cover image: D R A F T - Guidance on professional standards and reporting

20.500.12592/vj2csn

D R A F T - Guidance on professional standards and reporting

31 May 2021

But if the lawyer observed the behaviour or it was disclosed to the lawyer by the victim of the behaviour, then the obligation is triggered (subject to any applicable exception to mandatory reporting). [...] While it is generally necessary for the report and the identity of the person making the report to be disclosed to the subject lawyer if an inquiry is to proceed, confidentiality is otherwise maintained to the following extent: – standards committees, their delegates (typically Lawyers Complaints Service employees), and investi- gators (whether employees of the Law Society or not) are subject to s. [...] Answer: No requirement for the designated lawyer to report to the Law Society Form of the report RULE 11 .4 .3 Rule 11.4.3 requires that a report made by the designated lawyer to the Law Society must be: – made in writing, – identify the person making the report and the person or persons to whom the report relates, and – specify details of the alleged conduct. [...] If the complaint is referred to the Lawyers and Conveyancers Disciplinary Tribunal If the standards committee determines to refer a complaint to the Lawyers and Conveyancers Disciplinary Tribunal, the lawyer who is the subject of the complaint will be entitled to appear and be heard at the hearing and to be represented by counsel if they wish. [...] The person making the complaint has the right to be heard and to participate in the process, and will be notified of the outcome.
Pages
35
Published in
New Zealand