AI Article Synopsis
- A New Zealand disciplinary tribunal adopted a compassionate approach in a 2023 case involving a lawyer's misconduct linked to health issues, particularly reproductive treatment impacts.
- The article highlights the lack of a dedicated health pathway in New Zealand's legal discipline framework, suggesting this as a point of comparison with health practitioners' disciplinary processes.
- It also explores alternative ways to handle cases of impaired lawyers outside the formal disciplinary system, weighing the pros and cons of mandatory reporting, and draws parallels with health-promoting strategies from other professional sectors.
Article Abstract
A recent decision reveals how a New Zealand's disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a 'merciful approach' when assessing the lawyer's misconduct and health issues. In [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner's conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand's framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions.
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Source |
|---|---|
| http://www.ncbi.nlm.nih.gov/pmc/articles/PMC11185847 | PMC |
| http://dx.doi.org/10.1080/13218719.2024.2340098 | DOI Listing |
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