Professor Kate Diesfeld1, Dr Marta Rychert2, Professor Lois Surgenor3, Ms Olivia Kelly4, Dr Kate Kersey5
1Auckland University of Technology, School of Public Health and Interdisciplinary Studies, Private Bag 92006, Auckland, 0627, New Zealand, 2Massey University, SHORE & Whariki Research Centre, Private Bag 11 222 Palmerston North, 4442, New Zealand, 3University of Otago, Christchurch, Department of Psychological Medicine, PO Box 4345, Christchurch 8140, New Zealand, 4Auckland University of Technology, School of Public Health and Interdisciplinary Studies, Private Bag 92006, Auckland, 0627, New Zealand, 5University of Auckland, Centre for Addiction Research Faculty of Medical and Health Sciences, Private Bag 92019 Auckland Mail Centre, Auckland 1142 New Zealand
Abstract:
Disciplinary decisions are rich sources of information regarding the stresses that practitioners face. Many lawyers experience physical and mental health conditions that impair practice. A recent case study from New Zealand is the springboard to reflect upon how the Lawyers and Conveyancers Disciplinary Tribunal’s compassionate approach responded to a lawyer who experienced prolonged distress. However, a focus on decisions may conceal a more systemic gap in promoting lawyers’ wellbeing. This, and more recent cases, inspire questions regarding how New Zealand’s legal and regulatory framework could better attend to the wellbeing of lawyers. A comparative analysis of the regulatory regime for health practitioners and legal practitioners reveals a possible solution – a regulatory health pathway for New Zealand lawyers. The discussion is equally relevant to other registered professionals within, and beyond, New Zealand.