It is best to seek expert advice when dealing with a transaction or dispute, in order to properly deal with difficulties that may arise. For example, when buying or selling land it is important to consider financial implications, family law, estates, contractual obligations, resource management issues and possible claims arising from any particular action or misrepresentation. Lawyers are able to advise on all aspects of a matter because of their training in all fields of the law.

Training and education required to practise law

Lawyers undergo a lengthy period of training to understand and interpret the law. Before a lawyer can be admitted to practise he/she must complete a law degree at a recognised law school on a wide range of legal topics - including Land Law, Family Law, Contracts, Torts (negligence), Criminal Law and others. In addition, lawyers must pass a course on practical legal training and be approved by the law society as a suitable person to practise law.

Once admitted to practise, all lawyers must hold a current annual practising certificate and are subject to regulation by the law society of the district where they practise.

All lawyers are bound by Rules of Professional Conduct as well as Rules and Regulation concerning the management of legal practices. These rules have been developed over many years for the protection of the public.

All lawyers are officers of the Courts of New Zealand and have a special responsibility to ensure the courts function properly.

In return for being bound by Rules of Professional Conduct and accepting responsibility for legal processes, lawyers have certain privileges. These include:

• the right to appear before the courts on behalf of others
• the right not to disclose information about a client which is privileged
• the right to prepare certain legal documents
• the right to take affidavits and declarations

What You Should Ask Your Lawyer

Here is a list of suggested questions you should ask when searching for a lawyer to assist or represent you:

1. Do I have to pay for my initial consultation or meeting?
2. Do you hold a current practising certificate?
3. What field of law do you specialise in?
4. How long have you been practising in this area of specialty?
5. Where is your office (where will meetings take place)?
6. How much time do you estimate the process to take?
7. Can you provide an estimate of how much it will cost?
8. Are there additional costs that may be incurred not included in this?
9. What are the terms of payment, or how soon will I be expected to pay?
10. Can I apply for legal aid?
11. What paperwork or other information might I be expected to provide?
12. If you are unavailable for any length of time, is there someone who can keep the process going while you are away?
13. Will I be expected to go to court or stand trial?
14. What are my chances of success?

Refer also to the Where to find legal advice section of our website.