Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

241: Charges that may be brought before Disciplinary Tribunal

You could also call this:

"Charges against lawyers that the Disciplinary Tribunal can hear"

Illustration for Lawyers and Conveyancers Act 2006

You can take certain charges to the Disciplinary Tribunal. The Tribunal hears charges against lawyers or their employees. It decides if the person has done something wrong. You can charge someone with misconduct or unsatisfactory conduct. You can also charge someone with being negligent or incompetent in their job. This means they have not done their job properly and it reflects badly on them. If someone has been convicted of a crime, you can charge them if it affects their ability to practise law. The Tribunal can then make orders as stated in section 242.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366796.

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242: Orders that may be made where charge proved, or

"What happens if you're found guilty of a charge under the Lawyers and Conveyancers Act"

Part 7Complaints and discipline
Procedure

241Charges that may be brought before Disciplinary Tribunal

  1. If the Disciplinary Tribunal, after hearing any charge against a person who is a practitioner or former practitioner or an employee or former employee of a practitioner or incorporated firm, is satisfied that it has been proved on the balance of probabilities that the person—

  2. has been guilty of misconduct; or
    1. has been guilty of unsatisfactory conduct that is not so gross, wilful, or reckless as to amount to misconduct; or
      1. has been guilty of negligence or incompetence in his or her professional capacity, and that the negligence or incompetence has been of such a degree or so frequent as to reflect on his or her fitness to practise or as to bring his or her profession into disrepute; or
        1. has been convicted of an offence punishable by imprisonment and the conviction reflects on his or her fitness to practise, or tends to bring his or her profession into disrepute,—
          1. it may, if it thinks fit, make any 1 or more of the orders authorised by section 242.

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