MCKENZIE FRIENDS - NEW ZEALAND LAW SOCIETY
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
I S S U E 9 2 3 · N o v em b er 2 0 1 8
McKenzie friends
There’s more of them, but what do
they actually do?
Page 70
New Tumuaki of Cross leases and Talking about Legal Salary
Te Hunga Rōia Re McKay mental health Survey 2018
Māori o Aotearoa results
Page 20 Page 27 Page 34 Page 54
LET US HELP YOU TAKE THE NEXT
STEP IN YOUR CAREER WITH A
POSTGRADUATE LAW AWARD
A postgraduate degree from New
Zealand’s leading law school is a great
investment into your future
The Auckland Law School offers up
to five Postgraduate Law Awards for
students studying
• Master of Laws
• Master of Taxation Studies
• Master of Legal Studies
Valued at up to $10,000 each, they
are a great way to kick start your
postgraduate studies in 2019
Applications close
31 January 2019
For more information visit
law.auckland.ac.nz
You can
count on us.
M2 protected with area replacement cover:
*
8 4 2 9 7 4 0
8,429,740. That’s the square Talk to us about our house,
meterage of buildings that MAS
Members have covered by our
contents and car insurance
Area Replacement house insurance today by calling 0800 800 627
option, without having to worry or visit mas.co.nz
about getting the cost to rebuild
their house wrong.
*Count based on recorded policy data as at 30 Sept 2017.
Please see the full policy wordings which are available at
All they need to do is to tell us how mas.co.nz or by calling 0800 800 627.
big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the
Financial Advisers Act 2008. Our QFE disclosure statement
to look after the rest. is available at mas.co.nz or by calling 0800 800 627.
18
6
9
6 · From The Law Society Update
22 · Crisis? What Crisis? Time
7 · New Zealand Law Society for structural reform
in the construction
10 · Letter To The Editor industry ▹ BY JOHN WALTON
25 · Storm in a cereal bowl:
People Australasian Conference
10 · On the move Association Ltd v A Little Bit
14 · Te Reo admission of Britain Ltd [2018] NZHC
ceremony a wonderful 2501 ▹ BY KATE DUCKWORTH
celebration ▹ BY GEOFF ADLAM 27 · Cross leases and Re
15 · Suzanne Innes-Kent, Judges’ McKay ▹ BY THOMAS GIBBONS
68
59 Clerk, Employment Court,
Auckland ▹ BY ANGHARAD O'FLYNN Alternative Dispute
17 · The Innovators: Anton Resolution
Smith, CEO Consensus New 29 · Consensus building, Part 3 - The
Zealand ▹ BY ANDREW KING CBA participants ▹ BY PAUL SILLS
18 · Adine Wilson ▹ BY CRAIG STEPHEN 31 · Intellectual Property
20 · New Tumuaki aim to be and Alternative Dispute
effective advocate for all Māori Resolution ▹ BY MARK KELLY
lawyers ▹ BY CRAIG STEPHEN
Practising Well
34 · Talking about mental
health ▹ BY GAYNOR PARKIN
AND DR ALLANAH CASEY
88
87
A B O U T L AW TA L K N E W Z E A L A N D L AW S O C I E T Y
News and Communications/LawTalk. The Law Society
LawTalk is published monthly by the New Zealand Law has a strict policy of not publishing articles in exchange The New Zealand Law Society was established on 3
Society for the legal profession. It has been published since for advertising. September 1869. It regulates the practice of law in New
1974 and is available without charge to every New Zealand- Zealand and represents lawyers who choose to be members.
L AW TA L K O N L I N E
based lawyer who holds a current practising certificate. The powers and functions of the Law Society are set
LawTalk is also distributed to others involved in the justice An online version of LawTalk is available on the New out in the Lawyers and Conveyancers Act 2006. As well
system or legal services industry. These include members Zealand Law Society’s website at www.lawsociety.org. as upholding the fundamental obligations imposed on
of the judiciary, legal executives, librarians, academics, law nz. A link to the latest online LawTalk is emailed to all lawyers who provide regulated services, the Law Society is
students, journalists, Members of Parliament and government practising lawyers each month after publication. Receipt required to assist and promote the reform of the law, for
agencies. Total LawTalk circulation is around 13,400 copies. of the hardcopy LawTalk may be cancelled by emailing the purpose of upholding the rule of law and facilitating
subscriptions@lawsociety.org.nz and stating “please the administration of justice in New Zealand.
