FAQs
How do I find a lawyer?
We are able to provide the names of lawyers in the Wellington region experienced in your required area of law. Or you can use the Society's Find a lawyer service.
How can I pick up my file and deeds if I want to change lawyers?
You will need to present your existing lawyer with an authority to uplift your file and any deeds that the firm may be holding. This should be acted upon quickly by the lawyer. Your new lawyer may arrange this for you.
Am I able to change lawyer part way through a transaction?
Yes. A client has a right to change from one lawyer to another.
What if I have an unpaid bill with the previous lawyer?
The previous lawyer may claim a lien over documents if you have an unpaid bill and is entitled to hold these until the bill is paid. However the Privacy Act 1993 entitles a client to obtain access to personal information contained in any file or paper and you are entitled to insist on receiving a copy of any document containing personal information at reasonable cost notwithstanding that a lien has been claimed.
Can I get a second opinion?
Yes.
I cannot afford a lawyer. Where can I get free legal advice?
Community Law Centres throughout the Wellington region make legal advice available in a certain range of areas at specified times. Your local Citizens Advice Bureau may hold free legal advice sessions once a week for which you may be required to register. These will be listed in the telephone book or at www.cab.org.nz.
How can I get legal aid? How do I know if I'm eligible?
Visit the Legal Services Agency website www.lsa.govt.nz.
How can I find a legal aid lawyer?
Visit the Find a legal aid lawyer section of the Legal Services Agency's website www.lsa.govt.nz/legal-aid/find-a-legal-aid-lawyer.php.
Are there any Rules that lawyers have to adhere to?
Yes. The Rules of Conduct and Client Care can be viewed on the Society's website www.lawsociety.org.nz/home/for_the_public/client_carecomplaints.
How do I make a complaint about my lawyer?
Complaints are made to the Lawyers Complaints Service. See the Society's Lawyers Complaints Services webpage.
I am looking for my father's will - he made it with a firm in Wellington but I don't know which one?
There is no central registry for wills. The Ministry of Justice holds copies of wills after the death of the will-maker. Go to www.justice.govt.nz/services/get-a-copy-of-a-will/get-a-copy-of-a-will/?searchterm=will. If you cannot locate the will and believe it was held by a Wellington law firm you can, through your lawyer, advertise in the Wellington Branch newspaper Council Brief to see if any law firm is holding the will. All law firms in the Wellington region receive Council Brief and can check their deeds to see if they are holding the missing will. If you believe the will is held by a law firm out of the greater Wellington area you could advertise in LawTalk, the Society's fortnightly magazine. Email advertising.lawtalk@lawsociety.org.nz.
Does the lawyer who acted for my late father and who is holding my father's will have to be instructed to carry out the administration of his estate?
No, unless the lawyer is the sole executor. The executor is able to select the firm he/she or they wish to carry out the administration of an estate.
The law firm I used to go to is no longer in existence - where will my files and deeds be?
The Society has a record of closed firms and will be able to assist you with your inquiry. Email wellington@lawsociety.org.nz.