LawTalk Issue 816

LAWTALK

12 APRIL 2013 / 816

FOR THE NZ LEGAL PROFESSION

you’ll be jumping for joy Why the employment market isn’t as bad as you think.

• PAGE 4 •

MOVING TOWARDS CPD PA g e 1 6

WHAT UNDERWRITERS LOOK FOR PA g e 2 0

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LIbRARY NEW ZEaLaND LaW SOCIETY nZls est 1869

INSIDE

THE MAGAZINE

FEATURE: Employment and recruitment

“It is not hard when you meet the kids”

“It is not only women with children seeking alternatives to full-time, permanent employment”

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Letting go for gifted kids Auckland lawyer Len Ward is to face his fear of heights and jump off the Auckland Sky Tower in an awareness and fundraising campaign for Gifted Kids ...

Advanced litigation course ‘outstanding’ NZLS CLE Ltd’s advanced litigation skills course is “outstanding”, lawyers who have completed the course told LawTalk ...

20 What underwriters look for

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What do underwriters really look for when underwriting professional indemnity for solicitors? ...

How to increase mental wellbeing

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When mental wellbeing increases, so does productivity, creativity, empathy, physical health, and resilience ...

Many expert witness problems are solvable

16 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 ...

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Employment and recruitment in the legal profession There are some positive signs of increasing business confidence in law firms according to legal recruitment companies throughout the country ...

Feature by Elliot Sim

Many of the problems lawyers experience with expert witnesses could be solved by making some reasonably straightforward changes to practice, a new study suggests ...

23 Raising the bar The ability to use spreadsheets is now an entry level requirement in most professions and there is no reason to exclude lawyers from this expectation ...

REGULARS

11 People in the law

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FROM THE LAW SOCIET Y Chris Moore

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s I move into the role of New Zealand Law Society President I am keenly aware of the quality of presidents that have gone before me. I am conscious that I step into this privileged position at a time when significant changes in the social, political and economic environment are impacting on the profession and more demands than ever are being made on lawyers.

I would like to use this opportunity to indicate some key areas on which I intend to focus in my term.

The maintenance of New Zealand’s hard-earned reputation for access to justice is at the top of my list. This position can only be maintained while it is underpinned by a strong legal profession, well-functioning courts administration and a high quality judiciary as well as a viable legal aid system. The major risks flowing from the current low level of legal aid remuneration is that we will lose some of the senior members of the profession and there will be little incentive for younger lawyers to practise in criminal and family law.

Quite apart from the immediate loss of senior lawyers in the criminal and family jurisdictions, there is the threat to the future structure of the profession.

The Chief Justice, many senior lawyers, Queen’s Counsels and High Court judges have honed their skills in the criminal and family courts. A reduction in the number of top young lawyers entering those areas and the potential exclusion of lawyers in aspects of family law will jeopardise the supply of leaders of the profession who have that important and broad experience.

These are the high profile areas of law that many people associate with lawyers. In addition because of the media’s fascination with criminal law it is highly visible, as is the role of the lawyers engaged in those cases. A reduction in quality in this area should concern us all.

Moving away from legal aid, when I travel around the country the delivery of Continuing Professional Development (CPD) and opportunities for professional collegiality are regular topics of lawyer concern.

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The Law Society branches and sections manage the calendar of collegial events, tailored to their respective areas. Between the branch and national Law Society offerings I believe there is a wonderful opportunity to ensure the profession has available to it high quality and sustainable services. I intend to stay well connected to the branches and sections to ensure that opportunities for events are maximised and our connections are fostered.

With the introduction of mandatory CPD, education opportunities for lawyers are front of mind. I intend to work with branches, sections and NZLS CLE, to make sure that courses and seminars are available for lawyers nationwide when the scheme is introduced.

The introduction of mandatory professional development is important to the reputation of the profession. We all know continuing education increases our marketability. We can’t expect to leave law school and let our expertise and knowledge wither while holding ourselves out as highly skilled professionals.

Professional knowledge, skill and trust are the basic commodities of our legal businesses – the better educated, skilled and trusted we are, the more we have to sell. It can only be good for the public, us and our businesses.

Another area I want to mention is our role in the regulation of the profession. The Law Society has a significant co-regulatory role and with that comes enormous responsibility. We must be a firm regulator to maintain public confidence in the profession and to ensure it is deserving of its privileges. That doesn’t mean we can’t be efficient and minimise bureaucracy. That has its challenges but I am confident that if we maintain our priorities and aim to be a nimble regulator we can meet our statutory responsibilities without diminishing the reputation of the profession. I certainly intend to be leading that charge.

Finally, I wish to pay tribute to my predecessor, Jonathan Temm. Jonathan took over the Presidency and immediately faced the contentious legal aid reforms, court closures and modernisation initiatives plus the effects of the Canterbury earthquakes. He was a President well armed for those challenges and served the profession well. I wish him luck in the next stage of his career and I am certain I will take him up on his generous offer of assisting me as I come to grips with my new role.

Chris M oore New Zealand Law Society President-elect

LAWTALK More than 12,000 copies of LawTalk are distributed each issue. The magazine of the New Zealand Law Society, LawTalk is sent to every lawyer in New Zealand who holds a current practising certificate. Although the number of lawyers with practising certificates varies, it is typically around 11,500.

Others who receive LawTalk include members of the judiciary, Law Society associate members, legal executives, Members of Parliament, media, academics and others involved in the legal services industry.

STREET ADDRESS: 26 Waring Taylor Street, Wellington Postal address: DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, New Zealand EDITOR: Frank Neill Ph +64 4 463 2982 editor@lawsociety.org.nz WRITERS: Rachael Breckon Ph +64 4 463 2910 rachael.breckon@lawsociety.org.nz Elliot Sim Ph +64 4 463 2902 elliot.sim@lawsociety.org.nz Advertising: Christine Wilson Ph +64 4 463 2905 advertising@lawsociety.org.nz Inquiries about subscriptions to: subscriptions@lawsociety.org.nz DESIGN: Andrew Jacombs Ph +64 4 463 2981 andrew.jacombs@lawsociety.org.nz Printing: Lithoprint, Wellington ISSN 0114-989X

Coming up …

Debating the constitution

International arbitration

During April and May, the New Zealand Centre for Public Law, with support and funding from the New Zealand Law Foundation, will host a series of debates on issues raised by the Government’s review of the New Zealand constitution. The debates will be broadcast on Radio New Zealand National. (See Law Foundation column on page 22 for a list of the debates and the dates).

The 2013 Conference of the Atlanta International Arbitration Society will be held in Atlanta, Georgia, from 21 to 23 April.

Just one feature of the programme will be a roundtable featuring some of the world’s leading arbitrators.

See www.arbitrateatlanta.org.

Supreme Court

IBA’s World Life Sciences Conference will be held in Dallas from 1 to 3 May. The law – and especially IP, business law, and regulatory matters – crosses over the complex science and technological borders which define these industries and provides a background for in-depth analysis of the emerging issues and trends.

See www.ibanet.org/Conferences/ conferences_home.aspx.

Auckland University Law Faculty is hosting a major conference on the first ten years of the New Zealand Supreme Court on Friday 14 November 2014. Further details will be available at www.law.auckland.ac.nz in due course.

First world lawyers’ games The first World Lawyers’ Games will be held in Umag, Croatia, from 7 to 16 June.

Run under the auspices of the Croatian Bar Association, the World Lawyers’ Games are an international multisport event for lawyers and legal apprentices from all over the world.

The games are equally open to men and women of all ages.

The main sports will be football, tennis, golf, beach football, beach volleyball, basketball, badminton, table tennis as well as poker, darts and chess.

See www.worldlawyersgames.com/en.

Legal issues in life science

Crime conference The 16th Annual Transnational Crime Conference will be held in Miami from 15 to 17 May. This conference is presented by the IBA Criminal Law Section and supported by the IBA North American Regional Forum. Sessions include: ▪▪ acting in high profile cases and the role of the media; ▪▪ multi-jurisdictional criminal investigations; ▪▪ use of private investigators, experts and forensic accountants in criminal litigation; ▪▪ offshore tax havens and secrecy; and ▪▪ securities fraud See www.ibanet.org/Conferences/ conferences_home.aspx.

The views expressed in LawTalk are not necessarily those of the New Zealand Law Society. Articles may be reproduced provided acknowledgment is given to LawTalk.

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Employment and recruitment in the legal profession Signs the market is improving by elliot sim

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hERE ARE SoME PoSITIvE signs of increasing business confidence in law firms according to legal recruitment companies throughout the country.

It seems medium-sized firms in particular are looking to expand as the economy strengthens.

“Generally, we are seeing small signs the market is improving. Firms are recruiting, but at lower levels, and redundancies are less commonplace, although we are still hearing of some,” says McKenzie Ellis Director Jill Pitches.

“We find that recruitment has a much more strategic focus now, with clients willing to wait for the right candidate, even if that means increased workloads for existing staff,” she says.

Ms Pitches says the market is better than 2008/2009, but believes it will take “a number of years to return to pre-recession levels”.

Hays Recruiting legal business director Tania Rogers says the past year has seen an increase in the number of recruitment requirements, especially within medium-sized law firms.

“Vacancies were as a result of the replacement of staff and also newly created roles as some firms sought to rebuild and develop their teams after a holding pattern.”

However, all firms remain cautious when taking on

more employees to ensure that additional workflow the firms are experiencing is consistent before making recruitment decisions.

“Some firms also sought experienced practitioners with a client base in order to grow their business.

“There seems to be somewhat of a mismatch between the experience of available candidates in the market and the available positions. Often vacancies remain open for a considerable period of time where there are candidate skill shortages and often firms are not prepared to compromise on their ideal candidate requirements.”

Skill shortages and overflows InfoRMATIon gAThERED By LAWTALK suggests the most sought-after lawyer across the board is one with 3-5 years’ post qualification experience (PQE).

Candidates with strong corporate and commercial experience remain in demand for boutique, medium-sized and large firms, says Ms Rogers, with a shortage of experienced banking and finance solicitors, especially required by major law firms.

There is also demand for solicitors with insurance litigation and construction experience.

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“Mid to late 2012 in particular saw an increased level of recruitment activity in the Christchurch market, with a mixture of commercial property, commercial and litigation vacancies.”

Momentum Legal and Regulatory specialist Jane Wellik says there’s a “bit of an overflow” in IT/IP practitioners in the market currently, with quite a few returning from overseas.

“Most in demand are practitioners with a commercial bent. Regarding private organisations, (both private practice and in-house), a number of general commercial roles, and banking and financing roles have come to the market recently.

“Insurance and employment lawyers are also sought after in the main centres at present,” she says.

Most in demand are practitioners with a commercial bent

Recent graduates and junior lawyers ThERE IS STIll A large number of graduates and recently admitted solicitors seeking employment, says Ms Rogers.

“We recommend that candidates be flexible and realistic when considering opportunities. This applies in particular to those relocating to or returning to New Zealand from overseas.

“Often lawyers have been working in-house overseas and are keen to continue with this career path. However demand for in-house roles still exceeds supply.”

Ms Pitches agrees, and says graduates who have stud-

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ied law as a second career are also struggling.

“These are often mature students. Despite the wealth of other knowledge and experience they bring to the table, many firms seem reluctant to take them on. Many have to consider working outside the law and we suspect many of these graduates never return to the law. Many overseas qualified lawyers would also fall into this category,” she says.

Recruitment trends across New Zealand Lee Scott of Legal Personnel Ltd says Christchurch firms are seeking lawyers experienced in construction, RM, property and litigation solicitors, as a result of the earthquake.

“There is a noticeable drop-off in demand for solicitors in the smaller towns,” she says.

Auckland, according to Niche Recruiting Specialists Director Paula Watts, has the majority of work available, with Wellington showing signs of improvement following the all of government procurement process.

“Wellington has corporate roles beginning to emerge again as the market improves,” Ms Watts said.

Ms Wellik says that on Momentum’s books, there are more lawyers with contracting or ICT law expertise looking for work in Wellington than there were at this time last year.

She attributes this to people returning from overseas and in part to the New Zealand offices of ICT companies downsizing or shifting jobs to Auckland.

Ms Wellik says noticed trends include private sector in-house roles migrating northward to Auckland, and growth in Wellington’s private sector legal departments in the start-up company market.

She says in Wellington there is a desire to reduce the ratio of senior to junior lawyers in some quarters of the public sector, with senior roles disestablished and replaced by more junior roles. There are also few chief legal advisor roles, which are “hotly contested”.

There is a “slow but steady” growth in the number of in-house positions available in Auckland, says Auckland-based Momentum legal recruitment specialist Meryn Hemmingsen.

“Corporate restructures have shifted the balance of some teams recently. However the number of FTE legal positions affected has been fairly small overall.

“General counsel roles are rarely on the market

FE ATuRE

and attract a very large number of applications when they do arise. Many New Zealand lawyers are planning their career strategically to balance time between private practice and in-house, and the desire to move in-house places strong competition for roles within key corporates,” she says.

Work-life balance MS PITchES SAyS MckEnzie Ellis tends to focus on the Auckland market, and has found that there is a continuing demand for part-time, contract and or flexible work, “generally not matched by employers”.

She says it is not only women with children seeking alternatives to full-time, permanent employment.

“We would have a 50/50 split between men and women on our books in this regard.

“Another trend we have con-

tinued to see over time is the number of solicitors, again both men and women, striving for a better balance between work and life. We are taking enquiries from increasing numbers of candidates looking to move from bigger to smaller firms, so they get the opportunity to both feel fulfilled in their career, and spend time enjoying life,” Ms Pitches says.

Ms Watts has also noticed this shift in priority and says the provinces are a natural progression for seeking such balance.

“It tends to be an area with young professionals who are looking to start a family and establish their children into schooling. Many of our clients in the provinces have remained busy despite the market downturn and opportunities are still available for good lawyers in many areas.”

It is not only women with children seeking alternatives to full-time, permanent Overseas employment opportunities

ThE TRADITIonAl InTERnational legal markets for New

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Zealand lawyers such as London, the Channel Islands, Hong Kong, Singapore and the Middle East continue to recruit international solicitors, according to Ms Rogers.

There is a growing demand for language skills, local qualifications and local experience for many Asian and Middle Eastern positions.

“London recruitment has picked up over the last six months, particularly in finance, construction, projects, IT/IP commercial and financial services.

“We are also seeing a steady interest in corporate, finance and funds experience in offshore locations, including the Channel Islands and Cayman.”

