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1326 items matching your search terms

  1. LCRO 7/2018 AB v CD (26 November 2019) [PDF, 165 KB]

    Review / Committee found unsatisfactory conduct / protection order / complaint lawyer did not provide adequate final account and exceeded estimate / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7.2 / rule 9 / rule 9.3 / rule 9.4 / rule 9.6 / rule 9.7 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / Lawyers and Conveyancers Act 2006, section 110 / HELD / no evidence estimate was provided or that lawyer failed to provide invoice / final account met rule 9.7 / breach of rule 7.2 / did not provide information on request / lawyer stated they may withdraw discount offered if information request was sustained / Committee’s decision modified to record breach of r 7.2 / section 211(1)(a)
  2. LCRO 81/2018 QQ v RR (26 November 2019) [PDF, 548 KB]

    Review / Committee found unsatisfactory conduct / Family Court proceedings / complaint lawyer failed to protect interests and act in accordance with fiduciary duties / fee complaint / Family Court set aside relationship property agreement / Committee ordered $150,000 fee refund / Property (Relationships) Act 1976, section 21 / P v H LCRO 02/2009 / TJ v DM LCRO 261/2016 / HELD / elements of joint complaint vexatious / evidence does not support allegations in complaint / Committee may not order refund exceeding fees paid / lawyer kept client informed and provided competent advice / no evidence of assurances that costs position was secure / retainer uncertain with litigation risk / no further action on fee complaint as joint complaint vexatious / section 211(1)(b) / Committee’s decision reversed / section 211(1)(a) 
  3. LCRO 37/2018 AH v OO (12 November 2019) [PDF, 166 KB]

    Complaint / Committee declined to take further action on complaint / conveyancing matter / complaint lawyer did not competently advise on due diligence / pre-1 August 2008 conduct / Law Practitioners Act 1982 / Lawyers and Conveyancers Act 2006, section 351 / Woods v Legal Complaints Review Officer [2013] NZHC 674 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / advice on conveyancing was a breach of rule 3 / Committee’s decision modified to record unsatisfactory conduct pursuant to sections 12(a) and 12(c) / section 211(1)(a)
  7. LCRO 215/2018 WN v ZD (31 October 2019) [PDF, 162 KB]

    Review / Committee declined to take further action on complaint / litigation representation / complaint lawyer failed to keep client informed / whether lawyer has a duty to advise they will be unable to complete retainer due to resignation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / HELD / lawyer failed to advise client they had resigned from firm / breach of rule 7.1 / apology / Committee’s decision modified to record unsatisfactory conduct pursuant to sections 12(a) and 12(c) / section 211(1)(a)
  10. LCRO 119/2018 QL v DW (22 October 2019) [PDF, 164 KB]

    Review / Committee declined to take further action on complaint / relationship property agreement / complaint lawyer failed to accurately calculate funds available to client on settlement of property sale / whether lawyer provided competent service / whether lawyer ensured client understood calculations / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7 / rule 7.1 / Daniels v Complaints Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850 (HC) / Workington v Sheffield LCRO 55/2009 (26 August 2009) / HELD / lawyer failed to calculate net proceeds of sale accurately / did not ensure client understood calculations / $2,500 fine / Committee’s decision reversed / section 211(1)(a)
  11. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [PDF, 141 KB]

    Review / Committee found unsatisfactory conduct / dealing with bankrupt client’s funds / complaint lawyer did not disclose funds held on trust for bankrupt client to Official Assignee, and used funds to pay firm’s and barrister’s outstanding fees / Insolvency Act 2006 / Lawyers and Conveyancers Act 2006, section 110 / whether firm held a lien over funds / whether lawyer entitled to rely on belief partner had approval from Official Assignee / HELD / lawyer acted without due care in contravention of Insolvency Act 2006 / Committee’s decision confirmed / reversed as to considering whether to publish practitioner’s name / section 211(1)(a)
  12. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [PDF, 196 KB]

    Review / Committee declined to take further action on complaint / relationship property proceedings / widely-cast complaint that lawyers failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Client Care and Conduct) Rules 2008, rule 3 / rule 9.1 / whether Committee reviewed fee complaint correctly / HELD / no evidence of professional standards issue / brief reasons for conclusions on fee review insufficient in the circumstances / Committee did not appoint cost assessor / Committee to reconsider fee complaint / section 209(1)(a) / Committee’s decision otherwise confirmed / section 211(1)(a)
  13. LCRO 13/2019 RA v LO (23 September 2019) [PDF, 146 KB]

    Complaint / Committee declined to take further action on complaint / protection order proceedings / complaint lawyer was rude to client, pressured client into settling, and included a clause in an undertaking without instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 7.1 / rule 12 / rule 13.3 / whether lawyer was discourteous / whether lawyer protected client’s interests / HELD / no evidence of professional standards issue / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [PDF, 344 KB]

