By EUGENE BINGHAM political reporter
Proposed law changes aim to bring more independence to the processing of complaints against the profession.
Body1: Grappling with difficult complaints against lawyers will be the job of a new appeals body designed to bring more independence to the profession's disciplinary procedures.
Justice Minister Phil Goff said yesterday that a bill to be introduced next year would establish a back-up to the present system, to diminish public concerns about lawyers investigating their own kind.
The Legal Professions Bill would also remove lawyers' monopoly on conveyancing and give them the ability to do the work of real estate agents.
Mr Goff said the new disciplinary system would leave the initial investigation of complaints in the hands of the 14 district law society committees.
"But where they cannot be sorted out, there needs to be an appeal to a fairly independent complaints body and we would have in mind developing the law in that direction."
The changes reflect proposals developed by the previous Government. National's justice spokesman, Tony Ryall, said his party had wanted to develop a beefed-up Office of the Lay Observer with the power to investigate or reinvestigate complaints.
He said he would wait to see the new structure the Government had in mind, but believed it was a good idea to change the system.
"There are times when the public feel they aren't getting a fair go from the disciplinary process. There are benefits in having this enhanced role for a lay observer, but we don't know what the Government is going to do."
Law Society president Christine Grice said the present system did provide independence for the public.
A complaint was first investigated by the district society disciplinary committee, which decided whether to forward the matter to the disciplinary tribunal.
If people were dissatisfied, they could turn to a lay observer.
Where the society did want change was in the penalties it could hand out.
"At the moment it's either do nothing or strike them off. It's very rigid and we've been keen to see a little more flexibility."
District law societies deal with hundreds of complaints a year, ranging from minor problems such as dissatisfaction with correspondence, to misconduct allegations.
In the past year, the Auckland District Law Society dealt with 427 conduct complaints about the 3300 lawyers under its jurisdiction. It was asked to review fees for 259 clients.
New complaints body will police lawyers
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