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Complaint / Committee declined to take further action on complaint / dispute between directors / complaint lawyer threatened applicants / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / whether threat made for an improper purpose / HELD / lawyer’s comments reasonable and not threats / no improper purpose / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / immigration advice / complaint lawyer’s advice inadequate / HELD / lawyer provided competent advice / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / property purchase / complaint lawyer declared agreement unconditional without instructions / whether lawyer advised client about agreement / HELD / lawyer acted on client’s instructions / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)
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)
Review / Committee found unsatisfactory conduct / preparation of wills / instructions withdrawn / complaint lawyer acted without instructions / did not act in a timely manner / did not provide documents upon request / fee complaint / Lawyers and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)
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)
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)
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)
Complaint / Committee declined to take further action on complaint / residence visa application / partner of client passed away / applicant not client of respondent / complaint that respondent is responsible for death / HELD / no link between visa application and death / no professional standards issues arise / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 18 March 2019
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)
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)
Complaint / Committee declined to take further action on complaint / relationship property dispute / settlement offer / complaint lawyer used legal processes for improper purposes / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / HELD / lawyer did not attempt to use legal process for improper purpose / Committee’s decision confirmed / section 211(1)(a)
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)
Complaint / Committee declined to take further action on complaint / charging order placed on applicant’s property / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.1 / fee below $2000 / HELD / no conduct issues arise / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
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)
Complaint / Committee declined to take further action on complaint / lawyer acted in employment dispute and criminal charges / 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 / estimate did not cover subsequent fees / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / accountancy firm / complaint lawyer was a principal of the firm / was not independent of the firm / Lawyers and Conveyancers Act 2006, section 7(3) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.5 / rule 5.9 / conflict of interests / whether lawyer sharing income with accountancy firm / HELD / insufficient evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaints / lawyer passed away / HELD / Office cannot comply with natural justice / applicant has remedies available elsewhere / further action not appropriate / section 138(1)(f) / section 211(1)(b)
Complaint / Committee declined to take further action on complaint / property dispute / complaint lawyer obtained consent by deceit / used legal process for improper purpose / Lawyers and Conveyancers Act 2006, section 6 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 11 / rule 11.1 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / EA v ABO LCRO 237/2010 (29 September 2011) / AB v AC LCRO 1/2017 (26 January 2018) / RK v LP LCRO 292/2011 (1 October 2012) / BU v DG LCRO 276/2011 (17 September 2013) / whether lawyer acting in personal capacity / HELD / lawyer acting in professional capacity / no conduct issues arise / Committee’s decision confirmed / section 211(1)(a)
Review / Committee found unsatisfactory conduct / contractual dispute / allegation of fraud / complaint applicant made a threat for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.7 / rule 2.10 / rule 13.8.1 / SC v JT LCRO 382/2013 (30 June 2017) / threat to use complaints process for improper purpose / HELD / applicant threatened to use complaints process to gain advantage in litigation / breach of rule 2.10 / Committee’s decision confirmed / section 211(1)(a)
Date of decision: 21 February 2019
Complaint / Committee declined to take further action on complaint / updating of relationship property agreement / complaint lawyer did not properly advise client / did not act competently or with care / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / applicant properly advised by lawyer / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / sale of property / relationship property dispute / complaint lawyer had a conflict of interest / lacked respect and courtesy / was not competently supervised and managed / Property (Relationships) Act 1976, section 21F / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 8.7.1 / Sandy v Kahn LCRO 181/2009 (25 December 2009) / AD v ZX LCRO 87/2010 (14 December 2010) / Black v Taylor [1993] 3 NZLR 403 (CA) / GBR Investment Ltd v Keung HC Christchurch CIV-2009-409-1486, 19 March 2010 / duty of confidence / HELD / insufficient information provided to Committee / not possible to determine issues / Committee directed to reconsider complaint / section 209 / Committee’s decision reversed / section 211(1)(a)
Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer did not properly advise client / did not act competently or with care / did not develop a case strategy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / HELD / lawyer acted in timely manner / no evidence to support allegations / Committee’s decision confirmed / section 211(1)(a)