Ms Rogers says candidates with a minimum of at least three years’ PQE in a large firm have the strongest bid for such positions.

Momentum Legal and Regulatory specialist Carla Wellington says, however, that it is still difficult for lawyers to secure a role before they arrive in their overseas location, in contrast to the pre-global financial crisis period when lawyers from top firms would typically have several offers before even leaving New Zealand.

“Lawyers without ancestry visas will also be at a disadvantage as UK firms have tightened visa requirements,” she says.

There is a growing demand for language skills

Rise of medium sized firm MS WEllIk SAyS ThERE ARE indications that large firms are not currently expanding, but small and mid-sized firms are looking at ways to increase capacity, “be it to manage their current workload, or on the other hand expand their client base”.

“Succession planning is also a significant

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issue for a number of practitioners so there are quite a few individuals looking to sell or buy a practice, and a number of firms open to bringing in new partners through lateral hiring.”

She says private practice firms in both Wellington and Auckland are “for the most part” replacing people when they leave, rather than expanding.

“Sometimes they’re just redeploying people internally instead of replacing them. However many of the firms are running fairly lean teams at present so they’ve reached the point where replacements are often essential when they receive a resignation.”

Ms Pitches says high calibre candidates are always in demand, and not just in the top-tier firms.

“Many mid-tier firms are seeking these types of candidates too. Also, senior practitioners with portable client bases are in high demand,” she says.

Finding the right people during a period of growth lAnE nEAvE huMAn RESouRcES MAnager charmaine herron says the law firm is experiencing growth in some areas of its practice.

“Employment levels are up from last year,” she says.

The South Island firm uses various platforms for sourcing the right candidate for the job.

“Our first approach is to run the recruitment process in-house,” says Ms Herron.

The firm uses its own website, as well as Seek, newspapers that are relevant to where the position is based, legal publications and a staff referral programme.

“If this approach hasn’t been successful, we may then consult with a recruitment company.

“Depending on what level we are recruiting for, we will then decide which media platforms and other sources will attract the best candidates.

“Lane Neave run a staff referral programme which relies on networks and connections. We will also search through relevant industry organisations for specialist roles.

“If using a recruitment consultant, we would expect them to use their networks, which may include an element of ‘shoulder tapping’,” says Ms Herron.

She added the firm is prepared to wait “for as long as it takes” to find the right person for the job and that employees tend to stay within the firm for seven to 10 years.

FE ATuRE

The firm has a high retention rate and its turnover is low, with a number of staff members having stayed for over 20 years.

“It’s expected that we usually lose professional staff to overseas travel at the three-plus year mark. It’s an important part of their professional development to have some type of overseas experience. This is not unusual in professional service firms and just requires planning.

“We hope that once they have had this experience they may then consider returning to the firm.”

Cooney Lees Morgan practice manager christopher Mayes says the North Island law firm is “currently looking to take on staff at different levels of experience”.

The firm uses a mixture of methods to find ideal candidates, including recruitment consultants, online advertising (Q-Jumpers and Seek), its own website and a recently introduced staff referral system.

He says the firm also has a high staff retention rate with a number of staff having been with the firm for over 15 years.

“Previously, for junior roles, we tended to look at candidates with a minimum of two years’ PQE (depending on the role). More recently, we have taken on graduates and this has been successful for us. Finding more experienced candidates is still challenging though” Rather than losing employees to opportunities overseas, the firm has gained from those returning.

“We tend to attract those who are returning from overseas or looking to move out of Auckland or Wellington.

“They have done the ‘big city law firm’ experience and are looking for a better work-life balance.

They are quite often young couples and those with, or looking to start, a family. We offer a high quality of work in a collaborative and supportive environment, and also the opportunity to get home while it is still daylight,” Mr Mayes says.

Finding more experienced candidates is still challenging though

Business not as good as we think lAW STuDEnTS AnD nEW gRADuATES may be disappointed if they are chasing high salaries and the now elusive partnership, according to practice management consultant Ashley Balls of LegalBestPractice.

He says the trend of having too few jobs available for the number of graduates pouring out of law schools has been the case for a while.

“If you look at the number of new admissions each year … the attrition rate between LLB and getting a practising certificate is huge.

But it’s always been huge. The LLB has been a route to employment rather than just qualifying as a lawyer.

“They go off into the public sector and work as civil servants and policy analysts having got a law degree but they don’t necessarily qualify as a solicitor [or] they might qualify as a solicitor and never practise. There’s always been at least half that never go into being a journeyman lawyer or in-house counsel or work for a local authority legal department or go to the bar.”

Whether the trend is continuing in a skyward direction is unclear, but Mr Balls does believe there are too many lawyers.

“I think we are, as a society, over lawyered.

Having said that, if you talk to individual firms they will tell you how difficult it is to recruit.

But of course they want them ready made.”

He believes firms are reluctant to train people for fear of losing them once they gain the experience.

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“There’s always this – firms not wanting to invest on the one hand, and on the other hand, complaining there aren’t any ready-made people.”

Newly qualified salaries on year-by-year basis are a good guide to the economic conditions in the legal industry.

“Salary increases for the newly qualified have barely kept pace with inflation, so there’s almost an economic disincentive to become a lawyer these days. There are better careers to be had.

“There are still firms out there that think that somebody who spent three years at university, three months at the College of Law and two years getting some experience under his or her belt is still only worth $33k to $35k a year. That, to my mind, doesn’t sound like a good investment.

“Particularly if you contrast it with medicine.

Young practitioners in medicine, and most are in the public sector, but a young registrar in a hospital in their late 20s is earning $80k plus. The lawyer at the same age isn’t. Not on average anyway.”

To Mr Balls, this is evidence of a squeeze on profits.

“That evidence is actually borne out in another way. If you go back 10 or 12 years, for every partner (in private practice) there was one qualified assistant solicitor. So you had a leverage ratio of 1:1. Today, your leverage ratio is about 2:1.

“So why have they got twice as many lawyers per partner? That, to my mind, says that there’s not enough profit to go around to enable promotion of people into partnership.”

Medium-sized law firms are also stretching the leverage model, according to Mr Balls.

“It means career structures have to change and we have to find new careers for senior associates who may never become partners. It’s no longer a guarantee.

“I’ve not seen law

firms create a structure for that group of people who are never going to make it on the ownership table. I think that’s a missing ingredient and I think something has to give here and we have to find a status and some kind of functional responsibility that gives these people a real career.

“At the moment a 45-year-old senior associate who’s been in private practice for 20 years would be viewed with suspicion as to why they aren’t a partner.

“This is my personal take on it, and may be different to everyone else’s, but it’s valid because it’s about long-term careers and they seem to be few and far between, which is a discouragement.”

The legal industry will have to go through some kind of “rapid evolution to sort it out”, says Mr Balls.

In Britain, he says, law firms have Alternative Business Structures (ABS) where there are outside investors owning law firms, therefore creating more careers with totally different business structures to that in New Zealand.

The incorporation model in New Zealand does not generally allow someone, as a non-solicitor, to go out and buy shares in a New Zealand law firm. There is therefore no incentive for these firms to create new careers, because they don’t have to.

“They can call themselves an incorporated law practice but it’s actually another form of partnership.”

An upside to New Zealand, as Mr Balls explains, is that the legal job market is small, has less “highly focused specialisation” and is becoming more “client centric”.

He believes this is great for young lawyers because it means they don’t end up, as he has seen in the UK, working for a decade in the same highly specialised area of law.

“If you’re the young lawyer it’s great, opportunities are better. But for the employer, the employer is wanting ready-made people and are not being able to find them because a lot of law firms are not investing in training structures. The big firms are.

“If you’re in that mid-sized firm, they don’t make the investment to the same degree in people; in creating careers and in creating structures and opportunities for them.

“The law firms who complain that they can’t recruit, to a very large extent only have themselves to blame.

Maybe they don’t apply standard investment criteria.”

It means career structures have to change

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PEOPLE IN THE LAW Law firms and practitioners are invited to send in announcements of appointments, promotions, retirements or other information for this column. You may also send photos (preferably colour) in hard copy, on disk or by email in JPG format scanned at 300dpi. Items should be sent to LawTalk, DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, ph (04) 463 2982, fax (04) 463 2985, email editorial.lawtalk@lawsociety.org.nz. The usual editorial discretion applies.

pEoplE Professor Ron Paterson will become an Ombudsman when one of the incumbents, David McGee QC retires from the role on 31 May. Professor Paterson is at present Professor of Health Law and Policy at Auckland University and chair of the Banking Ombudsman scheme.

He was Health and Disability Commissioner from 2000 to 2010 and Deputy Director-General, Ministry of Health, 1998–99. Professor Paterson was the 2009 New Zealand Law Foundation International Research Fellow. During his time as fellow, he researched and wrote the book The Good Doctor: What Patients Want. This book concludes with proposals to lift the veil of secrecy, to inform patients better and to revalidate doctors periodically, all key ways we might improve patient care. He is also co-editor of the textbook Medical Law in New Zealand (2006).

Sir Ian Barker QC and Phillip green have been named as New Zealand representatives for the UN-sponsored resolution of Sir Ian Barker international property disputes.

They join the roll of global mediators working with UNESCO in settling international cultural property Phillip Green disputes in the framework of the Intergovernmental

Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation. Sir Ian is an Aucklandbased arbitrator and mediator. Mr Green, a Wellington-based mediator, arbitrator, adjudicator and barrister, was until recently an adjunct professor of alternative dispute resolution at Massey University and is Director of its Dispute Resolution Centre. Both are past presidents of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). UNESCO’s aim is to make use of the world’s best mediation and conciliation expertise to assist in finalising the return of significant items of international heritage to the relevant parties.

Mai chen was awarded the supreme Judges Panel Award at the prestigious New Zealand Chinese Business Elite Awards on 23 March. A founding partner of Chen Palmer, Ms Chen was also awarded the Professional Excellence Award. Both awards are in recognition of Ms Chen’s legal leadership, her 26 years of legal expertise and her work connecting Asian businesses with New Zealand partners and the machinery of government. The awards were a special celebration of success by Chinese business people in New Zealand.

Rukumoana Schaafhausen has been reappointed a director of Genesis Power. An Auckland-based lawyer, Ms Schaafhausen has been a member of Te Kauhanganui/Te Arataura (Waikato/ Tainui tribal parliament) since its inception in 1995, and is a lawyer specialising in commercial and governance work.

on THE moVE Bryan gundersen has commenced practice as a commercial barrister in Wellington. Bryan is an experienced corporate and commercial lawyer with a particular focus on commercial transactions and dispute resolution in energy markets, emission trading, economic regulation and competition law. Bryan was previously a senior partner of Kensington Swan, managing partner of the firm’s advisory business unit and leader of the firm’s energy and resources practice group.

Jennie Burney has returned to Dennis King Law as a senior lawyer. Jennie specialises in information technology law.

Before returning to DKL, Jennie worked as in-house counsel for a multimedia development company.

Her work involved negotiating and drafting contracts with large overseas corporates.

Sarah fitzgerald has joined Buddle Findlay’s Auckland office as a solicitor in the corporate and commercial team.

Before the move, Sarah worked as a solicitor for the Ministry of Health.

Terry Mclaughlin has been appointed the new chief executive

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PEOPLE IN THE L AW of Duncan Cotterill Lawyers. Chief executive of the New Zealand Institute of Chartered Accountants for the past five years, Mr McLaughlin was earlier executive director of Audit New Zealand. As a chartered accountant, he is no stranger to professional services, having spent his career in various roles, including time as a partner with Ernst & Young. Mr McLaughlin returns to his Christchurch hometown from Wellington.

Harshad Shiba has joined Stewart Germann Law Office (SGL) of Auckland as an associate.

Harshad advises both franchisors and franchisees in all aspects of commercial law and also provides advice in relation to setting up and implementing franchise systems.

Jones Fee has appointed Virginia Wethey an associate. Virginia began her legal career at Jones Fee before spending nearly 10 years in the United Kingdom working at two specialised insurance practices in

WELCOME TO THE PROFESSION The New Zealand Law Society welcomes the following recently admitted lawyers to the profession.

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London. In May 2011 she re-joined the firm and now specialises in insurance litigation and advice with an emphasis on liability claims (particularly professional indemnity), fire and general insurance (including earthquake claims) and policy coverage.

Lara Blomfield

Lauren Hibberd

Sainsbury Logan & Williams in Napier has appointed three former associates, Lara Blomfield, Lauren Hibberd and Lincoln Reid, Lincoln Reid as partners. Lara and Lauren become the firm’s first ever female partners since its establishment 138 years ago. Lara specialises in resource management and local government law. She has also developed a civil litigation practice since joining the firm in 2008. Lauren specialises in corporate and commercial matters including advising on commercial property transactions, financing and

C h rist c hu r ch Claire Elise Brighton We ll i n gt o n Sarah Claire Salmond A u c kl a n d Rana Muhammad Asad Abbas Rowan Harry Ashton Rebecca Kathleen Scanlon Bergin Emma Ellen Biggs Edwin Alan Boshier Richard Seiji Bracefield Jessica Sian Braithwaite En Ling Elena Ching Hea-Soo Chung Robert Antony James Clarke Nicole Elizabeth Copeland Jade Tepaea Beryl Cummings Eleshea Ann D’Souza

securities law. She joined the firm in 2009. Lincoln Reid joined SLW in 2010 after working locally and overseas. He deals mainly with commercial, rural and property law.

Sarah Davis has become a partner in Glaister Ennor’s commercial team.

Previously special counsel with the firm, Sarah has over 20 years’ experience in commercial and corporate law. She specialises in mergers and acquisitions, joint ventures, capital raisings, shareholding agreements and the Securities Act. Kathy Bell has been appointed an associate of Raymond Donnelly and Co, the Crown Solicitor for Christchurch and Greymouth. A senior counsel in the firm until the end of March, Kathy has been with the firm and office since October 2007 and a senior counsel since 2010.

Kathy will take responsibility for the prosecution of major crime, actions under the Criminal Proceeds Recovery Act and regulatory compliance.

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PROFILE

Letting go for gifted kids

Max, Ellice, Cheyanne, and Vincent are part of a selected group of Gifted Kids students, who kayaked along the Puhoi River with Auckland lawyer Len Ward.

By Rachael Breckon Auckland lawyer Len Ward is to face his fear of heights and jump off the Auckland Sky Tower in an awareness and fundraising campaign for Gifted Kids.

