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1328 items matching your search terms

  1. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [PDF, 277 KB]

    Review / Committee found unsatisfactory conduct / appointment of trustees / complaint that lawyer did not amend will according to complainant’s instructions / lawyer ought to have recommended an assessment of complainant’s capacity by a medical professional / file notes inadequate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / Sandman v McKay [2019] NZSC 41 / HELD / complaints about lawyer not carrying out instructions are not supported on the balance of probabilities / lawyer was satisfied that complainant had sufficient capacity to understand and sign document after meeting him / penalties imposed fall away / Committee’s decision is reversed / section 211(1)(a)
  2. LCRO 188/2021 MC v JK and UV (19 August 2022) [PDF, 355 KB]

    Review / Committee declined to take further action / relationship property proceedings / complaint lawyer took steps to recover outstanding fees by complainant / lawyer failed to follow instructions to challenge property valuation / lawyer inadequately represented complainant / no terms of engagement given to complainant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / section 209 / Committee directed to reconsider interim distribution issue / Committee to reconsider whether fee charged was fair and reasonable / lawyer guilty of unsatisfactory conduct for failing to provide complainant information on the principal aspects of client service / other Committee findings confirmed / section 211(1)(a)
  3. LCRO 121/2021 RF v DE Law on behalf of ABC Services Limited (17 August 2022) [PDF, 211 KB]

    Complaint / Committee made findings of unsatisfactory conduct / complaint lawyer failed to recognise conflict of interest / complainant not liable for lawyer’s fees / fee invoices are not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 9 / HELD / matters of contractual liability are for the Courts to decide / lawyer should pursue payment of the invoices through the Court / lawyer should not have accepted instructions to act for both creditors in the same matter / lawyer ordered to pay costs to NZLS / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 140/2021 TQ v RI (8 August 2022) [PDF, 185 KB]

    Complaint / Committee declined to take further action / litigation matter / complaint lawyer was negligent and incompetent in litigation / fees complaint / Committee determined no special circumstances to deal with the fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act, section 138(1)(f) / HELD / arguments put forward by complainant are founded on allegations that have not been argued and decided / claim before the court represents the best opportunity for complainant to pursue his defence and seek recompense / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 120/2021 SB v KR (3 August 2022) [PDF, 174 KB]

    Complaint / Committee declined to take further action / estate matter / complaint lawyer did not provide letter of engagement, provided poor service / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / Wilson v LCRO [2016] NZHC 2288 / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / no breach of conduct rules regarding service or fee complaint / disciplinary response not required for not providing letter of engagement / no mischief occurred in terms of McGuire judgment / Committee’s decision confirmed / section 211(1)(a) 
  6. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [PDF, 272 KB]

    Review / cross-applications / litigation / complainant applied to review Committee’s determination to take no further action on other aspects of complaint / complaint lawyer applied to review unsatisfactory conduct determination / complainant alleged lawyer’s conduct during hearing led to disadvantaged outcome for his company / lawyer’s cross-examining conduct was unprofessional and discourteous / Lawyers and Conveyancers Act 2006, section 138(1)(f) / section 138(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.2.1 / rule 13.8 / HELD / Committee wrongly commented on reliability and credibility of viva voce evidence in another jurisdiction / Committee wrongly inquired into complaint about lawyer’s cross-examination conduct / finding of unsatisfactory conduct reversed / decision to take no further action on complaints about lawyer’s conduct towards other parties confirmed / section 211(1)(a)  
  8. LCRO 183/2021 WB v XD (22 July 2022) [PDF, 202 KB]

    Complaint / Committee declined to take further action / litigation / strategy recommended by lawyer failed to sufficiently consider the instructions of the complainant/ lawyer failed to respond to communications forwarded / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / HELD / complaint that lawyer failed to provide competent advice is not established / impossible to determine what shape the lawyer’s final submissions may have taken / lawyer’s failure to communicate with client is not sufficiently extensive to merit the imposition of a disciplinary sanction / Committee’s decision confirmed / section 211(1)(a)  
  9. LCRO 76/2021 PJ v RK (19 July 2022) [PDF, 208 KB]

    Review / Committee declined to take further action / trust administration matter / incompetence in administrating the trust / failed to respond in a timely manner / breached fiduciary duty and charged unreasonable fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12 / section 209 / HELD / complainant’s allegations of incompetence returned to the Committee for reconsideration / Committee to reconsider complaint about fees / Committee’s decision to take no further action about emails responses and invoices confirmed / section 211(1)(a)
  10. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [PDF, 218 KB]

