Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $185 - NZLS members and Associate members
• $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Independence of judgement, ability to anticipate and avoid conflicts, and knowledge of the rules and principles of professional responsibility in and out of court are essential qualities in the successful advocate. This module will explore the current law and some aspects of practice in this area including recent disciplinary cases. It covers material important for all lawyers working in any form of advocacy.

Topics will include:

• Update on disqualifying conflicts and debarring orders
• Boundaries of assertive advocacy and the perils of threats and scandalous allegations
• Terminating the retainer and withdrawal from acting
• Standards of competency in advising about litigation risk
• Standards of integrity and what it means to be an officer of the court
• Responsible dealings with witnesses and preparation of evidence
• Confronting your mistakes and self-care in advocacy practice.

Learning objectives

By completing this module you will gain:

• Knowledge of the approach taken by the courts and regulators.
• Skills to think critically and identify an issue before it becomes a problem.

Electronic paper 

Authors: Paul Collins, Richard Fowler KC
Published: 30 May 2024
Pages: 35

Introduction

The boundaries of fearless advocacy in the pursuit of a client’s cause in or out of court is a persistent theme in professional disciplinary cases. So far as courtroom conduct is concerned, the comments of the Court of Appeal in Gazeley v Wellington District Law Society [1976] 1 NZLR 452 continue to apply; while lawyers enjoy many privileges and, in their courtroom conduct, some immunities, their conduct must be characterised by decency and fairness at all times and they must not abuse their status to cause harm to others.

Examples of recent cases coming before the Disciplinary Tribunal where the line was found to have been crossed are: Auckland Standards Committee 4 v O’Boyle [2021] NZLCDT 15 (liability) and [2021] NZLCDT 27 (penalty), and A v Auckland Standards Committee 1 of the New Zealand Law Society [2024] NZHC 465. The first of those was concerned with harmful letters sent the other party’s employer and others, and the second with an improper threat found to amount to blackmail.

PowerPoint Presentation

These are the slides included in the presentation.