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CRIMINAL LAW

Lawyers – Complaints Against

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Related Topics	Barristers - Courts - Structure And Set Up - Damages - Legal Aid - Negligence - Statement of Claim - Statement of Defence - Wills - Dying without a Will -

Lawyers do not sit on pedestals. In this topic we provide you with the following . . . .

1. Tips on what you can do

2. How to make Law Society complaints

3. Trial incompetence

4. How to sue a lawyer

5. Draft Statement of Claim and other documents

6. Two relevant Court of Appeal Decisions

Lawyers do not remain bullet proof living in ivory towers.

Lawyers are subject to the same tests of negligence and carelessness that would be applied to a plumber or an electrician.

If a plumber or an electrician carries out substandard work then you are likely to be excused from paying the bill and you would be successful in suing for damages and the cost of putting the faulty workmanship right.

The same principle applies to a lawyer.

In fact, the same legal test applies.

If you had to sue a lawyer then the Court would determine whether the standard of the-

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"can i make a complaint if a barrister acting for an applicant for child custody completely and utterly overrides and ignores sworn affidavits by the respondent bulldozes her ignorance through the family court and is so negilent she gets away with it we are at a loss how this can happen how can we have our allegations investigated??"
"Hi Netlaw, I am not sure if this is the right place to ask the following but here goes: My brother is looking for the best possible family court/criminal lawyer/solicitor that legal aid can buy. He’s looking for a lawyer who will go ‘all out’ for him, advocate strongly on his (and his children’s)behalf and provide desperately needed advice/counsel. This lawyer must also be willing, eager and able to take up a challenge and defend my brother against a breach of a protection order. A big ask we know (especially since legal aid is mentioned), but we are hoping that some of you gentlemen may know of such lawyers? Or someone who knows someone who might? Is there a contact list, website etc of such lawyers/solicitors that you could direct us to please? We live in Wellington but will canvass New Zealand to find such a person. We are is running out of time, hence this urgent plea to you all. We would be truly grateful if you can find the time to reply or point us in the right direction. Many thanks in advance "
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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid. Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."
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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: Barristers
"Can the Family Protection Act help 2 kids 11 and 13 to some provision from their fathers estate when there is no will. They live with their mother (divorced from late father) and now his defacto (no children involved) is claiming everything and not willing to make any provision for these children. House and furniture gone to her as purchsed jointly but there is still balance of insurance, super ann. ute, boat and personal effects that could be dispersed to them. At present all they have is hte ACC weekly payment that replaces the child support thir father paid. Is there anything fathers family can do to get something for his boys? Any thoughts or othe similar experiences?? Netlaw replies: YES. A claim can be made if there is no will. It sounds as if they have a very dtrong case. See a lawyer immediately. "
"Dear Netlaw, Our father had a will which was invalidated by a 3-day form of marriage. The woman in question got divorced 1-month before and married our father when he was in a semi-coma and he died 3-days later. The supposed spouse is now applying to be Administrator under the Administration Act and after $121,000 + 1/3 share of remaining property. Could you please advise, do the children (there are 4 of us) have any remedies? Your expertise will be gratefully received and is very much appreciated, thank you. Netlaw replies: Yes. Children can file a claim under the Family Protection Act 1955 asking the Family Court to provide "further provision" from the will. Our special topic "Family Protection Act 1955" covers the principles. But in this case, you might also be able to challenge the validity of the new will on the basis of your father's medical condition and possibly on the basis that he signed under pressure."
"Hi I have a mother who is 80 years old with dementia. We (6 children) don't think she has a will and no EPOA. She has no real assets except $8000 in the bank which is intended for her funeral. Are we likely to run into any problems or major costs if no will exists at her death. Is there anything we could do now to make life easier in the event of her death. I'm guessing if she doesn't have a will now, its probably too late. Any help would be much appreciated. Thanks Netlaw replies - It is too late unfortunately. See a lawyer."

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