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1328 items matching your search terms

  1. LCRO 186/2016 KS v WX (20 July 2018) [PDF, 188 KB]

    Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to repay client funds held in trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.6 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / Abbot v Macclesfield LCRO 40/2009 (29 May 2009) / open and transparent billing / reasonable time to render final account / HELD / final accounts not rendered within a reasonable time / fees not fair and reasonable / Committee’s decision modified / section 211(1)(a)
  2. LCRO 54/2018 KJ v VW (6 July 2018) [PDF, 180 KB]

    Complaint / Committee declined to take further action on complaints / conflict of interests / purchase of property / overpayment of deposit / lawyer acting for vendors / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / CW v XB LCRO 213/2010 (15 June 2011) / whether lawyer should have noticed overpayment / third party duties / HELD / purchasers had their own representation / failure to notice overpayment an honest mistake / Committee’s decision confirmed / section 211(1)(a)  
  3. LCRO 186/2015 TL RH LTD & TL HOLDINGS LTD v QG (6 July 2018) [PDF, 118 KB]

    Complaint / Committee declined to take further action on complaints / lawyer ceased acting for clients / complaint lawyer mislead court and increased complainants costs / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / respect and courtesy / discovery obligations / termination of retainer / HELD / limited duties owed to complainants / no evidence lawyer breached duties owed to third party / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 201/2017 ZK v XM (29 June 2018) [PDF, 288 KB]

    Complaint / Committee declined to take further action on complaints / will dispute / complaint lawyer failed to check property status / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 7 / rule 7.1 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / AG v ZT LCRO 159/2010 (18 February 2011) / scope of retainer / duty to act in clients best interests / competence / HELD / lawyer should have checked property title / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
  6. LCRO 33/2016 GW v AX (27 June 2018) [PDF, 292 KB]

    Complaint / Committee found unsatisfactory conduct / lawyer claimed lien over passport / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lawyer sought advice from senior practitioner / HELD / passports property of government / no right to assert lien / lawyer acted on advice / Committee’s decision reversed / section 211(1)(a)
  7. LCRO 233/2014 IB v KZ (27 June 2018) [PDF, 204 KB]

    Complaint / Committee found unsatisfactory conduct / lawyer threatened to “destroy” witness / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 10 / rule 11.4 / rule 13.2.1 / Medcalf v Weatherill [2002] UKHL 27 / Law Society of Upper Canada v Kay 2006 ONLSHP 58 / respect and courtesy / HELD / comment unprofessional and unsatisfactory, but not threatening or repeated / exercise of LCRO’s discretion / conduct not deserving of an unsatisfactory conduct finding / Committee’s decision reversed / section 211(1)(a)
  9. LCRO 41/2015 CL v JW and IB (26 June 2018) [PDF, 241 KB]

    Complaint / Committee declined to take further action on complaints / property sale / fee complaint / estimate / email not seen / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.11 / rule 7 / rule 11 / rule 11.3 / working day / lawyer passed away / HELD / issues of liability and compensation for the courts / firm should have ceased acting / lawyer unable to answer complaints / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [PDF, 237 KB]

    Complaint / Committee declined to take further action on complaints / employment dispute / complainants hired employment advocate / consultant used lawyers’ offices / complaint lawyers misled complainants / Fair Trading Act 1986, section 9 / section 11 / section 43 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.1 / Red Eagle Corporation Ltd v Ellis [2010] NZSC 20, [2010] NZLR 492 / misleading and deceptive conduct / jurisdiction of Office / HELD / Office does not have jurisdiction to hear Fair Trading Act claims / risk of misleading public / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 179/2017 VB, CB & ON v QT (14 June 2018) [PDF, 181 KB]

    Complaint / Committee declined to take further action on complaints / dispute with body corporate / unpaid levies / lawyer acted for body corporate / conflict of interest / authority to act / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / Black v ASB Ltd [2012] NZCA 384 / jurisdiction / third party duties / HELD / complaints heard before another tribunal / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [PDF, 220 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / client signed irrevocable instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / rule 5.4 / rule 6 / rule 10 / duty of independence / conflict of interest / partnership duties / HELD / lawyers had other appropriate methods to secure fees / partners entitled to accept information from other partners as correct / Committee’s decision modified / section 211(1)(a)
  18. LCRO 116/2017 GC v KM (31 May 2018) [PDF, 420 KB]

    Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to keep client informed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / competence / terms of engagement / enduring power of attorney / cash-out clause / HELD / fees fair and reasonable / client kept informed / Committee’s decision reversed / section 211(1)(a)
  19. LCRO 168/2016 WT v MD (30 May 2018) [PDF, 269 KB]

    Complaint / Committee found unsatisfactory conduct / failure to use up-to-date statute / advice incompetent / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.3 / rule 9 / withdrawing from retainer / HELD / fees reasonable / client given reasonable time to terminate retainer / advice competent / failure to use up-to-date statute unsatisfactory / Committee’s decision modified / section 211(1)(a)
  21. LCRO 152/2017 CS v GB (22 May 2018) [PDF, 248 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint lawyer discourteous / no terms of engagement / protection of confidential information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 8 / work of significant nature / HELD / no significant work carried out / no breach of confidence /  no evidence to determine other issues / Committee’s decision confirmed / section 211(1)(a)
  22. LCRO 122/2015 NP v AO (21 May 2018) [PDF, 178 KB]

    Complaint / Committee declined to take further action on complaints / will dispute / lawyer acted for will maker / complaint lawyer failed to respond in timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 12 / rule 12.1 / confidentiality / duties owed to third parties / HELD / limited duties owed to third parties / no obligation to advise complainant / Committee’s decision modified / section 211(1)(a)