Case commentary: a ‘merciful approach’ to discipline for a New Zealand lawyer’s misconduct
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Date
2024-05-12
Open Access Location
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Taylor and Francis Group
Rights
(c) 2024 The Author/s
CC BY-NC-ND 4.0
CC BY-NC-ND 4.0
Abstract
A recent decision reveals how a New Zealand’s disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a ‘merciful approach’ when assessing the lawyer’s misconduct and health issues. In Auckland Standards Committee 3 v Ms W [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner’s conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand’s framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions.
Description
Keywords
disciplinary proceedings, health pathway, impairment, lawyers’ discipline, mandatory reporting, name suppression, professional discipline, rehabilitation
Citation
Diesfeld K, Rychert M, Surgenor LJ, Kelly O, Kersey K. (2024). Case commentary: a ‘merciful approach’ to discipline for a New Zealand lawyer’s misconduct. Psychiatry, Psychology and Law. 31. 3. (pp. 574-586).