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1326 items matching your search terms

  1. LCRO 234/2017 and 172/2018 YA and XB v WD and VS (9 April 2019) [PDF, 242 KB]

    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)
  2. LCRO 134/2018 AH v NR (7 April 2019) [PDF, 200 KB]

    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)
  4. LCRO 35/2018 MR v GB (4 April 2019) [PDF, 266 KB]

    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lawyer also ordered to apologise to respondent / unprofessional for lawyer to be involved in attempts to have complaint withdrawn / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 197/2017 SM v HW (29 March 2019) [PDF, 293 KB]

    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)
  9. LCRO 238/2017 VQ v CAR LIMITED (28 March 2019) [PDF, 271 KB]

    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)
  13. LCRO 120/2017 ML v NM (19 March 2019) [PDF, 176 KB]

    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)
  14. LCRO 195/2017 LH v SR and HP (19 March 2019) [PDF, 229 KB]

    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)
  15. LCRO 108/2016 WJ v FM (19 March 2019) [PDF, 146 KB]

    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)
  16. LCRO 20/2016 LC and CM v JP (19 March 2019) [PDF, 238 KB]

    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)
  17. LCRO 185/2017 DO v DP (18 March 2019) [PDF, 237 KB]

    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)
  20. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [PDF, 250 KB]

    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)
  21. LCRO 151/2017 NS v ET (12 March 2019) [PDF, 130 KB]

    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)
  23. LCRO 173/2018 YN v LT (7 March 2019) [PDF, 186 KB]

    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)
  25. LCRO 255/2016 WR v VB (4 March 2019) [PDF, 176 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / complaint lawyer did not release funds as required / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / AO v ZH LCRO 301/2011 (12 March 2014) / whether estimate provided / HELD / lawyer holding funds due to undertaking / lawyer must release funds as required by undertaking / no conduct issues arise / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)