Ministry of Justice

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)

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)

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)

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)

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)

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) 

Complaint / Committee declined to take further action on complaint / property purchase / transfer needed consent from Maori Land Court / complaint lawyer had not mentioned that consent was required / failed to respond to enquiries / conduct prior to 1 August 2008 / HELD / conduct occurred prior to 1 August 2008 / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / property purchase / due diligence / complaint lawyer did not complete GST section of agreement for sale and purchase / HELD / lawyer not acting for applicant / no duties owed to applicant / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / estate dispute / both applicant and respondent lawyers / complaint respondent did not act competently / did not inform client of legal aid availability / did not obtain client’s instructions / attacked reputation / lacked respect and courtesy / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.3 / rule 2.7 / rule 9.2 / rule 10 / HELD / client has not complained about lawyer’s conduct / lawyer was acting on  client’s instructions / no evidence to support complaints / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / separation agreement / applicant became liable for a tax bill / complaint lawyer provided incorrect advice / Limitation Act 1950 / HELD / lawyer raised Limitation Act issues with the client / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / care of children / relocation of child / psychologist’s report / termination of retainer / complaint lawyers gave poor advice / did not advise on prospect of success / failed to supervise junior lawyer / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4 / rule 4.1 / rule 11.3 / D v S [2002] NZFLR 116 (FC) / duty to accept instructions / HELD / lawyers acting on instructions / lawyers obliged to inform court that retainer had been terminated / supervision of employees adequate / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaint / criminal charges / transfer of legal aid / lawyer needed authority from client needed to uplift files / complaint lawyer terminated retainer without good cause / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.1 / HELD / complaints process used inappropriately / lawyer terminated retainer for good cause / Committee’s decision confirmed / section 211(1)(a)

Review / Committee found unsatisfactory conduct / preparation of loan and security documents / failure to advise whether loans were commercial or consumer loans / failed to supervise legal executive / legal executive witnessed signatures on unprepared forms / Credit Contracts and Consumer Finance Act 2003 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 3 / rule 3.1 / rule 7.1 / rule 11.3 / Gilbert v Shanahan [1998] 3 NZLR 528 (CA) / conduct prior to 1 August 2008 / HELD / lawyers had a responsibility to explain the differences between consumer and commercial loans to respondent / legal executive sought advice from the lawyers / conduct finding against legal executive reversed / lawyers failed to supervise legal executive properly / Committee’s decision modified / section 211(1)(a)