New Zealand Law Society - In-house lawyers

In-house lawyers

Not all of the new requirements in the amended Conduct and Client Care Rules apply to in-house lawyers. The following are aspects you should be aware of if you work in-house.

As an in-house lawyer, you must be aware of the requirement that when acting in a professional capacity you must conduct yourself in a manner consistent with membership of the legal profession.

Definitions and clear expectations
There are specific prohibitions for behaviour such as bullying, harassment, and discrimination which are defined under Rule 1.2. This clarifies exactly what sort of conduct is prohibited.

All lawyers, including in house lawyers, have an obligation to report misconduct

There are general reporting obligations on all lawyers, but

Under Rules 2.8 and 2.9:

  • You are required to submit a confidential report to the Law Society if you have reasonable grounds to suspect another lawyer may have engaged in misconduct.
  • You have a discretion to make a confidential report to the Law Society if you have reasonable grounds to suspect another lawyer may have engaged in unsatisfactory conduct.

These reporting requirements do not apply to victims of suspected misconduct.

How to make a report

You can make a report or a complaint by:

In-house lawyers do not have to nominate a designated lawyer

In-house lawyers are not affected by the requirement for a law practice to have a designated lawyer. This amendment only applies to ‘law practices’, which are defined as an individual in practice on their own account or an entity that provides regulated services to the public.

As an in-house lawyer, you must be aware of the requirement that when acting in a professional capacity you must conduct yourself in a manner consistent with membership of the legal profession.

Further information:

Read the guidance for lawyers to support the implementation of the new rules

Fact sheets: downloadable and printable

For more information please email our Regulatory team regulatory@lawsociety.org.nz

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