To: New zealand law society
Lawyer for child reform
Hold the new zealand law society accountable for their failings to regulate court appointed solicitors!!!
1.Change the complaint process to adhere to the lawyers and conveyancers act 2006.
2. Take out the referral to the family court to "deal with" the complaint (the practice notes do not absolve the law society's legal obligation and are currently being used as an abuse of process to delay and deny justice)
3. Abolish the term "no further action will be taken" while there is injustice, misconduct, mistreatment and abuse of process, empathy and acknowledgement of suffering should surpass administrative objectives to close files.
4. Complaints about any lawyer, solicitor or barrister should be dealt with exclusively by the new zealand law society, who hold a monopoly on the power to disbar anyone deemed not to be fit and proper to practice law in new zealand.
5. If any person can substantiate with evidence, that a lawyer has breached the lawyers and conveyancers act or they have failed their responsibilities to act with the child's best interests there should be clear and consistent consequences
6. Using a model similar to that used in criminal law, offences should be categorised into 3 sections:
1. Mild
2. Moderate
3. Serious
7. These categories of complaints require clear time frames to address these complaints and an option to replace the lawyer for child as interim relief to prevent further delays or damage in family court proceedings to protect and preserve justice and the children's best interests.
8. The complaints resolution should stipulate clear consequences for each category offending (similar to criminal law) such as:
1. Warnings and fines relative to the gravity of the offending. (usually time delays and abuse of court process)
2. Formal apology required, recusal, fines, suspension, other disciplinary measures comesurative to the offending
3. Instant dismissal.
Subsequent legal action for costs and damages open to the victims.
9. All complaints should be given merit based on evidence and all solicitors should have a strict 14 day response time. In accordance with the family court model for applications and responses. In matters regarding category 3 offences, this should be a strict 7 day response time.
10. Failure for the lawyer for child to respond to their complaint should be deemed as no contest and an automatic dispute resolution in accordance with the stipulated consequences.
11. Each complaint, if found to be substantiated with evidence should also award the party compensation and the solicitor should refund whatever payment they have received during their role for the duration of their offending.
12. Should the complaint process be unsatisfactory in their findings, a right of appeal should be awarded through and independent governing body such as the ombudsman addressing justice and fair trade practices of the law society.
The LCRO needs to be abolished.
1.Change the complaint process to adhere to the lawyers and conveyancers act 2006.
2. Take out the referral to the family court to "deal with" the complaint (the practice notes do not absolve the law society's legal obligation and are currently being used as an abuse of process to delay and deny justice)
3. Abolish the term "no further action will be taken" while there is injustice, misconduct, mistreatment and abuse of process, empathy and acknowledgement of suffering should surpass administrative objectives to close files.
4. Complaints about any lawyer, solicitor or barrister should be dealt with exclusively by the new zealand law society, who hold a monopoly on the power to disbar anyone deemed not to be fit and proper to practice law in new zealand.
5. If any person can substantiate with evidence, that a lawyer has breached the lawyers and conveyancers act or they have failed their responsibilities to act with the child's best interests there should be clear and consistent consequences
6. Using a model similar to that used in criminal law, offences should be categorised into 3 sections:
1. Mild
2. Moderate
3. Serious
7. These categories of complaints require clear time frames to address these complaints and an option to replace the lawyer for child as interim relief to prevent further delays or damage in family court proceedings to protect and preserve justice and the children's best interests.
8. The complaints resolution should stipulate clear consequences for each category offending (similar to criminal law) such as:
1. Warnings and fines relative to the gravity of the offending. (usually time delays and abuse of court process)
2. Formal apology required, recusal, fines, suspension, other disciplinary measures comesurative to the offending
3. Instant dismissal.
Subsequent legal action for costs and damages open to the victims.
9. All complaints should be given merit based on evidence and all solicitors should have a strict 14 day response time. In accordance with the family court model for applications and responses. In matters regarding category 3 offences, this should be a strict 7 day response time.
10. Failure for the lawyer for child to respond to their complaint should be deemed as no contest and an automatic dispute resolution in accordance with the stipulated consequences.
11. Each complaint, if found to be substantiated with evidence should also award the party compensation and the solicitor should refund whatever payment they have received during their role for the duration of their offending.
12. Should the complaint process be unsatisfactory in their findings, a right of appeal should be awarded through and independent governing body such as the ombudsman addressing justice and fair trade practices of the law society.
The LCRO needs to be abolished.
Why is this important?
This reform is essential for the welfare of the children who are currently being misrepresented by unregulated legal professionals in New Zealand. This reform will go a long way to revive the integrity of the justice system in new zealand. Currently there is no regulation for lawyers and Barristers in New Zealand beyond money related matters. This needs to change to improve the landscape of the family court which is in a critical condition at the best of times.
