Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Bill

1. Title

This Act is the Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Act 2021.

2. Commencement

This Act comes into force on the day after the date on which is receives the Royal assent.

3. Principal Act

This Act amends the Lawyers and Conveyancers Act 2006 (the principal Act).

4. Section 9 amended (Misconduct defined in relation to provision of regulated services by employees

In section 9(3), replace “section 10” with “sections 10 and 10A”

5. Section 10 amended (Exceptions to section 9)

After subsection (6), insert:

(7) This section is subject to section 10A.

6. New section 10A inserted (Lawyer providing legal services to person other than employer

Nothing in this Act prevents a lawyer who is an employee from providing free legal services to a person other than his or her employer if the services are provided—

(a) with the agreement of the employer; and

(b) in accordance with practice rules made under section 94 by the New Zealand Law Society.

Explanatory Note

General Policy Statement

The purpose of this Bill is to amend the Lawyers and Conveyancers Act 2006 (the Act) to allow a lawyer who is an employee (for example, of a law practice or an in-house lawyer) to do free legal work other than for the lawyer’s employer, on conditions set by the New Zealand Law Society. Currently, under the Act, an employed lawyer may in some circumstances be guilty of misconduct if he or she does legal work outside of the lawyer’s employment. In conjunction with amendments to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), this Bill will allow the employed lawyer, with the permission of his or her employer, to do free legal work (“pro bono” work) outside of his or her employment. The aim of this Bill and the associated amendments to the Rules is to improve access to justice without compromising the standards of professional conduct and client care required under the Rules.

B.1063 - Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Bill is authored by Sarah Dowie (IRL Figure) and sponsored by u/Winston_Wilhelmus (National) as a Members Bill

Debate will close 12/05/2021 at 11:59pm NZT.