The preface to the Rules provides:

“To the extent appropriate, these rules define the bounds within which a lawyer may practise. Within those bounds, each lawyer needs to be guided by his or her own sense of professional responsibility. The preservation of the integrity and reputation of the profession is the responsibility of every lawyer. Lawyers may seek guidance on the application or interpretation of these rules from the Law Society’s Ethics Committee.”

The Committee can give guidance on all aspects of the Rules, including those on the rule of law and the administration of justice, competence and client service, independence, client interests, confidential information, fees and professional standards.

In order for the Committee to be able to accept a matter for consideration, the request for guidance must:

1. Originate from a lawyer, lawyers or a law practice (i.e., not from members of the public);
2. Relate to the Rules;
3. Not involve the subject matter of a complaint or an own motion inquiry under the Lawyers and Conveyancers Act 2006 (e.g., a matter that the lawyer or law practice is aware was previously determined by, or is currently before, a Standards Committee or is likely to go to a Standards Committee);
4. Not involve disputed facts; and
5. Not require the Committee to receive privileged information.

Although guidance given by the Committee is informal and not binding on any party or decision-maker, lawyers seeking guidance may agree between themselves to be bound by the Committee’s guidance.

All information provided to the Committee is treated in confidence, however the Committee would be obliged pursuant to r 2.8.4(a) of the Rules to disclose any such information to the Law Society if the Committee were to consider it necessary to prevent the anticipated or proposed commission of a crime or fraud, or to prevent a serious risk to the health or safety of any person. On occasion, the requests may also be published in a summary form without identifying details.

Current members of the Committee include Paul Collins barrister (Convenor), David Laurenson KC (Deputy Convenor), Glenn Dixon at Ministry of Justice - Public Defence Service, Kirsten Gray barrister, Richard Smith barrister, and Ryan Keen at Corcoran French.

For more information about how to seek guidance from the Committee please contact Jin Cha, Secretary of the Ethics Committee at ethics.committee@lawsociety.org.nz.