Challenge Vertigo: Len’s Launch for Extraordinary Minds, detailed that if Len was to reach $10,000 by the end of March, he would jump 192 metres off the country’s tallest man made structure. The goal was reached a week early.

The challenge wasn’t limited to the bungy jump. Mr Ward, who is chair of the charity organisation, will also take three different groups of selected students to participate in different outdoor activities.

These include: a kayak up the Puhoi River; a ride in the Corkscrew Coaster at Rainbow’s End; and an Auckland Harbour Bridge climb. Students will also accompany him up the Sky Tower at the end of April, but Mr Ward will be the only jumper.

The fundraising venture, driven by social media and attracting the attention of high profile users, was less about money but more about bridging gaps that often exist between a board, staff and the clients – who in this instance are gifted children, generally from low decile schools, Mr Ward says.

“We are all in this together.”

Mr Ward was a late comer to the law, originally from a business background, where he held top positions in the energy and finance sectors. After working in law firms he combined his business knowledge with his legal skills and became the founder and principal of Tusk Legal Services.

Part of his decision to become a solepractitioner was so he would be able to

do more charity work.

Mr Ward’s involvement with Gifted Kids began through the request of a long-term friend.

After investigation into the not-for-profit Len Ward organisation and a first-hand look at the work being done in Wellington and South Auckland, he decided to get on board.

“It is not hard when you meet the kids,” Mr Ward says.

However, a cease in government funding due to the global recession has meant the organisation has had to work hard to secure their funding.

General public misunderstandings surrounding giftedness is another issue that faces the organisation, Mr Ward says.

He explains that the school system is based around getting the majority to a certain level, and children who are exceptional critical thinkers and fast learners can suffer a “great deal of adverse consequences”.

Bored primary

school children will often “shut down completely” or “start acting up” creating problems in the classroom. They often also find it difficult to socialise. Teachers are often ill-equipped to recognise giftedness and sometimes children are labelled as ADHD or autistic, Mr Ward says.

While there are no financial parameters to attend the one day a week programme, the organisation focuses on students from low decile schools, where parents and teachers are less likely to have the resources gifted children need to fulfil their potential.

Challenge Vertigo: Len’s Launch for Extraordinary Minds has reached its target, but it is still possible to donate to Gifted Kids on www.givealittle.co.nz/ cause/LensLaunch or find out more about the organisation at www. giftedkids.co.nz/.

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Pr aCtIsInG well How to increase mental wellbeing

By HUGH noRRiSS In ThE PREvIouS ARTIclE on workplace wellbeing I outlined the importance of mental health in the workplace. This is not just in terms of common disorders related to depression, anxiety and substance misuse, but also persistent problems such as chronic stress, lack of sleep, negative or unrealistic thinking habits and relationship difficulties. These problems can be behind physical illness, absenteeism and lack of engagement at work.

Mental health also has a positive side, which is mental wellbeing. When mental wellbeing increases, so does productivity, creativity, empathy, physical health, and resilience (our ability to bounce back from adversity). Risks of mental and physical illness are also reduced.

According to latest science in the area of positive psychology, optimal mental health correlates strongly with positive (but realistic) emotions, meaning and purpose in life, and being engaged in satisfying activities and relationships.

So improving mental health is not just about reducing problems and costs related to poor mental health, but also taking advantage of the productivity and competitive benefits an organisation can find in increasing optimal mental wellbeing among employees.

But can we really increase our mental wellbeing – or is it determined by our personality type, or how well we do in life in terms of our socioeconomic status?

To explore this question, pioneering researchers in wellbeing, Lyubormirsky, Sheldon and Schake reviewed existing literature. They concluded, yes that people do have a “happiness set point” based on their personality and also external social conditions do matter. But these were around 50% and 10% respectively, leaving 40% of our wellbeing to be determined by our more intentional behaviours and attitudes. They also concluded that when people are able to boost their wellbeing beyond their set point, there is a tendency to slip back to this point over time. For

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those of us with more pessimistic or anxious personality types, who want to become happier, this may be especially relevant and challenging. The research suggests that like our physical health, maintaining our mental wellbeing is a lifelong commitment. There are no quick fixes and we need to keep modifying our wellbeing practices to keep them fresh and engaging, and real to who we are.

So what are some evidence-based approaches that can be used in the workplace for increasing mental wellbeing?

The workplace wellbeing literature concludes that aspects of organisational design, policies and leadership are all important factors, as they can support most people’s needs to have a sense of accomplishment, engagement, good relationships, a degree of certainty and autonomy.

A complementary approach to reviewing organisational design is to see the opportunities to spread information about mentally healthy behaviours and life strategies in a way that fits with the organisational culture. If you are a respected leader in your organisation, just living some of these behaviours will likely positively influence your colleagues.

Analysing public health data from a 50 year longitudinal study, researchers Christakis and Fowler found that emotions are powerfully contagious and health behaviours spread through social networks. It’s likely that if your organisational culture is explicit about wanting to be psychologically healthy, you will find champions among staff who will emerge to informally organise activities and events to boost wellbeing in their teams and beyond.

There are many psychologically healthy practices that if done regularly, either individually or in a group setting, will strengthen mental wellbeing. Here are a few examples:

Gratitude Expressing gratitude takes our

focus away from what we don’t have to what we do have. It also counteracts the negativity bias, explored by leading behavioural researchers such as Baumeister and Kahneman, that appears to be at least partially hardwired in the human brain.

Gratitude has been a tenet of wisdom traditions for thousands of years, and now experimental studies from social psychology have shown the emotional and interpersonal benefits of practising it.

Writing down three good things that you’ve been able to appreciate each day by keeping a gratitude diary has been shown in research studies to significantly increase mental wellbeing.

There are a number of smart phone apps that you can use for this purpose if you prefer tapping to writing.

Acts of kindness The body of serious social research on kindness is growing. Even small acts – not expecting anything in return, such as letting someone into the traffic, writing someone an appreciative email, listening unconditionally to an acquaintance, paying for the coffee of the person next to you at a café, stopping to help someone, sending someone an anonymous small gift – significantly increase wellbeing.

This is not only for the recipients, but often more so for the giver. It has been reflected in many wisdom traditions, and now social science, that unconditionally focusing on others’ welfare has beneficial wellbeing effects.

Mindfulness A definition of mindfulness is “the practice of giving our full attentiveness to what is immediately occurring, physically and mentally, both within and around us”.

This is a very simple concept, but hard for many of us to do, especially in a world that encourages powerful distractions such as multitasking, electronic gadgets, speed and multiple deadlines. For

PR ACTISING WELL This is a more logical approach too, compared with what many of us do, which is to compare our inner flaws with others’ outer successes.

The benefits to wellbeing of self compassion are shown again in an amalgamation of data from wisdom traditions and experimental studies from researchers at Texas and Harvard Universities. Self compassion can be increased in a number of ways. One approach is to react to yourself and all your foibles in the same way as you would a much loved friend, with patience and understanding.

These are just a few examples and there are many more ways to increase our mental wellbeing. Some other wellbeing strategies have been covered in previous LawTalk articles, including getting enough good quality sleep, exercise routines and a healthy balanced diet.

For those who would like more detail about examples in this article and further supporting evidence, a good place to start may be a recent (2013) report from the Harvard Medical School, titled Positive Psychology, Harnessing the

those who can master a simple regular mindfulness practice (for some this may be meditation or yoga) the benefits are shown to be substantial.

Mindfulness has been shown to improve physical and mental health and also increase empathy, concentration and memory as well as reducing stress.

A Google search for mindfulness research brings up over 5.6 million results, which indicates the increasing science in this area. At Working Well we recommend that if organisations want to encourage mindfulness, that employees receive some group training from an experienced mindfulness teacher, in the same way that you would for learning a new sport or craft. This is something that organisations can sponsor as part of their wellbeing programmes or as a series of lunchtime events.

Self compassion Often we are much harder on ourselves than we are on those we care about. Self compassion allows us to be kind, forgiving and understanding towards ourselves too.

power of happiness, mindfulness and inner strength, available from www. health.harvard.edu.

Alternatively feel free to contact us at www.workingwell.co.nz for more information.

Hugh Norriss is the Director of Policy and Development at the Mental Health Foundation of New Zealand, and also the Director of Working Well. Working Well is the Mental Health Foundation’s programme to support workplaces to be mentally healthy. Before joining the Mental Health Foundation in 2009, he has held a range of leadership positions in mental health services, including Group Manager of Mental Health Services and Mental Health Planning and Funding Manager at Capital Coast Health 2005-2009 and Chief Executive of Wellink Trust, 1997-2005. Having worked in mental health services for 12 years, Mr Norriss joined the Mental Health Foundation to pursue public policy and information work in advocating for better ways to protect and promote the mental health of all New Zealanders, including in the workplace.

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PROFESSIONAL DEvELOPMENT 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. This series will provide key information on the proposed initiative.

How much CPD do lawyers do at present?

The Law Society ran a survey in 2011 on continuing legal education. With over 8,000 lawyers participating: ▪ 54% of lawyers had completed 11 or more hours of formal CPD in the last year, with 30% having completed over 21 hours; ▪ 66% of lawyers had completed over 11 hours informal CPD, with 44% completing more than 21 hours; ▪ however, 26% of lawyers who responded had completed fewer than 5 hours of CPD in the last year.

The goal of the proposed CPD initiative is to build on this alreadyestablished culture of lifelong learning to lead to increased competency and improved conduct among all New Zealand lawyers.

What are key design considerations of the proposed CPD initiative?

To be lawyer-centred, by encouraging each lawyer to take responsibility for their own individual CPD requirements.

To be cost-effective and affordable, both in terms of the administration and for individual lawyers.

Flexibility is also an important factor, so that lawyers are able to meet the requirements regardless of their areas of practice, location and level of experience.

What happens next?

The NZLS Board has approved proposed CPD Rules. These will be considered by the Law Society’s Council

at its meeting in Wellington on 19 April.

Following Council approval, the Rules will then go to the Minister of Justice for her approval as required by s100 of the Lawyers and Conveyancers Act 2006. The Rules will then be published in the usual way.

The transitional provisions are planned to come into force on 1 October 2013, with the first full CPD year beginning on 1 April 2014.

How can I find out more information?

LawTalk will provide information on some aspects of the proposed initiative each issue from now on. Information will also be made available through the Law Society’s website, LawPoints and other communications. A seminar on the new Rules and the requirements of CPD will be held in October around the country, along with two webinars.

Raising awareness of electronic discovery

By AndREW kinG nEW ZEAlAnD’S InAuguRAl eDiscovery Conference attracted over 100 participants from across New Zealand’s legal fraternity, including senior lawyers, barristers, in-house legal counsel as well as electronic discovery service providers.

The event, held in Auckland on 13 February, was organised by Ernst & Young and E-Discovery Consulting.

The opening address by Judge David Harvey set the scene by providing a judicial viewpoint of the new rules, from both a legal and a technology perspective. Judge Harvey left delegates in little doubt about the importance of electronic information. He reinforced that lawyers

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need to be aware of the technologies and the technological processes that are required to manage this information.

Leading eDiscovery experts and practitioners from across New Zealand and Australia provided valuable insights with practical experiences of the tips and pitfalls of conducting electronic discovery.

The key themes of the conference included:

Need to learn more The eDiscovery process is now an unavoidable part of any litigation or investigation. To successfully conduct electronic discovery under the new

discovery rules it is essential to have a comprehensive understanding of the entire process.

Proportionality is a major consideration with the new discovery rules, but to be able to accurately assess proportionality it is important to know more about the eDiscovery process. This includes being more informed about the specific costs involved with each stage.

Early planning It is essential to thoroughly plan the eDiscovery exercise, and to do so at an early stage. Spending time at the outset Continued on next page ...

Professional development

Advanced litigation course ‘outstanding’ NZLS CLE Ltd’s advanced litigation skills course is “outstanding”, lawyers who have completed the course told LawTalk. It is “the best CLE course I have ever completed,” one participant said.

Aimed at litigators with at least six to 10 years’ civil or criminal law experience, the course helps participants to take that step up from smaller trials of one, two or three days in the District Court.

Based on one extensive civil case, “it gives you the virtual experience of running a long and complex case in the High Court,” says this year’s course director Jan McCartney QC. It focuses on all the skills needed in such a trial, including how to open, how to close, how to deal with the much more complex facts situation, how to work with expert witnesses, how to lead evidence, how to cross-examine and how to re-examine.

The course, Ms McCartney says, is valuable for numerous reasons, “but the thing that I think is most valuable is that it gives you great confidence that you are running things properly.

“It also gives you the opportunity to address aspects of the skills which aren’t as well honed as they should be.”

One skill Ms McCartney says she has observed is frequently not as well developed as it may be is leading evidence.

That basic skill has, with the notable exception of criminal barristers, been largely lost because of reading briefs of

evidence.

“The lawyers that this programme would be really good for are Family Court lawyers,” she says. “They just don’t have the same exposure to rules of evidence and therefore do not develop the skill set.”

Criminal barristers, on the other hand, “are getting ahead of everyone else in terms of these skills. They gain significantly greater confidence because of their exposure to trial experience.”

An advantage of the advanced litigation skills course for criminal lawyers is that the civil case the course covers is a “particularly complex fact situation.

This helps criminal lawyers see how they can transfer their skills into the civil area.”

A big advantage of the course for all participants is that it gives them the opportunity to try different ways of doing things.

“When you are in court,” Ms McCartney says, “You can sit there thinking: ‘if I tried it this way, how would it work?’”

Without knowing the answer, the real life court situation is not the place to experiment. However, the advanced litigation skills course is.

A participant can, for example, prepare more than one cross-examination of a witness and try them out. In her experience, participants like doing that, she says.

“You get to chance your arm. It is

very good for lawyers to have this opportunity. And, in doing that, some participants find that they are very good indeed.”

For participants who find they need assistance, they are very well supported by the faculty as well as by other participants.

The course has a social dimension, which gives the junior bar the opportunity to meet the more senior practitioners.

“You get to know people at different levels of the profession, and they get to know you. That’s invaluable in the profession if you want to contribute to it. The course provides you with contacts and connections in a good, friendly environment,” Ms McCartney says.

One major change has happened since she was a participant in the inaugural litigation skills programme in 1986 and the advanced course in 1990, and that is the number of women on the faculty.

Back then, there were no women on the faculty of the advanced course.

Five women are on the faculty of 16 for the 2013 course, and all will be giving demonstrations.

