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Regulation of the Legal Profession

 
Overview
From 1 August 2008, the Lawyers and Conveyancers Act 2006 (LCA) regulates the legal profession in New Zealand.

The Rules of Conduct and Client Care
The Rules of Conduct and Client Care (RCCC), made under ss94 and 95 of the Lawyers and Conveyancers Act came into operation on 1 August 2008. They set minimum standards that lawyers must observe and are a reference point for discipline and provide for, amongst other things, standards of conduct and client care, the requirement that lawyers provide clients in advance with information on the principal aspects of client service, conditional fee agreements and types of conduct which lawyers or former lawyers may be disciplined. A charge of misconduct (that includes wilful or reckless contravention of the Act or RCCC) or unsatisfactory conduct (a contravention that is not wilful or reckless) may be brought depending on the seriousness of the breach.

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

The Auckland District Law Society is responsible for the day-to-day regulation of lawyers in the Auckland region including handling of complaints about conduct and costs.

Professional Indemnity Insurance
Lawyers and Conveyancers Act (Lawyers: Indemnity) Rules 2008
These rules establish that it is not compulsory for lawyers to hold professional indemnity (PI) insurance. It does however require lawyers who are partners or directors of a practice to consider holding appropriate PI insurance. 


 

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