New Zealand’s employment dispute system is unusual in permitting non-lawyer representatives (“Advocates”) to advise and represent clients alongside lawyers. While Advocates have practised for many years in the Employment jurisdictions , little is known about their business models, pricing, or contribution to access to justice. This study provides an empirical account of this under-examined segment of the market. Drawing on interviews with 12 Advocates, we describe how Advocates set prices, select clients, and differentiate their services from lawyers. We find substantial heterogeneity in pricing, shaped by client characteristics, case complexity, and perceived outcomes, with widespread use of win, no-fee” arrangements for employee-clients and hourly billing for employer-clients. Advocates’ freedom from two key regulatory constraints that bind lawyers (rules around “no-win, no-fee” pricing and the cab rank rule) has an uncertain effect on affordability and access for clients. Although some Advocates charge hourly rates comparable to lawyers, their flexible fee offers and service style may expand access to legal assistance for clients who would otherwise forgo it. Concurrently, the absence of regulation raises questions about client confusion and market transparency. The findings lay empirical groundwork for future research on pricing, population size, and the systemic effects of non-lawyer providers in legal services markets.
Toy-Cronin et al. (Sat,) studied this question.