LAWS101: Legal Institutions 1

Introduction

• Welcome to Laws 101 presented by Simon Dorsett.

• Overview of administration details.

  • No lectures for Laws 110 today; focus on essay completion.

  • Tutorial session one is active this week.

  • Physical tutorial books available on Level 3 of Meri Meri.

• Brief personal introduction of Simon Dorsett.

  • University of Canterbury alumni with degrees in law, political science, and history.

  • Legal practice experience in Christchurch across three firms: Wynn Williams, Lane Neve, Taverndale and Partners.

  • Full-time lecturer at the university, teaching Laws 101 and public law, and assistant dean of students.

  • Experience in development aid in the Pacific, including Papua New Guinea and Timor Leste.

  • Personal interests include wine and visiting Hanmer Springs.

Course Expectations

• Course materials and slide availability.

  • Slides and readings will be posted after each lecture.

  • Emphasis on attending lectures, engaging with material, and completing readings.

• Encouragement to write down important points, especially repeated or emphasized content.

  • Importance of clarifying jargon or uncertain concepts for later review.

Legal Institutions I Overview

• Structure of the legal institutions topic.

  • Focus on legal services and institutions.

  • Discussion points:

    • Concept of a profession.

    • The legal profession and lawyering in New Zealand.

    • Access to justice and financial barriers.

• Assessment details.

  • Interim evening test scheduled for May 13.

  • Weekly quizzes linked to lecture material and tutorial round two.

• Importance of critical thinking about legal concepts.

  • Engage deeply with lectures and readings.

Defining a Profession

• Historical perspective of professions.

  • Three traditional professions in the Middle Ages: church, medicine, law.

• Modern definitions and wider applications of 'profession'.

  • Examples: professional athletes, teachers, engineers.

• Attributes of a profession according to Laman Literature and Millison.

  • Skill based on theoretical knowledge.

  • Ongoing education and training.

  • Competence testing prior to entrance.

  • Organizational structure and code of ethics.

  • Altruistic service ethos.

Modern Perspectives and Criticisms

• Evolving nature of professionalism.

• Gino Del Pont’s attributes of professions.

  • Skill and learning, public service, self-regulation, jargon, collegiality.

• Criticisms of the concept of a profession.

  • Overlapping responsibilities with non-professions.

  • Power dynamics and monopolistic practices in the legal profession.

• Public perceptions of lawyers.

  • Lawyers viewed as sorcerers, heroes, and data generators.

The Legal Profession in New Zealand

• Definition of a lawyer according to the Collins dictionary.

• Lawyers subject to a code of ethics from the Lawyers and Conveyances Act.

  • Rules concerning conduct and client care established in 2008.

• Different roles of barristers and solicitors.

  • Barristers primarily work in advocacy and court representation.

  • Solicitors provide general legal advice, draft documents, and handle transactions.

• New Zealand's fused legal profession structure.

  • Admission as both barrister and solicitor upon qualification.

• Overview of practicing certificates.

  • Annual license confirming the ability to practice law.

Statistics and Representation in Law

• Current statistics on legal practitioners in New Zealand.

  • Total practicing lawyers around 15,769, reflecting population ratios.

  • Gender representation highlights disparity in higher echelons of law.

  • Notable underrepresentation of Maori and Pacific individuals in the profession.

• Changing trends reflecting increased awareness and inclusion of diverse perspectives.

Conclusion and Next Steps

• Continuing to explore the role of lawyers in society.

• Encouragement to critically evaluate the positive and negative aspects of the legal profession as outlined in readings.

• Closing remarks and preparation for the next session.