You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.

Helpful search tips:

  • If you are looking for a specific decision with a forward slash in the title (eg, 123/2014), you will need to replace the forward slash with a space (eg, 123 2014), as the website cannot pick up on forward slashes (/) or any other characters.
  • If you are doing a keyword search (eg. misconduct), please note that this search will only produce decisions where the keyword appears in the title or decision description. If you want to search the entire decision document for certain keywords, you will need to use full website search located in the top right hand corner of this page.
  • If you want to search for a decision from a particular jurisdiction using the full website search, put both the jurisdiction name and the keyword in the search field (eg, LCRO misconduct).
Search results

1326 items matching your search terms

  1. LCRO 172/2019 CB v HM (29 July 2020) [PDF, 112 KB]

    Complaint / Committee determined to take no further action on complaint / civil proceedings regarding subdivision / complaint lawyer’s conduct during litigation was unsatisfactory/ Siemer v Legal Complaints Review Officer HC Auckland CIV-2010-404-986, 25 February 2011 / LCRO 42/2020 (7 July 2020) / RCN v MA LCRO 2/2019 (27 May 2020) / A v New Zealand Law Society [2017] NZHC 1712 / HELD / not the role of disciplinary process to scrutinise and validate submissions and evidence in court proceedings / no evidence of recklessness to mislead the court / Committee’s decision confirmed / section 211(1)(a)
  2. LCRO 73/2019 LM v NO (27 July 2020) [PDF, 224 KB]

    Review / Committee determined to take no further action on complaint / relationship property proceedings / complaint opposing lawyer acted for two clients in one matter when their interests did not align / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / lawyer’s clients have not expressed concern but complainant has sufficient interest in the complaint for inquiry to proceed / lawyer prepared draft proceedings and gave advice against existing client, contrary to that client’s interests / while both shared a view on the subject of proceedings, their interests were not aligned / client cannot instruct a lawyer to act against their own interests / technical breach of rule 6.1 / appropriate to exercise discretion not to make an adverse finding in these circumstances / Committee’s decision confirmed but modified to reflect breach of rule 6.1 / section 211(1)(a)
  3. LCRO 206/2018 JA v CL (22 July 2020) [PDF, 168 KB]

    Complaint / Committee determined to take no further action on complaint / relationship property matters / complaint opposing lawyer failed to comply with agreements, made unsubstantiated allegations and attacks, did not respond to communications in a timely manner, was unprofessional and failed to correct a mistake / HELD / lawyers owe limited duties to non-clients / client’s decisions are not the lawyer’s / no evidence of professional standards concern / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 3/2019 YR v OS (20 July 2020) [PDF, 207 KB]

    Review / Committee found unsatisfactory conduct/ trust and relationship property matters / complaint lawyer failed to explain trustee duties and provide competent advice, failed to inform trustee they had been removed as a trustee, and acted for more than one client / provided advice to both husband and wife / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / review of liability determination / lawyer must be proactive in offering advice or ensuring independent advice / lawyers can owe fiduciary duties to non-clients / no evidence lawyer provided wife with advice regarding significance of family home being owned by a trust (taking it outside of relationship property pool) or of power of appointment and removal of trustees and the associated risks if marriage ended / breach of fiduciary duty / Committee’s decision confirmed but modified to include further unsatisfactory finding conduct pursuant to section 12(c) for rule breaches related to fiduciary duties / section 211(1)(a)
  5. LCRO 87/2019 G OR v F HM (10 July 2020) [PDF, 259 KB]

    Review / Committee determined to take no further action on complaint / will and estate matter / complaint opposing lawyer requested confidential information from lawyer / Carter Holt Harvey Forests Ltd v Sunnex Logging Ltd [2001] 3 NZLR 343 (CA) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.1 / rule 8.1.1 / rule 8.7 / rule 8.8 / HELD / duties to non-clients / any duty of confidence owed to complainant would have to arise outside a lawyer-client relationship / no evidence of connection or relationship with complainant or their lawyer giving rise to a duty of confidence / no breach of rule 8.8 / Committee’s decision confirmed but modified to provide further action is unnecessary or inappropriate / section 211(1)(a)
  6. LCRO 176/2019 LJ v RY and PG (7 July 2020) [PDF, 230 KB]

