Lawyers and Conveyancers Act (Lawyers: Income Sharing With Patent Attorneys) Regulations 2008 (SR 2008/220)

Regulation by clause

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 August 2008, set out the circumstances in which lawyers and patent attorneys may share income. Income may be shared between—

  • a practice and a patent attorney firm:

  • a mixed practice and a practice:

  • a patent attorney firm and a mixed practice:

  • lawyers and patent attorneys in the same mixed practice:

  • lawyers and patent attorneys in a company carrying on business as a patent attorney pursuant to section 103(2) of the Patents Act 1953.

The term mixed practice covers a firm that includes both lawyers and patent attorneys within a partnership.

Regulation 5 requires practices and mixed practices to give notice of certain matters relating to income-sharing arrangements to the New Zealand Law Society.

Regulation 6 is a transitional provision relating to notices.

Regulation 7 ensures that information provided by lawyers in mixed practices informs consumers, potential clients, and existing clients whether they are dealing with a lawyer or a non-lawyer.

Regulation 8 provides that certain rules set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 do not apply to lawyers providing services under an income sharing-arrangement.