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Online CPD Module l Electronic booklet l PowerPoint Presentation
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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:
By completing this module you will gain:
Authors: Paul Collins, Richard Fowler KC
Published: 30 May 2024
Pages: 35
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.
These are the slides included in the presentation.
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