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1326 items matching your search terms

  1. LCRO 250+251/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
  2. LCRO 251+250/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [PDF, 281 KB]

    Review / Committee found unsatisfactory conduct / lawyers were trustees of a family trust / fees not fair and reasonable / invoices not rendered in a reasonable time / lawyer had not issued a letter of engagement / failed to advise executors of their power to appoint trustees / did not allow uplifting of files / used legal processes for improper purposes / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 3 / rule 3.2 / rule 5 / rule 5.1 / rule 5.2 / rule 5.4 / rule 6 / rule 9 / rule 9.6 / instructing solicitor ordered to pay barrister / HELD / documents held for legitimate purpose / no obligation to forward documents / reduction of fees modified / breaches of rules 9 and 9.6  confirmed / other rule breaches reversed / Committee’s decision otherwise confirmed / section 211(1)(a). See also decision addendum/correction dated 12 November 2018.
  3. LCRO 283/2014 AD v FR and OR (31 August 2018) [PDF, 219 KB]

    Review / Committee found unsatisfactory conduct / dispute with real estate agents / lawyer threatened to make complaint about agents / threatening to use legal processes for improper purpose / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 2.10 / SC v JT LCRO 382/2013 (30 June 2017) / whether demand for compensation improper / HELD / purpose of disciplinary regimes consumer protection / use of threat of disciplinary action improper / fine excessive and reduced on review / Committee’s decision otherwise confirmed / section 211(1)(a)
  4. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [PDF, 214 KB]

    Complaint / Committee declined to take further action on complaint / estate dispute / lawyers were executors and trustees of estate / complaint about sale of property to beneficiary of estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / rule 7.1 / Hansen v Young [2004] 1 NZLR 37 (CA) / Morpeth v Ramsey LCRO 110/2009 (12 November 2009) / whether lawyers providing regulated services / HELD / partners in firm cannot be subject of complaint if they have not been involved / actions taken as trustee not reviewable by Office / Committee’s decision confirmed / section 211(1)(a)
  5. LCRO 144/2016 QT v UF (24 August 2018) [PDF, 245 KB]

    Review / Committee found unsatisfactory conduct / conflict of interests / failure to provide competent advice / lawyer acted as lender and borrower in a loan agreement / review of penalty decision / Saxmere Co Ltd v New Zealand Wool Board Disestablishment Co Ltd [2009] NZSC 35, [2010] 1 NZLR 35 / AF v X LCRO 84/2014 (8 October 2014) / bias of Committee member / previous disciplinary history / HELD / no evidence of bias in Committee’s decision / no disciplinary history at the time conduct occurred / fine reduced / Committee’s decision modified / section 211(1)(a)
  7. LCRO 71/2016 ZB v YA (23 August 2018) [PDF, 230 KB]

    Complaint / Committee declined to take further action on complaint / lawyer was director of a company which rented property from complainant / complaint lawyer mislead complainant / Committee held it lacked jurisdiction as it was a dispute between landlord and tenant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / respect and courtesy / HELD / lawyer not acting in a professional capacity / no evidence of misconduct or unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 7/2016 Mr and Mrs YJ v XW (22 August 2018) [PDF, 166 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / lawyer acted for vendor and purchaser / complaint lawyer failed to explain fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / provision of information to client / conduct rules not to be enforced in an overly technical manner / HELD / fees fair and reasonable / breach of rule 3.4 excusable rather than unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
  10. LCRO 124/2016 LE v AP and MC (20 August 2018) [PDF, 191 KB]

    Complaint / Committee declined to take further action on complaints / fees complaint / complaint lawyers misfiled appeal / failed to keep client informed / Lawyers and Conveyancers Act 2006, section 161 / section 210 / recovery of fees by lawyer / HELD / no evidence that lawyers had failed to communicate / no issues raised by lawyer filing appeal early / fee complaint has previously been considered by another Committee / lawyers able to seek recovery of fees / costs ordered against applicant / Committee’s decision confirmed / section 211(1)(a)
  12. LCRO 254/2015 CW v QA (13 August 2018) [PDF, 108 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / fee complaint / client entered arrangement to pay fees over time / client stopped paying fees / lawyer ceased acting until fees paid / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.10 / whether there was a conditional fee agreement / HELD / bankruptcy matter of public knowledge / lawyer should have informed client of consequences of bankruptcy / no requirement for lawyer to waive fees / no conditional fee agreement / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 22/2018 AE v BD (7 August 2018) [PDF, 114 KB]

    Complaint / Committee declined to take further action on complaints / rent renewal dispute / complaint lawyer failed to forward email to client / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / duty to disclose relevant information to client / conduct rules should not be enforced in an unduly technical manner  / HELD / breach of rule 7 / failure to pass along email minor error / exercise of discretion / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  18. LCRO 215/2016 KP v VN (31 July 2018) [PDF, 182 KB]

    Complaint / Committee declined to take further action on complaint / complaint lawyer had previously acted for complainant / conflict of interest / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 8 / rule 8.7.1 / Prince Jefri Bolkiah v KPMG (a firm) [1992] 2 AC 222 (HL) / whether lawyer in possession of confidential  or relevant information / HELD / complainant had never been client of lawyer / no obligations of confidence / Committee’s decision confirmed / section 211(1)(a)
  20. LCRO 121/2017 PT v BD (25 July 2018) [PDF, 266 KB]

    Complaint / Committee declined to take further action on complaints / complaint lawyer withdrew as counsel before trial / whether complainant owed fees / terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 11.3 / non-payment of fees / supervision of employees / HELD / withdrawal of lawyer does not raise any conduct issues / retainer was with firm / firm continued to act / lawyer continued to supervise firm’s employees / Committee’s decision confirmed / section 211(1)(a)
  21. LCRO 225/2015 MM v QK (24 July 2018) [PDF, 194 KB]

    Complaint / Committee declines to take further action on complaint / complaint lawyer sent a threatening letter / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / use of legal processes for improper purpose / lawyer objected to comments made by the Committee / HELD / letter sent for proper purpose / letter did not contain threat / Committee’s comments modified / Committee’s decision otherwise confirmed / section 211(1)(a)
  23. LCRO 226/2017 OM and RA v BL and DG (20 July 2018) [PDF, 97 KB]

    Complaint / Committee declined to take further action on complaints / property purchase dispute / complaint lawyers negligent / failure to advance Property Law Act 2007 claims / fee complaints / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / more than two years since invoices rendered / whether lawyer should have included document in affidavit / HELD / no evidence to support complaint / Committee’s decision confirmed / section 211(1)(a)
  24. LCRO 186/2016 KS v WX (20 July 2018) [PDF, 188 KB]

    Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to repay client funds held in trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.6 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / Abbot v Macclesfield LCRO 40/2009 (29 May 2009) / open and transparent billing / reasonable time to render final account / HELD / final accounts not rendered within a reasonable time / fees not fair and reasonable / Committee’s decision modified / section 211(1)(a)
  25. LCRO 54/2018 KJ v VW (6 July 2018) [PDF, 180 KB]

    Complaint / Committee declined to take further action on complaints / conflict of interests / purchase of property / overpayment of deposit / lawyer acting for vendors / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / RQ and RR v MZ LCRO 127/2011 (2 October 2012) / CW v XB LCRO 213/2010 (15 June 2011) / whether lawyer should have noticed overpayment / third party duties / HELD / purchasers had their own representation / failure to notice overpayment an honest mistake / Committee’s decision confirmed / section 211(1)(a)