This year’s advanced litigation skills course will be held at the Terrace Conference Centre, Wellington, from 9 to 13 June and applications must reach NZLS CLE Ltd by 5pm Monday 29 April. More information is at www.lawyerseducation.co.nz.

Continued from previous page ...

aging their eDiscovery requirements.

Many law firms still have a tendency to “hit print” with electronic information.

This practice is adding unnecessary burden and cost to the eDiscovery process.

The perception that eDiscovery is expensive was dispelled. If eDiscovery is managed correctly (which means embracing the right technology and best methods for the matter), there will be a considerable cost saving compared to more traditional discovery methods.

The conference illustrated how there are tools that can assist in culling and filtering information, enabling information to be reviewed as efficiently and cost effectively as possible. There are many tools and practices available that can considerably simplify this exercise. Tech-

nology is becoming cheaper all the time, with some eDiscovery products starting from just a few dollars per month.

The conference was an overwhelming success and plans are already under way for another event in 2014.

Andrew King is a litigation support consultant at E-Discovery Consulting. He advises on strategies to plan every aspect of discovery exercises, simplifying the discovery process for lawyers. Andrew was a member of the working group of the High Court Rules Committee which introduced the new electronic discovery rules.

Contact: andrew.king@e-discovery. co.nz or 09 375 3055.

can lead to considerable cost savings later in the process.

Assessing what information you have and where it is, is now more complex due to the escalating volumes of electronic information organisations have. Even on the smallest of matters, doing this work at the outset can have significant advantages later.

If you do not have the internal expertise to help prepare for eDiscovery, ensure you have access to someone with the required expertise.

Embrace the technology It is important for legal professionals to embrace technology to assist in man-

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Professional de velopment

Does your firm have a prosperity plan?

This is the first of two articles introducing a new NZLS CLE Ltd programme “Secrets of Success – prospering for small to mid-size firms in New Zealand”.

Is an annual financial plan enough to shape law firm prosperity?

Another year is already rolling by.

Time to get those tax returns in again.

Time for another round of guesswork budgeting, wondering “Can the hourly rates can be raised this year?”, “Will we meet our targets?”, “What should we do about debtors?” and “Will things finally get back to ‘normal’ (code for the incomes of pre-recession years)?”

Perhaps the real question for partners is: “Are these actually the right questions to be asking if you want your firm to be more prosperous, and your income healthier?”

Interestingly, two recent surveys which focus on small to mid-size firms (FMRC www.fmrc.com.au and Markhams www.markhams.co.nz) both found that the low profit firms in their surveys actually recorded more billable time than the high profit firms. In other words, the fee-earners in low profit firms worked harder for less return. Working longer hours and recording more billable units does not seem to be the answer to better profits.

The traditional ways of practising are beginning to crumble around the edges, especially for those firms that have changed little in the last decade or so. Planning the financials once a year and waiting for clients to “show up” is not enough to create a prosperous firm today. If law firms don’t have a plan that helps them to anticipate, adapt, evolve and adjust to changes in the environment around them then declining profitability may be inevitable.

Facing 21st century realities The financial recession has only served to highlight concerns that already existed in many provincial and small firms. It is easy to point the finger at the recession for the uncomfortable drop in profits that many firms in New Zealand are facing. The environment in which lawyers operate has changed for good. New Zealand’s changing demographics and multi-cultural

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society, legislative reforms, enormous technological advances, major changes in the rural sector, the new generation of lawyers (over 60% female) with their different career expectations, changes in client needs, and the glut of baby boomer partners without clear succession plans are just some of the factors having a significant impact on the complexity of practising law today.

For many smaller to mid-size firms in New Zealand “business as usual” will never be business as usual again. Firms doing the same as they have always done to try to build profitability will find that traditional ways of working will not continue to produce reasonable returns.

There is a complex maelstrom of reasons that make a worthwhile return on investment harder to come by.

One thing is clear – practising law today is not the same as practising law 30 years ago or even 10 years ago. The ultimate reality is that New Zealand may not be able to sustain the number of small firm general practices that it has in the past. Innovative firms with a plan for success stand a better chance of survival than those which pay lip service to the idea of modernisation.

Secrets of success Lawyers went to law school and learnt to be lawyers. Becoming a partner was a career progression step. Many partners did not think of themselves as business owners. Some still don’t. Some don’t want to think of themselves as being responsible for running a “business”.

In the past the role of being a partner involved working hard (sometimes too hard), and being a good legal technician.

Some (not all) partners also had some rain-making skills. Being a partner did not necessarily involve being a business person. Times have changed, and in the current climate being a good lawyer alone is not enough to ensure prosperity.

Despite a changing landscape, surveys that gather data annually from small to mid-size firms are showing that some firms have been pulling away from the pack. So why is it that some smaller city and provincial firms are enjoying the financial fruits of success while others are muddling along producing low returns that don’t leave

enough in the pot for re-investment?

The successful firms are doing much more than taking a “business as usual” approach to their practices. Whether they are doing that alone or with help from external experts, they are using strategic thinking, innovation and leadership skills to shape their firms.

Not surprisingly then, the first secret of success is to acknowledge and accept that if you are a law firm partner then you are in fact a proprietor, a business owner. Being a proprietor is a completely different role from being a lawyer. It requires different skills, a different mindset and a different approach to building and running a legal practice. It requires owners/partners to show the courage and commitment of leadership. This may be daunting for some partners, but it is also interesting and exciting for those who want a new challenge and to see the positive results unfold in their firms.

Thinking and acting like an owner/ director as well as a lawyer is the first step in building your firm’s prosperity plan. The Secrets of Success workshop will start at this point – what it means to be leading, planning, developing and building a successful legal business. Firms that prosper will no doubt already have partners who already do this (whether they understand what they are doing or not. It may be a natural talent or skill).

The Secrets of Success workshop will take partners through a process that will prepare them to really think and act like an owner, to understand the factors that create prosperous firms in New Zealand today, and to begin developing a prosperity plan for their own firms. As one provincial partner recently said to me about getting on the road to greater prosperity and success: “There are no easy solutions – only a requirement that partners and staff have an openness to change even if it challenges ‘what we have always done’.”

Irene Joyce of Professional Edge has been assisting law firms with business strategy for the past 17 years. She runs programmes for NZLS, including being a presenter on the Stepping Up course. She has developed the Secrets of Success half-day workshop which will run in several centres this year.

INSPECTORS' bRIEFCASE Financial Assurance Scheme: new risk management framework

By JEREmy F kEnnERlEy, NEW ZEALAND LAW SOCIETY FINANCIAL ASSURANCE MANAGER ThE nEW ZEAlAnD lAW Society Inspectorate is introducing a new risk management framework to support the inspectorate’s work. It is currently being finalised for roll-out in the middle of this calendar year.

Financial Assurance Scheme As previously discussed in LawTalk 814, Obligation to Maintain a Trust Account, ss110-112 of the Lawyers and Conveyancers Act 2006 (LCA), require every lawyer, who in the course of his or her practice receives money for, or on behalf of, any person, to ensure that the money is paid promptly into a bank in New Zealand to a general or separate trust account.

The Lawyers and Conveyancers Act (Trust Account) Regulations 2008 provide for the establishment of a financial assurance scheme (Part 8) and an inspectorate (Parts 5-7) to ensure that this happens.

The Law Society’s current Financial Assurance Scheme (FAS) is in place for the protection of monies entrusted to lawyers in practice and maintained through their trust accounts.

The objectives of the FAS are to: ▪ protect clients’ monies held in solicitors’ trust accounts; ▪ ensure that all practices operating a trust account meet the requirements of the LCA, any applicable practice rules and the rules and regulations as prescribed; ▪ detect practices that are not complying as above; and ▪ minimise the exposure of the Lawyers Fidelity Fund.

risks. A review of this cyclical based framework was commenced late in 2011 in order to develop and implement a revised risk management approach from the middle of 2013.

The new framework and accompanying policy: ▪ is based on an international risk management standard (ISO31000:2009); ▪ reflects current risk management practice; ▪ establishes the criteria for risk assessment; and ▪ provides a methodology for developing risk-based assurance trust account review processes.

The framework classifies and ranks six categories of risk in terms of severity and consequence and establishes a summary risk rating matrix based on the likelihood of occurrence. For each practice, a Practice Risk Profile (PRP) will be created and will be reviewed annually.

The PRP is a summary assessment of a practice’s risk management systems based on trust accounting systems, client trust funds activity, compliance culture, practice health and other relevant information. The process concludes with each practice receiving a risk ranking: being high, medium or low.

The timing and frequency of reviews will be driven primarily by the level of identified risk. In short, the higher the risk of the practice then the more frequently it will be visited and/or reviewed.

Trust account reviews To deliver this framework, a series of revised trust account review types are being developed: ▪ General Assurance Review – the review of a wide range of risk review elements to provide a wide compliance check; ▪ Limited Assurance Review – the review of a number of risk review elements to enable a limited compliance check; ▪ Focus Assurance Review – the review of identified specific issues; and ▪ Exit Assurance Review – the review of all matters pertaining to the closure of a trust account operation.

Using the operational risk assessment, the PRP and the collective knowledge and experience of the inspectorate, a review approach can be determined for the practice and an appropriate review assurance template selected from the above list. This approach provides far greater flexibility and allows a truly targeted approach to mitigate any identified risks.

Working papers All reviews will be carried out using electronic working papers. In addition, a revised standard reporting format is also under final consideration.

If anyone has further questions or requires any assistance please contact the Law Society’s Inspectorate through the Financial Assurance Manager jeremy.kennerley@lawsociety.org.nz, phone (04) 463 2936.

Risk management framework Since the commencement of the FAS in 1998, the Law Society has conducted trust account inspections on a timing cycle in order to mitigate identified

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PROFESSIONAL INDEMNITY What underwriters look for By dAmiAn ScHAdE WhAT Do underwriters really look for when underwriting professional indemnity for solicitors?

I have just spent a week meeting underwriters in the London insurance market and it is very apparent that they face the same challenges that underwriters in New Zealand face when underwriting professional indemnity for solicitors. There are more firms in the United Kingdom and the scale of operations is larger, but overall the risks and concerns faced by underwriters are the same.

In general most underwriters have a similar approach and look for the same key factors when considering premiums and coverage for solicitors’ professional indemnity insurance.

The first of these is the history of the firm, how long has it been around and where the partners have come from.

The next is what is their reputation within the market. Do they have a succession plan in place and where are they located? These are some of the common questions that underwriters will ask themselves when looking at the risk posed by a firm of solicitors.

Claims experience is crucial also and underwriters will look at what claims the firm currently has or has had in the past. They will also consider if there have been frequent claims over an extended period of time or a number of claims specific to one particular area of practice.

They will compare premiums received over a period of time with claims paid to determine whether a particular firm has been a good historical risk and in turn if they represent a good long term risk.

Current factors such as turnover and split of area of practice are also key

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aspects. As the firm’s turnover increases so does the risk as generally the more work undertaken the more potential there is for claims to arise as a result.

In New Zealand conveyancing and trust work tends to be seen as higher risk whereas in the London market fraud is one of the major concerns underwriters have. They will usually ask more questions and require further information from areas where they have higher levels of concern.

Underwriters will also look at what risk management procedures the firm has in place. Does the firm operate dual signing authority and how do they deal with conict of interest situations?

Do they do work outside the local jurisdiction or is all their work heavily weighted towards a single client?

External factors such as regulatory and statutory changes within the legal sector can cause concerns for underwriters as these changes may mean the potential for more claims activity.

The above are some of the factors underwriters take into consideration when they underwrite professional indemnity for solicitors. Whatever your practice type or size, the more comfort you can provide to underwriters that you have good risk management procedures in place the better your premium and terms of coverage will be.

Damian Schade is Principal, Assistant Vice President & Solicitors Practice Leader

at Marsh. Damian advises professional firms on all areas of risk management and liability insurance. damian. schade@marsh.com.

Survey for NZLS Legal Executive Diploma graduates 2013 STuDEnTS gRADuATIng from the New Zealand Law Society Legal Executive Diploma this year are invited to take part in a graduate survey. (The survey is not for those who graduated before 2013). The survey is anonymous and the results will assist in future planning to ensure the diploma remains relevant to the needs of both students and the profession. The survey may only be conducted online at surveymonkey.com/s/5WLF9BV and will close on 30 April.

The expert in professional liability and discipline LANE NEAVE LAWYERS CONTACT DUNCAN WEBB:

T 03 3793 720 M 021 244 3346 E duncan.webb@laneneave.co.nz

www.laneneave.co.nz

COuRTROOM PRACTICE Many expert witness problems are solvable MAny of ThE PRoBlEMS lawyers experience with expert witnesses could be solved by making some reasonably straightforward changes to practice, a new study suggests.

The study, Expert Witnesses Under Examination in the New Zealand Criminal and Family Courts, was recently published on the New Zealand Law Foundation website.

Lawyer Dr Emily Henderson and Professor Fred Seymour, who heads the clinical psychology programme at Auckland University and appears as an expert witness himself, interviewed 27 experts in sexual assault and child abuse and neglect who appear in court on an ongoing basis.

The expert witnesses identified three major problems with lawyers.

Inadequate briefing Getting only “15 minutes at the courtroom door” was a frequent complaint, especially about prosecutors. Experts reported that a lack of briefing meant the lawyer did not understand their evidence well enough to lead it properly, or made false assumptions about what they were able to say, leading to embarrassment in court.

Poor time management Experts said that the frequent rescheduling of trials at short or no notice and long delays waiting around at court caused them huge headaches at work and often significant financial loss, making them unwilling to appear at all.

Assuming experts understand court processes While some experts are confident performers and understand the court process well, many appear reasonably infrequently – maybe once or twice a year – and often have no training about being a witness. Many experts report having been so uncertain and nervous

during court appearances that they failed to explain themselves properly or stand up to cross-examination.

As a result, many experts prefer to avoid court and intensely dislike appearing.

Dr Henderson and Professor Seymour make the following recommendations:

Brief properly Finding time to give an expert in the midst of a trial or hearing can be very difficult. However, it can pay massive dividends in ensuring both you and your expert are on the same page and that you understand how to lead their evidence fully.

Briefing is also the moment to find out how much your expert knows about the court process. Recent research shows that briefing ordinary adult witnesses of fact about the purpose and techniques of crossexamination can dramatically increase their resilience under cross-examination.

