Practice Notes
The COVID-19 virus has been circulating as a global pandemic for almost two years. During this time the New Zealand Government’s response has been to isolate and eliminate the virus when it has passed through our borders with quarantine, lockdowns, and alert levels. The New Zealand Government has now moved to a new strategy of protection through vaccination and the introduction of the COVID-19 Protection Framework, to minimise the health impacts of the virus and reduce the spread.
Conveyancers who chose to work as a consultant may have several reasons for doing so. It can offer greater flexibility in the work environment with the opportunity to perhaps work fewer hours and have less administration work. Becoming a consultant usually means a change in employment status in that it becomes a self-employed position rather than employed under the Employment Relations Act. This does raise some regulatory issues.
As indicated in the Presidents report from the Society’s annual general meeting earlier this year, the Board was awaiting a decision of the Legal Complaints Review Officer (“LCRO”) in relation to a (Society of Conveyancers) Standards Committee (“SC”) own motion complaint and determination on the topic of what is acceptable work for Conveyancing Practitioners (“CP”) to engage in on behalf of clients.
A recent case involving a lawyer who was censured by the Disciplinary Tribunal highlights the critical importance of recognizing conflicts of interest. The lawyer failed to identify such conflicts while representing a vulnerable client with early-onset dementia in a conveyancing transaction involving family members.
This practice note serves to update you on the independent review conducted by Buddle Findlay of the NZSOC's conflict of interest waiver, particularly regarding its use when an NZSOC member acts for both parties in a transaction. Considering recent commentary from the Lawyers and Conveyancers Disciplinary Tribunal, we see an opportunity to enhance the waiver further. This practise note has direct reference to PN#004 – Identifying Conflict of Interest.