S U B M I S S I O N O F M AT E R I A L
cancel LawTalk hardcopy” and advising name, lawyer ID
E N V I R O N M E N TA L S TAT E M E N T
All contributions, letters and inquiries about submission (lawyer login), workplace and address.
of articles should be directed to the Managing Editor, LawTalk is printed on Sumo Matte. This is an environmentally
SUBSCRIPTIONS
editor@lawsociety.org.nz. responsible paper. Forestry Stewardship Council (FSC)
Non-lawyers and lawyers based outside New Zealand certified, it is produced using Elemental Chlorine Free
ADVERTISING
may subscribe to LawTalk by emailing subscriptions@ (ECF) Mixed Source pulp from Responsible Sources and
Advertising inquiries should be directed to advertising@ lawsociety.org.nz. Annual subscriptions in New Zealand manufactured under the strict ISO14001 Environmental
lawsociety.org.nz. Information on rates, deadlines and are NZ$145 for 11 issues (GST and postage included). Management System. The FSC is an international non-
conditions is available on the Law Society website under Overseas rates are available on request. profit, multi-stakeholder organisation which promotes
Contents
Creating A Just Culture 59 · Embracing the 77 · Legal aid: the problems
38 · How is the Gender Equality unknown and the and issues
Charter working out for legal unexpected ▹ BY GABRIELLE
workplaces? ▹ BY NICK BUTCHER O'BRIEN Legal Information
42 · Update 79 · Pleadings Without Tears – A
Future Of Law Guide to Legal Drafting Under
45 · Lawyers Complaints 63 · Developments the Civil Procedure Rules ▹
Service REVIEWED BY GARRY WILLIAMS
The Justice System
Tikanga And Ture 66 · Of Chief Justices ▹ BY GEOFF Classifieds
52 · Te Hunga Roia Kura Reo ADLAM 81 · Will notices
2018 ▹ BY ALANA THOMAS 69 · Conference will celebrate 82 · Legal Jobs
Dame Sian’s achievements 84 · NZLS CLE Ltd CPD Calendar
Practice
54 · Legal Salary Survey 2018 results Access To Justice Lifestyle
released ▹ BY GEOFF ADLAM 70 · McKenzie friends: there’s 86 · A New Zealand Legal Crossword
56 · Startup marketing more of them, but 87 · Chicago: colourful,
techniques for lawyers – Part what do they actually contradictory and very much
2 ▹ BY DAMIAN FUNNELL do? ▹ BY TRACEY CORMACK its own ▹ BY JOHN BISHOP
57 · Notaries public 74 · “Benchmark”
needed outside main helps vulnerable 90 · Tail end
centres ▹ BY STEWART GERMANN witnesses achieve
58 · Working smarter to justice ▹ BY LYNDA HAGEN
reduce the cost and 75 · Barriers to
burden of the discovery participation ▹ BY ROBIN
process ▹ BY ANDREW KING ARTHUR
C O N TA C T D E TA I L S
responsible management of the world’s forests. FSC certification
is internationally recognised as the most rigorous environmental 26 Waring Taylor Street, Wellington 6011
and social standard for responsible forest management. The 04 472 7837 DIGITAL CONTENT EDITOR Craig Stephen
paper used to produce LawTalk meets FSC requirements at all PO Box 5041, Wellington 6140, New Zealand, or 04 463 2982 · craig.stephen@lawsociety.org.nz
stages along the production cycle. DX SP 20202. LEGAL WRITER Tracey Cormack
The shrink wrap used for delivery of LawTalk is 27 micron PRESIDENT Kathryn Beck 04 463 2936 · tracey.cormack@lawsociety.org.nz
biodegradable film manufactured in New Zealand. This degrades BOARD SENIOR DESIGNER Andrew Jacombs
naturally. If you wish to discard LawTalk, please recycle it. The Nerissa Barber (Wellington) 04 463 2981 · andrew.jacombs@lawsociety.org.nz
wrapping may be composted. Tiana Epati (Central North Island) DESIGNER Sophie Melligan
Tim Jones (Auckland) 04 463 2993 · sophie.melligan@lawsociety.org.nz
Andrew Logan (South Island) WEBMASTER Miranda Kaye
ACTING EXECUTIVE DIRECTOR Mary Ollivier 04 463 2990 · miranda.kaye@lawsociety.org.nz
MANAGING EDITOR AND DIGITAL CONTENT SPECIALIST Angela Ludlow
COMMUNICATIONS MANAGER Geoff Adlam angela.ludlow@lawsociety.org.nz
04 463 2980 · editor@lawsociety.org.nz ADVERTISING
***** FPO ***** SENIOR COMMUNICATIONS ADVISOR 04 463 2905 · advertising@lawsociety.org.nz
Placeholder for Nick Butcher · 04 463 2910 PRINTING AND DISTRIBUTION
FSC Certificate nick.butcher@lawsociety.org.nz Format Print, Petone, Wellington
PLEASE ***** FPO ***** COMMUNICATIONS ADVISOR Angharad O’Flynn ISSN 0114-989X (Print)
RECYCLE 04 463 2902 · angharad.oflynn@lawsociety.org.nz ISSN 2382-0330 (Digital)
F R O M T H E L AW S O C I E T Y N o v ember 2 0 1 8 · L AW TA L K 9 2 3
From the Law Society
iwi, and individual clients in some chal-
Talofa lava lenging cases. It is enormously rewarding
Mahia i runga i te rangimarie me te to help people, and organisations navigate
ngakau mahake. our legal system, and be able to help with
I am very humbled and honoured to a problem or stressful situation. In some
have been elected President of the New instances you have the opportunity to
Zealand Law Society. I will become the 31st change the course of a person’s life for
President and I am deeply mindful that I the better. There are plenty of challenges
am joining a long line of people who have in this profession, but the rewards make
taken up the wero (challenge) of leading it worth it.