    Complaint / Committee determined to take no further action on complaint / breaches of franchise agreement / complaint lawyers’ advice was negligent and that fees were excessive and no estimate was provided/ fee complaint / Auckland Standards Committee No 3 v Castles [2013] NZLCDT 53 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 9.4 / HELD / complainant defaulted on various obligations when instructing lawyers / no right or wrong approach to litigation strategy / test for unsatisfactory conduct involves competence and diligence / no evidence of professional standards issue regarding advice / complainant did not request an estimate / although Committee did not appoint a costs assessor, it would have been reasonable for lawyers to consider an uplift in the circumstances of the retainer / this mitigates complaint that fees rendered were excessive / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 97/2019 DH v MB (29 June 2020) [PDF, 273 KB]

    Complaint / Committee declined to take further action on complaint / settlement of estate dispute / complaint lawyer did not act competently preparing complaintant’s mother’s will to protect family property from claims / Davis v Mancer [2015] NZHC 3005 / SY v LT LCRO 1/2018 (December 2019) / JR v ST LCRO 57/2015 (December 2016) / Family Protection Act 1955 / Lawyers and Conveyancers Act 2006, section 351 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / certain conduct occurred more than six years before 1 August 2008, no jurisdiction / non-clients are owed limited duties / no evidence produced that lawyer failed to advise complainant’s mother to protect her property from relationship property/family protection claims / allegations of negligence must be tested in civil courts / Committee’s decision modified to record that any further action on the complaint is unnecessary or inappropriate / Committee’s decision otherwise confirmed / section 2…
  9. LCRO 195/2018 KW v LQ (26 June 2020) [PDF, 182 KB]

    Review / Committee declined to take further action on complaint / criminal representation / complaint lawyer did not account for money, made erroneous comments about Legal Aid Service and another lawyer, and brought the profession into disrepute / Lawyers and Conveyancers Act 2006, section 200 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 9.5 / rule 10 / rule 11 / HELD / lawyer misrepresented role of legal aid lawyer to client’s overseas family / erroneously minimised credentials of legal aid lawyer / breach of section 12(b), unacceptable and unprofessional conduct / client’s interests compromised as lawyer then withdrew services due to non-payment of fees / trust account records issue not addressed by Standards Committee / issue returned to Standards Committee / section 209 / Committee’s decision reversed as to orders / censure and costs ordered / section 211(1)(a)
  10. LCRO 202/2018 HB v MD (26 June 2020) [PDF, 172 KB]

    Complaint / Committee declined to take further action on complaint / responsibility for invoices regarding mortgage defaults / complaint lawyer falsely asserted complainant was in default of mortgage, and issued two invoices complainant was not responsible for / Lawyers and Conveyancers Act 2006, section 12(a) / HELD / lawyer relied on client’s advice as to the facts when issuing one erroneous invoice / mistake quickly acknowledged, isolated error / no breach of section 12(a) / liability for other invoice currently before the courts / no evidence of breach of professional standards / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 164/2019 SM v NL (25 June 2020) [PDF, 150 KB]

    Complaint / Committee declined to take further action on complaint / family court proceedings / complaint lawyer acted against former client / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7 / rule 8.7.1 / Torchlight Fund No 1 LP (in rec) v NZ Credit Fund (GP) 1 Ltd [2014] NZHC 2552 / HELD / no particularised evidence of how lawyer breached rule 8.7.1 / no evidence of professional standards issue / no evidence of lawyer holding confidential information which, if disclosed, would likely affect the interests of former client / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 90/2019 WP v MB (23 June 2020) [PDF, 186 KB]

