On 1 August 2008 the Lawyers and Conveyancers Act 2006 came into force. It provides the terms of the current regulatory bargain struck between the state and the New Zealand legal profession. Barely 16 months later the profession was served notice that the basis of that bargain might radically change. To an academic lawyer with a practising certificate, this is both a tantalising research opportunity as well as a professionally unsettling prospect. Part 1 of this paper explores the current regime (...) of co-regulation in New Zealand, barely bedded down after substantial reform. Part 2 suggests some potential case studies where such failure to exhibit integrity is egregious and traverses the impediments to researching why such lawyers fail. Part 3 asks whether a wholesale change to external regulation would better advance competency and integrity and reduce lawyer deviancy. (shrink)

Governance and discipline of the legal profession is a highly topical issue in the New Zealand and has been the subject of recent reform, with a move to a more co-regulatory structure. An explanation of that context follows, together with an overview of how the Disciplinary Tribunal under the Law Practitioners Act 1982 and its successor under the Lawyers and Conveyancers Act 2006 approach strike-off or suspension as the penalty in what would currently be termed 'misconduct' cases. Case studies and (...) comparisons of the responses under the prior and current regimes are included. Finally some conclusions are drawn about whether the sanctioning of lawyer deviance is changing. (shrink)