    Complaint / Committee found unsatisfactory conduct / complaint lawyer missed hearing / lawyer’s request to have application recalled was dismissed / judge considered lawyer’s indication of intention to file complaint to Judicial Conduct Commission grossly discourteous / judge filed complaint with NZLS / lawyer alleged Committee misstated the situation and Committee lacked evidence to support finding / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / rule 13.2 / rule 13.2.1 / HELD / lawyer’s threat to make complaint was unprofessional and discourteous / breach of lawyer’s overriding duties as an officer of the court / Committees decision confirmed / section 211(1)(a)
  12. LCRO 62/2021 NR v JM (16 June 2022) [PDF, 198 KB]

    Complaint / Committee found unsatisfactory conduct / review of penalty decision / failure to keep will safe / complainant could not access late husband’s KiwiSaver / complainant was obliged to apply for probate for a copy of the will / delay in being able to meet ongoing costs caused loss of dignity and distress / Lawyers and Conveyancers Act 2006, section 152(2)(b)(i) / section 156(1)(b) / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / lawyer censured / compensation of $10,000 to the complainant / Committee imposed $2,000 fine / costs of $1,500 to the Law Society / LCRO ordered lawyer to pay sum of $450 by way of costs of the review / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 1/2021 NB v GP (31 May 2022) [PDF, 224 KB]

    Review / Committee declined to take further action / litigation / complaint lawyer represented complainant in dispute against ACC and failed to correctly calculate the time frame for filing the complainant’s application for leave to appeal / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(c) / HELD / a lawyer’s failure to identify the correct time frame for filing an appeal represents a significant failing / serious breach of a lawyer’s obligation to act competently / emphasis on the importance for lawyers of ensuring compliance with statutory timeframes when representing clients in litigation is necessary / lawyer ordered to pay costs in the sum of $1,200 to the Law Society / Committee’s order reversed / section 211(1)(a)
  14. LCRO 158/2020 SA v KC (27 May 2022) [PDF, 199 KB]

    Complaint / Committee declined to take further action / family trust / complainant and his siblings were involved in a dispute regarding the family trust / lawyer had a meeting with complainant’s father to discuss the existing family dispute / lawyer provided a report to the family on a way forward for the family / it was agreed by the parties involved that the lawyer’s invoice will be paid out of the estate / complainant argued that the report was biased and the fees should not be charged from the estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / HELD / parties were free to accept or reject the proposals made in the report / parties agreed to pay the invoice as part of the Deed / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 157/2020 SA v RB (27 May 2022) [PDF, 146 KB]

    Complaint / Committee declined to take further action / family trust / complaint lawyer had met with the complainant’s siblings to discuss property matters / complainant’s brother paid the lawyer’s invoice / lawyer addressed his invoice to the complainant without his knowledge / LCRO 31/2009 (30 April 2009) / HELD / not a matter that should attract a disciplinary response as no harm was done / liability for payment was addressed by the Deed in which the parties agreed the complainant’s brother should be reimbursed / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 173/2021 KC v TG (6 May 2022) [PDF, 237 KB]

    Complaint / Committee found unsatisfactory conduct / employment dispute / complaint opposing lawyer had acted for the complainant regarding an employment dispute / complainant had concerns about the legal fees he incurred / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 9.4 / Lawyers and Conveyancers Act 2006, section 3(1)(b) / section 215 / HELD / complaint opposing lawyer should have given an indication of unbilled time / complainant should have been informed that the retainer had expanded beyond initial contemplation / complainant deprived of proper opportunity to consider his options / fee charged was not fair / Committee’s decision confirmed / lawyer ordered to pay costs in the sum of $1,200 / section 211(1)(a)  
  17. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [PDF, 330 KB]

    Review / two findings of unsatisfactory conduct / both parties provided submissions as to the appropriate orders to be made / Lawyers and Conveyancers Act 2006, section 12(a) / section 14(a) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / complaints process is no substitute for a clam in negligence to be pursued through the courts / proper forum for large compensation claim is the courts / legal executive ordered to pay the sum of $2,000 to the complainant / invoice fee to be reduced by $400 plus GST / fee cancelled for the amendment to the agreement / $1,000 fine / legal executive ordered to pay Law Society the sum of $1,600 as contribution towards costs / Committee’s decision otherwise confirmed / section 211(1)(a)
  18. LCRO 167/2021 MP v IC (28 April 2022) [PDF, 202 KB]

