Mastering the art of pricing

The global financial crisis has changed the way the world does business, and professional services have not been immune. But competitiveness is not as simple as cost cutting, especially when it comes to a product that is as variable as the individual provider. Lawyers around the world are navigating solutions that…

Overseas innovation – from the top

The modernisation of legal services is an issue that is front of mind for firms of any size worldwide. The annual Financial Times Innovative Lawyers 2012 research paper released in October looks at how top European firms are adapting to meet changing market needs. LawTalk takes a look at the world’s…

From the Law Society

The role of an in-house lawyer continues to develop both nationally and internationally. The in-house section of the New Zealand Law Society, CLANZ, is committed to ensuring that New Zealand’s in-house profession is represented worldwide and is up to date with the latest issues. CLANZ section manager Helen Mackay recently represented New…

Criminalisation of breaches of directors’ duties could impact economy

Proposed legislation that would criminalise breaches of directors’ duties could have a negative impact on the economy, the Law Society says. The introduction of criminal liability for breaches of directors’ duties – as a “backstop” to civil liability – is intended to penalise and deter dishonest directors, but the Law Society…

Cartel criminalisation - clarity needed

The Commerce (Cartels and Other Matters) Amendment Bill should be clarified to give greater certainty to people in business acting in good faith, Law Society Law Reform Committee member Andy Nicholls said when presenting the Law Society submission to the Commerce Select Committee. In its submission the Law Society suggested improvements…

Prohibition of Gang Insignia in Government Premises Bill 2012 could breach rights

The Prohibition of Gang Insignia in Government Premises Bill is inconsistent with the right to freedom of expression protected by the New Zealand Bill of Rights Act 1990, the Law Society says. The bill prohibits the display of gang insignia in government premises. Presenting the Law Society’s submission on the bill to…

Law Reform report

Recent submissionsThe Law Society recently filed submissions on the: Marine Legislation Bill; Joint Family Homes Repeal Bill (principal and supplementary submissions); Commerce (Cartels & Other Matters) Amendment Bill (supplementary submission); Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill; Prohibition of Gang Insignia in Government Premises Bill; Legal Assistance (Sustainability) Amendment Bill (supplementary submission); Social Security…

Changing roles – how to move between in-house and out-house

Sole-practitioner Genevieve Hancock says her legal advice is “that much richer from having been an in-house counsel.” The former President of CLANZ, the in-house section of the New Zealand Law Society, Ms Hancock has moved between in-house and “out-house” roles during her career. She began her legal career as a graduate at…

Civil pecuniary penalties under spotlight

The Law Commission is seeking submissions on its recently published issues paper, Civil Pecuniary Penalties. Civil pecuniary penalties are monetary penalties, imposed by the High Court in civil proceedings on the balance of probabilities, and payable to the Crown. First used in legislation in 1986, they now appear in 15 Acts of…

Seeking immunity for anti-competitive conduct

In this issue of LawTalk, we begin a series by Auckland barrister John Land on competition law. An interesting and important issue is whether it is still possible to seek full immunity from penalty action by the Commerce Commission for anti-competitive conduct when you are already subject to a Commission investigation. Is…

NZ well placed to structure treaties carefully

New Zealand is well placed to apply lessons learned from international arbitration, according to one of the top practitioners in the field, American Lucy Reed, who visited New Zealand this month. International arbitration is “a young legal field, which, of course, has had its moments of adolescence but a lot of…

Vital skills for lawyering

Knowing the law is an “absolute given”, but there are other skills that are vital to lawyering, according to top-ranked international lawyer Lucy Reed. Two important areas Ms Reed identified during an interview with LawTalk were emotional intelligence and communication skills. “Everything we do, I don’t care if you are a securities…

Rural lawyers and sole practitioners in NZ

The recent LawTalk edition on The Rural New Zealand Lawyer got me thinking about some of the specific professional liability risks faced by rural lawyers in New Zealand as well as sole practitioners in our smaller towns. Three of the main risks to consider are advising outside your area of expertise,…

Principal incomes hold edge – over teachers at least

Back in 1980 the average net income before tax for a principal in a New Zealand law firm was $31,099. This was the finding of a New Zealand Law Society survey which was carried out by Heylen Research Centre. A secondary teacher at the top of the scale earned $18,054 (PPTA…

Most in-house use of external firms reviewed irregularly

Leading New Zealand in-house legal teams tend to have no set time periods for reviewing their relationships with external legal providers. This is one of the findings of a comprehensive report into key in-house legal practices. The report, 2012 ACLA/CLANZ In-house Counsel Report: Benchmarks and Leading Practices, is the result of a…

Is being a lawyer a health hazard?

Links between occupation and physical or mental conditions has long been the subject of anecdote. It’s a rich field of research for any aspiring PhD candidate, and there is an increasing flood of data on differences between occupations. Apart from a study on smoking carried out by Otago University Medical…

New Zealand Employment Law Guide, 2012 Edition

Reviewed by Philip Bartlett* Over the past 20 years or so, since the enactment of the Employment Contracts Act 1991, employment law has been one of the big growth areas in legal practice. Capitalising on this, CCH New Zealand Ltd and the other major legal publishing houses have produced many works dealing…

Residential Tenancies: The Law and Practice, 4th Edition

Reviewed by Amanda Spratt* When I was a student in Wellington, I left a pot on the stove for long enough that the soldering melted and ran, like drops of mercury, all over the kitchen linoleum. The molten metal burnt through to the floorboards (though thankfully missing my flatmate’s legs). I…

The bookshelf

Book of the Month: Guide to Company LiquidationBy Liesle Theron The intention of this book is to provide a quick and easy reference for anyone providing advice on company liquidation in New Zealand. Coverage includes statutory demands, appointment of liquidators, asset distribution, the powers and duties of liquidators and the liability of…

Lawyers Complaints Service: Fined $5,000 for falsely signing she had PI cover

For the second time this year, a lawyer has been censured and fined $5,000 for signing a statement that they had professional indemnity insurance when they did not. The first case was heard by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, Auckland Standards Committee v ABC [2012] NZLCDT 14. A…

Lawyers Complaints Service: LCRO increases fine after lawyer reneges on offer to complainant

A lawyer, B, who failed to make good on an offer he made to a client during a complaints investigation has had the level of his fine increased on review by the Legal Complaints Review Officer (LCRO). A Lawyers Standards Committee had reprimanded and fined B for his inaction on the…

Lawyers Complaints Service: Lawyer threatened disclosure of Falun Gong involvement

A lawyer, C, was found guilty of conduct unbecoming after threatening a client’s wife that the Chinese Embassy would be informed of her involvement with the Falun Gong organisation if she did not vacate the family home. Rule breachesIn a letter to the wife, C had stated, in bold type: “Unless…

Lawyers Complaints Service: Fined for not providing information to liquidators

An Auckland lawyer, A, was found guilty of unsatisfactory conduct and fined $1,000 by a Lawyers Standards Committee for failing to provide relevant information requested by liquidators under the Companies Act 1993. The complaint against A was laid by the liquidators of a trustee company, B. It related to the actions…