Complaints Against Lawyers

The Lawyers Complaints Service has been operating for only 6 years. And in that time it has received over 12,000 complaints about lawyers.

That`s bad news isn`t it? Especially when there are now 12,000 lawyers in NZ in total. (there were only 3,000 NZ lawyers when I became one in 1972).

But hold on. What`s this? According to the NZLS report received on 25 November 2014, the Lawyers Complaints Service take no further action in over 87% of the complaints they investigate; because either its obvious from the start (or after a thorough investigation taking months) there is nothing of substance in the complaint.

But isn`t even 13% of 12,000 complaints over 6 years (about 5 per week spread around the 24 Lawyers Standards Committees operating throughout NZ made up of appointed lawyers & lay people) too many?

Perhaps – although less than 1 complaint a week has gone as far as the Lawyers Disciplinary Tribunal.

What is really interesting from the latest report is that now 47% of complaints against lawyers are made by non clients. And that percentage is growing.

So we have a system where if your lawyer does a great job for you, one or more of the people on the other side can lodge a complaint against your lawyer.

That could result in younger, less experienced lawyers, having some apprehension about doing their very best for their client – fearing that someone on the other side will go to the Lawyers Complaints Service. That’s the really bad news. Lawyers shouldn’t be constrained by this issue hanging over them. They need to be confident that they can represent their clients with passion and determination – accepting of course that they have obligations to act fairly and lawfully.

David wants to assure his clients that he will continue to “go in to bat” for them – focused on their interests – as he has now for over 40 years.

New Tax Compliance measures impact on the Transfer of Property (Conveyancing) process

October 2015

The Government has made changes to improve Tax Compliance in the property sector. These will have a significant impact where we are transferring property for our clients. We are now required to provide tax information by way of a “Tax Statement” to Land information NZ (LINZ) who will then provide this to IRD. A transfer of land will not be able to be actioned unless the required information is provided.

We will therefore now need a lot more detail from our clients than we are presently obtaining.

Property Transaction Guidelines

April 2015

David has been instrumental in the revision of the Guidelines adopted by the Property Law Section of NZLS and ADLS Inc for incorporation in the latest edition of its widely used agreement for sale and purchase of real estate.

The Guidelines assist the day to day smooth running of transactions involving the sale and purchase of properties, the registration of mortgages and their subsequent discharge and relationship property protocols.

Many of the Guidelines are of a technical nature. However there is much in them that help all law firm clients - including Northlaw’s - understand the matters considered when we act in respect of property transactions.

Here is a link to the 80 page edition of the Guidelines (updated and operating from 13 April 2015):

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Complaints Against Lawyers