Simple messages about their right to ask for questions to be clarified, their ability to ask for time to read an unfamiliar document put to them in cross-examination and about the need to remain calm and neutral could make a dramatic difference to any witness, including experts.

Making sure they have read the expert witnesses’ Code of Conduct, Schedule Four of the High Court Rules – fully endorsed in the Family Court and in part in the criminal court too – is really important to an expert’s performance. Remember, expert witnesses are not actually “yours”.

They owe an overriding duty to the court to give impartial advice.

Find time to debrief Spending a short while with your expert discussing how the case went – and even getting permission to give them the transcript of their evidence – will improve their performance next time and also hugely increase the chances they will want to appear for you again.

Time management: keeping experts in the loop Experts understand the pressures of work and they understand cases fall over.

Not bothering to call, repeated rescheduling and long delays at court are another matter.

Keep them informed Also, think about using alternatives to conventional practice to relieve the pressure. Remote participation in a trial isn’t only for overseas witnesses. It can save huge amounts of time for the expert. There is a prejudice that says evidence presented via screen has less impact on the witness. Actual research shows no traceable effect at all.

Make expert evidence easier to understand There is considerable research that juries and judges both struggle with complex expert evidence. The problem gets much worse where opposing experts appear. Briefing properly will help both you and your expert to explain the evidence simply and coherently. Consider using alternatives to conventional practices to make things easier to understand.

The Evidence Act 2006 already allows expert witnesses to give evidence consecutively. Hearing from experts one after the other makes it far easier to remember the first expert’s evidence and understand where the conflicts lie.

In the civil arena and the Family Court, consider asking for expert witnesses to be called together in a hot-tub situation.

Experience in Australia, where hottubbing experts is routine, shows it is very successful in increasing fact-finders’ understanding of the evidence. It also makes it much easier to catch out the super-charismatic charlatan experts we sometimes encounter, as your own expert Continued on next page ...

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Foundation backs constitutional review projects SUPPORTING INDEPENDENT LEGAL THINKING

Lynda Hagen

The Law Foundation is supporting two projects that will help stimulate debate and tease out issues relevant to the Government’s current review of New Zealand’s Constitution.

The first project is a series of five public debates on Radio New Zealand National tackling questions raised by the Constitutional Review. The debates, organised by the New Zealand Centre for Public Law, involve a high-profile guest line-up. They are being moderated by barrister Steven Price in front of live public audiences.

Centre for Public Law Director Claudia Geiringer says that wideranging conversation and debate on issues raised by the Constitutional Review are important to a successful review process.

“We’ve assembled a great line-up of eminent guests with a broad range of views, and we’re expecting lively and informed debate. New Zealand doesn’t discuss these issues much, but they go right to the heart of the way we govern ourselves.”

Everyone is welcome to attend the debates. They will all be recorded live at 6:30 pm on the dates given below. All will be at the Hunter Council Chamber, Victoria University Kelburn campus, except the third debate on Maori aspirations which will be at Te Herenga Waka Marae, also on Victoria’s Kelburn campus.

Each debate will be broadcast on the Sunday following the recording, and repeated on the Tuesday following that.

The first debate, What’s the problem, looked at the origins of the constitutional review and supporting process. It was recorded on Monday 8 April, and will be broadcast on Sunday 14 and again on Tuesday 16 April.

It features former deputy SolicitorGeneral Dr Matthew Palmer, Auckland Law School Professor Bruce Harris, historian Dame Claudia Orange, and lawyer Moana Jackson.

The second debate, Reforming our democratic institutions, will be recorded on Monday 15 April. It will feature former Prime Minister Sir Geoffrey Palmer, Professor Elizabeth McLeay of the Institute of Governance and Policy Studies, Dr Maria Bargh of Victoria University, and political analyst Colin James.

The third debate, Māori aspirations for constitutional change, will be recorded on Monday 22 April.

The guests will be Veronica Tawhai of Massey University, Waitangi Tribunal member Dr Rawinia Higgins, Tai Ahu of Victoria University, and Valmaine Toki, vice-chair of the United Nations Permanent Forum on Indigenous Issues.

The fourth debate, Human rights in the constitution, will be recorded on Monday 29 April. The speakers will be Professor Andrew Geddis of Otago University, Professor Margaret Wilson of Waikato University, lawyer and former ACT candidate Stephen Whittington and Chapman Tripp partner Jack Hodder QC. The fifth debate, Time to be a

republic? will be recorded on Monday 6 May. This will feature former Prime Minister Jim Bolger, Professor Janet McLean of Auckland University, and solicitor and former Young Nationals leader Michael Mabbitt.

The Law Foundation is also supporting a Centre for Public Law conference titled Unearthing New Zealand’s Constitutional Traditions. The conference, to be held at Victoria University on 29-30 August, will examine the traditions and ideals that underlie our Constitution, such as sovereignty, rangatiratanga, the Crown, the rule of law, democracy, equality and tikanga.

Conference topics will include Māori constitutional traditions, theories and origins of New Zealand’s constitutional order, progressive and conservative constitutional thought in New Zealand, and constitutional traditions and New Zealand’s constitutional future.

Overseas speakers include Professor David Hackett-Fischer of Brandeis University in the United States, Emeritus Professor Andrew Sharp of Birkbeck College in London, Professor Shaunnagh Dorsett of Sydney’s University of Technology, and Dr Kirsty Gover of the University of Melbourne.

More information about the Law Foundation’s funded research projects and grants programme can be found on www.lawfoundation.org.nz.

Continued from previous page ...

Avoid read-onlys

can call them out on misstatements immediately. Hot-tubbing also takes less court time, saving money.

Even in the criminal court, it is worth considering whether a hot-tub might work better for a jury. It might even be worth considering applying for some matters to be heard by judge alone.

We all know the other side often agrees to a “read” just to diminish the impact of the evidence. By improving the way you deal with experts and offering alternatives like remote participation the likelihood is experts will be willing to give evidence themselves.

The good news is that all of the experts interviewed were fully alive to

their ethical obligations and strive hard to remain impartial. The other good news is that they were equally prepared to appear for all parties. Some simple changes in the way we, as lawyers, practise could make a real difference to experts’ willingness to engage with us and might also considerably improve the quality of their performances in court.

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L A W TA L K 8 1 6 / 1 2 A P R I L 2 0 1 3

Lyn da Hag en Executive Director, New Zealand Law Foundation

CLIENT vIEWPOINT Raising the bar

By RicHARd STUART If lAWyERS Do noT uSE spreadsheets where appropriate, clients will notice the lack of professionalism and resent the subsequent costs incurred. It is time for lawyers to raise their game with consequential benefits for all.

The ability to use spreadsheets is now an entry level requirement in most professions and there is no reason to exclude lawyers from this expectation.

Lack of use or expertise with spreadsheets, as in the two examples below, make the legal process extremely time-consuming and inefficient.

When spreadsheets were used in both these examples, the most significant figures were copied to word documents which in itself gave rise to integrity problems between the spreadsheet and the word document.

For submissions, spreadsheets were always printed out, thereby removing most of their usefulness, including internal integrity, the ability to cross-reference and to review the underlying calculations.

Poor pagination made the spreadsheets extremely difficult to follow, totals became orphaned and one sheet would often flow onto several printed pages because of the number of columns.

Example 1 – family law case Marriage separation can at the best of times be a vexatious affair and it is highly unlikely parties agree on relationship property division at first instance. During disclosure both parties will exchange documents showing the value of relationship property, followed by haggles over the details. Documents exchanged will include a list of the assets, their value, totals, property allocation and the net transfer.

In this example, one lawyer did not use spreadsheets, only Word documents. All values were written out in figures with corresponding words in brackets. Each time agreement was

reached on some details, a new Word document was received from the lawyer, differences were identified and the painstaking task of reconciling the figures, including totals, was repeated.

After many time-consuming iterations, the other lawyer insisted on the use of a spreadsheet. All figures were removed from the settlement document and annexed in the spreadsheet appendices. Swift progress was made.

Example 2 – contract law case During a recent dispute, both parties were trying to recalculate incorrect invoicing going back several years. To complicate things there were disputes over invoice line items, GST and interest application.

These calculations obviously could not have been attempted without the use of spreadsheets. Submissions from lawyers on both sides plucked figures from their respective spreadsheet summaries to claim that the other side owed this or that amount.

The lawyers did not bring their laptop computers to the hearing and relied on spreadsheet printouts even though the originals were supplied. Considerable time was spent in explaining the details within the spreadsheets to the lawyers (details that were able to be identified from the laptop) since this was not apparent from the printed versions.

It was clear that the lawyers were

unfamiliar with spreadsheets, which was why they relied heavily on the summarised written submissions.

Better practice Spreadsheets were designed to perform manipulation of figures and therefore should be extensively used.

They are preferred to Word documents when compiling lists of numbers and explaining calculations.

Within a spreadsheet, agreed line items can be separated from the contentious ones using highlighting and totals can be verified. Spreadsheets can be used as a tool to identify and reconcile areas of dispute, as well as in final submissions.

Figures should not be placed in a Word document but instead be annexed in appendices. Documents submitted should always be supplied in soft-copy original form (spreadsheets, Word documents, scanned documents or emails) in addition to any printed format.

Richard Stuart is a client. He became very concerned about a number of matters (for which he was paying the bill) where he considered the lawyer or lawyers concerned were not performing to a professional standard. Rather than laying complaints, Mr Stuart decided that it would serve the legal profession better if he raised the in a forum open to all lawyers. He selected LawTalk and submitted this article for publication.

JUSTITIA Providing professional indemnity and specialist insurance products to the legal profession Visit our website www.justitia.co.nz for further information and application forms or contact:

Mr Ross Meijer, Aon New Zealand

 (04) 819 4000 • fax (04) 819 4106 email: ross.meijer@aon.com

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bRANCH NEWS souTHLAnd

new branch president InvERcARgIll criminal lawyer Bill Dawkins is the new Southland branch President.

He was admitted in 1982. The same year he joined the firm now known as Eagles Eagles & Redpath in Invercargill.

Mr Dawkins became a partner of the firm in 1987 before moving into sole practice in 2002, specialising in criminal law.

In addition to criminal practice, Mr Dawkins has been involved in Family Court work, including being Lawyer for the Child and a Youth Advocate. He has been a Youth Advocate since the introduction of that role.

He has also represented the Police Association in Southland since the mid 1990s.

He has served on the Southland District Law Society and branch councils for the last 10 years.

Mr Dawkins has also assisted with lawyers’ education, both on NZLS CLE Ltd’s duty solicitor introductory programme and as a member of the Litigation Skills Programme faculty for four years.

Mr Dawkins’ wife, Julie, is a primary school teacher and their two sons, Thomas and Eddie, have led him to become involved in cycling as a supporter and a volunteer.

Eddie is a famous name in cycling circles. He was a member of New Zealand’s sprint team that finished fifth at the 2012 London Olympic Games. Two years earlier, he won a silver medal at the same event at the Commonwealth Games.

Perhaps the best New Zealand team sprint performance came at the world championships in Minsk just a few weeks ago when the team gained a silver medal after being pipped by Germany by just five hundreths of a second.

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L A W TA L K 8 1 6 / 1 2 A P R I L 2 0 1 3

AuCKLAnd

nick Tuffley seminar

(From Left) Charlotte Baird, Scott Winnard and Victoria Bayly at the Nick Tuffley seminar.

nIck TufflEy, chIEf Economist ASB, presented insightful financial and business information to members in the third of the Auckland branch Seminar Series on Thursday 21 March 2013.

Mr Tuffley was appointed as ASB’s Chief Economist in January 2007, having previously worked at Westpac and the Reserve Bank of New Zealand.

He spoke about the global environment, which remains ever-eventful with European and United States politicians in deep debate over how to solve their debt problems.

He also gave an insight into what is in store for New Zealand, and the future of the housing market.

WA I K A T o b A y o F P L e n T y

young lawyers meet the judiciary ThE AnnuAl MEET ThE JuDIciary function for young lawyers will be held at the offices of Norris Ward McKinnon on Wednesday 24 April 2013. This year’s guest speaker is Coroner Peter Ryan.

Anyone who has been practising for five years or less is welcome to attend and should send their RSVP to Morgan Steele at morgan@nplaw.co.nz.

lawyer in miss india World hAMIlTon lAWyER AnAMIkA Singh is heading off to Malaysia to represent New Zealand in Miss India World, to be held on 27 April.

Ms Singh, who works for Bogers Scott Shortland Lawyers, was crowned Miss India New Zealand 2012 in April (see LawTalk 795, 11 May 2012, p25).

She beat 20 other finalists at a pageant in Auckland for the crown.

That victory qualified Ms Singh, who was born in India and brought up in Rotorua, for this year’s international competition.

MARLboRougH

president re-elected BlEnhEIM barrister Bryony Millar was reelected President of the Law Society’s Marlborough branch at its annual meeting on 27 March. Mrs Millar was first elected Marlborough branch President in 2010.

Mrs Millar began practising in 2002, when she moved from Christchurch to join Gascoigne Wicks. Around five years later, in November 2007, she moved to the independent bar, where she practises mainly criminal and family law.

Mrs Millar is a Youth Advocate, Lawyer for the Child, Counsel to Assist in both the District and Family Courts, on the Crown prosecution panel and on the Blenheim Care and Protection Resource Panel.

Outside the law, Mrs Millar combines her love of singing and love of acting in her involvement in musical theatre.

Simon Gaines was elected the branch’s Vice-President and the 2013-14 council members are: Jacqueline Eves, Nick McKessar, Laurie Murdoch, Miriam Radich, Nicola Utting and Scott Wight.

branch news

Criminal procedure The Marlborough branch has organised a seminar on changes to the Criminal Procedure Act, which are due to take effect on 1 July.

Sandy Baigent of the Public Defence Service will present this interactive seminar in Courtroom No 3, Blenheim Courthourse from 10:30am to 1pm on 17 April. Refreshments will be provided.

W e lli n g t o n

China Law Society visit

The head of the China Law Society delegation, Chen Zhongdong presenting a chinese painting to Wellington branch President Mark Wilton.

The Wellington branch hosted a visit by a delegation from the China Law Society on 25 March.

The six delegates from China – Chen Zhongdong, He Peng, Zheng Huiming, Gong Hongwei, Lu Weidong and Wen Songshan – spent two hours at the branch event.

As well as the welcome by branch manager Catherine Harris and thanks by branch President Mark Wilton, the delegation listened to a series of talks.