the legal profession. What are we facing as a profession? The
Of course, I will not be taking up the May 2018 annual national survey of lawyers
role until April 2019. Kathryn Beck is found lawyers themselves think the four
President and I would like to pay tribute biggest challenges facing lawyers are:
to the fantastic job that Kathryn has done • Stress and anxiety;
and continues to do. • Workplace health and safety;
This year has been a challenging one for • Diversity (of all kinds) and inclusion; and
our profession. There has been an unprec- • Financial stability and profitability.
edented and justified focus on the culture We need a regulatory complaints system
in legal workplaces, the role of the Law which is fair and effective for dealing with
Society as regulator, and how to achieve issues of inappropriate and unacceptable
gender and ethnic equality of opportunity among lawyers. behaviour. We need a suite of protective measures for lawyers
The Law Society’s Legal Workplace Environment Survey found who raise sensitive matters to ensure it is a safe process. We need
that 31% of women who responded had been sexually harassed flexibility in terms of processes and outcomes. We also need good
at some time. The Law Society and the wider profession have support for both lawyers who make complaints and lawyers who
commenced a wide range of actions and initiatives to address the are the subject of complaints.
issues and to put lasting and effective changes in place. We know improving diversity in senior leadership roles will
As Law Society President Kathryn Beck has been a tireless leader have an impact on culture change. There has been much work
and spokesperson. As a member of the Law Society Board, I can done in terms of women in the law. However, diversity is more
attest to the energy, commitment, and courage, which Kathryn than gender. The Law Society can lead culture change by ‘walking
has brought to leading us on what will be a long pathway to the talk’. This means ensuring we are doing everything we can to
securing the many changes which are needed. demonstrate we have cultural competence (for example, offer-
While I am aware of the pressures attached to the role, I’d like ing Te Reo Māori learning opportunities to all employees), and
to say why I am looking forward to becoming President in April ensuring we have intersectional representatives on committees,
next year. panels and groups.
Until 2012, I was one of those people who didn’t think the Law We need to deal with all the unacceptable behaviour. The
Society was particularly relevant to me. Then I encountered an Workplace Environment survey gave us some additional data in
issue with judicial resourcing in Gisborne and took up the role of terms of bullying (for the six months leading up to the survey in
branch President to change the situation. Gisborne had not had a April 2018) of ethnic minorities which is motivated by race. It also
resident judge for 15 years. I asked for support and help from the told us that 49% of general bullying was perpetrated by women.
Law Society national office and was given it. Ultimately, it was a We all need to take responsibility for the way we behave and be
team effort involving local lawyers, national office representatives responsible for each other too. If every lawyer changes a little bit,
and staff. We now have two resident Judges; that brought home the whole profession changes a lot.
the importance of our national organisation and how it can use I look forward to working with all of you in this important and
the power of 14,000 lawyers to effect important changes in our ultimately rewarding profession on our journey to achieving a
justice system. just culture.
I care a lot about what happens next. As a lawyer. A woman. He waka eke noa. We are all in this together.
A person of Pacific Island descent. And the mother of two Māori
children. Tiana Epati
I love what I do. I have represented the Crown, organisations, President-Elect, New Zealand Law Society
6
L AW TA L K 9 2 3 · N o v ember 2 0 1 8 N E W Z E A L A N D L AW S O C I E T Y
NEW ZEALAND LAW SOCIETY
Law Society Opening of the
Council meets Legal Year in London
The New Zealand Law Society’s Council held its New Zealand Law Society President Kathryn Beck
six-monthly meeting in Wellington on 24 October. is pictured with the President of the Law Society of
History was created with the participation of a rep- England and Wales, Christina Blacklaws, at the Opening
resentative from the Te Hunga Rōia Māori o Aotearoa of the Legal Year at Westminster Abbey in London on
– The Māori Law Society as an observer. As well as the 1 October. The service dates back to the Middle Ages
election of Tiana Epati as President from April 2019, when judges prayed for guidance at the start of the legal
the Council discussed the Law Society’s culture change term. They used to walk two miles from Temple Bar to
work programme, diversity and inclusion in the legal the Abbey, but now travel by car. Along with Ms Beck
profession and the implementation of phase two of representing the New Zealand Law Society, over 700
the Anti-Money Laundering and Countering Funding people were invited to attend the service and breakfast.
of Terrorism Act 2009 by the Department of Internal
Affairs. Each of the branches, sections and other
organisations comprising the Council also reported
on current issues.
Keep Holidays Act workable in
practice, says Law Society
It is important to ensure that any recommendations
to the Government by the Holidays Act Taskforce ensures
the Act remains workable in practice, the Law Society
has said in comments on the Taskforce’s Holidays Act
2003 Review – Issues Paper.
Noting that a wide range of businesses find compliance
with the Act difficult, the Law Society agrees that any
potential solutions need to be applicable to the full range
of current and expected future working arrangements.
