Does self-representation provide access to justice?

“There is a difference between access to courts and access to justice. Self-representation allows access to courts, but access to justice within the system is an entirely different matter. It is one thing to get in the door and another having the ability to get the necessary resources or advice…

A warning to the profession

What’s driving more people to navigate the court system solo? Canterbury University Law Dean Dr Chris Gallavin suggests three possible factors: people may be taking matters into their own hands because they feel they can do a better job; seeking justice is just too expensive and out of reach for…

From the Law Society

Access to justice is the hallmark of a civilised society. These words were spoken by the United Kingdom’s Justice Secretary, Ken Clarke, in 2010. In fact it was with those words that the Justice Secretary introduced his government’s radical changes to legal aid. Justice Secretary Clarke’s changes, which he described as reforms,…

Our Profession, Our People

Dunedin lawyer Bernadette Farnan has been appointed an acting District Court Judge with a jury warrant and as a Family Court Judge to serve in the Invercargill District Court. Judge Farnan will be sworn in on 16 April in Dunedin. Dunedin lawyer Tim Black has been appointed an acting District Court…

A wake-up call

While most first year university students enjoy the follies of student life during their mid-semester break, Vincent Schumacher was packing up his new-found Scarfie life to head home to Wellington after being diagnosed with testicular cancer. At the time it was a huge shock as Vincent considered himself to be a…

The Millennials are here. Now.

“Millennials”, formerly known as “Gen Y”. Definitions vary, but most seem to settle on people born between 1982 and 2000. In the New Zealand legal profession, around 30% of lawyers can be called “Millennials”. If you’re in an organisation that employs lawyers and believe that generations share common characteristics, have…

Double check those emailed instructions

Lawyers are again warned to personally verify instructions received from clients by email. In the latest instance of the dangers posed by hacked email accounts, a New Zealand lawyer who had settled the sale of a residential property for a client received an email from the client’s actual email address…

Managing your health

Over the years, LawTalk has featured many stories that have looked at mental and emotional health and well-being. That is a very important area to look after. At the same time, however, it is but part of a whole – our health generally. Maybe it is part of being male, but until…

Keeping high achieving women in the profession

Late last year, two pieces of empirical research were released which are relevant to the continued retention issues in the legal profession in regard to high achieving women. The statistics in New Zealand are all too clear, with a large number of women lawyers at junior levels followed by a massive…

The self-represented litigant

In this edition of LawTalk Elliot Sim has written on self-represented litigants. Working in with that theme I want to explore what we, the profession specialising in litigation, might take from the anecdotal evidence of an increase in self-represented litigants. First, let me start by declaring that I have not been…

Bringing certainty to voidables

Trade creditors will have a lot more certainty about their commercial transactions following the Supreme Court’s unanimous decision in Allied Concrete Ltd v Meltzer & Anor, Fences & Kerbs Ltd v Farrell & Anor, and Hiway Stabilizers New Zealand Ltd v Meltzer & Anor [2015] NZSC 7 (18 February 2015). The…

Leadership in law firms

LawTalk speaks with law firm development specialist Simon Tupman about leadership in law firms. Within the context of a law firm, what is leadership and how is it relevant? The last decade has seen dramatic changes in the way law firms operate. Technological advances, generational demands and competitive market forces have all…

Contracting with Artificial Intelligence

In general, contracts can only be entered into by an entity recognised by law as having legal personality. An entity without legal personality has no right to sue or be sued. In the past, this simple paradigm was tested again and again to expand the rights of women, minors, minorities and…

Wrangle over design of jeans

In 2011 G-Star sued JeansWest for copying its popular “Elwood” style of jeans. JeansWest called its style of jeans the “Dean Biker”. G-Star initially released the Elwood in 1996. In 2005 G-Star went on to design an “anniversary” version of the popular Elwood jean. JeansWest gave evidence that its Australian arm did…

Letters to the Editor

Retiring from lawyering I was most interested to read the article on the “retirement vortex” by Emily Morrow (LawTalk 858, 13 February 2015). One of the good things about the profession is that one can work beyond “normal retirement age” (whatever that is these days), if one wants to, or in some…

Lawyers Complaints Service: Lawyer reprimanded for lack of insight when acting for her family's trust

A lawyer, M, has been reprimanded and fined $10,000 by a lawyers standards committee for a series of rule breaches, including acting while there was a “clear conflict of interest” and breaches of the Trust Account Regulations. The committee’s decision came after the Lawyers Complaints Service received a complaint from M’s…

Lawyers Complaints Service: Fined for a series of offences

A lawyer, E, has been censured and fined $1,500 by a lawyers standards committee for a series of offences incurred while acting on a right of way matter. In 2003 Mr and Mrs F granted a right of way over their land in favour of Mr G. A written easement agreement…

Lawyers Complaints Service: Appeal Court strikes off former lawyer

Shane Peter Burton has been struck off by the Court of Appeal in [2014] NZCA 621 after being convicted on four charges of obtaining by deception. Laying charges before the New Zealand Lawyers and Conveyancers Disciplinary Tribunal was not available to the Law Society, because Mr Burton did not hold a…

Lawyers Complaints Service: Strike off follows final warning

David John Porteous has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after he admitted three charges of misconduct and two charges of unsatisfactory conduct [2014] NZLCDT 72. The involvement of elderly and vulnerable clients was a unifying factor in the offending. “The practitioner has admitted all the…

Lawyers Complaints Service: Lawyer found not guilty of misconduct

The Lawyers and Conveyancers Disciplinary Tribunal has found a lawyer not guilty of two charges of misconduct. In [2014] NZLCDT 77, the lawyer, B, also faced alternative charges of negligence or incompetence and a further alternative charge of conduct unbecoming a barrister or solicitor on each charge. The Tribunal found that…

Lawyers Complaints Service: Strike off follows theft conviction

Minkai Huang has been struck off by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal following his conviction for theft from the barristers’ chambers he was contracted to. In [2014] NZLCDT 74, Mr Huang admitted he had been convicted of an offence punishable by imprisonment and which reflected on his fitness…

Commercial lawyers beware!

“…a barrister or solicitor is under a special responsibility to the public so to conduct himself [or herself] as to promote respect for the law and confidence in the integrity of the administration of justice…”1 The dilemma What is a lawyer to do when a client’s activities appear to be “sailing a…