    Complaint / Committee declined to take further action on complaint / professional discipline proceedings / complaint lawyers not competent, and conflicted with insurer / R and N Family Trust v EL LCRO 205/2015 (27 June 2019) / Nicholson v Icepak Coolstores Ltd [1999] 3 NZLR 475 (HC) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 6 / rule 6.1 / whether lawyers had sufficient understanding of case before providing advice / HELD / lawyers provided competent representation / no evidence that lawyers were conflicted / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 130/2017 HS v NC and EH (18 September 2019) [PDF, 260 KB]

    Complaint / Committee declined to take further action on complaint / dispute with council and retailer / complaint lawyers acted in excess of instructions / failed to provide client care information / fee complaint / Lawyers and Conveyancers Act (Lawyers: Client Care and Conduct) Rules 2008, rule 3.4 / rule 3.6 / rule 9 / rule 9.1 / whether lawyers were instructed to act and on what basis / HELD / no evidence of professional standards issue / legal services to be provided covered by retainer and subsequent instructions / Committee’s decision confirmed / section 211(1)(a)
  17. LCRO 207/2018 PC v FM (10 September 2019) [PDF, 499 KB]

    Review / Committee declined to take further action on complaint / advice on a business purchase and lease, renewal / complaint lawyer failed to competently advise client / complainant succeeded in negligence proceedings against lawyers / Yates Property Corp Pty Ltd (in liq) v Boland (1998) 85 FCR 84 (FCAFC) / Robert Bax & Associates v Cavenham Pty Ltd [2012] QCA 177, [2013] 1 Qd R 476 / Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / vulnerable client / did not provide competent advice / although client has obtained civil remedy, unsatisfactory conduct findings warranted / Committee’s decision reversed / section 211(1)(a)
  19. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [PDF, 274 KB]

    Review / Committee found unsatisfactory conduct / complaint lawyer communicated directly with other party by speaking at body corporate AGM / lawyer held proxy from unit owners who were in litigation against body corporate, and dissuaded other unit owners from continuing litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.2 / whether lawyer entitled to address unit owners while body corporate represented and lawyer not present / HELD / members of body corporate are not the body corporate, but when decision to be made by majority, it is as if the body corporate is being addressed / touchstone of improper conduct is whether lawyer took “undue advantage” in absence of competing professional voice / breach of rule 10.2 / however, finding of unsatisfactory conduct not warranted as conduct was not unprofessional by a clear and distinct margin / Committee’s decision reversed / section 211(1)(a)
  22. LCRO 105/2018 SW v NL (23 August 2019) [PDF, 292 KB]

    Complaint / Committee declined to take further action on complaint / relationship property / complaint lawyer acted for both parties on conveyancing transaction / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5 / rule 6.1 / rule 7 / rule 7.1 / rule 10.1 / whether lawyer acted for both parties in conflict / whether lawyer obtained instructions and kept client informed / HELD / in context, lawyer acted for both parties with more than negligible risk of being unable to discharge obligations / did not obtain informed consent or promptly disclose all information relevant to sale / acted unilaterally to hold proceeds in trust account / $2,000 fine / $1,600 costs / Committee’s decision reversed / section 211(1)(a)
  23. LCRO 108/2018 WR v NS (23 August 2019) [PDF, 243 KB]

    Complaint / Committee found unsatisfactory conduct / potential client incapacity / Committee found client probably lacked capacity / determined lawyer failed to protect client’s interests / HELD / Sandman v McKay [2019] NZSC 41 / duty to follow instructions put ahead of any uncertainty about client’s capacity to give instructions / nothing to alert lawyer to possibility client lacked capacity / Committee’s decision reversed / section 211(1)(a)
  24. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [PDF, 462 KB]

    Review / Committee found unsatisfactory conduct / estate administration / complaint lawyers’ advice to executors not competent and reasonably careful / Lawyers and Conveyancers Act 2006, section 12(a) / injunction sought due to executors exercising power of sale without unanimous beneficiary consent / whether lawyers’ failed to give competent advice / Committee ordered over $43,000 compensation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 7.1 / HELD / dysfunctional relationship between lawyers / one lawyer failed to give advice about Deed of Family Arrangement and consequences of lack of unanimous beneficiary consent / failed to pass on information to executors / no systemic issue in law firm / speculative that advice caused losses, compensation reversed / Committee’s decision modified / section 211(1)(a)
  25. LCRO 90/2016 FL v WZ (15 August 2019) [PDF, 196 KB]

    Complaint / Committee declined to take further action on complaint / employment relations dispute / complaint lawyer failed to follow instructions, obtain important documents, respond to inquiries,  disclose a close personal relationship, and concealed documents / HELD / Auckland Standards Committee 3 v Castles [2013] NZLCDT 53 / lawyer pursued all available avenues / no persistent failure to respond to or communicate with client / no evidence establishes close personal relationship / Committee’s decision confirmed / section 211(1)(a)