As well as the range of business arrangements identified
by the Taskforce that can have difficulties with the Act,
the Law Society points to businesses which remunerate
employees with variable payments, employers who
have arranged a medley of fixed remuneration and
variable remuneration, and businesses where significant
unrostered overtime is performed.
#MeToo at International Regulators conference
Law Society acting Executive Mrs Ollivier says before the New Zealand and the actions the New Zealand Law
Director Mary Ollivier was one session she was surprised that Society has taken. She says several of the organisations
of the moderators at a session on there had been no discussion of in attendance saw the New Zealand experience as a
#MeToo and the role of the legal bullying and harassment in the prompt for them to take proactive action and start
regulator at the International legal profession. However, there was investigating measures which are aimed at addressing
Conference of Legal Regulators in much discussion during the ses- the issues and moving towards creating a safer culture
The Hague, Netherlands, from 4 to sion and many of the participants in their professions.
5 October. expressed interest in the events in
7
N E W Z E A L A N D L AW S O C I E T Y N o v ember 2 0 1 8 · L AW TA L K 9 2 3
Independent evaluation of AVS pilot needed Retrospective effect
of clause questioned
The New Zealand Law Society She said “the influence of tech-
supports the use of Audio Visual nology needs to be moderated, in A proposed clause in a new Part 2
Services (AVS) in appropriate cases order to preserve and protect exist- of Schedule 1 of the Crown Minerals
in principle, but says an independ- ing standards of criminal justice, (Petroleum) Amendment Bill 2018
ent evaluation of a recent Auckland including the rights of defendants creates a legal issue regarding the
pilot is needed to ensure defendant’s and victims.” application of the bill to existing
rights are not breached. The Law Society has reviewed applications.
The Law Society’s Criminal Law a Ministry of Justice and Police A Law Society submission on the
Committee has been involved evaluation report of the Auckland bill says proposed clause 24 reverses
in the Auckland Custody Unit / Custody Unit Pilot, alongside reports the current situation where appli-
Audio-Visual Services pilot, along from both the Public Defence Service cations for petroleum exploration
with taking part in a Remote and Duty Lawyer Service, including permits are determined using the
Participation Workshop. feedback from duty lawyers who provisions in force at the time the
AVS provides the ability for have worked under this pilot. application was lodged and before
a defendant to appear in court The ministry recognises further any amendment.
remotely from where the person is refinement of the Pilot is necessary “The key issue is that while the
being held in custody. before continuing it as a ‘business change applies prospectively, it is
However, the Law Society says as usual’ operation, but the Law retrospective in effect. Clause 24
that first appearances in court give Society is urging caution for a breaches a legitimate expectation
rise to particular concerns. When a number of reasons. that existing applications for petro-
person is arrested for an offence and “While the ACU Pilot has been leum permits will be determined
not released, traditionally their first successful in assisting some according to the law in force at the
appearance in court is conducted defendants to appear remotely time the application was lodged,”
in person, as required under sec- rather than being brought to the it says.
tion 23(3) of the New Zealand Bill courtroom, we think there’s still a The Law Society recommends
of Rights Act 1990. The right to be need for an independent evaluation that there is further consideration
brought before a court as soon as before it becomes the norm. Broader of whether it is necessary and
possible after arrest recognises the access to justice concerns need to be appropriate for clause 24 to have
constitutional separation of the addressed. The PDS and Duty Lawyer retrospective effect and how this
judicial and executive branches reports raise significant practical may impact on the rule of law.
of government and reaffirms the concerns. The Duty Lawyer Service
critical role that the courts play in report indicated that duty lawyers
ensuring the legitimacy of an arrest found the pilot created significant
and detention. additional work and stress. Some
have even indicated they may not
Departure is significant be prepared to continue doing this
“Therefore a departure from this work if the ACU pilot becomes the
standard is significant and needs norm. Given they’re an integral part
careful consideration before it is of the process, their concerns need duty lawyer to the same extent as
rolled out as a ‘business as usual’ to be heard and considered,” says if they were appearing in person,”
model,” says Law Society Criminal Mr Bonnar. Mr Bonnar says.
Law Committee convenor, Steve The Chief District Court Judge “Some defendants after an AVS
Bonnar QC. supports the Law Society’s request appearance did not even appreciate
In LawTalk 911, October 2017 for an independent evaluation. that they had appeared in a public
(“Ensuring technology serves the court setting.”
interests of justice”) Chief District Creation of When making a decision on
Court Judge Jan-Marie Doogue disengagement whether to roll out AVS for arrest
acknowledged that technology Other concerns in the reports appearances, the Law Society says
could assist the courtroom but include that AVS has created dis- cost savings and administrative
also issued a warning “for all those engagement by defendants. efficiency must not override the
working in criminal justice, it is “While some defendants preferred need to ensure that proceedings are
important to resist any head-long having an AVS appearance in court, conducted fairly and that defend-
rush toward new technology simply feedback also indicated that some ants’ rights to a fair trial, including
on the basis that it allows us to go defendants didn’t like the imper- to be heard, to consult and instruct
faster and at less cost, when so sonal nature appearing remotely counsel, and to overall access to
much else is at stake.” and felt they couldn’t speak to the justice, are protected.
