New Zealand Law Society - Committee finds unsatisfactory conduct over client care failures
A Standards Committee (Committee) found that a lawyer, Ms W, engaged in unsatisfactory conduct after taking instructions from an unwell client without providing a letter of engagement or taking steps to ensure the client understood the retainer. Ms W breached rules 3, 3.4 and 7.1 of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (RCCC). The Committee ordered that Ms W be reprimanded and pay a fine of $3,000. She was also ordered to cancel her invoice to the client and pay costs of $1,000.
Ms W met with a client, Ms K, while Ms K was unwell and receiving care at a facility under the Mental Health Act 1992. After the meeting, Ms W issued Ms K with an invoice. Ms K phoned Ms W but could not connect with her directly. She spoke to a member of the firm and explained that she had been unwell during the meeting. Ms W issued the invoice again with a demand for payment. Ms K complained to the New Zealand Law Society Te Kāhui Ture o Aotearoa. Ms W wrote to the Committee and said she would waive the invoice if Ms K withdrew her complaint. Ms K declined. The Committee had to determine whether Ms W had breached her obligations under the RCCC.
Rules 3 and 3.4 of the RCCC state that in providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. In addition, before providing legal services, a lawyer must give the client written information on the principal aspects of client service.
When reviewing the file, the Committee noted there had been only one meeting with Ms K. The file did not contain any correspondence about the matter, a new client information sheet had not been completed, and no letter of engagement had been sent. Consequently, the file contained no evidence that the rule 3.4 obligations had been fulfilled. The Committee found that Ms W did not take reasonable client care in this matter and she had breached rules 3 and 3.4 of the RCCC.
Rule 7.1 of the RCCC provides that a lawyer must take reasonable steps to ensure that a client understands the nature of the retainer and must keep the client informed about the progress on the retainer. A lawyer must also consult the client about the steps taken to implement the client’s instructions.
The Committee found that Ms W had breached rule 7.1 of the RCCC. Ms W did not check with the relevant medical authorities at the time of visiting Ms K to establish if Ms K was well enough to speak to her. The Committee noted that a doctor had tried to contact Ms W [to discuss Ms K’s health] but she did not respond.
The Committee determined that Ms W’s breaches of rules 3, 3.4 and 7.1 of the RCCC amounted to unsatisfactory conduct. The Committee ordered Ms W to be reprimanded, cancel the invoice issued to Ms K, pay a fine of $3,000 and costs of $1,000.