Document Type : Article

Authors

1 Ph.D. in Public Law, Law faculty, Tehran University, Tehran, Iran

2 Member of the Constitutional Council Research Center, Tehran, Iran.

3 Ph.D. Student in Public Law, Law Faculty, Tehran University, Tehran, Iran.

4 Ph.D. Student in Criminal Law and Criminology, Farabi College, University of Tehran, Qom, Iran

10.22059/jplsq.2022.341275.3061

Abstract

By defining the nature of the legal institution as a public service, the profession spaced from the private initiative of lawyer and client and highlights the role of a pillar in the name of the state with the goal of providing general benefits and supporting consumers of legal services. This research studying the library and adopting a descriptive analytical approach, as explaining the components of the New Zealand state, in regulating the law of the lawyer, the result of the state's attempts to look beyond the private contract to this profession and its definition as Has been a public service. The most important law governing the profession of lawyers in this country is lawyers and conveyancers of 2006. This law has granted a widespread competence to the New Zealand state on supervision of lawyers; crude issues have also been monitored and provided by the state to macroeconomics in this profession. Determining the terms of this profession is also with government officials. Despite some criticism of this widespread authority, the positive results of the regulation of this profession, including increasing satisfaction,competitive professional profession, and easy access to legal services, have gone to the need for state intervention in regulating this profession

Keywords

Main Subjects

  1. English

    1. A) Articles
    2. Adlam, G. (2019). A changing profession Newzeland law society 1869-2019. Law Talk. 64 )932(, 18-40.
    3. Barnett, J. Snap shot of the profession 2021. Law Talk. 66 )948(, 36-43.
    4. Buckingham, D. (2012). Disciplining Lawyers in New Zealand: Re-Pinning the Badge of Professionalism. Legal Ethics. 15 )1(, 57-82.
    5. Domberger, S. & Sherr, A. (1989). The impact of competition on pricing and quality of legal services. International Review of Law and Economies. 9 (3), 41-56. https://doi.org/10.1016/0144-8188(89)90005-7
    6. Grove, M. & Derham, M. (2004). Shold advocats` immunity continue?. Melbourne University Review. 28 (791), 81-125.
    7. Terry, L. S., Mark, S. & Gordon, T. (2012). Adopting regulatory objectives for the legal profession. Fordham Law Review. 80 )4(, 2685-2760.
    8. Woolley, A. (2014). Lawyers and the Rule of Law: Independence of the bar, the Canadian constitution and the law governing lawyers. 24 National Journal of Constitutional Law, 1-24.

     

    1. B) Report
    2. Cox, N. (2009). the Effect of the Lawyers and Conveyancers Act on the Independent Bar, Retrieved January 22, 2021.researchgate.net/publication/46408388_The_Effect_of_the_Lawyers_and_Conveyancers_Act_on_the_Independent_Bar.

     

    1. C) Acts and Regulations
    2. Fair Trading Act 1986.
    3. Lawyers and Conveyancers Act 2006.
    4. Law Practitioners Act 1982.
    5. New Zealand Law Society’s Act 1869.
    6. New Zealand Law Society Act 1869 Amendment Act 1877.

     

    1. D) Other sources
    2. The independence of lawyers (2002). 28ème Colloquy on European Law. http://www.alanuzelac.from.hr/pubs/B17bayonne.pdf

     

    References In Persian:

    1. A) Book
    2. Tangestani, M. g. & Moradi berlian, M. (2017). The concept and scope of the independence of the lawyer and the association of lawyers and the government's justified supervision over it, focusing on the judiciary. Tehran: Judiciary Research Institute (In Persian).

     

    1. B) Article
    2. Heydari, L. (2008). Independence of the lawyer in the fair trial process in the international human rights system and the Iranian legal system, Master's thesis, Under the supervision of Hossein Ali Moezenzadegan. Tehran: Allameh Tabatabai University, Faculty of Law and Political Sciences, date of defense 6/31/1389 (In Persian).