8
L AW TA L K 9 2 3 · N o v ember 2 0 1 8 N E W Z E A L A N D L AW S O C I E T Y
Lack of Law Society rejects assertion
of revenue harvesting
definition in
State Sector
The New Zealand Law Society our processes. The legislation stops
issued a media statement last month us from disclosing whether we are
Act reform
stating that it totally rejects asser- investigating a particular matter.
tions reported in the media that it However, publication orders which
options
goes easy on lawyers in large law may include the identity of a lawyer
firms in order to continue collecting can be made when the investigation
revenue from practising certificates. has been concluded.”
“The Law Society regulates all Mrs Ollivier says that for the Law
A lack of definition on problems 14,000 lawyers with a New Zealand Society to commence an investi-
and potential solutions in a State practising certificate without any gation it must receive a report,
Services Commission discussion preference. To suggest that a lawyer a complaint or it can commence
document has made it impossible would not be disciplined because an own motion investigation
to comment on the necessity or revenue may be lost from a prac- where there is sufficient evidence
potential efficacy of most of the tising certificate fee or continuing available.
specific questions raised, the Law education course is irresponsible,” “Earlier this year we set up an
Society says. acting Executive Director Mary independent regulatory working
The document on reform of the Ollivier says. group chaired by Dame Silvia
State Sector Act 1988 and directions “All lawyers are treated in the Cartwright to look at all the regula-
and options for change, sets out same manner and we have a strong tory issues around harassment and
several proposals recommending and effective regulatory system. To other unacceptable conduct in the
reform of the operation of the exist- be a lawyer requires a high ethical workplace and whether our current
ing state sector in a bid to improve standard. There is a complaints and legislation, systems and processes
public service outcomes. disciplinary process provided for in are adequate.
In its comments on the document, the legislation and any lawyer who “As we reported last week, the
the Law Society says it does not spec- falls below that high ethical stand- working group is now finalising its
ify whether stated reform objectives ard or who brings the profession report and has circulated the draft
are or have not been met in prac- into disrepute is subject to that for comment and feedback. It aims
tice. If so, it does not state whether process. to publicly release the final report
any past or current deficiencies in “Our regulatory processes are by early December.
meeting them are attributable to committed to the rule of law and “The Law Society is absolutely
shortcomings in the Act and how the natural justice which means that committed to creating safe,
proposed statutory reforms would we must investigate matters thor- respectful, healthy and inclusive
address any such shortcomings. oughly and listen to all parties. workplaces. We have set up a
This lack of definition means the That can take some time when a Culture Change Taskforce which
document doesn’t identify appar- matter is complex. Both lawyers will be prominent in carrying out
ent deficiencies in the Act, even and non-lawyers are involved in this work.”
though they have been provided
in published review work. Without
the document engaging with that
material on a detailed level, it is
difficult to form any view on the
necessity or efficacy of possible
statutory reforms.
The Law Society recommends that
before the proposed reform exercise
proceeds, it is essential for the
Commission to undertake further
work to identify whether and to
what extent present and past fail-
ures reflect statutory shortcomings. New client relationships at your fingertips
“Doing so would allow the
Commission to identify whether New Zealand’s independent
online legal marketplace
and how any statutory reform
may, in practice, provide effective www.consensus.nz
responses to those failures,” it says.
9
O N T H E M OV E · P E O P L E N o v ember 2 0 1 8 · L AW TA L K 9 2 3
PEOPLE
O N T H E M OV E
Five Community firm lexvoco’s New He has experience in IT outsourcing,
Magistrates appointed Zealand team as Head including business process outsourcing,
of Legal Services, Risk software development and licensing, data
Terence Bourke (Auckland, who will also & Compliance. Louise hosting, and data protection, privacy and
sit in Hamilton), Shaun Cole (Tauranga), was formerly the head open data. Admitted in November 2010
Lucy Daniels Whineray (Auckland), Simon of risk and compliance after graduating BA and LLB at Otago
Heale (Christchurch) and Sally O’Brien (services) at BNZ, and University, Nick was previously a senior
(Christchurch) have been appointed as before that the Head of associate at an international firm based
community magistrates. They were sworn Legal – Retail at the same bank. She has a in Sydney. He has also been on a number
in at ceremonies in the three centres from strong corporate/commercial law skillset, of client secondments in the technology,
23 to 26 October. as well as a great depth of risk and com- telecommunications, and FMCG sectors.
