Recording-2025-03-11T01:35:10.308Z

Introduction to Lawyering

• Cicero as the First Lawyer:

  • Cicero is recognized as the first known lawyer, linking lawyering to the Roman Empire.

  • The concept of an individual arguing on behalf of another (lawyer) originated here.

• Evolution of Lawyering in England:

  • Lawyering was absent during the Middle Ages; individuals argued their own cases.

  • The profession reemerged in the 17th and 18th centuries, leading to modern legal practices.

Importance of the Legal Profession

• Power of Lawyers:

  • Lawyers possess specialized training, enabling them to argue cases and advise on legal matters.

  • They serve as a portal for society to access justice.

• Special Legal Obligations:

  • Lawyers are subject to unique rules, including those outlined in the Lawyers Anti Conveyances Act 2006.

  • Section 4 mandates upholding the rule of law and facilitating justice administration in New Zealand.

  • Rule of law signifies governance by legal statutes, not personal whims; everyone, including officials, must adhere to these laws.

Ethical Duties and Client Representation

• Lawyers' Obligations:

  • Independent and neutral service provision is essential; conflicts of interest must be avoided to honor fiduciary duties.

  • Duties include obligations to clients as well as obligations to the court and the justice system.

• Balance Between Client and Justice:

  • Lawyers must advocate for clients without compromising justice; misrepresentation or deceit in court is prohibited.

  • They play a key role in ensuring quality legal arguments are presented, which aids in proper judicial decisions.

Regulatory Framework of the Legal Profession

• Core Rules and Technical Matters:

  • Lawyers and Conveyancers Act 2008, detailing obligations for honesty and fair fee structures.

• Law as a Service Profession:

  • Despite perceptions of commercialization, law remains foundationally a service profession with ethical responsibilities.

  • Regulatory bodies, like the New Zealand Law Society, oversee lawyer conduct and discipline.

Disciplinary Measures

• Disciplinary Action:

  • The Law Society imposes penalties on lawyers that fail to meet standards, including temporary or permanent removal from the legal role.

• Role of the Legal Profession:

  • Lawyers have limited grounds for refusing services, governed by the cab rank rule.

  • This rule allows all clients, including those with unpopular views, access to legal representation.

Specialization in Law

• Various Legal Domains:

  • Lawyers typically specialize in areas such as criminal law (e.g., Regina v. Mason) or civil law (Mason v. Mason).

  • Knowledge of differing legal thresholds of proof is essential (e.g., beyond reasonable doubt in criminal law vs. balance of probabilities in civil law).

• Dealing with Client Confessions:

  • Lawyers must navigate complex ethical dilemmas when clients confess guilt, maintaining duties to both client and court.

  • Various defense strategies can be employed without contradicting the client’s confession.

Education and Certification

• Becoming a Lawyer:

  • To be a practicing lawyer, individuals must possess a practicing certificate.

  • Candidates undergo scrutiny for being a fit and proper person as per the Lawyers and Conveyancers Act.

• Historical Context:

  • The legal profession in New Zealand evolved post-Treaty of Waitangi (1842) with early requirements for overseas qualifications.

  • Education was rudimentary until the establishment of law schools in the late 19th century.

Gender and Ethnicity in the Legal Profession

• Current Demographics:

  • Recent statistics indicate that women make up the majority of lawyers, yet they remain underrepresented in senior roles.

  • Ethnic diversities within the profession:

    • 3.8% identify as Pacific lawyers, 7.3% as Māori, with 11.9% Asian compared to 72% New Zealand European.

Role of the New Zealand Law Society

• Functions of the Law Society:

  • Oversees the legal profession, including education, discipline, and certification.

  • Engages in advocacy and represents lawyer interests in government.

• Current Leadership:

  • The first president from the South Island, Fraser Barton, leads the Law Society, indicative of a more inclusive representation of the legal profession.

Career Pathways in Law

• Diverse Career Options:

  • Pathways include practicing as a transactional lawyer, criminal lawyer, or within civil law domains.

  • Potential challenges and benefits of various sectors, such as in-house legal roles or international organizations, are discussed.

Perception of Lawyers

• Community Views:

  • Lawyers often face skepticism and distrust, viewed as greedy or obstructing justice.

  • Personal relationships with their own lawyers tend to be more positive despite general mistrust of the profession.

Conclusion: The Role of Law in Society

• Importance of Legal Services:

  • Lawyers play a crucial role in the justice system, ensuring accessibility and administration of law and justice.

  • The profession adapts and evolves continually while maintaining its foundational responsibilities.