These were by Victoria University Law Dean Professor Tony Smith, Roman Jewell of IPLS, Penny Liu of Legal PlanIT, Briar Gordon of Parliamentary Counsel Office, and Patricia Green and Quentin Lowcay of Minter Ellison Rudd Watts.

branch President, Mark Wilton, said in his speech at the opening of the new Hutt Valley District Court on 25 March.

The development of the new Hutt Valley Court follows the closure of the Upper Hutt District Court.

“The closure of the Upper Hutt courthouse has caused pain and upset for many of our members and our community,” Mr Wilton said.

The profession, however, thanked Ministry of Justice staff for their recognition that the contribution from practitioners has been helpful in forming solid plans for the smooth implementation of the Hutt Valley District Court.

“We acknowledge the ministry for its work which has brought this courthouse project to this point and the concessions that it has made, particularly: changes to physical facilities including the number of interview rooms that we expect to see; the construction and organisation of court lists; the number of registry staff to manage the workload; and the instatement [of] a resident judge on this site,” Mr Wilton said.

Young lawyers’ events The Wellington Young Lawyers Committee held two events in March. They kicked off the year with an after-work drinks function at Chicago Bar on 7 March.

The evening was held to welcome recent graduates to the Wellington legal scene, as well as to catch up with familiar faces.

Around 150 people attended the event, which featured complimentary drinks and finger food, thanks to sponsors MAS and Simply Legal.

A “meet the grads” boat cruise was held on the evening of 21 March. The young lawyers cruised Wellington Habour aboard the Sweet Georgia, filling the boat for the event. Dinner was provided and drinks were subsidised, thanks to sponsorship by the Institute of Professional Legal Studies.

Nelson

Last of the Summer Wine Nelson practitioners enjoyed a lovely “perfect still evening” watching the sun set and the moon rise at the Last of the Summer Wine function on 23 March.

Around 60 practitioners turned up to the Tasman Bay Cruising Club for an evening catch up, and to wish Judge Blaikie all the best in his retirement.

Nelson branch manager Cathy Knight described the evening as a “a nice friendly gathering with a good mix of people.”

C a n t e r b u r y- W e s tla n d

End of summer barbecue A busy day of events in the Canterbury-Westland branch area on 8 March began with the admission of 10 lawyers at 2pm. More than 50 people attended the afternoon tea that followed at The George Hotel at 4pm.

Those attending included members of the judiciary and the branch council.

Then at 6pm, the junior practitioners held their end of the summer barbecue at Elmwood. As well as the meal, those attending played beach volleyball.

Hutt Valley Court opens The legal profession has a “fundamental interest” in the operation of all courthouses, the Wellington

L AW TA L K 8 1 6 / 1 2 A P R I L 2 0 1 3

25

UPCOMING PROGRAMMES Programme Presenters

Content

Where

When

Equitable Remedies

Fiduciary duties, constructive trusts, account of profits, knowing receipt, dishonest assistance... All Wellington of these can be very useful in both simple everyday litigation, as well as large complex disputes. But Auckland they were always difficult to understand at law school and they often strike fear into the hearts of many practising lawyers. The seminar will focus primarily on equitable remedies but will start with a discussion of important equitable duties that give rise to such remedies.

Webinar Webinar for smaller centres.

18 Apr 19 Apr

9-13 Jun

CIVIL Dr Andrew Butler Jessica Palmer

Advanced Litigation Skills

Director: Jan McCartney SC

Aimed at practitioners with at least 6-10 years’ litigation experience (either criminal or civil) this five-day Wellington non-residential programme follows the same methods that have proved so successful in the basic level NZLS Litigation Skills Programme. The advanced course builds on the skills developed in the basic level programme and enables participants to work on a case that requires a mastery of many legal and factual issues with a heavy reliance on experts.

Drafting Better Court Documents

David Goddard QC

A well written court document is clear, persuasive and consistent with procedural rules. It can have a significant impact on the outcome of a proceeding. You will look at statements of claim/notice of claim, statements of defence/response, interlocutory applications, notices of opposition and notices of appeal. You will learn helpful drafting tips and common traps.

18 Apr

Christchurch 6 May Wellington 7 May Auckland 8 May

Litigation Skills Director: Programme Janine Bonifant

This highly regarded residential week-long advocacy training course is open to applicants with at least Christchurch 18-24 Aug three years’ litigation experience. Selected applicants will perform exercises and be critiqued, observe themselves through video review and observe faculty demonstrations. It’s hard work, great fun and most participants say it’s the most effective value-for-money course they’ve ever attended!

Applications close Friday 7 June 2013

Introduction to Company Law

John Horner Ben Johnston Andrew Leete Mark Odlin Graeme Switzer Daniel Wong

This practical “transaction” based two-day workshop will equip you with the knowledge and understanding Auckland 13-14 May to deal with the purchase, establishment, operation and sale of a business.

Wellington 27-28 May Christchurch 6-7 June

Creditors’ Remedies

David Friar Rachel Pinny and John Larner or Jeremy Morley

The increase in the number of companies and individuals failing to pay their debts in part reflects the economic climate of the GFC. This seminar will provide a road-map to remedies available to secured and unsecured creditors as well as an update on the most recent cases. It will also examine practical aspects to consider before deciding which remedy path(s) to follow.

Commercial Law Intensive

Chair: Geof Shirtcliffe

For lawyers advising on commercial transactions, this day is a must. Chaired by Geof Shirtcliffe, the intensive includes sessions on: personal liability for commercial dealings, commercial insurance, the Financial Markets Conduct Bill and raising capital, the latest developments from the OIO, consumer law reforms, AML/CFT compliance requirements and a case law update.

Introduction to Criminal Law Practice

Noel Sainsbury

This practical two-day workshop will cover the fundamentals of being an effective criminal lawyer. You Wellington will gain essential skills to enable you to advise your clients about the range of available law-based Auckland resolutions which may apply to them and then learn how to put those skills into practice. This workshop is important for all practitioners wanting to be appointed to level one of the Criminal Legal Aid list, and those recently appointed to level one.

18-19 Apr 22-23 Apr (full)

Criminal Procedure Act Intensive

Chairs: Judge Bruce Davidson or Judge Chris Harding

This Act introduces the biggest change to criminal procedure in 50 years. Plan now to attend the intensive. Dunedin Christchurch Wellington Crown Solicitor Network Hamilton Auckland

21 May 22 May 23 May 28 May 29 May

COMMERCIAL/COMPANY

Webinar for smaller centres.

Dunedin Christchurch Wellington Hamilton Auckland Webinar

27 May 28 May 29 May 4 June 5 June 29 May

Wellington Auckland

27 June 28 June

CRIMINAL

Duty Solicitor Training Programme

Centre

Intro

Asssessment

Practice Court

Duty solicitors are critical to the smooth running of a District Court list. Here is a way to gain more of the knowledge and skills you need to join this important group.

You will: • complete pre-course reading on the key tasks of a duty solicitor • learn about penalties, tariffs and sentencing options • observe experienced duty solicitors (5 x ½ days) • develop your advising skills by working through a series of realistic scenarios • sit an open book examination • practise and improve your advocacy skills • make critiqued appearances as a duty solicitor at a practice court • be observed and assessed while appearing as a duty solicitor (a full day)

Wellington Nelson Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei

22 March 22 March 12 April 12 April 19 July 19 July 19 July (noon) 2 August 2 August 16 August 9 August 16 August 16 August 16 August 13 September 13 September

3 May 3 May (in Wgtn) 24 May 24 May (in Akd) 23 August 23 August (in Ham) 23 August (in Ham) 6 September 6 September (in Dun) 27 September 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 18 October 18 October (in Mnku)

4 May 4 May (in Wgtn) 25 May 25 May (in Akd) 24 August 24 August (in Ham) 24 August (in Ham) 7 September 7 September (in Dun) 28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)

Brochures for CLE programmes are distributed with LawTalk. If you have not received a brochure for any of the programmes listed, please see www.lawyerseducation.co.nz or email cle@lawyerseducation.co.nz or contact CLE information, tel 0800 333 111.

26

L A W TA L K 8 1 6 / 1 2 A P R I L 2 0 1 3

UPCOMING PROGRAMMES Programme Presenters

Content

Where

When

Equitable Remedies

Fiduciary duties, constructive trusts, account of profits, knowing receipt, dishonest assistance... All Wellington of these can be very useful in both simple everyday litigation, as well as large complex disputes. But Auckland they were always difficult to understand at law school and they often strike fear into the hearts of many practising lawyers. The seminar will focus primarily on equitable remedies but will start with a discussion of important equitable duties that give rise to such remedies.

Webinar Webinar for smaller centres.

18 Apr 19 Apr

9-13 Jun

CIVIL Dr Andrew Butler Jessica Palmer

Advanced Litigation Skills

Director: Jan McCartney SC

Aimed at practitioners with at least 6-10 years’ litigation experience (either criminal or civil) this five-day Wellington non-residential programme follows the same methods that have proved so successful in the basic level NZLS Litigation Skills Programme. The advanced course builds on the skills developed in the basic level programme and enables participants to work on a case that requires a mastery of many legal and factual issues with a heavy reliance on experts.

Drafting Better Court Documents

David Goddard QC

A well written court document is clear, persuasive and consistent with procedural rules. It can have a significant impact on the outcome of a proceeding. You will look at statements of claim/notice of claim, statements of defence/response, interlocutory applications, notices of opposition and notices of appeal. You will learn helpful drafting tips and common traps.

18 Apr

Christchurch 6 May Wellington 7 May Auckland 8 May

Litigation Skills Director: Programme Janine Bonifant

This highly regarded residential week-long advocacy training course is open to applicants with at least Christchurch 18-24 Aug three years’ litigation experience. Selected applicants will perform exercises and be critiqued, observe themselves through video review and observe faculty demonstrations. It’s hard work, great fun and most participants say it’s the most effective value-for-money course they’ve ever attended!

Applications close Friday 7 June 2013

Introduction to Company Law

John Horner Ben Johnston Andrew Leete Mark Odlin Graeme Switzer Daniel Wong

This practical “transaction” based two-day workshop will equip you with the knowledge and understanding Auckland 13-14 May to deal with the purchase, establishment, operation and sale of a business.

Wellington 27-28 May Christchurch 6-7 June

Creditors’ Remedies

David Friar Rachel Pinny and John Larner or Jeremy Morley

The increase in the number of companies and individuals failing to pay their debts in part reflects the economic climate of the GFC. This seminar will provide a road-map to remedies available to secured and unsecured creditors as well as an update on the most recent cases. It will also examine practical aspects to consider before deciding which remedy path(s) to follow.

Commercial Law Intensive

Chair: Geof Shirtcliffe

For lawyers advising on commercial transactions, this day is a must. Chaired by Geof Shirtcliffe, the intensive includes sessions on: personal liability for commercial dealings, commercial insurance, the Financial Markets Conduct Bill and raising capital, the latest developments from the OIO, consumer law reforms, AML/CFT compliance requirements and a case law update.

Introduction to Criminal Law Practice

Noel Sainsbury

This practical two-day workshop will cover the fundamentals of being an effective criminal lawyer. You Wellington will gain essential skills to enable you to advise your clients about the range of available law-based Auckland resolutions which may apply to them and then learn how to put those skills into practice. This workshop is important for all practitioners wanting to be appointed to level one of the Criminal Legal Aid list, and those recently appointed to level one.

18-19 Apr 22-23 Apr (full)

Criminal Procedure Act Intensive

Chairs: Judge Bruce Davidson or Judge Chris Harding

This Act introduces the biggest change to criminal procedure in 50 years. Plan now to attend the intensive. Dunedin Christchurch Wellington Crown Solicitor Network Hamilton Auckland

21 May 22 May 23 May 28 May 29 May

COMMERCIAL/COMPANY

Webinar for smaller centres.

Dunedin Christchurch Wellington Hamilton Auckland Webinar

27 May 28 May 29 May 4 June 5 June 29 May

Wellington Auckland

27 June 28 June

CRIMINAL

Duty Solicitor Training Programme

Centre

Intro

Asssessment

Practice Court

Duty solicitors are critical to the smooth running of a District Court list. Here is a way to gain more of the knowledge and skills you need to join this important group.

You will: • complete pre-course reading on the key tasks of a duty solicitor • learn about penalties, tariffs and sentencing options • observe experienced duty solicitors (5 x ½ days) • develop your advising skills by working through a series of realistic scenarios • sit an open book examination • practise and improve your advocacy skills • make critiqued appearances as a duty solicitor at a practice court • be observed and assessed while appearing as a duty solicitor (a full day)

Wellington Nelson Auckland Gisborne Hamilton Tauranga Rotorua Dunedin Invercargill Wellington Whanganui Hawkes Bay New Plymouth Palmerston North Manukau Whangarei

22 March 22 March 12 April 12 April 19 July 19 July 19 July (noon) 2 August 2 August 16 August 9 August 16 August 16 August 16 August 13 September 13 September

3 May 3 May (in Wgtn) 24 May 24 May (in Akd) 23 August 23 August (in Ham) 23 August (in Ham) 6 September 6 September (in Dun) 27 September 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 27 September (in Wgtn) 18 October 18 October (in Mnku)

4 May 4 May (in Wgtn) 25 May 25 May (in Akd) 24 August 24 August (in Ham) 24 August (in Ham) 7 September 7 September (in Dun) 28 September 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 28 September (in Wgtn) 19 October 19 October (in Mnku)

Brochures for CLE programmes are distributed with LawTalk. If you have not received a brochure for any of the programmes listed, please see www.lawyerseducation.co.nz or email cle@lawyerseducation.co.nz or contact CLE information, tel 0800 333 111.

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LAWYERS COMPLAINTS SERvICE Fined for breach of undertaking A lAWyER, W, hAS BEEn fined $1,000 by the Lawyers and Conveyancers Disciplinary Tribunal for breaching an undertaking.

The tribunal imposed the fine in [2013] NZLCDT 10 after the matter was remitted back by the Court of Appeal.

On 10 August 2010, the tribunal dismissed two charges that W faced. The lawyers standards committee appealed that decision to the High Court. In [2011] NZHC 659, the court found W guilty of negligence or incompetence in his professional capacity that has been of such degree as to tend to bring the profession into disrepute.

W appealed the decision to the Court of Appeal, which upheld the High Court finding.

