New Zealand Law Society - LawTalk issue 852

LawTalk issue 852

LawTalk issue 852

Bringing project management to lawyering

Some are born lawyers, others have lawyerdom thrust upon them. And others, like Shaun Plant, come to the law only after gaining a wealth of experience out in the non-legal world. It’s a unique combination of knowledge from both within and outside the practice of law that Shaun – now…

Impassioned by our justice system

Erin Ebborn of Christchurch’s Ebborn Law first had her heart set on becoming a lawyer as an 11-year-old while watching the American television legal drama Matlock. After studying law and political science at Canterbury University, she set up camp in Palmerston North in 1999 under family lawyer Bruce Andrews. But after…

Not just a profession but a business

While most 16-year-olds are engrossed in the trials and tribulations of high school, Katie Lane was instead starting her first year at Otago University. At 22, she had been admitted to the bar, and had a law and English degree under her belt. It is no surprise, therefore, that after four…

Move to sole practice a revelation

A $7k bank loan can probably get you a computer, a desk, a filing cabinet and printer. All the necessary tools for a lawyer who has decided to go it alone, according to Dunedin sole practitioner Ben Nevell, so long as you’ve built up the necessary experience and relationships to…

I wanted independence from a structured law firm

About three or four months after returning to lawyering Moana Sinclair thought: “I want to set up my own law firm”. So she did. She left the small firm where she had been employed and established Te Haa Legal Ltd, based in Otaki Beach. “I just thought: ‘I can do this. I…

From the Law Society

Women in law highlight We are rapidly approaching what promises to be a highlight of the New Zealand Law Society’s 2014 women in the law initiative. It is the upcoming conference – Women, the Law and the Corner Office – organised by NZLS CLE Ltd. The conference will take place in Auckland…

Pro footballer heading for career in law

The New Zealand Law Society’s Auckland Young Lawyers Committee member Antonio Cozzolino interviews professional football player and law graduate Jacob Spoonley. A goal keeper, Jacob has played football for the All Whites, New Zealand Under 23, New Zealand Under 20, Auckland City and Wellington Phoenix. You’re going into law. Will it be…

Two For One: Using Positive Psychology in teams

Higher rates of illness including heart disease, depression, anxiety, and substance abuse have been found in the legal field compared with other professional services (Peterson and Peterson, 2009). Moreover, it seems that these poor health outcomes have something to do with both the study of, and work in, the legal…

Census picture of lawyer ethnicity

A snapshot of New Zealand’s legal profession on Tuesday 5 March 2013 shows that a higher proportion of lawyers were of European ethnicity than the working population of New Zealand. Customised data provided by Statistics New Zealand to the New Zealand Law Society shows that the proportion of lawyers of Māori,…

Lawyers and clients warned to be careful with emailed instructions

The New Zealand Law Society is warning lawyers and clients of lawyers to be extremely careful with taking and issuing instructions by email. This follows recent instances where a law firm or client’s email system has been hacked and false instructions issued by the hackers. New Zealand Law Society Financial Assurance Manager…

Success does not happen by accident

A business is a homologous mix of operations, finance and marketing and it is important to consider that a successful and profitable business does not happen by accident! There are a few adages commonly quoted, but the two most common I use are: “failing to plan is planning to fail”; and …

Vibrant workplace culture optimises business success

To optimise their business success, law practices need to develop and nurture a vibrant workplace culture. This is one of the key messages he can give law firms, says lawyer David Sharrock. As well as being managing principal of Sharrock Pitman Legal, Mr Sharrock is a business law specialist accredited…

New legal books

Introduction to Advocacy Editor-In-Chief Sir Bruce Robertson This is a revised edition of the work published in 2000. In his foreword, Sir Bruce says the prime purpose is to provide a comprehensive and accessible reservoir of information about the fundamental precepts and factors that are essential to the conduct of any litigation…

Inside the Hawke Keating Government - A Cabinet Diary

Reviewed by Sir Geoffrey Palmer Gareth Evans is, in his own words, “a legal academic and barrister, civil libertarian and constitutional reformer” who went into Australian politics. He became Attorney-General in 1983 at the age of 39. He had a long and distinguished ministerial career first as Attorney-General, then as Minister…

The Evidence Act 2006: Act and Analysis, 3rd Edition

Reviewed by Chris Macklin The first and second editions of this book will already be well known to many; I am sure I am not the only litigator to have had a High Court Judge wave one edition or the other around during heated (but respectful) argument on an unexpected evidential…

Private Health and Safety prosecutions

A number of private prosecutions under the Health and Safety in Employment Act 1992 (HSEA) have been signalled in recent months. Having recently been counsel in an HSEA private prosecution,1 Tim Mackenzie of Wynn Williams outlines the issues that practitioners considering an HSEA prosecution should consider. Registering an interest Any party interested…

Some reservations over statutes revision

The New Zealand Law Society says it is cautious about a Parliamentary Counsel Office (PCO) proposal to revise and consolidate a number of older statutes. The PCO is consulting on its first statutes revision programme under the Legislation Act 2012. The Contracts and Commercial Revision Bill, expected to be enacted during…

Mediating in the future

Technology is part and parcel of modern life. With the swipe of a finger, anytime and from anywhere, we can have instant access to a rich, global catalogue of information via the Internet. We have adapted our personal lives to accommodate developments in technology. Trips to the local bank to transfer…

Why do we still manually list documents?

The explosion of electronic information requires us to look at changing traditional practices if the discovery process is to more proportionate and cost effective. Spending considerable time and effort constructing a manual list of documents adds unnecessary expense and burden to the discovery process. As the volume of electronic information increases…

Distribution agreements and the new cartel laws

Distribution agreements increasingly are subject to competition law implications. In particular that is the case where suppliers of products themselves directly sell products (often through websites) in competition with their own dealers. Accordingly understanding the proposed new cartel laws1 and the Commerce Commission’s very recently revised competitor collaboration guidelines2 will be…

Lawyers Complaints Service: Leave to appeal strike off dismissed

The Court of Appeal has dismissed Therese Anne Sisson’s application for special leave to appeal her strike off in [2014] NZCA 424. The New Zealand Lawyers and Conveyancers Disciplinary Tribunal ordered on 24 November 2011 that Ms Sisson be struck off in [2014] NZLCDT 35. Her appeal to the High Court…

Lawyers Complaints Service: Strike off follows failure to account for monies

Vinay Deobhakta has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in [2014] NZLCDT 50. This follows a hearing on 19 November 2013, where the Tribunal found Mr Deobhakta guilty of misconduct (see LawTalk 836, 28 February 2014). At that hearing, the Tribunal found that Mr Deobhakta had: failed…

Lawyers Complaints Service: Serious errors lead to suspension

Helen Monckton made a number of “serious errors” in assisting a client with a property transaction, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal said. In [2014] NZLCDT 51, the Tribunal suspended Mrs Monckton for one month from 1 September. “In early October 2011 members of the S family were horrified to…
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