LCA update

Lawyers Standards Committees

THE Lawyers and Conveyancers Act 2006 requires the NZLS to establish Lawyers Standards Committees as part of the new complaints service it will operate from 1 July 2008. These will replace existing complaints committees and district disciplinary tribunals whose work will cease at the end of 2008 following a run-out period.

Lawyers Complaints Service and Standards Committees Regulations 2008 are expected to be made shortly.

Composition

The draft regulations provide for a standards committee to have not less than two nor more than seven lawyer members and not less than one nor more than two lay members. The quorum is three. The NZLS is consulting district law societies now on possible membership.

Committee conveners and deputies will be appointed from the lawyer members. All lawyer and lay members are appointed by the NZLS Board (with written notification to be provided to the Minister of Justice within 21 days of an appointment).

Lawyer members are required to have practised for at least five years. Lawyer and lay members will be appointed for a term not exceeding three years as determined at the time of appointment. Members can be appointed for up to three terms.

There is no provision for lawyer members to be paid but lay members will be paid at rates similar to those applying to appointments to statutory tribunals.

It is expected that there will be some 20 operational standards committees throughout New Zealand, including at least one based at NZLS head office and likely to be reserved for unusual or sensitive complaints.

Powers

The NZLS is preparing guidelines setting out the procedures and manner in which the standards committees will exercise their functions and powers. Training will be provided for members and support staff given the changes to the role and powers of standards committees compared with existing complaints committees.

Some of these powers are similar to those of the district disciplinary tribunals but the new complaints process is more consumer focused and aimed at speedier and more responsive remedies for complainants, especially in the area of unsatisfactory conduct.

The committees will also assume powers that are currently held by district society councils, such as the ability to commence an investigation on own motion and the power to intervene in legal practices in certain circumstances.