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1328 items matching your search terms

  1. LCRO 8/2020 PA v ZN (21 December 2022) [PDF, 306 KB]

    Review / Committee found unsatisfactory conduct / litigation matter / lawyer had sworn two affidavits in proceedings which were inaccurate / lawyer agreed relevant pages of affidavit was inaccurate / lawyer denied acting for complainant in any professional capacity in the 2016 affidavit / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 2 / r 13.1 / HELD / not every breach of conduct rule will result in a finding of unsatisfactory conduct / lawyers are obligated to uphold the rule of law in whatever capacity they are conducting themselves / lawyer had to make sure to the best of his ability that evidence he submitted was truthful and accurate / conduct not a minor or technical breach of rules / breach of r 2 confirmed for 2016 affidavit / breach of 2017 affidavit reversed / lawyer ordered to pay costs / Committee’s finding modified / section 211(1)(a)
  2. LCRO 59/2021 RY v QX (21 December 2022) [PDF, 255 KB]

    Complaint / Committee declined to take further action / trust matter / lawyer acted for two trustees in the removal of complainant as a trustee / complainant claims he was wrongly removed / lawyer incorrectly certified he had authority to act for trustees as transferor / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 2.5 / r 2.6 / HELD / lawyer did not owe complainant professional duties as he was not a client / LCRO does not have jurisdiction to determine matters involving exercising power or discretion vested in a trustee / determination for lawyer’s certification for e-dealing purposes to transfer the trust’s properties is reserved to the court / decision modified to provide that there is an adequate remedy available to complainant / Committee’s decision confirmed / section 211(1)(a)  
  3. LCRO 176/2021 BR v UE and VJ (7 December 2022) [PDF, 223 KB]

    Review / Committee found unsatisfactory conduct / litigation matter / complaint lawyer accused opposing lawyer and her client of lying and misrepresenting / lawyer called opposing lawyer incompetent / tone of lawyer’s communication was disrespectful / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 10.1 / HELD / lawyer’s conduct breached r 10.1 / conduct not a threat to the public / lawyer apologised for his conduct / neither High Court or the Court of Appeal found it necessary to make any comment on this conduct / lawyer ordered to pay costs / Committee’s finding of unsatisfactory conduct reversed / section 211(1)(a)  
  4. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [PDF, 595 KB]

    Review / Committee found unsatisfactory conduct / commercial property matter / lawyers made a number of strategic errors that was costly for the complainant / complainant was poorly advised / lawyers’ failed to identify appropriate legal remedies / lawyers paid little attention to the possible consequences when providing advice / excessive fees / lawyers continued illegality argument instead of focusing on alternative remedies / Lawyers and Conveyancers Act 2006, section 12(c) / section 152(2)(b) / section 156(1)(f) / section 156(1)(i) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / rule 9.1(c) / HELD / more comprehensive assessment of risk factors was required / indication of litigation risk should to be thoroughly explained / lawyer’s failed to be sufficiently responsive to changing circumstances / lawyer’s failed to ensure complainant was adequately informed as to her costs exposure / significant sum of costs to incur in defending proceedings…
  5. LCRO 119/2022 FT v GS (31 October 2022) [PDF, 183 KB]

    Complaint / Committee declined to take further action / litigation matter / legal aid / application to amend grant of legal aid misrepresented client instructions / lawyer compromised case by giving inaccurate account of grounds of defence / incompetently managed evidence of witnesses instructed / HELD / application to amend the legal aid grant did not adversely affected client’s ability to secure a grant nor compromise defence / experts called to give evidence were supportive of complainant’s position in litigation / no evidence to support contention that complainant suffered adverse outcome as a consequence of comments made by lawyer / inquiries made of witnesses did not indicate lack of competence or diligence / Committee’s decision confirmed / section 211(1)(a)
  7. LCRO 75/2022 BG v HC (25 October 2022) [PDF, 212 KB]

    Complaint / Committee found unsatisfactory conduct / employment dispute matter / lawyer called complainant delusional and difficult / fee charged was excessive / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / HELD / lawyer breached his obligation to act courteously and respectfully / clear explanation of charge out rate given / no contention to support lawyer lost faith in his client’s claim /no other professional obligations or duties breached / lawyer ordered to pay costs to NZLS / Committee’s decision confirmed / section 211(1)(a)
  8. LCRO 18/2021 MB v RP and ND (14 October 2022) [PDF, 265 KB]

