Legal Institutions Part 1 S1

Question 1

What are Dal ponts common attributes to professionalism

Answer 1

• special skill of learning
• public service the principle goal
• autonomy and self regulation
• special jargon/ language and collegiality

Question 2

State services act

Answer 2

S56 -1988
“The chief executive shall ensure that all employees maintain proper standards of integrity, conduct and CONCERNFOR PUBLIC INTREST

Covers 100public service departments eg IRD, ACC, human rights commission

Question 3

The public servants code is based of the SPIRT OF SEVICE TO THE COMMUNITY-what are the 4 main points

Answer 3

• fairness “be professional and responsive”
• impartiality
• responsibility
• trustworthiness

Question 4

What is a monopoly

Answer 4

exclusiveness and superiority, possession. When a company or profession offerings dominate one sector or industry

Question 5

What is a lawyer?

Answer 5

“A member of the legal profession eg solicitor or barrister”

Question 6

Lawyers and conveyancer said act (Lawyers:conduct and client care) Rules 2008 includes

Answer 6

• act in timely way and stick to arrangements made
• protect and promote intrest free from compromising influence or loyalties
• clear information and advice
• protect privacy
• treat you fairly and withwout discrimination
• tell you how to make and deal with a complaint

Question 7

Is law representative of society

Answer 7

Not should reflect our community’s, not many Maori lawyers, lawyers these days should know about tikanga

Question 8

What can the law profession be seen as

Answer 8

-power and control
“Monopoly”
-money making business
‘In the past ver antisocial manifestations’

Question 9

Lawyers in nz:statutory definition
S6 lawyers and conveyancer said act 2007

What is a lawyer, barrister, solicitor

Answer 9

Lawyer- a person who holds a current practicing certificate as a barrister or as a barrister and solicitor

Barrister- enrolled as a barrister and solicitor of the high court under or by virtue of this act and practicing as barrister

Solicitor-a person enrolled as a barrister and solicitor of the high court under or by virtue of this act and practicing as a solicitor, weather or not they also practice as a barrister

Question 10

How many tribunals in NZ and what do they includes

Answer 10

29
Disputes
Waitangi
Tenancycopyright

Question 11

How many lawyers in
Motor vehicle tribunal
Waitangi 1975
Christchurch earthquake 2019

Answer 11

Not less than 5
Current or retired judge
Not less than 7

Question 12

How many law degree holding staff in nz

Answer 12

225

Question 13

How does one qualify to become a lawyer in NZ and what is it under

Answer 13

Lawyers and conveyancer act 2006

• complete law degree
• complete professional legal studies course
• admitted by the high court of no to the roll of barrister and solicitors
• hold a current practicing certificate issued annually by the no law society

It is an offence to practice without

Question 14

To satisfy the NZHC you must be what

Answer 14

“Fit and proper”

Question 15

Factors of being “fit and proper”

Answer 15

Good character
No history of bankruptcy or liquidation
No convictions
Engagement with legal practice when not admitted
Any complaints in respect to professions
Any controversy’s of rules breached trust to money

Can still be good if character and not fit and proper

Question 16

What does fit and proper mean in 
Criminal recited (clean slate act) 2004 nz

Answer 16

1) 7years since last offending
2)no imprisonment
At uc -dishonest form

Question 17

How is the legal profession regulated in nz

Answer 17

• Lawyers and conveyancers act 2006
• Scheme act
• The law society-regulatory and representative
• Complaints and discipline

Question 18

Basics of the lawyers and conveyancers act 2006

Answer 18

“Foundation of the legal and regulatory environment in which lawyers work” Duncan Webb

Section 3 includes

• to maintain public confidence
• protect costumers of legal services
• recognise that status of the legal profession

Question 19

Basics of scheme act 2006

And how it reshaped law in many ways

Answer 19

-changed professional regulation
.reduction in lawyers monopoly
.reduction in law society dominance
.seperates law society regulatory and representative functions

-established the ‘new’ conveyancing profession

-a focus on the costumer / client protection
.poor service becomes a ground for complain ‘conduct and client care’
.ministry approval of the rules
.independent complains review officer

Question 20

What are the fundamental obligations of s4 client care obligations

Answer 20

1 uphold the rule of law to facilitate the admission of justice in nz

2 obligation to be independent in providing regulated derived to his or her clients

3 act in accordance with all fiduciary duties and care owed by lawyers to their clients

4 protect subject to his or her overriding duties as an officer of the high court and under any enactment the interests of his client

Question 21

Who is the New Zealand law society governed by

Answer 21

Tiana epati

Aswell as an executive boarded and council

Question 22

Does the nzls regulate lawyers?

Answer 22

Yes it does however does not represent them as memberships are voluntary

Question 23

Basics of the Maori law society THRMOA

Answer 23

1988 first meeting
Voluntary membership - no fee for students
Allows Maori lawyers to divide and debate issues
The kawpapa or vision is
Ma Te tire, no Te iwi - by law for the people
Inspires change through law and Maori legal community
Not dependant on lca 2006 nzls

Question 24

NzLS representative and regulatory

Answer 24

Membership is volesntry
Providers lawyers with seminars and education
Published periodicals, pamphlets

Question 25

NZLS representative functions

Answer 25

Promote collgialality Practitioners support Provision of libaries

Question 26

NZLS regulatory functions

Answer 26

Control and regulate the profession of law Uphold obligations Monitor and enforces Act Assist and prompts facilitating and administering the law

Question 27

Complaints and discipline What is the first level of complaints

Answer 27

Early low level complaints Law office procedure- lawyer/ client try to resolve Law complaints service -client can lodge complaint ERS -early service resolution (law society) client can lodge complaint

Question 28

What does teir 1 -STANDARDS COMMITTEE do

Answer 28

Resolution and complaints -usually 2 layers and one lay person Orders include refund, reduction, apologies Fines up to 15k

Question 29

TEIR 2 | LEGAL COMPLAINTS REVIEW OFFICER

Answer 29

Order change/ no change to SC outcome or lay charges to DT to determine LCRO completely independent of law society but can give advice to it or the minister about regulation and discipline of lawyers If serious SC or LCRO charges against we lawyer, teir 3

Question 30

TEIR 3 DISCIPLINARY TRIBUNAL

Answer 30

15 lawyer members and 12 lay members Minimum to sit on hearing is 5 Chaired by judge dale clarkson (deputy chair judge John adams) Focus on disciplinary-serious misconduct

Question 31

What can the teir 3 order

Answer 31

Strike off role Suspend from practice Terminate or restrict Fines up to 30k

Question 32

Section 7 2006 lca | How to test for misconduct

Answer 32

Weather the conduct would be regarded as discrasedul or dishonourable by lawyers of good standing Or Activity outside of work- weather the conduct means the person is not a fit and proper person to engage in practice

Question 33

Unsatisfactory behaviour-lose level than misconduct, handled in teir 1&2 In this act what does it mean

Answer 33

When a lawyer or law firm services Fall short or the standard of a lawyer and meme her of public is intited to Unacceptable behaviour including Unbecoming(not suitable) of a lawyer or firm Unprofessional conduct Punished by standards committee unlikely to reach DT

Question 34

What is teir 1

Answer 34

Standards committee

Question 35

What is teir 2

Answer 35

Legal complaints review officer

Question 36

Teir 3

Answer 36

Disciplinary tribunal