Aardvark Daily

Please visit the sponsor!

I am not a lawyer

Lawyers are what we call a "trusted" profession.

They are held to a high standard because in the course of their activities they may be trusted with significant sums of money, perhaps even millions in the case of conveyancing. Likewise, if you're relying on someone to defend you in a court where the stakes may be a significant fine or even loss of liberty, you need to be absolutely sure that the person you're paying meets minimum standards of knowledge and experience whilst also being deemed a "fit and proper person".

For this reason, "trusted" professions usually have some kind of body that is granted exclusive legal powers to act as a gatekeeper, vetting and approving applicants who wish to become practicing lawyers, doctors etc.

There are also very strong protections in law that make it a crime to hold yourself out to be a "lawyer" without a current practicing certificate -- the endorsement of the gateway body.

In the case of lawyers, this certifying body is The New Zealand Law Society and they provide access to the list of all NZ lawyers who have a current practicing certificate via this form.

The idea here is that if anyone has any doubt about whether someone who is being paid and rendering legal services, you can type their name into that form and verify that they are indeed legally entitled to call themselves a lawyer.

If you encounter someone being paid to dispense legal services (including advice) and who calls themselves a lawyer but does not appear on this list -- they will almost certainly be in breach of Section 21 of the Lawyers and Conveyancers Act 2006.

If prosecuted and convicted under Section 21 this act, an indivudual offender faces a a fine of up to $50,000 and, of course, a criminal record.

Clearly, the legal profession does not want its "trusted" status tarnished as the result of people using the title "lawyer" without having met the requirements to do so and the laws of the land have provided them with legislation with which to ensure that protection.

Right now, regular readers are probably wondering what on earth I'm rambling on about.

Well, the Chief Executive of the South Waikato District Council, Ms Susan Law (the same Susan Law who trespassed me from council meetings), has a law degree from Victoria University. She regularly uses the knowledge gained from earning that degree to provide legal advice and clarifications to the Mayor and other members of that council. It would also appear to me that she may well have relied on her own legal training when deciding to trespass me, quietly self-confident that she was within the law to do so.

This is all fine and legal. In fact, as far as I am aware, *anyone* can provide legal advice and even charge for it, so long as they do not hold themselves up to be a "lawyer". To claim to be a lawyer and provide such services for financial reward without the current practicing certificate that only the NZ Law Society can bestow would be a very clear breach of section 21.

Well guess what?

During the last meeting of the South Waikato District Council, held last Thursday, Ms Law *did* claim to be a lawyer. She uttered the phrase "we lawyers" while providing a legal definition and clarification to councilors.

This was livestreamed to anyone who was (or will) watch that stream or the archived video.

Ms Law held herself out to be a lawyer to all the councilors, the staff and the public of the district despite, according to the NZLS's own register, not having a current practicing certificate and therefore not meeting the legal definition of a "lawyer".

Yes, despite the fact she has a law degree and despite the fact that her surname is "Law", Ms Law is most definitely not entitled to use the title "lawyer" and thus falls foul of Section 21 of the Lawyers and Conveyancers Act 2006.

One could perhaps claim that it was "a slip of the tongue" and she never meant to imply that she was actually a lawyer herself.

Sorry, that doesn't hold water.

Did any member of staff or the council who was present when she made that statement seek clarification or correction?

No they did not. This would seem to imply that they actually believe she *is* a lawyer.

Even more telling -- I made a Facebook video for the local community in which I provided all the evidence I've mentioned here and even showed the video segment where she uttered the phrase "we lawyers" and that was uploaded almost a week ago, having since gained over 8,000 views from within the local population.

Has Ms Law since issued a public statement apologising for her mis-speak?

No she has not. She seems happy to allow the public to continue believing she is a lawyer when clearly, as evidenced by the NZLS register of those who can legally use the title, she is not.

In my honest opinion, this is just further proof that Ms Law and the council she leads believe that the laws of the land do not apply to them. They violate their own standing orders (which allow recording of public meetings without further permission), they have violated my rights under the Bill of Rights Act and the Human Rights Act and they seem to think that they are a higher authority than the parliament of this land.

I shall be filing a formal complaint with the NZLS and encouraging them to bring a prosecution under S21 of the Lawyers and Conveyancers Act 2006.

Stay tuned!

Unlike Ms Law, I do not claim to be a lawyer but I am vigilant, knowledgable and not prepared to be bullied by those who think they are a law unto themselves.

Carpe Diem folks!

Please visit the sponsor!

Here is a PERMANENT link to this column

Rank This Aardvark Page

Change Font