    Complaint / Committee declined to take further action / trust matter / conflict of interest / claim that lawyers who are trustees acted for other trustees as a lawyer / did lawyers breach professional standards by advising to sell trust property / Lawyers and Conveyancers Act 2006 section 3(1) / s 4(d) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / HELD / lawyers’ role confined to act as trustee of estate / no lawyer-client relationship with estate / decision to sell property reached by lawyers in their capacity as trustees not lawyers / Committee’s decision confirmed but modified / section 211(1)(a)
  9. LCRO 119/2021 FE v AD of [Firm 1] (14 October 2022) [PDF, 267 KB]

    Review / Committee declined to take further action / company matter / lawyer acting for more than one client on a matter / more than a negligible / lawyer continuing to represent company after assuring he would not / conflict of duties / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / r 8.7 / r 8.7.1 / HELD / lawyer breached r 6.1 / more than negligible risk to be unable to discharge obligations owed to one or more clients / not established that lawyer held information confidential to former client / lawyer did not engage with client in a disrespectful manner / Committee’s finding of no breach reversed / unsatisfactory conduct established / lawyer directed to pay fine and costs / other respects of Committee’s decision confirmed /section 215
  10. LCRO 81/2021 PD v BN (31 August 2022) [PDF, 104 KB]

    Complaint / Committee declined to take further action / property matter / lawyer sent a letter of engagement via post to complainant / complainant alleges she didn’t receive the letter of engagement / complaint about the amount of fees / time records provided by lawyer missing information / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.4 / HELD / not every breach of the rules necessarily results in an adverse finding against a lawyer / LCRO invites lawyer to consider voluntary reduction of fee as a gesture of goodwill / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [PDF, 277 KB]

    Review / Committee found unsatisfactory conduct / appointment of trustees / complaint that lawyer did not amend will according to complainant’s instructions / lawyer ought to have recommended an assessment of complainant’s capacity by a medical professional / file notes inadequate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / Sandman v McKay [2019] NZSC 41 / HELD / complaints about lawyer not carrying out instructions are not supported on the balance of probabilities / lawyer was satisfied that complainant had sufficient capacity to understand and sign document after meeting him / penalties imposed fall away / Committee’s decision is reversed / section 211(1)(a)
  12. LCRO 188/2021 MC v JK and UV (19 August 2022) [PDF, 355 KB]

    Review / Committee declined to take further action / relationship property proceedings / complaint lawyer took steps to recover outstanding fees by complainant / lawyer failed to follow instructions to challenge property valuation / lawyer inadequately represented complainant / no terms of engagement given to complainant / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / HELD / section 209 / Committee directed to reconsider interim distribution issue / Committee to reconsider whether fee charged was fair and reasonable / lawyer guilty of unsatisfactory conduct for failing to provide complainant information on the principal aspects of client service / other Committee findings confirmed / section 211(1)(a)
  13. LCRO 121/2021 RF v DE Law on behalf of ABC Services Limited (17 August 2022) [PDF, 211 KB]

    Complaint / Committee made findings of unsatisfactory conduct / complaint lawyer failed to recognise conflict of interest / complainant not liable for lawyer’s fees / fee invoices are not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.1 / rule 9 / HELD / matters of contractual liability are for the Courts to decide / lawyer should pursue payment of the invoices through the Court / lawyer should not have accepted instructions to act for both creditors in the same matter / lawyer ordered to pay costs to NZLS / Committee’s decision confirmed / section 211(1)(a)
  14. LCRO 140/2021 TQ v RI (8 August 2022) [PDF, 185 KB]

    Complaint / Committee declined to take further action / litigation matter / complaint lawyer was negligent and incompetent in litigation / fees complaint / Committee determined no special circumstances to deal with the fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act, section 138(1)(f) / HELD / arguments put forward by complainant are founded on allegations that have not been argued and decided / claim before the court represents the best opportunity for complainant to pursue his defence and seek recompense / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 120/2021 SB v KR (3 August 2022) [PDF, 174 KB]

    Complaint / Committee declined to take further action / estate matter / complaint lawyer did not provide letter of engagement, provided poor service / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / Wilson v LCRO [2016] NZHC 2288 / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / no breach of conduct rules regarding service or fee complaint / disciplinary response not required for not providing letter of engagement / no mischief occurred in terms of McGuire judgment / Committee’s decision confirmed / section 211(1)(a) 
  16. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [PDF, 272 KB]

    Review / cross-applications / litigation / complainant applied to review Committee’s determination to take no further action on other aspects of complaint / complaint lawyer applied to review unsatisfactory conduct determination / complainant alleged lawyer’s conduct during hearing led to disadvantaged outcome for his company / lawyer’s cross-examining conduct was unprofessional and discourteous / Lawyers and Conveyancers Act 2006, section 138(1)(f) / section 138(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 13.2.1 / rule 13.8 / HELD / Committee wrongly commented on reliability and credibility of viva voce evidence in another jurisdiction / Committee wrongly inquired into complaint about lawyer’s cross-examination conduct / finding of unsatisfactory conduct reversed / decision to take no further action on complaints about lawyer’s conduct towards other parties confirmed / section 211(1)(a)  
  18. LCRO 183/2021 WB v XD (22 July 2022) [PDF, 202 KB]