Community magistrates are judicial pliance experience.
officers who deal with a wide-ranging Lisa MacLennan joins
body of work. They can impose sentences DLA Piper appoints Fairbrother Family Law
on persons who have been found guilty or Special Counsel
plead guilty to certain minor imprisonable Lisa MacLennan has joined Napier firm
offences, and can conduct defended hearings DLA Piper has appointed Fairbrother Family Law as a solicitor. Lisa
for a range of non-imprisonable offences. N i c k Va l e n t i n e a s was admitted as a barrister and solicitor
Special Counsel. Nick in June 2013 after graduating LLB from
Louise Unger specialises in IT and the University of Waikato. She also holds
joins lexvoco telecommunications, a BA(Hons) in international relations
with a background in and affairs from Victoria University of
Louise Unger has joined newlaw intellectual property. Wellington. Before joining Fairbrother
LETTER TO THE EDITOR
Court reporting
approved – sometimes they would languish For court reporters to be able to do their
I read with interest Nick Butcher’s and never be responded to. jobs as best as possible there must be sup-
article on court reporting (LawTalk 921, Most lawyers and prosecutors, and port from those in the industry, rather than
September 2018). some court registrars, were helpful if the attitude that the media are the enemy.
I wish some of the reporters you’d asked you wanted to clarify information. But a Kelly Dennett
for comment had felt they could talk about select few would refuse to be helpful; some Sunday Star-Times News Director
the profession. Jock Anderson probably were deliberately obstructive. Imagine, for
wasn’t the most balanced point of view. example, trying to confirm the details of LawTalk Editor Geoff
One aspect that was missing was the suppression order. Pretty basic stuff, but Adlam replies:
Ministry of Justice and the courts’ accessibil- even that could turn into a rigmarole. Quite a number of reporters were approached
ity to help court reporters do their job better. I’ve experienced judges kicking reporters for comment, but all refused with the excep-
I was a court reporter for Stuff, in out of court rooms and locking the doors, tion of Jock Anderson. Mr Anderson has a
Auckland, for years and one of the biggest for no reason listed under statute, registrars long career as a reporter of court proceedings
hurdles in trying to get accurate informa- refusing or unwilling to let reporters know and the legal profession and I believe his
tion – or indeed any information on a case when a hearing is resuming, prosecutors views were both fair and balanced, drawing
– was the courts themselves. and lawyers refusing to confirm basic on his extensive experience and knowledge.
It frequently felt like an ‘us versus them’ details like the spelling of a witness’s Very few reporters would be able to match
mentality from court staff. Applications for name, and court staff refusing to release that, and none appear to share his willing-
summary of facts, court transcripts or even charge sheets so media could find out the ness to express his views on the important
suppression orders could take months to be timetabling of an important hearing. subject of court reporting.
10L AW TA L K 9 2 3 · N o v ember 2 0 1 8 P E O P L E · O N T H E M OV E
Family Law she worked for law firms in with a background in the New Zealand Cultural Anthropology). She completed
Taupo and Rotorua. Army’s Military Police, Customs Service her LLM in February of this year. Lagi is a
and MAF. Admitted in 2005, he has left the member of the Law Society Family Section,
Chapman Tripp has new Police Prosecution Service to practise in Wellington Family Courts Association and
Chief Operating Officer the areas of criminal/traffic, employment, the Pasifika Lawyers’ Association. She
victim rights/coronial representation and has been volunteering at the Wellington
Sophia Gunn has the Defence Force Court Martial Defence Community Law Centre since 2013.
commenced work with Panel.
Chapman Tripp as chief New AMINZ President
operating officer. In her Maria Dew to carry out and Vice-President
role she will lead the Black Sticks investigation
firm’s senior leadership Au c k l a n d b a r r i s t e r
team, working with the Auckland barrister Maria Dew has been Royden Hindle has been
managing partners to appointed to lead an investigation into the elected the new presi-
develop and implement national strategy. New Zealand women’s hockey Black Sticks dent of the Arbitrators’
She is responsible for the finance, tech- team and its team culture. Hockey New and Mediators’ Institute
nology, infrastructure, people and culture, Zealand announced the review following of New Zealand. Mr
business development and administrative claims that the team coach had created a Hindle is a member of
functions for Chapman Tripp nationally. negative environment within the side. Ms Bankside Chambers
Before joining Chapman Tripp Sophia was Dew specialises in employment law and and practises as an arbitrator, commer-
Chief Operating Officer at Deloitte for 18 is a member of Bankside Chambers. The cial mediator, construction adjudicator,
years and before that, with Courier Post review will be completed by the end of facilitator and (occasionally) as an advo-
as their Commercial Manager. November 2018. cate. He was admitted as a barrister and
solicitor in March 1983 and moved to the
NZ winners in Appointments independent bar in 1996. He also teaches
Asialaw Dispute to Broadcasting dispute resolution at AUT University, and
Resolution Awards Standards Authority will continue in the role of AMINZ Director
of Professional Studies.
