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1328 items matching your search terms

  1. LCRO 74/2017 SD v TM (31 January 2019) [PDF, 218 KB]

    Review / Committee found unsatisfactory conduct / sale of shares / complaint lawyer has conflict of interest / Lawyers and Conveyancers Act 2006, section 156(1)(d) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 6.1 / rule 6.1.1 / rule 7 / rule 8.7 / rule 8.7.1 / Sandy v Khan LCRO 181/2009 (9 December 2009) / duty to disclose information to client / duty to obtain informed consent before acting / whether Committee should have ordered publication of the determination / whether Committee should have ordered compensation / HELD / conflict of interest as the interests of the parties were in competition / lawyer unable to keep information confidential between parties / unsatisfactory conduct / no link between lawyer’s acts and client’s loss / compensation not appropriate / Committee’s decision modified / section 211(1)(a)
  4. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [PDF, 286 KB]

    Complaint / Committee declined to take further action on complaints / dispute over covenant on land / respondents did not act for applicants / complaint lawyers made allegations of fraud without reasonable grounds / used legal the process for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 10 / rule 13.8 / HELD / lawyers had good reason to advance allegation of fraud / no evidence that lawyers used legal process for improper purposes / Committee’s decision confirmed / section 211(1)(a)
  6. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [PDF, 320 KB]

    Review / Committee found unsatisfactory conduct / leaky building litigation / dispute about appropriate forum for litigation / dispute about clause in litigation agreement / complaint lawyer did not act in a timely manner / did not give clear advice / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / whether lawyer should have salvaged litigation agreement / HELD / lawyer acted competently / litigation strategy was appropriate considering the law at the time / fees fair and reasonable / Committee’s decision reversed / section 211(1)(a)
  8. LCRO 246/2013 YM v RD (7 January 2019) [PDF, 221 KB]

    Complaint / Committee declined to take further action on complaint / property purchase / vendor’s lawyer attempted to cancel sale / complaint respondent failed to advise vendor’s lawyer that conditions had been satisfied / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / HELD / lawyer acted in a timely manner and in accordance with instructions / Committee’s decision confirmed / section 211(1)(a)
  9. LCRO 92/2016 ZA v YB (7 January 2019) [PDF, 234 KB]

    Review / Committee found unsatisfactory conduct / administration of will / complaint applicant failed to uplift documents when requested by respondent’s lawyer / 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 4 / rule 4.1 / 4.4 / rule 4.4.1 / whether applicant instructed to act / whether there are special circumstances to consider fees less than $2,000 / HELD / assertion of lien over will unsatisfactory conduct / applicant had been instructed to act / fees fair and reasonable / Committee’s decision modified / section 211(1)(a)
  11. LCRO 168/2017 AH v OS and VI (21 December 2018) [PDF, 218 KB]

    Complaint / Committee declined to take further action on complaints / preparation of will / applicant not client of lawyer / complaint that lawyer prepared will without instructions /  Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 8 / rule 8.4 / whether lawyer breached duty of confidence / HELD / no evidence that lawyer acted without seeking instructions / breach of confidence does not warrant a disciplinary response in the circumstances / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 20/2017 AP v RE (20 December 2018) [PDF, 243 KB]

    Complaint / Committee declined to take further action on complaints / child support proceedings / complaint lawyer failed to follow instructions / failed to give competent advice / fee complaint / Lawyers and Conveyancers Act 2006, section 161 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 13.3 / Henderson Reeves Connell Rishworth Lawyers Ltd v Busch [2013] NZHC 3089 / Norris Ward McKinnon v Kaye  [2016] NZHC 3089 / Simpson Grierson v Gilmour (2009) 16 PRNZ 865 (HC) / whether Disputes Tribunal claim to recover fees prevents Office considering a fee complaint / duties in litigation / HELD / Committee should have process for dealing with fee complaints lodged in other jurisdictions / lawyer acted reasonably and protected client’s interests / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 91/2017 DV v LS and HS (19 December 2018) [PDF, 415 KB]

    Review / Committee found unsatisfactory conduct / leaky building litigation / failure to discontinue District Court proceedings / failed to competently supervise and manage junior lawyers / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 11.3 / Watson v Watson (1990) 4 PRNZ 397 (HC) / SK and RM v GJ LCRO 36/2015 (14 December 2016) / HELD / lawyer was partner responsible for proceedings / duty to supervise and manage junior employees / failed to serve proceedings promptly / breach of rule 13.3 / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
  15. LCRO 171/2018 QZ v UJ (19 December 2018) [PDF, 169 KB]