    Complaint / Committee decided to take no further action / litigation / complaint opposing lawyer took steps to recover outstanding funds from the complainant / complainant argued that lawyer had no entitlement to fees claimed as he had been conflicted when undertaking work for her / complainant contended that the lawyer should have withdrawn as her counsel when circumstances required him to do so / lawyer argued that his withdrawal from the proceedings was discussed with the complainant and was supported by her / complainant was advised by new solicitor to pay the opposing lawyer’s fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13 / HELD / complainant failed to provide necessary evidence to establish that the lawyer had breached his duties or obligations owed to her or the Court / complainant consistently represented to the lawyer that she would settle his fees on receipt of settlement funds from the proceedings / lawyers are entitled to be paid…
  19. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [PDF, 266 KB]

    Review / Committee made orders against lawyer / trust matter / complaint opposing lawyer made direct contact with a represented client / the lawyer’s statement of claim was a possible breach of proper purpose / complaint opposing lawyer acted incompetently and dishonestly / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10.2 / Lawyers and Conveyancers Act 2006, section 12(b) / HELD / breach of rule 10.2 had minimal consequence / complainant was not prejudiced or compromised by breach of rule 10.2 / drafting the statement of claim is using the law and a legal process / a lawyer cannot be properly criticised for robustly advancing their client’s position / lawyer’s conduct was unsatisfactory by reference to section 12(b) / Committee’s determination in regards to the fine was modified / Committee’s decision otherwise confirmed / section 211(1)(a)
  21. LCRO 204/2021 UX v AK (28 April 2022) [PDF, 162 KB]

    Complaint / Committee decided to take no further action in relation to the complaint / complaint opposing lawyer instructed her husband to take a photograph of complainant’s property / also, misled the complainant’s lawyer by failing to advise that she sent her husband to take the photo / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / HELD / complaint was considered by the police who elected to take no action on it / lawyer admits she made an error of judgement / lawyer ordered to pay $750 costs to the New Zealand Law Society to mark her deviation from best practice / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 36/2021 ED v MR and FR (14 April 2022) [PDF, 242 KB]

    Complaint / Committee declined to take further action / complainant’s sister instructed lawyer to prepare enduring Powers of Attorney for her unwell mother / complainant’s sister was appointed her mother’s attorney / complaint lawyer’s action were negligent, careless and incompetent / fee charged was unreasonable / delays in administering the estate / conflict of interest regarding property sale / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 5 / Lawyers and Conveyancers Act 2006, section 3(1)(b) / section 4(b) / Sandman v McKay [2019] NZSC 41 / HELD / medical consultants did not consider the mother was in a fit state to be signing any legal documentation / lawyer is no longer in practice / nothing would be achieved by making an adverse finding against the lawyer now / the fee charged was reasonable / no substance to the allegation of a conflict of interests / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [PDF, 185 KB]

    Complaint / Committee declined to take further action / litigation / complaint regarding fees charged not being fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / HELD / time records provided accurate account of the work completed on the file / nature of the work undertaken justifies the deployment of a number of lawyers to work on the file / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [PDF, 354 KB]

    Complaint / Committee declined to take further action / property matter / complaint opposing lawyer did not follow instructions to cancel the agreement / complainant argued that the lawyers mismanaged the transaction after settlement and did not respond in a timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / HELD / one of the opposing lawyer’s breached rules 3 and 3.2 / breaches do not require the imposition of a disciplinary mark / none of the shortcomings engage the honesty or integrity of any of the parties / complainants unable to establish that their version of the critical events was probable / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 194/2020 WQ and QZ v [Company A] (29 March 2022) [PDF, 293 KB]

    Review / Committee found unsatisfactory conduct / farm property / complaint regarding firm’s fee for acting on the purchase / fee included a percentage uplift based on the purchase price / letter of engagement did not mention potential percentage uplift / Lawyers and Conveyancers Act 2006, section 132(2) / section 156(1)(e) / section 156(1)(g) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.4(a) / rule 9 / rule 9.1 / HELD / lawyers believed the percentage charge was an appropriate approach of taking into account the fee factors to arrive at a fair and reasonable fee / lawyers did not intend to mislead / LCRO directed that another Committee reconsider and determine whether the lawyers’ fee was more than a fee that is fair and reasonable for the services provided / Committee’s finding of unsatisfactory conduct was reversed / Committee’s orders to reduce lawyers’ fee was reversed / section 211(1)(a)