Week one

Question 0

How does the act achieve this?

Answer 0

S3(2)
Reforms the law
Provides a more responsive regulatory regime
Enables conveyancing to be carried out by lawyers and conveyancing practitioners
States fundamental obligations that they must comply
Repeals Law Practioners Act 1982

D

Question 1

What is the purpose of Lawyers and Conveyancers Act?

Answer 1

Section 3

a) to maintain public confidence I the provisions of legal services and conveyancing services
b) to protect the consumers of legal services and conveyancing services
c) to recognize the status of the legal profession and to establish the new profession of conveyancing practitioner

Question 2

What are the fundamental obligations of lawyers (4)

Answer 2

S4

1) obligation to uphold the rule of law and facilitate the administration of justice in Nz
2) obligation to be independent in providing regulated services to clients
3) obligation to act I accordance with all fiduciary duties and duties of care owed by lawyers to their clients
4) the obligation to protect, subject to overriding duties as officer of high court and any other enactment, the interest of his or hers clients

Question 3

Fundamental obligations of a conveyancing practitioner (3)

Answer 3

1) Independence when delivering regulated services
2) fiduciary duties and duties of care to client
3) obligation to protect, subject to any enactment, the interests of his/her client

Question 4

What is unsatisfactory conduct

Answer 4

Section 12
Falls short of standard of competence and diligence that a member of the public would expect
Conduct unbecoming
Unprofessional conduct
Conduct contravening the Act, regs or rules relating to provision of regulated services
Failure of the lawyer to comply with a condition or restriction of practicing certificate

Question 5

Misconduct in relation to a lawyer or firm

Answer 5

Providing regulated services and is conduct that:
Reasonably regarded by lawyers of good standing as Disgraceful, or Dishonerable.
Willful or reckless contravention of any provision of the Act, regulations, practice rules made under the act.
Willful or reckless failure to comply with condition or restriction of practicing certificate
Charging grossly excessive costs
Plus other qualifications renewing struck off, suspended etc and knowingly allows

Question 6

What about misconduct by employees?

Answer 6

Section 9

Providing Regulated services outside the employment relationship.

Question 7

Misconduct by employees not practitioners

Answer 7

S11
Judged as if it were the practitioner and as if the Practitioner would have been liable to be struck of
Plus
Conduct unconnected with the employment that would justify the person as not of good character or unsuited to employment as a practitioner or law firm

Question 8

What are regulated services?

Answer 8

S 6 interpretation LACA
For lawyers/incorporated firm
- Legal services
-Conveyancing services
-Services provided by undertaking work as a real estate agent
For conveyancing practitioner
- conveyancing services
- Services provided by undertaking work as a real estate agent

Question 9

What is a reserved area of work?

Answer 9

S6 interpretation LACA
In giving legal advice to another in the direction or management of proceedings before any tribunal or court (nz)
In appearing as an advocate in a court or tribunal (nz)
In representing anyone in any nz court or tribunal
In giving legal advice or in carrying out any other action that by section 231f of the PRA 1976
Or by any other provision of any other enactment is required to be carried out by a lawyer

Question 10

What is legal work

Answer 10

S6 LACA
Includes the
A) reserved areas of work
B) advice about any legal or equitable rights or obligations
C) the prep of any document that creates, provides evidence of, legal rights or obligations or provides creates, varies extinguishes charges or mortgages or equitable property
D) mediation, conciliation, arbitration services
E) any work incidental to above
D)