Public Law Studies Quarterly

Regulation of the Legal Services Market by the Government:‎ A Case Study of the New Zealand Bar Association

Document Type : Article

Authors

Mohammad Sadegh Farahani 1
Ali Fattahi Zafarghandi 2
Mohamad Reza Ghasemi 3
Mahdi Shirzadi 4

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

https://doi.org/10.22059/jplsq.2022.341275.3061
Abstract
By defining the nature of legal representation as a public service, this profession has distanced itself from the private initiative of individuals (lawyers and clients), and the role of a third party, namely the government, has become prominent with the aim of ensuring public benefit and protecting consumers of legal services. This research, through a library study and adopting an analytical-descriptive approach, aims to elucidate the components of the New Zealand government's intervention in regulating the legal services market, particularly the profession of law. It concludes that in this country, the government's efforts have focused on establishing a perspective that goes beyond private contracts and defining the profession as a public service. The most important law governing the profession of law in New Zealand is the Lawyers and Conveyancers Act 2006. This law grants the New Zealand government extensive authority over the supervision of lawyers; issues ranging from setting fees to overarching policy-making in this profession are under the government's oversight. The conditions for practicing this profession are also determined by government authorities. Despite some criticism regarding these extensive powers, the positive outcomes of regulating this profession, including increased public satisfaction, elimination of monopolies, enhancing competition in the legal profession, and easier access to legal services, have further highlighted the necessity of government intervention in the regulation of this profession.

Keywords

regulation
‎ bar association
‎ state intervention
‎monitoring
‎ practice of law.‎
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).
Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2245-2268

  • Receive Date 17 April 2022
  • Revise Date 30 October 2022
  • Accept Date 01 November 2022

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