In an ongoing contractual dispute over payment between a developer, D Ltd, and its head contractor, CCG Ltd, W acted for D Ltd and Mr R acted for CCG Ltd. CCG Ltd claimed it was entitled to payment of $91,003.64 for works which had been certified for payment by the project engineer; whereas D Ltd contended that an advance payment of $100,000 that it had made to CCG Ltd was sufficient to cover this payment.

By 10 January 2006, work stopped on the project and the parties’ solicitors attempted to see if the matter could be resolved. D Ltd had threatened to terminate the contract with CCG Ltd and engage another contractor.

On 10 January 2006, Mr R emailed W to advise that CCG Ltd was prepared to meet with D Ltd to discuss a resolution, but before this could happen the disputed payment had to be paid to CCG Ltd. W advised Mr R that D Ltd would not accept this proposal. Instead, W undertook to hold $91,003.64 in his trust account until a satisfactory resolution was reached. D Ltd and CCG Ltd

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later met, but nothing was resolved.

Then CCG Ltd commenced summary judgment proceedings in the District Court for recovery of payments it alleged were due to it. Summary judgment was refused. Following the release of this decision, Mr R wrote to W. An associate of W’s firm responded to Mr R, saying he had misinterpreted W’s email and that the undertaking “was given in the context of my client proposing a meeting between our respective clients before 13 January 2006 to resolve the matter. Your client refused to meet before that time and as indicated in W’s email, a new contractor has now been appointed to complete the works.

Accordingly the matter has now been resolved to our client’s satisfaction.”

Neither Mr R nor any other representative of CCG Ltd responded to the letter.

Between March 2006 and February 2008, the $91,003.64 held in W’s trust account was paid out.

Later, CCG Ltd obtained judgment in the High Court against D Ltd in the sum of $298,004.63, together with interest of $197,857.12.

The lawyer then acting for CCG Ltd, Mr C, wrote to W indicating that as a “satisfactory resolution of the matter” had been achieved by the High Court judgment, he was seeking to have the funds that were held on W’s undertaking released to him. W resisted payment, indicating that the undertaking had long since expired.

Mr C, on behalf of CCG Ltd, then made the complaint that resulted in the charges before the tribunal.

In his decision in the High Court, Justice Duffy said that the evidence was not consistent with an intentional or deliberate breach of an undertaking.

“Here, an imprecise undertaking has been gratuitously issued by a law practitioner who failed at the relevant time to appreciate the true import of

what he was binding himself to do.

This, in turn, has led him to breach his undertaking,” Justice Duffy said.

“The terms of the undertaking given were not complex, lengthy or unduly difficult; nor was W’s intention difficult to express. As can be seen from his evidence, had he given more thought to its language, he could have easily clearly expressed his intent. As it was, W drafted the undertaking so imprecisely that he failed to understand its true meaning.

“I consider that to draft an undertaking this imprecisely constitutes negligence or incompetence,” Justice Duffy said.

On the question of whether W’s negligence or incompetence would diminish the public’s view of the profession, Justice Duffy said: “I consider that they would think much less of the legal profession.

“The trustworthiness, integrity and standing of the profession would be diminished if a practitioner were to be permitted to say, ‘I should not have to honour this undertaking, because even though I drafted it, it does not say what I intended it to say’.

“This would be no better than permitting practitioners to avoid honouring their undertakings by reliance on fine legal points. I consider that if the profession were to view W’s conduct as acceptable, it would lead to serious loss of public confidence in the profession when it came to reliance on undertakings, and in general.

“The public would be entitled to assume that much of what the legal profession said about undertakings was nothing but fine and flowery language, and that when the call came for them to be acted on, they were not as reliable as the profession made them out to be.

Continued on next page ...

L AW YERS COMPL AINTS SERVICE

Not to be employed Sheryl Tier is not to be employed by any practitioner or incorporated law firm in connection with their practice, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ordered on 28 February. This order is to remain in force until lifted by the tribunal.

Ms Tier was found guilty, in [2013] NZLCDT 11, that as a legal executive she received a cheque for $30,326.02 from clients of the firm who employed her and paid the funds into her personal account.

The clients intended that the money be applied to repay a mortgage which had been borrowed from another client of the firm.

The lawyer who formerly employed Ms Tier is subject to an interim suspen-

sion order and has been bankrupted.

Ms Tier’s offending was “a clear case of opportunistic theft,” the tribunal said.

Two complicating factors existed in this case. One was that the complainant has a judgment for $170,000 against the practitioner who employed Ms Tier relating to a number of investments made through the bankrupted practitioner’s firm.

The second is that the complainant has made an application to the New Zealand Law Society’s fidelity fund, but that claim had yet to be investigated and considered by the Society.

“Should either of those sources fail to provide satisfaction and recovery of the loss to the complainant, we consider that an order for compensation ought to be made, so it will be made on a

conditional basis,” the tribunal said.

As well as the order not to employ Ms Tier, she was ordered to pay $25,000 (the maximum compensation the tribunal can order) to a family trust, on the basis the trust does not receive reimbursement for this particular loss from another source.

She was also ordered to pay the Law Society standards committee costs of $5,432.52 and tribunal costs of $1,200.

The tribunal also noted that internet enquiries indicated that Ms Tier may be employed by a law firm in Melbourne, and that the Law Society may wish to investigate whether this person was the Ms Tier the tribunal found guilty and notify the relevant professional body in Australia of the charge and the penalties imposed.

Refund of fees and apology ordered A lawyers standards committee has reprimanded a lawyer, A, for unsatisfactory conduct and ordered him to apologise and refund his client $3,042.65.

An employee of A’s firm, B, was contacted by a client, C, seeking assistance with the estate of his former wife and letters of administration.

C was pursuing the matter on behalf of his son when he instructed B, a staff solicitor, and paid $2,000 as a retainer.

Letters of administration were issued.

C later instructed the firm to take a case against the father of his late wife for allegedly taking some property following her death.

C arranged a meeting with the father to settle the matter but no resolution

was reached. C then wanted to take the matter to court.

In the meantime, B left the firm. C did not hear from the firm for many months. When C contacted the firm, A told him that he would look into the matter and get back to him.

A sent a letter to the father saying that C wanted to resolve the case without going to court.

C was upset that A had written to the father with the suggestion of resolving the issue and believed A’s actions showed he favoured the interests of the father over those of his own client.

Upon receiving a copy of the complaint, A said he would contact C and re-imburse any outstanding fees.

In his explanation to the standards

committee, A confirmed he was in the process of reaching an agreement with C and noted that C initially wished to settle the matter out of court and that a Notice of Discontinuance was filed in the Manukau District Court.

A advised C on the Notice of Discontinuance and that if he wished to proceed with the matter he would have to be referred on to a barrister. C, however, lodged a complaint instead.

The standards committee found that there was a lack of adequate supervision on A’s part and a failure to provide service in a timely manner.

The committee determined there had been unsatisfactory conduct. A was also ordered to pay the Law Society $500 costs.

Continued from previous page ...

special status, it is necessary for the profession to scrupulously honour them.”

As well as the fine, the tribunal ordered W to pay $20,000 standards

committee costs and $11,500 tribunal costs. A final suppression order was made in relation to W’s name and identifying details.

“As the profession publicly presents undertakings as having an elevated and

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L AW YERS COMPL AINTS SERVICE

Legally aided client privately invoiced A lawyers standards committee found a lawyer, J, guilty of unsatisfactory conduct after he privately invoiced a legally aided client.

The Ministry of Justice carried out an audit which found that J had submitted a final invoice to the ministry and then invoiced a legally aided client $993.60 without advising the ministry.

The ministry alerted the Law Society of the breach of the Legal Services Act 2000, which was then in force, and J’s contractual obligations to the ministry.

J told the committee that the client exceeded the legal aid grant, which resulted in more fees having been accu-

mulated before proceedings were filed.

There were concerns from both the firm and the client that costs were growing, so both parties agreed that the firm would invoice at legal aid rates to a maximum of $1,000 from the last invoice issued until the conclusion of the matter.

The client was ultimately charged at lower than the legal aid rate and additional work was carried out at no charge to conclude matters for the client.

In reaching its determination, the committee took into account J’s admission and apology, that J had not profited from the private fee arrange-

Registry

ment, that J’s firm had put processes in place to ensure such a breach would not recur, that the ministry had re-engaged J as a lead provider and that J’s failure to advise the ministry of the arrangement was an omission rather than evidence of deliberate conduct.

The committee decided to publish the decision to remind lawyers of the importance of having systems in place to ensure breaches of legal aid legislation did not occur, and the necessity to keep the ministry informed and, where appropriate, to obtain its prior authorisation to any changes to a grant of legal aid.

WONG Yee Lei YANG Chien Yih (Anita) YUKICH Katee Manda ZOHS Trevor Geoffrey Gisborne Branch VAUGHN Heather Briana

The following people have applied to the NZLS for certificates or approvals.

Admission under Part 3 of the Lawyers and Conveyancers Act 2006

Auckland Branch AL OBAIDI Mohammad Tarik ALI Roble Mohamed AMOS Brittany Erin ANDERSON Nichola Marie AYOUB Ammar Mazin Abdul Majeed BALL Emma Marie BIERRE Hannah Mary BROOME Helen Sarah BUILT James Andrew Garner CALDER-WATSON Janet Rita CAMERON Kirsty Louise CHEN Edward Ching-Chuan CHOI Kyu Yeon (Sharon) CLARKE Tarina Sarah CORPUZ Pauleen Joy Dela Cruz COTTON Elton Kingsley COWAN Daniel Luke COWAN James William COZZOLINO Antonio Edgar DAVIES Teresa-Mary DREY Jessica Ann DURAIRAJAH Selva K EDWARDS James Stewart Guy ELLIOT Miriam Lois ERREN Judith Maria ESZES Caroline Maria FALANIKO Meleane Tui FANENE Hili-Bianca (Bianca) FERNANDEZ John Anthony Cajetan FROST Brad Haden FULTON Chelsea Claire GALVIN Mark Ivor GOUNDAR Shivani Ashika HAWKINS Michael Joseph HEITMANN Julia JOLLIFFE Gavin Andrew JONES Edward Oriel JOSEPH Radhika Zipporah KARBHARI Yezdi Jal KARNIK Madhura KHOO Ein Lai Jeremy KIM Bo Chan (Betty) LE’AU’ANAE Maureen Christina LEACH Vance Peter LIM Derek Khoon Meng

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LUI Himmy Ping Him LEMON Julia Marie LOCKWOOD Julia LOMBARD Petra Kirsten-Leigh LUO Jiao (Joy) LUO Sijia (Lucy) MA CHING Steven Geno Troy MACLAREN Sophie Kate MATTI Ziyan MARTIN James Declan MCDONALD Bridget Rose MCGINITY Katy Florrie MOHAMMED Farah Azeema MAU Lok Hin (Michelle) MONTGOMERIE Lucy Joan Sproat MOON Kyung Mi MORRISON Michael Philip MOTWANI Arpita MULDREW Katheen Ann NEEDHAM Trelise Aimee NICHOLS Bridget Mary NELSON PARKER Jullion Christopher PAVLOVIC Uros PAZ Lisa Rachael PUCKREE Pamela RADINOVICH Srdjan REVELL Sefton James ROCHE Samantha Jane ROLLAND Dougall John SAAD Lena Jamel Diane SABERON Roxanne Cruz SHARMA Shyama Krishna SINGH Namita SINGH Nikita SINGH Praneet Kunal SIVASHANMUGANATHAN Shivagar SLUITERS Aishleen Anne SOWRY Katherine Ann TAMARAU Kazu-Ko La’a TANDON Ayushi TEMM Jessica Bonny Mckellar TIDDY Joseph Fletcher TUIALII Kima Elizabeth UPTON Creon WARREN Edward Alan Emerton WESTERMEYER Tanya

Otago Branch FRAME Jessica Lauren Southland Branch FRASER Elizabeth Mary HOGUE Simon George Taranaki Branch HAW Kylie Maree Waikato Bay of Plenty Branch DOWNEY William Royce EDWARDS Roseanne Marjory FEAST Nicholas Lindsay GREEN Rebecca Mary KING Andrea Sharee LAYBOURN Rhianna Maggie LEE Minhyung (aka Elisa) LEEF Hemi Mahana PRINSLOO Mirize SCHWIKKARD Emily Ann WATERHOUSE Brendon Michael Wellington Branch BABONNICK Elizabeth Jane

BARBOUR Emma BORISSENKO Alexandra Maria Mihailovna CHAMBERLAIN Alice Wyn COWLRICK Larissa Rose CROWLEY Previously DONNELLY Katy Diane DILLON Katherine Mae DOLDEN Amy Carson FRANCIS Benjamin Brian Gallagher James Robert HAGON Sophie Kathleen HANDCOCK Alice Kathleen Gloria HITCHMAN Matthew Allan HOBBS Oliver William JOBLIN Louisa Mary KIRWAN-JONES Redmond William Henry MACKIE Kelly Laurinda MATALAVEA Theodora Fipe Taleni MCKAY Patricia Mary QUANT SYLVIA Jean ROUSSEAU Catherine Elizabeth SAVANTHRAPADIAN Ashvini SEBASTIAN Jessica Ann SHEEHAN Christopher Thomas SLANKARD Jesse David STOTHART Leo Raymond STRETCH Emily Joan SUMMERILL Rebecca Jane TEELING Llewellyn Geraldine VINCENT Anna Jane

Approval to Practise on Own Account under s30 of the Lawyers and Conveyancers Act 2006 Auckland Branch Maxwell-Scott, Annabel Jane

Hawkes Bay Branch Mark Leslie Robert GOODSON

The Registry is now advertising names of candidates for certificates of character, practising certificates and approvals to practise on own account on the NZLS website at http://www.lawsociety.org.nz/home/for_lawyers/ registry/applications_for_approval/ Comments concerning the suitability of any of the above-named applicants for the certificate or approval being sought should be made in writing to me by 18 April 2013 Any submissions should be given on the understanding that they may be disclosed to the candidate.

Lisa Attrill, Registry Manager Email: lisa.attrill@lawsociety.org.nz, Direct Dial: (+64) (4) 463 2916 Freephone: 0800 22 30 30, Fax: (+64) (4) 463 2989

Wills

CLIFFORD PAUL BRABET

Would any lawyer holding a will for the above-named, late of 235 Golf Road, Titirangi, Auckland, who died on 3 March 2013, please contact Deborah McNab at Vallant Hooker & Partners, PO Box 47088, Ponsonby, Auckland 1144, DX CP30015, ph 09 360 0321, fax 09 360 9291, email dmcnab@vhp.co.nz.

