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Lawyers and Conveyancers Act 2006

Preliminary provisions

12: Unsatisfactory conduct defined in relation to lawyers and incorporated law firms

You could also call this:

"What is unsatisfactory conduct by lawyers and law firms?"

Illustration for Lawyers and Conveyancers Act 2006

You need to know what unsatisfactory conduct means in relation to lawyers and incorporated law firms. Unsatisfactory conduct is when a lawyer or firm does not meet the standard of competence and diligence you expect from them. This can happen when they are providing regulated services. You can also think of unsatisfactory conduct as behaviour that other lawyers would consider unacceptable. This includes conduct that is unbecoming or unprofessional. It can also mean breaking the rules of the Act or other laws related to providing regulated services, as long as it is not considered misconduct under section 7. Unsatisfactory conduct can also mean failing to follow conditions or restrictions on a lawyer's practising certificate, as long as it is not considered misconduct under section 7. This applies to the lawyer or to a lawyer working for an incorporated law firm. It is about meeting the standards you expect from lawyers and firms when they provide services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365712.

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13: Unsatisfactory conduct defined in relation to conveyancing practitioners and incorporated conveyancing firms, or

"What is unsatisfactory conduct by conveyancing practitioners and firms?"

Part 1Preliminary provisions

12Unsatisfactory conduct defined in relation to lawyers and incorporated law firms

  1. In this Act, unsatisfactory conduct, in relation to a lawyer or an incorporated law firm, means—

  2. conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; or
    1. conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct that would be regarded by lawyers of good standing as being unacceptable, including—
      1. conduct unbecoming a lawyer or an incorporated law firm; or
        1. unprofessional conduct; or
        2. conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the lawyer or incorporated law firm, or of any other Act relating to the provision of regulated services (not being a contravention that amounts to misconduct under section 7); or
          1. conduct consisting of a failure on the part of the lawyer, or, in the case of an incorporated law firm, on the part of a lawyer who is actively involved in the provision by the incorporated law firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the lawyer, or the lawyer so actively involved, is subject (not being a failure that amounts to misconduct under section 7).