New Zealanders were among the award District Court Judge Bill Hastings has Nicola Harfield has
recipients at the Asialaw Asia-Pacific been appointed chair of the Broadcasting been elected AMINZ
Dispute Resolution Awards 2018. The win- Standards Authority. Before appointment Vi c e -P r e s i d e n t . M s
ners were announced in Hong Kong on 20 to the District Court, Judge Hastings was Harfield is a former hos-
September. The event recognises the leading Chief Censor from 1998 to 2010, and chair- pital-based social worker
dispute resolution advisers in the region. person of the Immigration and Protection who mediates disputes
The winners were chosen by Asialaw’s Tribunal from 2010 to February 2013. in the workplace, com-
editorial staff after research between June Staley Cardoza Lawyers partner Susie munity and in families.
and August 2018. Bell Gully was winner Staley has also been appointed to the She also teaches mediation skills nationally
of the New Zealand National Law Firm Authority Board. Ms Staley has chaired and internationally.
of the Year Award. Stacey Shortall of Maritime New Zealand and is currently AMINZ’s seven-member board also
MinterEllisonRuddWatts won the New chair for Save the Children NZ and includes former High Court Judge, Paul
Zealand Disputes Star of the Year Award. retirement village operator Chatsford Heath QC, and family mediator Ngarongo
Management. She was admitted as a bar- Ormsby – both of them also newly elected
David Pawson establishes rister and solicitor in May 1989. – along with incumbents Sophie East, Mark
Pawson Law Ltd The appointments of Judge Hastings and Kelly and Nicole Smith.
Ms Staley are until 31 August 2021.
D av i d Paws o n has Tim Rennie joins
commenced practice Lagi Tuimavave joins Juno Legal
from 1 November as sole Wellington Family Law
director of incorporated Tim Rennie has joined Juno Legal and is
law firm Pawson Law Lagi Tuimavave has joined the team at based in Auckland. He recently returned
Ltd in the Bay of Plenty. Wellington Family Law as a solicitor. She home from London where he was Head of
David has 25 years of graduated from Victoria University in 2015 Legal for the prepaid product processor and
operational experience with a LLB and BA (Samoan Studies and distribution network epay and held global
11O N T H E M OV E · P E O P L E N o v ember 2 0 1 8 · L AW TA L K 9 2 3
responsibility for legal Sam Henry has been in Wellington and in London, and was
matters across multiple promoted to senior solic- admitted as a barrister and solicitor in
jurisdictions. Tim has itor. Sam joined the firm 2002 having completed BA(Hons) and
extensive experience in 2014 and is a member LLB degrees. Anchali is on the board of
in general company of the civil and com- Women in Film and Television NZ and is
and commercial law, mercial litigation team. a director of Thankyou Payroll Ltd.
commercial contract- His practice includes a
ing, regulatory issues wide range of private K3 Legal appoints
including finance, privacy, competition and and corporate clients to help resolve a Toni Brown director
consumer regulatory, intellectual property broad range of insurance and general civil
and e-commerce. litigation matters. K3 Legal has appointed
family and trust law
Lane Neave appoints Nicola Tiffen specialist Toni Brown
new partner appointed partner of as a director. Toni com-
Anthony Harper pleted a law degree at
Lane Neave has appointed Sharon Skinner the University of Otago
as a Wellington-based Anthony Harper has appointed Nicola in 1989. She spent the
partner in its commercial Tiffen as a partner. Nicola will head next 20 years in Otago
property team. Sharon Anthony Harper’s newly formed immigra- and Central Otago before returning to
has extensive experience tion practice. She has 17 years’ experience the North Island. After becoming a bar-
in all areas of commer- in immigration law and advises businesses, rister sole in 2009, Toni started her own
cial property law, with HR teams and individuals on a wide range law firm, Toni Brown Law, in Tauranga in
specific expertise in large of immigration issues. 2013, specialising in family and trust law.
scale developments, Her appointment at K3 Legal brings the
leasing, acquisition and disposal, public James Warren appointed number of directors to seven.
works and Treaty of Waitangi related Kensington Swan
projects for both corporate and public Special Counsel Kerri Dewe appointed
entity clients. Before joining Lane Neave, director of Lowndes
she worked for another large national Kensington Swan has
law firm and later owned and managed appointed James Warren Lowndes has appointed
a boutique commercial property law firm as Special Counsel in its Kerri Dewe as a director.
in Wellington. national employment Kerri joined Lowndes in
team based in Auckland. 2011 and has developed
Young Hunter announces James has 20 years’ expe- a successful practice
promotions rience in employment in the corporate and
law across both New M&A space, and is also
Christchurch firm Young Zealand and the UK. He has returned to experienced in employ-
Hunter has announced New Zealand from Fieldfisher in London ment matters. She has been recognised
three promotions. where he was a partner. His background in Chambers Asia Pacific as Associate to
Megan Gall has been includes advising a range of clients in var- Watch and Legal500 Asia Pacific as Next
promoted to associate. ious industries, with a particular interest Generation Lawyer.
Megan joined the firm as in the technology, media and retail sectors.
a law clerk in 2012. She New Chief Human
is a member of the civil Anchali Anandanayagam Rights Commissioner
and commercial litigation team, and her becomes Hudson
practice includes a wide Gavin Martin partner Paul Hunt has been appointed Chief
range of insurance and Human Rights Commissioner. Currently a
general civil litigation Hudson Gavin Martin Professor at the School of Law in England’s
matters. has appointed Anchali University of Essex, Professor Hunt was
Liz Robb has been Anandanayagam as a a senior lecturer at the School of Law at
promoted to associate. partner. Anchali works Waikato University from 1992 in 2000. He
Liz first joined Young in the firm’s technol- has served as an independent expert on
Hunter in 2011 as a law ogy and media team, the UN Committee on Economic, Social
clerk and was admitted as a barrister and specialising in tech- and Cultural Rights and as UN Special
solicitor in September 2011. She works in nology procurement, Rapporteur on the right to the highest
the areas of land and business conveyanc- development and support; dark fibre attainable standard of health.
ing transactions, trust and estate planning procurement; licensing and commercial-
and commercial transactions. isation arrangements. She has practised
12L AW TA L K 9 2 3 · N o v ember 2 0 1 8 P E O P L E · O N T H E M OV E
Sarah Alawi wins relationship property of the WorkSafe New Zealand Board.
