Lifeline for lawyers

LawTalk began 2012 with a feature on the Law Society’s Practising Well initiative. We end the year featuring Practising Well once again. A major new feature was added to the Law Society’s Practising Well programme this year ‒ a link to an independent, completely confidential counselling service. The team of qualified professional…

Helping lawyers to practise well

The Law Society’s Practising Well initiative began in 2009. Its genesis was a Law Society Women’s Consultative Group project, investigating the effect of stress and resulting depressive disorders within the legal profession. The Women’s Consultative Group prepared an article Lifting the veil of secrecy – depression in our profession, which was published…

Practising well includes relaxing and recharging

Yes. It really is December, already. We’re all scrambling toward the Christmas break with the promise of sleep-ins, good weather (please), over-eating and “popping bottles”, maybe even a trip away with the family. But how many of us are actually going to mentally break away from the office by disconnecting virtually? An AA…

The dangers of travelling with proprietary information

With four in 10 New Zealanders continuing to work while travelling, it is important to know the risks of carrying proprietary information. An article in the New York Times 10 February 2012 showed the great lengths that a senior fellow in Foreign Policy and Global Economy and Development at Brookings Institution…

From the Law Society

This is the last LawTalk for 2012 and it is an appropriate time to reflect on the past year. Not only has the economic downturn put continuing financial pressure on lawyers in every area of practice, but there has also been a raft of government policy changes and proposals that will…

Tentative economic optimism ahead

A sea change may be in store for New Zealand lawyers in 2013, but considering the stormy 12 months weathered by many in 2012, smooth sailing is not predicted quite yet. The November BNZ confidence survey found fiscal expectations for the state of the New Zealand economy in a year’s time…

Family Court Proceedings Reform Bill

Justice Minister Judith Collins introduced the Family Court Proceedings Reform Bill to Parliament on 27 November. The Bill makes significant changes to the Care of Children Act 2004 (COCA) and the Family Courts Act, which is re-named the Family Disputes (Resolution Methods) Act 1980 (FDRMA). Lawyer for ChildS7 of COCA has been…

LawTalk readership survey

LawTalk carried out a readership survey in October and November 2012. The survey was included in LawTalk 807, published on 26 October, and reminders were also carried in the weekly LawPoints e-newsletter. Everyone who participated in the survey is thanked for their input. There was a good response rate and the…

Research fellow will study cross-examination

Emily Henderson will research the reform of cross-examination as the 2012 New Zealand Law Foundation International Research Fellow. Her award of the fellowship was announced at the New Zealand Law Foundation 2012 Annual Awards Dinner, hosted by Justice Minister Judith Collins at Parliament’s Grand Hall on 29 November. A former Crown prosecutor,…

Cleary Prize shared this year

Two lawyers have won the 2012 New Zealand Law Foundation Cleary Memorial Prize. Catherine Harwood and Rebecca Rose were announced as this year’s winners at the Law Foundation’s 2012 Annual Awards Dinner, hosted by Justice Minister Judith Collins at Parliament’s Grand Hall on 29 November. Ms Harwood, who has a strong interest…

New Financial Assurance Manager

Jeremy F Kennerley is the New Zealand Law Society’s new Financial Assurance Manager. The Financial Assurance Scheme was established in 1998 with the aim of protecting money entrusted to law practices. It includes an inspectorate, currently comprising the Financial Assurance Manager and eight inspectors, who are located in Auckland (3), Hamilton…

New Commerce Commission Enforcement Response Guidelines

On 23 November, the Commerce Commission announced new guidelines concerning how its Competition Branch enforces the consumer and competition legislation for which the commission is responsible.1 Knowledge of the guidelines will be important to advisers seeking to avoid clients incurring the expense and potential liability involved with defending proceedings by the…

Good faith in employment law

The 2012 Employment Law Conference explored some notable changes to employment law with the most important element being that of good faith. The NZLS CLE Ltd biennial conference attracted 380 participants to the Langham Hotel in Auckland, where they were brought up to speed with current employment law developments. Peter Chemis, event…

Pre-1990 forest land deforestation liability

The Climate Change Response Act 2002 (CCRA) provides for full or partial exemptions when land is deforested. Clients need quality advice from a person with some expertise on the CCRA and its regulations, someone who is able to present solutions that best meet their client’s needs. For lawyers, that may mean…

Corporate Governance: A Practical Handbook

Edited by Karen Martyn Reviewed by Christine Grice* This is a compact book which delivers what it promises. It is a practical guide for directors which keeps theory to a minimum. It is a hands-on “how to” guide, complete with forms and checklists which are also available on a CD Rom accompanying the…

Campbell On Caveats

Reviewed by John Greenwood* Neil Campbell’s hardcopy version, adopted from Chapter 10 of the looseleaf and online service of Hinde McMorland & Sim Land Law New Zealand, is a quick tool for property lawyers and those involved with litigation concerning caveats. The idea of extracting a hardcopy version from a learned text is very…

Courtroom Procedure In New Zealand: A Practitioner’s Survival Kit, 4th Edition

Reviewed by Jamie Grant* Courtroom Procedure is targeted at practitioners with little or no courtroom experience and it succeeds admirably at providing practical guidance as well as a comprehensive description of the minutiae of formalities encountered in New Zealand’s courts. Now on to its fourth edition, it is clear from the outset…

The bookshelf

Book of the month: Cross on Evidence, 9th editionEdited by Don Mathieson QC This is the ninth New Zealand edition of an English work first published in 1958 by Sir Rupert Cross. The first New Zealand edition was published in 1963. The book provides the text of the Evidence Act 2006, consolidated…

Lawyers Complaints Service: Barrister who swore false affidavit struck off

Auckland barrister John Dorbu has been denied leave to appeal a High Court decision upholding his strike off. This decision came almost two years after the New Zealand Lawyers and Conveyancers Disciplinary Tribunal struck Mr Dorbu from the roll in September 2010 when it found that 11 of 12 charges brought…

Lawyers Complaints Service: Fined for poor communication and inadequate supervision

A lawyer, A, has been censured and fined $2,500 after a Lawyers Standards Committee found that he had provided inadequate supervision of a solicitor, B, in his firm and there was poor communication with a client. The standards committee found that A had breached the Lawyers and Conveyancers Act (Lawyers: Conduct…

Lawyers Complaints Service: Breach of intervention rule

In separate disciplinary decisions, two barristers were found guilty of unsatisfactory conduct after acting without an instructing solicitor. One was fined, while the other was censured and ordered to cancel a disputed bill. $500 fine for acting without instructing solicitorA client’s complaint included claims she had been overcharged and that there…