New Zealand Law Society And Council For Legal Education At Loggerheads
A major dispute between the New Zealand Law Society and the COuncil for Legal Education is creating major problems for
overseas-qualified lawyers to practice in New Zealand and created a communications crisis at
the top level of the legal profession's administration.
The organisations' communication level has reached such a point that a recent NZLS decision has been challenged by the
Council for Legal Education, who threatened judicial review proceedings.
Communications between the two organisations, who share the same Wellington office building, have reached the point
where they are dealt with at board level. It is understood that the CLE, a statutory body charged with overseeing and
providing legal training, are at loggerheads with the NZLS in respect of requirements for requalification of much-needed
overseas lawyers, particularly those from the UK.
UK lawyers, admitted to practice by the Law Society of England and Wales, have a choice of routes to practice, including
some who qualify through a combination of degree study and practical experience. Some lawyers, who have 20-plus years'
experience in the UK have been made to jump through the CLE's requirements before they can practice in New Zealand.
These requirements are made notwithstanding that New Zealand lawyers have reciprocity with the UK Law Societies for
practice in that jurisdiction
LAWFUEL - New Zealand Legal News - A similar set of obstacles has been placed before similarly experienced lawyers from
Australia and Canada. The position has angered the lawyers involved, the professional bodies involved and law firms
wishing to employ competent, experienced, mid-level lawyers.
The recent crisis has erupted over a case involving an English solicito, Katherine Tomkinson, who the CLE required to
sit extensive further law exams, requirements which were considerably reduced by the NZLS's Admissions and Credentials
Committee.
The CLE, a 50 person body headed by Rosemary Gordon and chaired by Mr Justice Tipping, have been angered by the NZLS
position although the CLE have previously indicated they would review their requirements. Details of, or even the
veracity of the review claim are yet to be substantiated, but sources have told LawFuel that tensions between
the NZLS and CLE have risen to a point where the relationship has all but broken down.
Requalification of solicitors from common law jurisidictions is a significant issue affecting many lawyers and law
firms and it is also seen as something of a "power play" between the CLE and NZLS, with the former attempting to impose
its will upon the NZLS despite strong opposition.
Any review by the CLE is not clear to the law profession and the CLE have so far failed to communicate their position
with regard to the issue. In the meantime, the hoops through which "foreign" lawyers must jump are creating obstacles
for themselves and for healthy relations at the top level of the profession's administration.
ENDS