Legal Institutions 1 Flashcards
What are Millerson’s common traits of professions?
- Skill based on body of theoretical knowledge
- Provision of training and education
- Testing competence prior to entrance
- Organisation
- Code of Ethics
- Ethos of altruistic service
What are the two main legal statutes you should know for being a lawyer?
- Lawyers and Conveyancers Act 2006
- Lawyers: Conduct and Client Care Rules 2008
Lawyers: Conduct and Client Care Rules 2008 include 6 main points, What are these?
- Lawyer must act competently in timely manner.
- Lawyer must protect and promote clients interests.
- Lawyers must give clear info + advice.
- Lawyers must protect clients privacy.
- Lawyers must be fair, respectful, and not discriminate.
- Lawyer must let client know how to make complaints and lawyer must deal with them.
What is the difference between a barrister and solicitor?
Barrister = legal courts and tribunal work.
Solicitor = General advisory work, work outside of courts.
What are Dal Pont’s 4 common attributes of a profession?
Special skill and learning
Public service
Self regulation and autonomy
Special jargon
What four requirements are necessary to work as a lawyer in NZ?
- Complete law degree.
- Complete the Professional Legal Studies course.
- Be admitted by the High Court of New Zealand. (Being admitted to the bar, must be ‘fit and proper’)
- Obtain/hold current practising certificate issued annually by New Zealand Law Society.
What four systems/legislation regulate the legal profession in NZ?
- Lawyers and Conveyancers Act 2006
- Scheme of the Act
- The Law Society
- Complaints and Discipline
What did the scheme of the 2006 Act change?
- Changed professional regulation - reduction in lawyers monopoly, reduction law society dominance, separates Law Society’s regulatory and representative functions.
- Establishes the new conveyancing profession.
- Focus on consumer/client protection - poor service becomes a ground for complaint, ministerial approval of rules, independent complaints review officer (takes away power from the Law Society)
What are the four fundamental obligations of a lawyer?
- the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand.
• The obligation to be independent in providing regulated services to his or her clients.
• The obligation to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients.
• The obligation to protect, subject to his or her overriding duties as an officer of the High Court, and to his or her duties under any enactment, the interests of his or her clients.
What are ‘fiduciary duties’?
Duties conducted with a special revaluation ship with power imbalance between the client and the lawyer.
What are the two reserved areas of work for lawyers?
- Representing people in courts
- Giving advice under Relationship Property legislation
What does the ‘Criminal Records Act 2004’ state about the ‘clean slate’ record?
- Seven years elapsed since last offence.
- No imprisonment.
- Not convicted of any specific listed crimes.
Are people entitled to a ‘clean slate’ when being considered for a judicial position?
No.
What are the four regularity functions of the New Zealand Law Society?
• to control and regulate the profession of the law.
• To uphold the fundamental obligations imposed on lawyers in NZ.
• To monitor and enforce the Act (lawyers and conveyancers act 2006).
• To assist and promote the upholding of the rule of law and administration of justice in NZ.
Can New Zealand Law Society make rules for lawyers? If so, under what conditions?
Yes, Law society still makes rules for lawyers but must be approved by the overarching ministry.
What are two relative rules to stopping harassment?
- respect and courtesy - lawyers must treat everyone with respect and courtesy.
- Bullying, discrimination, and harassment - lawyers must not engage in one or more of any of the following activities:
For the rule:
Bullying, discrimination, and harassment - lawyers must not engage in one or more of any of the following activities:
What are the 6 activities that a lawyer should not engage in 1 or more of?
A) bullying
B) discrimination (any activity deemed unlawful under the Humans Right Act 1993)
C) harassment
D) racial harassment
E) sexual harassment
F) violence
What are the prohibited grounds of discrimination under the ‘Human Right Act 1993’?
Marital status
Religion
Race
Disability
Sexual/gender orientation
What act does the following statement belong to?
“Employers must ensure so far as is reasonably practical, the health and safety of workers while the workers are at work.”
Health and Safety at Work Act 2015
Pre 2021, was a lawyer obligated to report someone to the Law Society if they suspect another lawyer may have engaged in unsatisfactory conduct?
No, before 2021 lawyers were only obligated to report to the Law Society if they suspected another lawyer has been guilty of misconduct. Only post 2021 were lawyers obligated to report if they suspect another lawyer may have engaged in unsatisfactory conduct.
What is the definition of ‘Misconduct’?
Serious, “disgraceful or discountable”, wilful breach of rules.
What is the definition of ‘unsatisfactory conduct’?
Minor offences, falling short of competence and diligence required in the profession of a lawyer.
What are the three procedures low level complaints can be dealt with by?
Law office procedure - client and lawyer interact to try and resolve issue.
- Law complaints service (law society) - client complains to law society about lawyer.
- Early Resolution Service (ERS) - following on from law complaints service, ERS sets out to negotiate an outcome between the lawyer and client to resolve the issue before it escalates.
What tier complaints do the ‘Standards Committee’ deal with?
Tier 1.