    Review / Committee found unsatisfactory conduct / settlement negotiation / complaint lawyer threatened media exposure of applicant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / whether threat made for an improper purpose / whether respondent threatened to use complaints process for improper purpose / SC v JT LCRO 382/2013 (30 June 2017) / HELD / threats made for an improper purpose / breach of rules 2.7 and 2.10 / Committee’s decision modified / section 211(1)(a)
  16. LCRO 36/2018 AA v SM (19 December 2018) [PDF, 250 KB]

    Review / Committee found unsatisfactory conduct / estate dispute / complaint lawyer had not drafted the will properly / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 5 / rule 6  / rule 7.1 / rule 11.3 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / Woods v Legal Complaints Review Officer [2013] NZHC 674, [2013] NZAR 577 / Carr-Glynn v Frearsons [1999] Ch 326 (CA) / AG v ZT LCRO 159/2010 (18 February 2011) / ZK v XM LCRO 201/2017 (29 June 0218) / whether lawyer had explained effect of joint tenancy to client / whether lawyer acted for estate and beneficiary / HELD / lawyer had a duty to check the property’s title / unsatisfactory conduct / conflict of interest / Committee’s decision modified / section 211(1)(a)
  17. LCRO 220/2016 UT v LE (18 December 2018) [PDF, 290 KB]

    Review / Committee found unsatisfactory conduct / formation of trust / failed to supervise legal executive / legal executive witnessed signatures on unprepared forms / complaint lawyer’s advice incompetent / Property (Relationships) Act 1976, section 18/ Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4 / rule 3.5  / rule 6 / rule 7.1 / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / provision of client care information / scope of retainer / HELD / lawyer failed to properly advise client / failed to provide client information  / did ensure client understood retainer / Committee’s decision modified / section 211(1)(a)
  18. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [PDF, 286 KB]

    Review / Committee found unsatisfactory conduct / applicant facing IRD charges / lawyers with necessary experience left the firm / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / Chean v Kensington Swan HC Auckland CIV-2006-404-1047, 7 June 2006 / whether respondents were responsible for setting fee / whether Committee identified the correct parties for the complaint / HELD / respondents not responsible for setting fees / Committee failed to identify correct parties / Committee’s decision reversed / section 211(1)(a)
  19. LCRO 198/2016 EN v LS (18 December 2018) [PDF, 168 KB]

    Complaint / Committee declined to take further action on complaint / sale of relationship property dispute / lawyer had previously acted for applicant and applicant’s partner / complaint lawyer had a conflict of interest / allegation lawyer had colluded to obtain a lower price for relationship property / P v H LCRO 2/2009 (20 March 2009) / lawyer acting against former clients / HELD / lawyer had applicant’s consent to act / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 196/2013 XM v WG [PDF, 481 KB]

    Complaint / Committee declined to take further action on complaints / dispute over estate / respondent acted for executor / applicant estate beneficiary / complaint respondent misled applicant / complaint respondent gained commission on estate sale / Re: Stewart [2003] 1 NZLR 809 (HC) / Irvine v Public Trustee [1989] 1 NZLR 67 (CA) / obligations of respondent to applicant /  HELD / duties owed to executor / no evidence before committee about commission / Committee directed to reconsider commission complaint / section 209(1)(a) / Committee’s decision otherwise confirmed / section 211(1)(a) 
  22. LCRO 124/2017 RG v XP (4 December 2018) [PDF, 250 KB]

    Review / Committee found unsatisfactory conduct / relationship property dispute / interim injunction to freeze property / memorandum filed by applicant contained errors / complaint applicant misled court / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 13 / rule 13.1 / HELD / no evidence that court was misled  / errors were minor / conduct does not warrant further action / Committee’s decision reversed / section 211(1)(a)
  24. LCRO 52/2017 BL v JC (30 November 2018) [PDF, 332 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / complaint lawyer failed to advise about electricity easements / did not supply terms of engagement / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 1.2 / rule 3 / rule 7 / rule 7.1 / rule 9 / rule 9.1 / whether lawyer billed applicant twice for same work / whether invoices should be treated separately / HELD / lawyer failed to advise clients about easements / invoices should be considered together / fees not fair and reasonable / breach of rule 3 / breach of rule 7.1 / unsatisfactory conduct / Committee’s decision reversed / section 211(1)(a)