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Disciplinary Tribunal reports significant drop in cases

10 February 2016

There was a significant drop in the number of new cases filed in the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in the year to 30 June 2015, the Tribunal says in its annual report.

It says there was a 58% reduction in "cases on hand" from the previous year, with 26 cases on hand at 30 June 2015 compared to 46 on hand at 30 June 2014. During the 2014/15 year, 36 cases were filed, compared with 51 filed in the 2013/14 year.

The Tribunal says some "administrative frustration" occurs when events beyond the control of the Chair or Deputy Chair delay expeditious process.

"For example, the oldest live files relate to two lawyers who not only face disciplinary charges, but also charges in the criminal justice system. Because there is a risk of compromising the lawyers' rights in the criminal trials to be held, the disciplinary process must await the conclusion of the criminal process. That wait has, so far, been in excess of five years."

The Tribunal also notes that other examples of delay occur as a result of lawyers seeking to review the decision of a Lawyers Standards Committee to lay charges with the Tribunal. It says the "enormous workload, and consequent backlog" in determination of such reviews by the Legal Complaints Review Officer has delayed by many months the Tribunal's ability to hear the charges.

It says efficiency cannot be allowed to come at the expense of the practitioner's right to legal representation and other natural justice principles. However, it says it is also mindful of the clear statements of the higher courts about expeditious disposition, including that of the Court of Appeal in Orlov v Auckland Lawyers Standards Committee [2013] NZCA 230.

"It is also of assistance that it is now settled law that challenges by way of judicial review should await the completion of the substantive disciplinary process (Orlov v New Zealand Law Society [2013] NZSC 94)."

The Tribunal notes that the consumer focus of the Lawyers and Conveyancers Act 2006 is a consistent theme in its determinations and appellate court decisions.

"The Act would appear to be achieving its aims in this regard, but also in ensuring the continuing high reputation of the profession. It is well understood that the reputation of the legal profession is its greatest asset and that there is a collective responsibility amongst lawyers to uphold professional standards," it says.

"As stated in one of the leading cases in lawyers' discipline, a person entrusting a lawyer with possibly the most important transaction or problem of a lifetime, must be able to trust that lawyer 'to the ends of the earth' (Bolton v Law Society [1994] 2 All ER 486)."

Tribunal cases filed and cases disposed, year to 30 June

 201520142013201220112010
Number Filed365139301928
Number Disposed563533262023

 
Occupation of person charged, year to 30 June

Occupation201520142013201220112010
Lawyer253928232015
Former lawyer654221
Former employee222330
Total334634282516

 
Penalty orders made, year to 30 June 2015

Type of orderNumber of orders made
Struck off the Roll12
Suspension from practice14
Censure19
Pay fine3
Pay compensation5
Reduce fees and/or refund monies3
Undergo training or education4
Supervision/mentoring/advice to be taken5
Restriction on employment2
Not able to practise on own account3
Apology to complainant3
Reimburse costs to New Zealand Law Society35

Last updated on the 16th September 2019