New Zealand Insitute of Legal Executives

Code of Ethics

INTRODUCTION

Persons registered as members of The New Zealand Institute of Legal Executives Inc (the Institute) become bound by its Rules.  They must:

  1. support the aims and objects of the Institute; and
  2. uphold the standards of professional practice prescribed in the Code of Ethics.

The Rules provide for a Disciplinary Committee to be established which has power to consider and determine any complaint that a member is guilty of conduct unbefitting a member of the Institute.  The Committee may decide that such a person be expelled or suspended from membership.

INTERPRETATION

  1. ‘Members’ includes all categories of membership of the Institute.
  2. References to the singular include the plural and vice versa.
  3. References to one gender include the other gender.
  4. Where members are subject to jurisdictions or legal systems other than those of New Zealand they are expected to comply with these professional standards as well as those of the jurisdiction they are in.  Regard shall be had to the International Bar Association's International Code of Ethics.
  5. 'Principal' means any lawyer under whose name the Institute members are practising whether that lawyer be the employer or is retained by a company, firm, government department, local or territorial authority.

THE CODE OF ETHICS

Members shall conduct themselves in their professional life and employment in such manner:

  1. as to avoid any action or situation which may bring disrepute upon the Institute or its members;
  2. as to avoid doubt being cast upon their own professional integrity;
  3. as will assist in the impartial administration of justice;
  4. as will recognise that the interests of the client are paramount to those of all others; save that at all times and in all matters members’ primary and overriding duty is to uphold the laws of New Zealand;

and shall observe and be bound by this Code of Ethics and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

Members shall not:

  1. misuse the trust reposed in them nor reveal confidential information other than to those entitled to receive it;
  2. for the personal gain of themselves or their family take advantage of information gained in the course of their conduct of any matter;
  3. discriminate against any person or treat any person less favourably because of their age, ethnic or national origin, sex, sexual orientation, religion or political persuasion than they would treat others.

Members shall at all times work within the framework of the law and shall use their best endeavours to avoid any breach of the law by their employer or clients.

GENERAL

  1. Members should accept such work as they are competent to handle and perform such duties without fear or favour but where advisable obtain additional expertise or guidance as directed by the Principal.
  2. Members should endeavour to maintain the highest level of legal knowledge within their chosen field and to that end gain an understanding of changes in the law or legal practice.
  3. Members should consider themselves accountable for their own work and ensure that those they supervise are equipped to carry out their duties in a competent manner.
  4. Members should ensure that they and their subordinates are familiar with:

(a) the Lawyers and Conveyancers Act 2006 and any amendments thereto;

(b) the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008;

(c) the Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008;

(d) the Lawyers and Conveyancers Act (Trust Account) Regulations 2008;

(e) relevant New Zealand legislation.

  1. Members should not without the specific consent of a client give any interview or make any public statement relating to the client or the affairs of the client whether or not the client is involved in a matter of public knowledge.

EMPLOYMENT

  1. Members shall use their best endeavours to avoid circumstances in which their duties and their private interests conflict or may appear to conflict and will make immediate and full disclosure of any personal interest which may occur to both their Principal and the client.
  2. Members shall not receive a reward, whether financial or otherwise, of which a client is unaware in respect of services rendered to the client.
  3. Members shall not act for more than one party in the same transaction or matter without the prior informed consent of both or all parties and their Principal.
  4. Members shall refrain from acting or advising in any matter where their ability to advise objectively may be impaired.
  5. Members shall at all times keep the client promptly and effectively informed of progress and developments in the matter being undertaken.
  6. Members shall always use their best endeavours to ensure the safety and security of deeds, documents and data whether under their personal control or in the care of their Principal.
  7. Where members become aware of a potential claim for negligence they shall immediately inform their Principal.

OTHER

  1. Members, in dealings with other professionals, whether in the same employment or not, will recognise that each has obligations to their own client and to their Principal and will not attempt to injure the reputation or professional standing of another professional.
  2. Members shall promote and maintain proper standards of professionalism in relations with lawyers, conveyancing practitioners and other members and shall not impugn another's reputation.