    Review / Committee declined to take further action on complaint / sale and purchase of commercial property / complaint lawyer breached undertaking / delay in providing lease documents / Auckland Standards Committee 3 v W [2011] 3 NZLR 117 (HC) / W v Auckland Standards Committee 3 [2012] NZCA 401 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / HELD / undertaking said lease documents would be provided on completion of settlement / lawyer did not search files in response to inquiries / provided documents 5 weeks later / breach of rule 10.3 / Committee’s decision reversed / $1,000 fine and costs ordered / section 211(1)(a)
  14. LCRO 174/2018 GL v TE (18 June 2020) [PDF, 296 KB]

    Review / Committee declined to take further action on complaint / trust dispute / complaint lawyer had a conflict of interest and did not adequately administer trust/ Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008, rule 8.7.1 / HELD / complainant consented to lawyer acting for trust/ no evidence of disclosure of client information that would adversely affect complainant / complainant may apply to High Court to compel lawyer to perform trustee duties / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 2/2018 MC v TL (17 June 2020) [PDF, 304 KB]

    Complaint / Committee declined to take further action on complaint / paternity and custody proceedings / complaint lawyer did not act competently, accept instructions, or act in a timely manner / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5 / rule 4 / rule 4.1 / rule 4.1.3 / HELD / no rule requiring either client or lawyer to sign terms of engagement / no evidence lawyer did not act competently / time taken to advance matters does not call for disciplinary response / lawyer could have advised client that separate proceedings to recover costs would not be required / Committee’s decision confirmed / section 211(1)(a)
  16. LCRO 84/2020 WF v BP (11 June 2020) [PDF, 159 KB]

    Jurisdiction / Committee found unsatisfactory conduct / whether application lodged out of time / Lawyers and Conveyancers Act 2006, section 198 / Epidemic Preparedness Act 2006, schedule 2 / D v T LCRO 36/2009 (27 March 2009) / LCRO 190/2017 (6 November 2017) / KX v WA LCRO 84/2012 (30 April 2012) / 30 working day time limit / discretion to extend time limit / whether LCRO a tribunal / HELD / no reason to extend time limit / application for review lodged out of time / LCRO has no jurisdiction to consider application
  19. LCRO 196/2019 FL v ND (8 June 2020) [PDF, 123 KB]

    Complaint / Committee declined to take further action on complaint / unsuccessful private prosecution regarding breach of suppression order / complaint lawyer breached suppression order and misled the court / HELD / not role of Standards Committee to construct complaint against lawyer / Standards Committee not the appropriate forum to determine whether lawyer breached suppression order / issue cannot be relitigated through complaints process / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 22/2019 HT v MK (29 May 2020) [PDF, 326 KB]

    Review / Committee declined to take further action on complaint / sale of a business and shares / complaint lawyer made errors in share sale agreement, failed to make inquiries and disclose information, and went on leave causing delay / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 1.6 / rule 3 / rule 7 / rule 7.1 / rule 9 / rule 9.1 / rule 10 / Hunstanton v Cambourne and Chester LCRO 167/2009 (February 2010) / HELD / allegations of negligence must be tested in civil courts / share sale agreements ultimately used were in draft form, still subject to revision / lawyer advised client they would be on leave / delays not untimely / lawyer not culpable for not taking steps after instructions withdrawn / Committee did not analyse fee complaint adequately / Committee’s decision to take no further action on fee complaint reversed / fee complaint referred back to Committee / section 209(1)(a) / Committee’s decision otherwise confirme…
  22. LCRO 79/2019 PS v NR (28 May 2020) [PDF, 193 KB]

    Complaint / Committee declined to take further action on complaint / Family Court proceedings / complaint lawyer instructed self-represented litigant to communicate directly with their client in breach of protection order / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / rule 12.1 / Burgess v Tait [2014] NZHC 2408 / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / HELD / lawyer volunteered to pass on emails to the client in court, then withdrew that offer later / either insincere, or discourteous and unprofessional to cease forwarding emails and advise to deal with lawyer’s client directly, without prior discussion with complainant and notification to the court / as complainant unrepresented, should have informed her of her right to take legal advice / by finest margin, no adverse finding made / Committee’s decision confirmed / section 211(1)(a)