NICOLA ANNE FALKNER

Would any lawyer holding a will dated later than 29 September 2010 for the above-named, late of Auckland, who died on 21 February 2013, please contact Anna O’Callaghan, Prudentia Law, PO Box 340, Shortland Street, Auckland, ph 09 912 1985, fax 09 912 1982, email anna@prudentia.co.nz.

BRUCE JAMES DEER

Would any lawyer, particularly in the Wellington/Hutt Valley area, holding a will for the above-named, late of Waikuku Beach, North Canterbury, but formerly of 15A James Grove, Stokes Valley, Wellington, born on 14 April 1962, who died on 12 March 2013 please contact Tania McKenzie of Williams McKenzie Lawyers, PO Box 46, Rangiora 7440, ph 03 313 7086, fax 03 313 4030, email tania@williamsmckenzie.co.nz.

GERARD JOHN KEEN

Would any lawyer holding a will for the above-named, late of 1/23 Trafalgar Street, Johnsonville, Wellington, security guard, who died on 26 November 2012, please contact Annette Gray, Buchanan Gray, PO Box 24057, Wellington 6142, ph 04 472 8269, fax 04 472 8270, email annette@buchanangray.co.nz.

VICKY WIKITORIA WARD

Would any lawyer holding a will for the above-named, late of 3 Havelock Street, Mornington, Wellington, social worker, who died on 22 February 2013, please contact Annette Gray, Buchanan Gray, PO Box 24057, Wellington 6142, ph 04 472 8269, fax 04 472 8270, email annette@buchanangray.co.nz.

BRUCE CLYDE LEES

Would any lawyer holding a will for the above-named, late of 34 Aintree Street, Bishopdale, Christchurch, who died on 12 December 2012, please contact Peter Richardson, Linwood Law, PO Box 24111, Christchurch 8642, ph 03 389 2121, fax 03 389 9122, email peter@linwoodlaw.co.nz.

JOHN AHUROA TAMANUI

Would any lawyer holding a will for the above-named, late of Wellington, who died on 3 February 2013, please contact Susan D’Ath of D’Ath Partners, PO Box 20781, Wellington 6143, ph 04 499 0431, fax 04 499 0662, email dathlaw@clear.net.nz.

MOANAROA AGNES KAPO

Would any lawyer holding a will for the above-named, who died on 24 December 2009 at Upper Hutt, aged 71 years, please contact Paul Whitmarsh, Whitmarsh Law, PO Box 30852, Lower Hutt 5040, ph 04 550 4053, fax 04 589 5318, email paul@wlaw.co.nz .

RUSSELL LEWIS WOODWARD

Would any lawyer holding a will for the above-named, late of Christchurch, born on 2 September 1929, who died on 18 November 2012, please contact Shirley Stewart, Duncan Cotterill, PO Box 5, Christchurch 8140, ph 03 379 2430, email s.stewart@duncancotterill.com.

public notice

HEATHER ANNE KOKSHOORN

Would any lawyer who currently acts for the above-named or has previously acted for the above named, who owned a property at li/72 Wellesley Street, Auckland Central in 1994, please contact Allanah Gilchrist, Hauraki Gulf Law, PO Box 295, Ostend, Waiheke Island 1843, ph 09 372 8188, email allannahgilchrist@hglaw.co.nz Fearon & Co Legal services

56x100 ad_BW.qxd:Layout 1

WILLIAM DIXON

Would any lawyer holding a will for the above-named, late of Jakarta, Indonesia, born on 22 October 1949, who died on 7 March 2013, please contact Kathryn Dixon, ph 021 108 3918, email kath.dixon@gmail.com.

HUNG PAN

Would any lawyer holding a will for the above-named, late of Auckland, software engineer, born on 20 June 1988, who died on 15 February 2013, at Auckland, aged 24 years, please contact Ben Bong of Wong & Bong Law office, PO Box 51454, Pakuranga, Auckland 2140, ph 09 535 5886, fax 09 535 5947, email ben@wongbong.co.nz.

PETER ALLAN JOHNSON

Would any lawyer holding a will for the above-named, formerly of Te Arai but latterly of UK, who died on 31 January 2013, please contact Anna O’Callaghan, Prudentia Law, PO Box 340, Shortland Street, Auckland 1140, ph 09 912 1985, fax 09 912 1982, email anna@prudentia.co.nz.

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Fearon & Co specialise in acting for non-residents in the fields of Probate, Property and Litigation. In particular:• Obtaining Grants of Representation for Estates in England and Wales, Channel Islands, Isle of Man and elsewhere and re-sealing Australian and New Zealand Grants of Representation • Administering English Estates • Buying and selling homes and business premises • Recovering compensation for accident victims • Litigation including Debt Recovery and Matrimonial Our offices are within easy reach of the London Airports and Central London Stations

VISIT OUR WEBSITE www.fearonlaw.com Westminster House, 6 Faraday Road, Guildford, Surrey GU1 1EA, United Kingdom Tel: 00 44 (0)1483 540840 Fax: 00 44 (0)1483 540844 General Email: enquiries@fearonlaw.com

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CHRISTINE WILSON Advertising Co-ordinator advertising@lawsociety.org.nz 04 463 2905

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21/8/

pRaCTICE NOTICE

SITuaTIONS vaCaNT

Senior Associate - Litigation, Wellington You A clever and talented litigator, with at least 5 years post admission experience, you are looking for the next step in your career. You are ambitious, love what you do and want to work with the best. You have had significant experience within a corporate or top legal environment in a civil or commercial litigation and dispute resolution role. Additional experience in banking & finance litigation would be an advantage but not essential.

The role Working on high profile matters of national interest, this role offers the kind of variety rarely found in one team. Working under excellent mentors who are ‘rain makers’ will ensure a steady stream of high quality work, providing you with a solid platform for success.

The opportunity This firm has embarked on a growth strategy in Wellington and they are experiencing strong demand for their services. This opportunity would suit a bright and talented litigator with outstanding client relationship skills. You will be joining a high performing team that knows how to have fun.

For further information in strict confidence please contact Ben Traynor on 04 471 1423 or email ben.traynor@nicherecruitment.co.nz SITuaTIONS vaCaNT

Deputy Public Defender Based in Hamilton Vacancy 24050 The Public Defence Service (PDS) provides high quality legal advice and representation in a full range of legally aided criminal cases, aimed at helping people access justice, and promotes the values of integrity, fairness, consistency and high quality service to its clients. It also provides professional leadership of the duty lawyer service.

We are seeking a Deputy Public Defender who will lead a high quality criminal legal aid defence service in the Northern Region. As part of a professional and dynamic service you will report to the Public Defender, Northern, be part of the Northern Regional Management team and lead a team of committed lawyers at our Hamilton office.

We are seeking applications from well respected lawyers who have proven credibility with judges, peers and others in the legal community with a speciality in criminal advocacy.

Your professional leadership and expertise in mentoring, coaching, training and criminal advocacy will ensure that lawyers within the Hamilton Public Defence Service are effective and well supported.

To apply, please visit our website, http://careers.justice.govt.nz/Pages/Vacancies.

Applications close Monday, 22 April 2013.

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SITuaTIONS vaCaNT

Employment Relations Authority Te Ratonga Ahumana Taimahi

Vacancy for Employment Relations Authority Member Expressions of interest are invited from individuals who have the skills and experience to be a Member of the Employment Relations Authority.

A vacancy exists in the Auckland Authority.

The Authority is an institution set up under the Employment Relations Act 2000 as an investigative body to resolve employment relationship problems.

It has offices in Auckland, Wellington, and Christchurch.

The Authority takes a problem solving approach in its work, rather than focussing on technicalities.

A tertiary qualification and relevant experience is necessary; preference will be given to candidates with LLB qualifications. Members should have: • investigative skills to inquire into and establish the facts surrounding employment relationship problems • a high level of knowledge of employment law and practice in New Zealand, probably gained from significant experience as a practitioner in the employment relations field • the ability to gain acceptance by all parties to employment relationships, including unions, employers, parties’ representatives and the general public • knowledge of tikanga Mäori and a commitment to the Treaty of Waitangi and • empathy with and an ability to respond to cultural, gender, and other human rights issues.

The Market Services Group of the Ministry of Business Innovation and Employment provides administrative support to the Authority.

For an information and application pack telephone Jenny Higgins 04 817 4873 or email jenny.higgins@mbie.govt.nz Expressions of interest should be sent to Jenny Higgins at the Resolution Services Branch, Ministry of Business, Innovation and Employment, PO Box 10729, Wellington 6143, to arrive no later than midday Monday, 22 April 2013.

aw Talk

Exciting opportunity for motivated lawyer with Partnership aspirations. Specialist property, commercial and trust firm.

Gillespie Young Watson is a Lower Hutt based law firm specialising in property, commercial and trust law. We provide innovative services to our nationwide client base comprising private clients, small/mid-sized businesses and large corporations.

We have an immediate vacancy for a senior solicitor with a minimum of five year’s experience and partnership aspirations. A candidate with an existing client base can be accommodated. This position would suit someone at senior solicitor or associate level.

Excellent file management, communication skills and initiative are essential. Applicants should be experienced with all aspects of electronic technology in use in modern legal offices. We are looking for someone who has an outgoing personality with varied interests and excellent academics. Someone who will bring not only excellent legal skills but also initiative, drive and a wish to play an active role in an innovative and progressive legal firm.

ASSOCIATE GENERAL COUNSEL • Exciting New Role, Auckland • Property Acquisition Focus Our client is a key player in the New Zealand property sector with significant and expanding interests throughout the country.

We have an exciting opportunity for a highly skilled property/construction lawyer to play a leading role in providing legal input into our client’s substantial acquisition and development portfolio in Auckland.

Reporting to the Wellington based General Counsel, this newly created role will have a significant degree of autonomy and self-direction. Primarily this role will be focused on providing legal input and support in relation to new acquisition and development opportunities, ensuring risk and commercial objectives are well balanced.

We seek a highly experienced property/construction lawyer with a minimum of ten years post qualification experience and preferably more. Experience in portfolio acquisitions/disposals and property development work particularly from a developer perspective will be especially valued. You will use your own legal skills to provide day to day advice on key acquisition and development projects, and also engage and manage external legal provider performance and relationships.

You will be a “street smart” individual who has strong communication skills and confidence in your ability to provide robust, commercially sound legal advice. Your technical experience and relationship management skills will be first rate, demonstrated by your ability to quickly engage with the business.

This role offers a tremendous opportunity to make a significant impact in a newly created role and is a rare opportunity to transition your property law skills in-house.

For a confidential discussion about this opportunity, please contact Jennifer Williams at Williams Legal Recruitment on (09) 446 6050, 027 220 8003 or jw@williamslegalrecruitment.co.nz

For further information about our firm visit our websites: www.gywlaw.co.nz and www.homelegal.co.nz.

Interested applicants should forward their CV no later than 23 April 2013 to: Deborah Hislop Practice Manager

Gillespie Young Watson P O Box 30 940 LOWER HUTT E: djhislop@gywlaw.co.nz

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SITuaTIONS vaCaNT

Part time Client relationshiP manager This specialised trustee company is based in Auckland’s CBD, with a small close knit team operating in a niche market position.

Corporate trust appointments are their specialty, and client service has been key to their success.

This role offers a very rare opportunity to work part time - around 25 hours per week. There is also a certain amount of flexibility around how the hours are structured.

The right person will likely bring somewhere between five and ten years experience, including knowledge of property and securities law. Sound understanding of relevant legislation is required together with knowledge of prospectuses and other disclosure documents. Experience in a corporate trustee or other financial services business is desirable although not essential.

The company has a loyal and growing client base and presents a fabulous opportunity for a people person who enjoys working closely with clients and developing business. Your ability to view legal issues in the broader commercial context and deliver value added solutions to your clients will set you apart.

This is a unique opportunity with the potential for advancement over the longer term should you desire. Applications close Wednesday 17th April.

For further details please call Meryn Hemmingsen 029 965 8152 or 09 306 5500, email merynhemmingsen@momentum.co.nz, quoting reference 32959 191 Queen Street Auckland P +64 9 306 5500

40 Mercer Street Wellington P +64 4 499 6161

Commercial Lawyers - Partnership Opportunity • Are you tired of complex management structures that add no value to your clients?

• Are you over the pressure of big budgets and teams to provide for?

• Are you passionate about your clients and delivering great results yet frustrated by the complications of a large legal practice?

• Do you want freedom but also support without the management meetings?

• Do you want to regain control of your practice and grow it your way?

Dawson Harford and Partners is a unique boutique law firm. We work with fantastic clients on great cases and still get home at a reasonable hour. We believe in family and business working hand in hand, not in direct competition and we further believe that you can be at the top of your game and reap the rewards in a boutique law firm.

We are looking for two new commercial partners to join our busy firm and grow with us in 2013.

With an existing client base and proven track record, you will have no difficulty transitioning across to modern offices in Courthouse Lane. If you want to bring a team, we are open to that too. Talk to us confidentially about what your future could look like. Don’t waste another year.

Contact Graham Harford on 355 1520 or graham.harford@dawsonharford.com.

M O M E N T U M .C O. N Z

Dawson Harford & Partners PO Box 106 347, Auckland 1143 www.dawsonharford.com

Commercial Property & Development Lawyer 6+ Years PQE There’s something refreshing in the brisk southern air of Christchurch right now. It’s excitement. Progress is stirring, and the optimism it’s creating is infectious.

From a legal career perspective there is simply so much benefit to be gained by joining Anderson Lloyd Christchurch. The national significance of what’s happening here is huge. The changing environment has altered the legal landscape – and we are offering you the opportunity to be at the heart of it.

The challenges and complexities of what’s ahead really are of career-defining calibre. You could say we’ll expose you to the best on offer – a stimulating legal career packed with the potential to progress, and a quality of life that’s second to none.

CAREERS JUST GROW BETTER IN A SOUTHERN CLIMATE

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We are looking for an experienced Commercial Property & Development Lawyer to join our Christchurch team. Construction experience preferable but not essential.

If you are keen to join our progressive firm please send your full full application (CV and letter) to:

Kelly Pankhurst, HR Manager Anderson Lloyd Private Bag 1959, Dunedin 9054 kelly.pankhurst@andersonlloyd.co.nz

www.andersonlloyd.co.nz Dunedin, Christchurch, Queenstown