    Complaint / Committee declined to take further action / litigation / strategy recommended by lawyer failed to sufficiently consider the instructions of the complainant/ lawyer failed to respond to communications forwarded / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / HELD / complaint that lawyer failed to provide competent advice is not established / impossible to determine what shape the lawyer’s final submissions may have taken / lawyer’s failure to communicate with client is not sufficiently extensive to merit the imposition of a disciplinary sanction / Committee’s decision confirmed / section 211(1)(a)  
  19. LCRO 76/2021 PJ v RK (19 July 2022) [PDF, 208 KB]

    Review / Committee declined to take further action / trust administration matter / incompetence in administrating the trust / failed to respond in a timely manner / breached fiduciary duty and charged unreasonable fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12 / section 209 / HELD / complainant’s allegations of incompetence returned to the Committee for reconsideration / Committee to reconsider complaint about fees / Committee’s decision to take no further action about emails responses and invoices confirmed / section 211(1)(a)
  20. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [PDF, 218 KB]

    Complaint / Committee found unsatisfactory conduct / complaint lawyer missed hearing / lawyer’s request to have application recalled was dismissed / judge considered lawyer’s indication of intention to file complaint to Judicial Conduct Commission grossly discourteous / judge filed complaint with NZLS / lawyer alleged Committee misstated the situation and Committee lacked evidence to support finding / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10 / rule 12 / rule 13.2 / rule 13.2.1 / HELD / lawyer’s threat to make complaint was unprofessional and discourteous / breach of lawyer’s overriding duties as an officer of the court / Committees decision confirmed / section 211(1)(a)
  22. LCRO 62/2021 NR v JM (16 June 2022) [PDF, 198 KB]

    Complaint / Committee found unsatisfactory conduct / review of penalty decision / failure to keep will safe / complainant could not access late husband’s KiwiSaver / complainant was obliged to apply for probate for a copy of the will / delay in being able to meet ongoing costs caused loss of dignity and distress / Lawyers and Conveyancers Act 2006, section 152(2)(b)(i) / section 156(1)(b) / McGuire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / lawyer censured / compensation of $10,000 to the complainant / Committee imposed $2,000 fine / costs of $1,500 to the Law Society / LCRO ordered lawyer to pay sum of $450 by way of costs of the review / Committee’s decision confirmed / section 211(1)(a)
  23. LCRO 1/2021 NB v GP (31 May 2022) [PDF, 224 KB]

    Review / Committee declined to take further action / litigation / complaint lawyer represented complainant in dispute against ACC and failed to correctly calculate the time frame for filing the complainant’s application for leave to appeal / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / Lawyers and Conveyancers Act 2006, section 12(c) / HELD / a lawyer’s failure to identify the correct time frame for filing an appeal represents a significant failing / serious breach of a lawyer’s obligation to act competently / emphasis on the importance for lawyers of ensuring compliance with statutory timeframes when representing clients in litigation is necessary / lawyer ordered to pay costs in the sum of $1,200 to the Law Society / Committee’s order reversed / section 211(1)(a)
  24. LCRO 158/2020 SA v KC (27 May 2022) [PDF, 199 KB]

    Complaint / Committee declined to take further action / family trust / complainant and his siblings were involved in a dispute regarding the family trust / lawyer had a meeting with complainant’s father to discuss the existing family dispute / lawyer provided a report to the family on a way forward for the family / it was agreed by the parties involved that the lawyer’s invoice will be paid out of the estate / complainant argued that the report was biased and the fees should not be charged from the estate / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / HELD / parties were free to accept or reject the proposals made in the report / parties agreed to pay the invoice as part of the Deed / Committee’s decision confirmed / section 211(1)(a)
  25. LCRO 157/2020 SA v RB (27 May 2022) [PDF, 146 KB]

    Complaint / Committee declined to take further action / family trust / complaint lawyer had met with the complainant’s siblings to discuss property matters / complainant’s brother paid the lawyer’s invoice / lawyer addressed his invoice to the complainant without his knowledge / LCRO 31/2009 (30 April 2009) / HELD / not a matter that should attract a disciplinary response as no harm was done / liability for payment was addressed by the Deed in which the parties agreed the complainant’s brother should be reimbursed / Committee’s decision confirmed / section 211(1)(a)