International Journal of the Legal Profession
Volume 26, Issue 2-3, 2019, Pages 265-294

New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017* (Article)

Moore J.S.* , Forster C. , Diesfeld K. , Rychert M.
  • a Faculty of Law, University of New South Wales Law, Sydney, Australia
  • b Faculty of Law, University of New South Wales Law, Sydney, Australia
  • c School of Public Health and Psychosocial Studies, Auckland University of Technology, Auckland, New Zealand
  • d School of Public Health and Psychosocial Studies, Auckland University of Technology, Auckland, New Zealand

Abstract

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice. © 2018, © 2018 Informa UK Limited, trading as Taylor & Francis Group.

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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85057340283&doi=10.1080%2f09695958.2018.1543119&partnerID=40&md5=759f3de210bf08f60dfa5715f66db451
DOI: 10.1080/09695958.2018.1543119
ISSN: 09695958
Original Language: English