Failing to forward a former client’s files to their new lawyer – no conduct finding but award of costs against the lawyer

Auckland Standards Committee 4 (the Committee) found a lawyer (Mr C), who is a director of an incorporated law firm (Mr C’s firm), failed to comply with rule 4.4.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) on uplifting client documents when he refused…

Sending emails inappropriately criticising another lawyer is unsatisfactory conduct

The National Standards Committee 1 (the Committee) found a lawyer (Mr M) guilty of unsatisfactory conduct for sending emails to multiple parties in which he inappropriately expressed his views about another lawyer’s (Mr C) lack of competence and instances of bias in providing legal services. Mr M is a sole…

Lawyer breached client confidentiality rule by attaching client emails to an application to withdraw

A Standards Committee (Committee) determined that a lawyer had breached rule 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (rules) by disclosing to a third-party her client’s confidential information, and that this amounted to unsatisfactory conduct. The Committee ordered the lawyer to pay a…

Lawyers should maintain appropriate professional boundaries with colleagues at all times

A Standards Committee (Committee) determined that a senior lawyer’s inappropriate comments made to a junior member of staff about her physical appearance during a telephone conversation breached rule 10 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (rules) and that this amounted to unsatisfactory conduct.…

Standards Committee reminds profession to be cautious when considering employing suspended practitioners and entering commission-based arrangements with non-lawyers

A Standards Committee (Committee) has considered a complaint about a law firm which employed a suspended lawyer on a contractor basis to provide non-legal services.

Lawyer purports to contest will without having proper instructions – unsatisfactory conduct

A lawyer purported to act for siblings to contest a will based only on instructions from a parent of the siblings. One of the siblings complained about the lawyer’s conduct and a Standards Committee (Committee) found the conduct to be unsatisfactory in multiple respects. The Committee fined the lawyer $5,000…

Lawyers must keep accurate time records and communicate with clients prior to undertaking work when changes to fees are expected

A Standards Committee (Committee) has determined a lawyer’s practices and fees rendered in respect of a “straightforward” and “conventional” property relationship matter breached rr 9.1, 3.4, 7.2 and 10.9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules).