Justice Panels: Innovative way to achieve justice

It is probably not controversial to write that New Zealand’s courts are overcrowded and our corrections facilities overflowing. Duty lawyers are overburdened, and justice staff are overworked. At the same time, legal aid is underfunded and the causes of criminal behaviour remain largely overlooked. The system is so stretched. It has…

From the Law Society

Enhancing our justice system Lawyers have a very important role to play in helping make Aotearoa/New Zealand a better place for all citizens, individually and collectively. Many of us have been involved in recent initiatives that aim to enhance our justice system. In this issue of LawTalk, we look at one of…

Our Profession, Our People

ILANZ Scholarship applications open Applications are now open for the 2016 ILANZ Scholarship. The scholarship award is up to $10,000 and may be made to an applicant or applicants whose area of study has potential to benefit the in-house legal profession in New Zealand. Potential areas of interest identified by the ILANZ committee…

Working with smart people a big plus

Working with a “great team of smart people” is a real benefit of being in-house, says Department of Internal Affairs (DIA) legal counsel Tim Whiteley. Originally from the United Kingdom, Mr Whiteley (LLB (Hons) Lancaster University) was living in London and working for a United States-owned mortgage lender when he decided…

A new take on opening a suburban office

After 16 years in practice as a family lawyer it was time in March 2015 to leave the comforts of Parnell for an “old age” OE. After three months of travel, in June 2015 home became Warsaw, Poland. It is an exciting and vibrant city but “retirement” was never on…

NZ presence in Lawyers' Cricket World Cup

Two New Zealand lawyers, Scott Donaldson from Invercargill and John Dean from Wellington, took part in the recent Lawyers Cricket World Cup. With no New Zealand team in the contest, Mr Donaldson and Mr Dean played for the Commonwealth A team at the tournament, held in Brisbane from 31 December to…

Three possible legislative responses

“...as long as litigation, access to the courts, remains expensive, then anyone who has a right that stands in need of vindication should be able to obtain funding from anyone willing to offer it on whatever terms it is offered. The public policy rationale is simple in [Jeremy Bentham’s] opinion:…

The courage of lawyers saluted

Lawyers’ organisations around the world marked another Day of the Endangered Lawyer on 22 January. The purpose of the event is to call attention to threatened human rights lawyers around the world. The first such day was organised in 2010 and it has gained momentum since. In a statement released to…

Rightful Claims / Worthington Clark are genuine

New Zealand lawyers who have received inquiries from clients approached by the Australian company Worthington Clark Pty Ltd or its Rightful Claims division can be assured the business is long-established and genuine. The increase in internet or email-related fraud has made lawyers and their clients increasingly cautious about approaches from hitherto-unknown people located outside New…

The brain and workplace motivation

For over a century motivational tools for the workplace have centred on job title, career potential and, perhaps unsurprisingly, remuneration. However, while businesses continue using these extrinsic workplace motivators they are no longer fuelling people’s desires to contribute to what is now a less industrialised economy. Instead, in the 21st century…

It’s time to tell the world you’re an expert

The concept of a visible expert or thought leader is not new. The term “thought leadership” was coined over 20 years ago by Joel Kurtzman, when as editor of the Strategy + Business magazine, he interviewed a number of executives and academics whose ideas he considered worth discussing. A thought leader…

Lord Mansfield: Justice in the Age of Reason

Reviewed by Peter Twist  Norman S Poser, Professor Emeritus at Brooklyn Law School, has written the first full length biography in modern times of the life of William Murray, the first Earl of Mansfield (1705-1793), who sat as Lord Chief Justice of the Court of King’s Bench from 1756 until 1788. Many…

A trustee’s guide to litigation pitfalls

It is often a surprise for lawyers, who have cheerfully assumed the role of a trustee, to realise how easily they can be exposed to litigation risk. This is particularly true for those who accept the role as independent trustee for private clients.1 Marriages all too frequently crumble and the disgruntled…

Is the FMCA a watershed for offer due diligence?

Fund managers, and other continuous issuers are now currently in the process of transitioning to the new Financial Markets Conduct Act 2013 (FMCA) regime, which they must all do before 1 December 2016. This regulatory change provides a catalyst to consider whether due diligence processes for the PDS (product disclosure…

New projects tackling big issues

2016 promises to be an exciting year for the New Zealand Law Foundation, with more new projects under way than ever before. We are currently backing 76 active projects, compared with around 50 in past years. This reflects the level of interest the Foundation is getting from legal and socio-legal researchers…

Lawyers Complaints Service: Three charges dismissed

The New Zealand Lawyers and Conveyancers Tribunal has dismissed three charges laid against Auckland lawyer Carole Smith ([2015] NZLCDT 40). Ms Smith faced three charges laid in the alternative: misconduct, or negligence, or unsatisfactory conduct. The charges alleged that Ms Smith had acted for a client and was involved in a breach…

Lawyers complaints Service: Failure to refer client for independent advice

Anthony (Tony) Bamford has been censured and fined $5,000 by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after he admitted failing to advise a client to seek independent advice upon becoming aware there was a conflict of interest. In [2015] NZLCDT 39, Mr Bamford admitted charges of unsatisfactory conduct. The charges…