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Complaint / Committee declined to take further action on complaint / lawyer sent letter to applicant / complaint letter lacked respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / HELD / lawyer acting under client’s instructions / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint/ relationship property dispute / notice of claim on property / complaint lawyer acted when client did not have capacity / failed to communicate / Protection of Personal and Property Rights Act 1988 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Scott v Wise [1986] 2 NZLR 484 (CA) / Re “Tony” (1990) 5 NZFLR 609 (FC) / Carrington v Carrington [2014] NZHC 869, [2014] NZFLR 571 / whether enduring power of attorney revoked / presumption of competence / respect and courtesy / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction as to whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
Complaint / two complaints / Committee declined to take further action on first complaint / Committee found unsatisfactory conduct on second complaint / administration of estate / first complaint, fees charged / second complaint, lawyers failed to follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9.1 / HELD / fees fair and reasonable / Committee’s decision confirmed / delays due to complaints process / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of business / lawyer failed to honour undertaking / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / Auckland Standards Committee 3 of New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / whether lawyer had control over undertaking / HELD / lawyer sought medical advice on client’s capacity / Office has no jurisdiction on whether client had capacity / lawyer’s communications did not lack respect and courtesy / Committee’s decision confirmed / section 211(1)(a)
Date of orders: 5 April 2019
Review / Committee found unsatisfactory conduct / complaint about costs of estate administration / complaint about lawyer’s conduct during the complaints process / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 10.1 / rule 10.2 / communication with represented person / HELD / lawyer also ordered to apologise to respondent / unprofessional for lawyer to be involved in attempts to have complaint withdrawn / Committee’s decision confirmed / section 211(1)(a)
Review of Committee’s decision to prosecute / sale and purchase of property / conflict of interest / FF v Wellington Standards Committee 2 LCRO 23/2011 (27 September 2011) / PA v Standards Committee LCRO 267/2014 (20 June 2015) / Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 / HELD / no basis to interfere with Committee’s decision / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / transfer of company shares / lawyer had previously worked at a firm engaged by complainant / complaint lawyer had conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 8 / rule 8.1 / rule 8.7 / acting against a former client / duty to protect confidential information / whether lawyer was aware of Family Court proceedings / HELD / lawyer transferred shares without informing applicant / lawyer was aware of other proceedings / lawyer could not act against a former client / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / Lawyers and Conveyancers Act 2006, section 351(2) / jurisdiction to hear complaint / HELD / conduct occurred more than six years before 1 August 2008 / repeat of a previous complaint / no jurisdiction to consider complaint / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property purchase / complaint lawyer failed to advise applicants on GST provisions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / zero rated GST / whether lawyer instructed about GST issues / HELD / lawyer had obligation to advise client on GST matters / duty to explain transaction to client / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property dispute / applicant agreed to cover lawyer’s fees / lawyer issued second invoice and increased fee / fee complaint / Goods and Services Tax Act 1985, section 24(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / whether lawyer had issued a new invoice / whether Committee had breached natural justice / HELD / fee complaint resolved through mediation / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / dispute between directors / complaint lawyer threatened applicants / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / whether threat made for an improper purpose / HELD / lawyer’s comments reasonable and not threats / no improper purpose / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / immigration advice / complaint lawyer’s advice inadequate / HELD / lawyer provided competent advice / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / complaint lawyer declared agreement unconditional without instructions / whether lawyer advised client about agreement / HELD / lawyer acted on client’s instructions / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / preparation of will / dispute over mental capacity / lawyer took instructions under a power of attorney / did not respond to request to uplift files / complaint lawyer acted without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 8.7.1 / whether lawyer acted after retainer terminated / HELD / reasonable for lawyer to assume client did not have capacity / Office cannot determine whether client had capacity / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / preparation of wills / instructions withdrawn / complaint lawyer acted without instructions / did not act in a timely manner / did not provide documents upon request / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 4 / rule 4.4.1 / rule 7.2 / rule 9 / Groom v Crocker [1939] 1 KB 194 (CA) / whether lawyer can assert a lien over files / whether lawyer’s retainer had been terminated / HELD / lawyer had no right to assert a lien over client’s files / lawyer obliged to release documents on request / failed to act on instructions in a timely manner / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / property purchase / lawyer also acting for vendor / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 6.1.1 / rule 6.1.2 / Farrington v Rowe McBride & Partners [1985] 1 NZLR 83 (CA) / Taylor v Schofield Peterson [1999] 3 NZLR 434 (HC) / conflict of interest / whether lawyer had informed consent to act / HELD / lawyer did not obtain consent to act / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / authority to release deposit / complaint lawyer released deposit without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 6.1 / rule 10 / rule 10.1 / respect and courtesy / whether lawyer obtained informed instructions from both clients / HELD / lawyer failed to obtain informed consent / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / sale of property / repayment of loan / complaint lawyer did not obtain consent to repay loan / Lawyers and Conveyancers Act 2006, section 110(1)(b) / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 12(6) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Hansen v Young [2004] 1 NZLR 37 (CA) / Heslop v Cousins [2007] 3 NZLR 679 (CA) / AW v ZK LCRO 230/2012 (28 March 2014) / scope of instructions / lawyer as trustee / HELD / lawyer did not obtain instructions to repay the loan / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / residence visa application / partner of client passed away / applicant not client of respondent / complaint that respondent is responsible for death / HELD / no link between visa application and death / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 18 March 2019
Review / Committee found unsatisfactory conduct / debt recovery / preparation of statutory demand / complaint lawyer did not provide required information / fee complaint / did not protect client’s interests / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 9 / rule 10.1 / whether lawyer provided a quote for fees / whether debt was undisputed / HELD / lawyer had a duty not to mislead the court / no evidence that lawyer provided a quote / fees fair and reasonable / lawyer failed to provide information in advance / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / ACC claim / lawyer was acting under legal aid / fee complaint / Real Estate Agents Act 2008, section 123 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.2 / rule 9.5 / whether client agreed to pay higher fees / duty to inform client of whether lawyer is prepared to work on legal aid / HELD / lawyer had a duty of care to vulnerable client / client did not agree to pay for work / fees not fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / settlement offer / complaint lawyer used legal processes for improper purposes / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / lawyer did not attempt to use legal process for improper purpose / Committee’s decision confirmed / section 211(1)(a)
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)