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Tag: LawTalk 916

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Some issues with restraint of trade or non-compete disputes

Some issues with restraint of trade or non-compete disputes

This article focuses on the need for economic and efficient resolution of disputes where a restraint of trade has been included in a transaction and is being breached. Since this article was published the United Kingdom Supreme Court has delivered its decision on the appeal in Morris-Garner v One Step…

Censure and fine for serious contraventions

John Revans Eichelbaum has been censured and fined $10,000 for unsatisfactory conduct that a lawyers standards committee has described as “serious”. One of the breaches – threatening, bullying, insulting and intimidating a person he pursued court action against – was sufficiently serious that the committee considered whether the matter should be…

Lawyer conflicted when providing advice

[Names used in this article are fictitious] A lawyer in a firm that was acting for an estate should not have provided advice on possible claims against that estate, a lawyers standards committee has said. This was a breach of rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client…

Unintentional breach of undertaking

[Names used in this article are ficticious] A lawyer who unintentionally breached an undertaking has been fined $4,000 by a lawyers standards committee. The lawyer, Bunsby, applied to the Legal Complaints Review Office (LCRO) for a review of the decision. Bunsby claimed the decision was incorrect because he had made a genuine mistake…

Failure caused loss for client

[Names used in this article are fictitious] A lawyer’s failure to comply with the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 caused direct loss to a client, a lawyers standards committee has found. The committee ordered the lawyer to pay the client $8,500 compensation and $3,000 towards the client’s legal costs. The…

Elder law, for lawyers less concerned by the tick of the clock

One of the perks of practising elder law can be found in the little traditions such as a plate of home baking offered at a meeting. That’s right, scones and slices are not myths nor folklore and can often moderate the tone of a serious conversation. After all, elder law is about…

Censured for failing to comply with standards committee direction

[Names used in this article are fictitious] A barrister has been censured and fined $1,000 for failing to provide documents to a lawyers standards committee. The committee was considering a complaint about the barrister, Carstone, from a former client. The committee emailed Carstone on 18 May 2017 requiring production of various documents by…

Andrew Little, Minister of Justice

Andrew Little was appointed Minister of Justice in the new Government at the end of 2017. He grew up in New Plymouth before heading to Victoria University of Wellington to study law. A diversion into student politics saw him become President of the Victoria University Students’ Association and of the…

Focus on... Lawyering in suburban Christchurch

Christchurch’s legal profession is heavily based in the suburbs. Given the city’s recent history this makes perfect sense. The city has 1240 lawyers and, before 2011, most of them were based in the CBD, particularly along and around Durham Street. With more than a thousand buildings within the four avenues demolished following…

Lawyer's disrespect towards another practitioner

John Revans Eichelbaum has been censured and fined $10,000 for failing to treat another lawyer with courtesy and respect. In finding unsatisfactory conduct on Mr Eichelbaum’s part, the lawyers standards committee said that it considered his conduct “was of a serious nature”. “The committee further considers his conduct to be at the…
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