Listening to the other side - Lawyers in ADR

The use of the word “alternative” when describing out of court dispute resolution has been “unfortunate” according to mediator Warren Sowerby. Bankside Chambers barrister and mediator Mr Sowerby, who can boast more than 1,900 mediations with over 15,000 participants, argues the word “alternative” has given rise to the suggestion that it…

In the court of public opinion - crowd-sourced dispute resolution

Arguments over the year Captain Cook first set eyes on Aotearoa, or what the F in JFK stands for* are now settled online. However questions remain over whether digital natives will be comfortable resolving personal life disputes on the world wide web. Websites addressing personal questions are already cropping up all…

From the Law Society

Professor Dame Hazel Genn QC launched a stinging attack on the promotion of mediation at the expense of the civil justice system, coining the phrase: “Mediation is not about just settlement but just about settlement.”1 The quip is often made in discussions about mediation processes versus adjudication. In fact the comment…

Moving towards CPD

The Law Society is working on an initiative to require all New Zealand lawyers to complete a required level of continuing professional development (CPD) each year. This is likely to take effect from 1 April 2014, with lawyers able to participate from 1 October 2013. Study groupsNew Zealand’s CPD initiative has…

The crucial role of emotions

Emotions are an important aspect of our psychological wellbeing, and therefore our overall mental health. When we say we are feeling good or we are happy, we are usually experiencing a range of positive (approach) emotions such as joy, hope, contentment, or love. Negative (avoidance) emotions such as fear, sadness, contempt…

State sector delegation power changes raise concerns

Proposals to amend the State Sector Act to expand the delegation powers of departmental chief executives raise three concerns, the New Zealand Law Society says. The Law Society presented its submission on the State Sector and Public Finance Reform Bill to Parliament’s Public and Administrative Law Committee on 20 March. The bill…

Resource Management Reform bill needs changes to achieve resource management 'streamlining'

The New Zealand Law Society believes amendments are necessary for the Resource Management Reform Bill to achieve the government’s outlined objectives. The stated purpose of the Bill is to streamline the resource consent regime and improve the Resource Management Act’s workability. The Law Society presented its submission on the Bill to the…

Mandatory IPONZ system use raises issues

Making use of the Commissioner of Trade Mark’s online case management system mandatory when communicating with the Intellectual Property Office of New Zealand (IPONZ) raises a material risk of injustice, the New Zealand Law Society says. Commenting on draft Case Management Facility Guidelines circulated by IPONZ, the Law Society says the…

SOP sinks mining protesters

The Government appears to be developing a practice of using post-Select Committee supplementary order papers (SOPs) as a portal through which to rush controversial law changes. In February this year, the Corrections Minister used an unrelated Bill as the means of resuscitating her gasping prison smoking policy (see Bill validates prison…

Brookers A to Z of Legal Terms

Question: “Otitapu Pa”, “itinerant aircraft”, “arguable case” and “it is necessary”. What do they have in common? Answer: They have all been legally defined, either by current New Zealand legislation or by a New Zealand court. As such they qualify for inclusion in the first New Zealand e-book from Thomson Reuters…

Forsyth Barr iPhone app

Forsyth Barr says its Investment Insights iPhone app has been tracking well since it was released in December last year. The Investment Insights app provides a way for people to monitor movements in securities as well as follow market news. The app also contains Forsyth Barr’s investment view of over 60 NZX…

Swinging doors - the increasing ability to change fields

A job in-house no longer means closing the door to firm life. In fact these days lawyers are finding they can move seamlessly between the two. “If you put a career plan in place and work out what you want to do then [your career] is up to you,” Duncan Cotterill…

Medical reports and prisoners

It may well come as a surprise to some practitioners to learn that specialist reports, such as medical reports on prisoners, that they or the court have diligently obtained to assist in the sentencing process will not automatically accompany that prisoner to the correctional facility charged with managing and ensuring…

Helping with intellectual impairment

Lawyers are likely to have clients who have a son or daughter with an intellectual impairment for whom they want to make provision after they die. The Personal Advocacy Trust Inc (PAT) can help in two important ways – providing an advocate for the person after the final parent dies and…

New postgraduate scholarship to Oxford

A new scholarship to support postgraduate study in law at Oxford University has been announced – the FMB Reynolds Scholarship in Law to Oxford. It is named for Emeritus Professor Francis Reynolds, longstanding editor of the Law Quarterly Review, and author of books on a range of commercial law subjects. Professor Reynolds…

Lawyers Complaints Service: Lawyer who used clients' money guilty of professional misconduct

A lawyer now working in Asia, Tim Ban Choon Tee, has been found guilty of three charges of professional misconduct by the Lawyers and Conveyancers Disciplinary Tribunal. Mr Tee did not appear when the tribunal heard the charges on 27 March, the tribunal said in the record and reasons for its…

Lawyers Complaints Service: Censure for failing to convey risk

A lawyer, E, has been censured by a Lawyers Standards Committee after he failed to convey to his client the risk of not rejecting a requisition within the time frame required in a sales and purchase agreement. The client accepted an offer to buy his house and contracted to buy another…

Lawyers Complaints Service: Estate charged excessive fees

A lawyers standards committee has found a lawyer, D, guilty of unsatisfactory conduct after failing to review an estimated fee when required, failing to inform the client when the estimate had been exceeded, and charging excessive fees. The committee found that D had breached Rule 9.4 of the Lawyers Conduct and…

The bookshelf

Book of the Month: AdvocacyBy Anthony Willy And James Rapley Two experienced advocates present a practical guide aimed at all advocates both in and out of the courtroom. The book first examines the personal qualities and ethical standards required by successful advocates, and then outlines advocacy techniques and advice on how…

People

Sir Ian Barker QC celebrated the 40th anniversary of his admission as a Queen’s Counsel at a function at Bankside Chambers in Auckland recently. Sir Ian was admitted in 1958. After becoming a partner of Morpeth Gould, he went to the independent bar in 1969 after 11 years in partnership.…

Law firm news

Specialist projects firm Greenwood Roche Chisnall can now call itself truly national, with new offices in Auckland and Christchurch. The addition on 2 April of new commercial property and infrastructure partners Chris Moore (also the New Zealand Law Society President) and Steve Woodfield follows hot on the heels of its…

Meanwhile, on the internet...

Richard Susskind’s latest exploration of the destiny of lawyers says lawyers and legal institutions will change more radically over the next two decades than over the past two centuries. Tomorrow’s Lawyers – An Introduction to your Future sees a future of virtual courts (with virtual hearings and online dispute resolution),…