care Rules (the Rules)1 by failing to advise Ms ZT on legal aid. The Committee reserved its decisions on whether Ms AZ’s fees were reasonable, and the orders it might make under s 156, and otherwise determined to take no further action on M...

4. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...no obligation to Ms Linton to keep the fact that she had made a complaint against him confidential. Because there was no lawyer client relationship between Mr Keswick and Ms Linton at the time of the disclosure he had no ongoing obligation to protect the interests of Ms Linton. Had Mr Keswick made that disclosure with the intention of intermeddling in the costs application it would have been a matter of professional concern. However a finding of that nature is not open on the avai...

5. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

   ...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...

6. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

   ...journalist having telephoned the appellant, as the listing real estate agent, to ascertain whether there had been developments towards the sale of the property since the auction. [8] It is clear to us that the appellant, who gave evidence and was carefully cross- examined before us, has been proud of his record up till now of no complaints being made against him as a real estate agent for over 12 years. He is a highly successful agent selling about 45 to 50 houses per annum.

7. LCRO 35/2018 MR v GB (4 April 2019) [pdf, 266 KB]

   ...“subsequent correspondence with Dr JK, in conjunction with his drafting of the document [notice of withdrawal], amounts to unsatisfactory conduct pursuant to s 12(b) of the Act”.7 [25] The two notices which Dr JK had put to Mr GB to sign read: After careful consideration and after seeking independent advice, I wish to withdraw my complaint about the conduct and professional charges of [lawfirm1], Solicitors [town] and Mr [MR] who is an executor of the estate. I now appreciate th...

8. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...whether or not Ms JR was providing regulated services. If it is considered that she was not providing regulated services then her conduct is not subject to regulation under the Lawyers and Conveyancers Act 2006 (the Act) or the Conduct and Client Care Rules 2008 (the Rules).5 [9] Ms JR referred to AH v ZS.6 In that case, the lawyer was both executor and trustee of a will, and one of two trustees of a trust established by the deceased during the testator’s lifetime. In that de...

9. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...granted. [8] The Tribunal advised that it would provide full reasons for its decisions in due course, which it now sets out. Background facts [9] The agreed Statement of Facts recorded the practitioner’s professional background over a career involving in excess of 30 years in legal practice. It noted that in 2010 she had been acting for a long-standing client on the acquisition of a property. The acquisition was to be facilitated by funding from a bank to be secured...

10. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

    ...considered the complaint and parties’ correspondence in the context of the rules dealing with misleading and deceptive conduct in Court2 and misleading and deceptive conduct in relation to a lawyer’s practice.3 It noted Mr RG had an obligation to protect his client’s privilege in the matter, and that it had requested a copy of the invoice from him, but he had not provided a copy to the Committee.4 [10] The Committee noted the High Court’s judgment in favour of the liquidators,...