6 April 2011

The New Zealand Law Society is advising users of legal services to be aware of their rights if they seek legal advice over the internet.

“People should be aware that they are entitled to the same rights and protections if they look for a New Zealand lawyer online as if they go to consult one in person,” says Law Society President Jonathan Temm.

“Recently there has been a proliferation of websites which offering legal services to the public. These include services such as will preparation, applications for limited drivers’ licences and trust formation,” Mr Temm says.

If electing to use one of these sites, consumers should be aware of the requirements and restrictions placed on providers of legal services in New Zealand.

“As a client you are entitled to certain information about the lawyer working for you,” Mr Temm says.

“A lawyer must provide you with their terms of engagement in writing before they start working for you. This includes information about the fees they charge, whether or not they hold indemnity insurance and also how you can make a complaint about the lawyer if you are unhappy with the service you receive.”

Mr Temm says if a lawyer asks for payment in advance, the payment must be made into a lawyer’s trust account.

“The trust account is the repository for client money and fees cannot be deducted unless the lawyer has provided the client with an account for the services carried out or unless the client gives an authority for the deduction in writing.”

People should be wary of websites offering legal services that do not specify that a lawyer will work for them.

“One risk is that you could end up paying for information or forms that are freely available elsewhere; but worse is that if you don’t know who is providing you with the service, you may not have any recourse if things go wrong,” says Mr Temm.

Only a holder of a current practising certificate issued by the New Zealand Law Society may refer to themselves as a “lawyer” (or law practitioner, legal practitioner, barrister, barrister and solicitor, solicitor, attorney-at-law or counsel) in New Zealand. These practitioners are regulated by the Law Society and are bound by the Lawyers Conduct and Client Care Rules to protect their clients’ interests.

Only a lawyer can offer legal advice in areas of work which are classified as “reserved” under the Lawyers and Conveyancers Act 2006. This covers giving advice in relation to actual or potential legal proceedings.

ENDS

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