Rules
Three sets of rules have been released:
Rules of Conduct and Client Care
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008
These rules, made under ss94 and 95 of the LCA, replace the Rules of Professional Conduct for Barristers and Solicitors (7th edition), as published in 2006. They provide for, among other things:
- standards of conduct and client care
- the requirement that lawyers provide clients in advance with information on the main aspects of client service
- the kinds of conduct for which a lawyer or former lawyer may be disciplined
- conditional fee agreements.
All lawyers should make themselves familiar with these rules.
Indemnity Rules
Lawyers and Conveyancers Act (Lawyers: Indemnity) Rules 2008
These new rules, made under ss94 and 99 of the LCA, establish that it is not compulsory for lawyers to hold professional indemnity insurance. However, Rule 4(2) will require lawyers who are partners or directors of a practice to consider holding appropriate PI insurance. Under R 5(1) the NZLS must, within two years of the commencement of the rules, consider and determine whether to require lawyers or incorporated firms to hold PI insurance.
Law practices will shortly need to prepare memoranda setting out information for clients required under Rules 3.5 and 3.6 of the Rules of Conduct and Client Care. Further information is available on the options and minimum requirements.
Nominee Company Rules
Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008
These rules, made under s96 of the LCA, relate to the formation and operation of lawyers’ nominee companies. They are broadly similar to, and replace, the Solicitors Nominee Company Rules 1996.
Companion guidelines, approved by the Board on 12 December 2008, are available to help firms comply with the rules. These guidelines are also available in pdf format.
Please send any letter of request for a change of nominee company name (Rule 5.2) to the Executive Director, New Zealand Law Society, PO Box 5041, Lambton Quay, Wellington 6141 or DX SP20202; or email to inquiries@lawsociety.org.nz