New Zealand Law Society - LawTalk issue 820

LawTalk issue 820

LawTalk issue 820

Profession's gift to the community

From the large firms with formal pro bono programmes through to sole practitioners who may be practising family or criminal law and who provide their services free to clients who cannot afford to pay or who do not qualify for legal aid; a massive amount of pro bono service can…

Working for clients benefits firms and lawyers too

DLA Phillips Fox“One interesting feature of our pro bono work is the enthusiasm and commitment that our young or graduate lawyers bring to it,” DLA Phillips Fox chairman Martin Wiseman says. “Perhaps this is reflective of what they have seen happen in their lifetimes in the world, including in Christchurch. “They want…

Huge contribution to Community Law Centres

Direct pro bono work undertaken through Community Law Centres (CLCs) equate to almost $2 million a year. This was clearly shown in a New Zealand Institute of Economic Research report published in July 2012. This report revealed that CLCs provided over 174,000 hours of legal service directly to over 144,000 clients…

Substantial contribution to the people of New Zealand

Hundreds of New Zealand lawyers spend many thousands of hours every year working for the benefit of the people of New Zealand as well as the profession. Although a dollar cost has never been put on this work from well over 500 lawyers involved in New Zealand Law Society activities, it…

From the Law Society

Lawyers are sometimes unfairly portrayed as professionals who either take large sums of taxpayer money in legal aid or hardnosed business people who charge huge fees. Often overlooked is the profession’s admirable and ongoing belief in its role in maintaining the rule of law and providing public service when needed. I challenge…

In-house lawyers of the year

The Auckland Council in-house team starred at this year’s CLANZ awards evening. The awards were held at the CLANZ Conference Dinner and Awards Evening at the Napier War Memorial Conference Centre in Napier on 17 May. Auckland Council lawyers were awarded in both the public sector in-house lawyer of the year…

How to be an agent of influence

CLANZ’s 26th Annual Conference has inspired New Zealand’s in-house lawyers to be “Agents of Influence” within their organisations. The undercover agent themed event, held at the Napier War Memorial Conference Centre on 15 and 16 May, analysed the role that in-house lawyers play as key influencers within their organisations. The event…

Self-awareness and vulnerability

Being aware of the importance of good mental health (distinct from aware of one’s self) is one thing. Converting that mental health awareness into something tangible and beneficial is another. Part of the obstacle may be “awareness” itself, especially for those who prefer thinking to feeling. Clinical psychologist Judith Sills describes in…

Litigation is about people, people, people

It was with pleasure I accepted the kind invitation by the Editor of LawTalk to pen a regular column on litigation. Although I have a lot to say on the topic (too much, some might say), the thought that first came to mind was “but I’m an academic”. I do not…

iHearings in the input methodology appeals

By the numbers, the input methodology appeal hearings1 in the High Court at Wellington were always going to be challenging: 13 appeals, 11 parties, 37 counsel appearing (not usually all at once, thankfully), 39 days of hearing, 0 witnesses, 2,500 pages of written submissions filed in advance.2 But it was the…

Technology has come to lawyering

There is much to be said for the legal profession. Where else can you face a chess-like mental challenge on a daily basis, pitting your skills against a foe whose drive and hunger are equal to your own? Where else can you serve your fellow man and your community, doing…

Moving towards CPD

All New Zealand lawyers will be required to complete a minimum level of continuing professional development (CPD) each year, beginning on 1 April 2014. Under the CPD Rules each lawyer will be required to develop and maintain a written CPD plan and to record, document, reflect on and verify their CPD…

One law for NZ firms, another for global giants

Despite being introduced in the context of the “illegal spying” on Kim Dotcom debate, the proposed Telecommunications (Interception Capability and Security) Bill does not concern itself with who the GCSB can “spy” on or what its internal processes should be. The Bill actually provides the framework on which private businesses are…

Bill provides for very important changes to competition law

The Commerce Select Committee has reported back on the Commerce (Cartels and Other Matters) Amendment Bill. As the Bill criminalises cartel conduct and provides for maximum jail terms of seven years’ imprisonment, the scope and clarity of the new cartel provisions are very important. The select committee has helpfully recommended one…

Financial Assurance Scheme - housekeeping is important

Many of the issues raised in reports following reviews carried out by the Law Society Inspectorate relate to matters that could possibly have been prevented by the Trust Account Supervisor (TAS) taking a more active and hands on approach. The importance of the TAS’ role in routine trust account housekeeping…

New Silks appointed

Twenty six new Queen’s Counsel were appointed last month in the first appointment round since the title was restored earlier this year. Two of the newly appointed Queen’s Counsel, John Pike of Wellington and Peter Watts of Auckland, are appointed under the Royal prerogative in recognition of their extraordinary contribution to…

New PLS chair will move mature section forward

The new Chair of the Property Law Section (PLS) chair Andrew Logan looks forward to taking what is now a “mature” section of the New Zealand Law Society forward even further. A partner at Christchurch law firm Mortlock McCormack Law, Mr Logan has been an elected member of the PLS Executive…

Lawyers Complaints Service: Strike off follows misuse of client funds

Christchurch retired solicitor John Milne has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for misuse of client funds [2013] NZLCDT 18. “Some 35 of Mr Milne’s clients in Canterbury and Otago have lost a total of nearly $2.9 million,” the tribunal said. “The funds have disappeared,…

Lawyers Complaints Service: Suspended for dishonest assistance

Hamilton lawyer Charles Fletcher has been suspended from practising as a lawyer for two years from 24 May. Mr Fletcher was suspended by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ([2013 NZLCDT 16) after the tribunal did not reach the unanimous view that strike-off was necessary, despite the “very serious…

Lawyers Complaints Service: Fined for immigration application errors

F, a barrister, made a number of errors in an immigration application for a client. A lawyers standards committee briefed an experienced practitioner to “peer review” how the file was conducted. The immigration application was out of time, but F did not advise the client, as he should have, of the…

News points

Justice Chambers was outstandingSupreme Court judge Sir Robert Chambers QC was an “outstanding judge”, New Zealand Law Society President Chris Moore said on 22 May. Mr Moore said this in a tribute to Justice Chambers, who died in his sleep the night before. At the time Mr Moore made his statement,…
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