A recent District Court decision convicting a non-lawyer for regulatory offences has reinforced the important consumer protection purposes of the Lawyers and Conveyancers Act 2006, New Zealand Law Society chief executive Katie Rusbatch says.
“This case [New Zealand Law Society v Jinyue Paul Young] was a prosecution under sections 21(1) and 46(a) of the Act reflecting the seriousness of falsely describing oneself as a lawyer while providing legal services,” Ms Rusbatch says.
“Section 21 exists to protect the public by ensuring only those holding a current practising certificate as a barrister or as a barrister and solicitor may describe themselves as a lawyer while providing legal services. In view of the purpose of the Act, the court confirmed section 21 is a strict liability offence not requiring intentional conduct and indicated that serious consequences can occur if legal services are provided by people who hold themselves out as a lawyer while not holding a practising certificate issued by the Law Society.”
Ms Rusbatch says the decision provides helpful guidance about the regulatory offence provisions in the Act and confirms that section 21 is a safeguard to protect the public, to maintain confidence in the legal profession, and to recognise the status of the legal profession.
“The decision emphasises that holding a practising certificate as a lawyer is a clear indication to the public that the person is regulated by the Law Society, can be subject to disciplinary action for any misconduct and that users of their services have the consumer protections available under the Act.”
A sentencing hearing has been set for 31 July, 2026.
Anyone may raise a concern with the Law Society about someone falsely holding themselves out as a lawyer.
The Law Society has published information about what legal services non-lawyers (which include people who are admitted and enrolled as a barrister and solicitor of the High Court but do not hold a current practising certificate as a barrister or as a barrister and solicitor) can provide and how they may describe themselves.