With the coming of kōanga (spring), we look towards new growth. This is true not just of the approaching season but also reflects the work underway across the Law Society’s membership and regulatory areas.

The new financial year brought a pleasing response to our membership drive, which has been a year in the making. This progress will enable a more financially sustainable model and help to future proof the quality of representative services that we deliver to the profession.¹ With close to 10,000 members, the member services team is continuing its work to deliver a high-value proposition to members through a partner programme, discounts, and exclusive member offerings.

In this issue, we share some of the work undertaken in our regulatory area, including developing resources for consumers of legal services. It’s important that people in Aotearoa New Zealand have trust and confidence in both the legal profession and the regulatory process.

Helping consumers

The first phase of our consumer communications programme was redefining the website’s public pages concentrating on the Lawyers Complaints Service and how to work with a lawyer. The consumer programme will help to increase awareness and inform the public about how to engage with a lawyer, what to expect and the protections available.

Recognising the cultural diversity of Aotearoa New Zealand is a feature of this work. This has commenced with translating our complaints information into six languages with further developments planned.

Regulatory progress

The Early Resolution Service (ERS) is showing promising results as it helps the parties to explore possibilities for a mutually acceptable solution and to resolve complaints in a timelier way.

Meanwhile a specialist team to handle sensitive complaints has been in place since mid-2021.

We have commenced our Regulatory Reform and Response Programme. This programme will enable the Law Society to operate in a more transparent and efficient manner for both consumers and the legal profession until such time as broader legislative changes are made to reflect the recommendations of the Independent Review.² We are pleased the Government is progressing amendments to allow limited administrative triaging in the lawyers’ complaints process. Such an amendment received significant support when the Law Society consulted the profession on proposed changes aimed at improving the efficiency of the Lawyers Complaints Service. The proposed amendment is in line with other regulatory bodies and an important step for modernisation and regulatory reform. However, the Minister of Justice has said that wholesale reform is unlikely to be a priority in the first term of the current Government. So instead, we are looking at ongoing improvements that are within our control and don’t require a law change. Examples include changes to the registration processes, improvements to the complaints model and governance.

Broadly the Regulatory Reform and Response programme outlines five priorities of work.

1. Legal Practice Reform: Looks at the practice on own account process with a focus on existing regulatory barriers to entry to the senior part of the profession.
2. Lawyers Complaints Service: The Lawyers Complaints Service is a key focus of our regulatory work and forms a significant element of our response to the Independent Review. The Law Society is undertaking a review to improve the efficiency and effectiveness of the Lawyers Complaints Service under the current legislative framework.

There has been a considerable increase in complaints being handled by ERS committees. These changes are designed to better serve both complainants and the lawyers who are the subject of a complaint.

1. Continuing Professional Development (CPD): Review and establish if the current CPD regime is meeting its regulatory purpose.
2. Te ao Māori: Work on a te ao Māori strategy is underway and links all areas of the regulatory reform response.
3. Governance: The Council has endorsed proposed amendments to the Constitution, and these will be provided to the Ministry of Justice to instruct the Parliamentary Counsel Office to draft amendments.

Post-2018 and steps taken after the Cartwright Report

The article on page 10 looks at the progress made since the 2018 Working Group Report chaired by the Hon Dame Silvia Cartwright and known as the Cartwright Report. The Cartwright Report’s recommendations highlighted the need for a comprehensive review of the regulatory system, which was undertaken in the Independent Review.

As you may know, clearer standards of conduct were reflected in the revised Conduct and Client Care Rules. This included a new designated lawyer provision, clarified mandatory reporting obligations, and support for those who have experienced unacceptable behaviour.

There are some positive signs showing improvement relating to the culture around harassment, bullying, and discrimination in the legal profession. Last year, the 2023 Workplace Environment Survey reported a decline in the prevalence of sexual harassment, with lawyers much less likely to say that the behaviour was common in their workplace.

The 2023 survey noted that there is still a reluctance to seek support and speak up about unacceptable conduct for fear of the consequences or a distrust in the process. Breaking down those barriers is a work in progress, as we want to see lawyers raising these issues with their employers and the Law Society.

Becoming a modern, responsive regulator

Articulating a regulatory strategy for 2022-2025 has enabled us to proactively build a framework for the advancement of regulatory reform through preparatory work prior to legislative change or Government direction. I believe that this preparedness and proactive approach stand us in excellent stead for shaping and building a modern, inclusive, and world-class profession.

The substantive work to date in the regulatory area, combined with our focussed approach to wellbeing amongst the profession and work in building the confidence and trust of consumers, is pivotal to the Law Society’s role as the kaitiaki of an exemplary legal profession.

With the ground now well-tilled and a clear regulatory strategy focussed on immediate work programmes from 2022-2025, we look forward to working with our members and the wider legal community in growing and developing the profession.

1. By law, the practising certificate fee can only be spent on regulatory matters, so prior to this year member services were provided at zero cost to members.
2. Independent Review, March 2022. lawsociety.org.nz/about-us/independent-review