Hon Rex Mason Prize law. She is also experi- Currently Deputy Chair, he has been acting
for Legal Writing enced in elder law and as Chair since Professor Gregor Coster’s
is regularly appointed resignation from the board earlier this
Auckland lawyer Sarah Alawi has won the as lawyer for the subject year. He is a former president of the New
2017 Hon Rex Mason Prize for Excellence person. Zealand Council of Trade Unions and is
in Legal Writing. Ms Alawi is an associate Taupō lawyer, Brent a lawyer who has specialised in employ-
with Auckland law firm Gilbert/Walker, Winkelmann, is a ment, workplace health and safety law,
which she joined after completing two partner in Le Pine & Co. and mediation.
years as a Judges’ Clerk at the High Court His practice focuses on For the past 10 years, he has been
in Auckland. residential and commer- involved in international development
To be eligible for the award, entries had cial property, trusts and work and was Chief Technical Adviser for
to have been published in a New Zealand business law. the International Labour Organisation in
legal publication between 1 January 2017 NZ LAW has thanked Myanmar from 2012-13. He is currently
and 31 December 2017. the two directors who Chair of the Unions Aotearoa International
Ms Alawai received the award for her retired after each having Development Trust, the Major Arc Media
article “Gestational Surrogacy Disputes: served six years on the board. Jacqui Gray Trust and the Education Benevolent
A Proposed Cause of Action for Intended (Gifford Devine, Hastings) had responsi- Society.
Parents in New Zealand”, which was pub- bility for member firm staff training and
lished in the New Zealand Law Review in development. Oamaru lawyer, Michael Berry & Co appoints new
2017. de Buyzer, from Berry & Co, has held the Queenstown partners
Three other entries received “honourable board’s insurance portfolio.
mentions”: Berry & Co has announced the appointment
Anjori Mitra for her article “We’re New Special Counsel of two new partners in its Queenstown
always going to argue about abortion: at Hesketh Henry office.
International law’s changing attitudes Alastair Holland has
towards abortion” published in the New Emma Tonkin has been appointed as a been with the firm since
Zealand Women’s Law Journal – Te Aho Kawe Special Counsel in the Hesketh Henry 2016, having practised
Kaupapa Ture a nga Wahine in 2017; Private Wealth team. Emma joins the since 2010 at a large firm
Nicola Hulley for her book review firm after 18 years at a national law firm, in Auckland. Alastair’s
“International Arbitration and Global interspersed with time in London. Her background is in banking
Governance, Contending Theories and work includes experience in both private and finance and he has
Evidence” published in the New Zealand wealth and property and she acts for many a particular interest in
Yearbook of International Law in 2017; and high net worth individuals and families. commercial law and rural property law.
Claudia Geiringer for her entry “The Emma specialises in advising those who Helen Clarke has
Constitutional Role of the Courts under wish to invest in New Zealand. She has been with the firm since
the NZ Bill of Rights: Three Narratives acted on a number of applications under 2014, and has practised
from Attorney-General v Taylor” published the Overseas Investment Act. in the Queenstown Lakes
in the Victoria University of Wellington region since her admis-
Law Review in 2017. Ross Wilson to chair sion to the bar in 2008.
The prize is New Zealand’s oldest legal WorkSafe New Helen specialises in all
writing prize. It was established in 1973 Zealand Board aspects of private client
and commemorates Henry Greathead Rex practice including conveyancing, leases,
Mason (1885-1975), one of New Zealand’s Ross Wilson has been appointed Chair trusts and asset planning.
longest-serving MPs. Valued at around
$1,000 each year, the prize is managed by
the Wellington branch of the New Zealand
Law Society, as trustee for the Honourable
Rex Mason Trust.
NZ LAW Ltd appoints
two new directors
NZ LAW Ltd has appointed two new direc-
tors to its board.
Melissa Bourke, a partner in Palmerston
North law firm Innes Dean Tararua Law,
advises clients on trust, property and
13PEOPLE
PROFILE
Te Reo admission ceremony
a wonderful celebration
BY GEOFF
ADLAM
address to the court from his father my whānau and our people is seen
In a moving and celebratory and a waiata and a haka. Following when we recognise the 150 years
ceremony in the New Plymouth his admission he signed the oldest since the pursuit of Tītokowaru,
High Court, Te Wehi Wright was known register of lawyers in New and the time of Te Whiti and Tohu
admitted as a barrister and solicitor Zealand, dating back to 1861. when our ancestors were taken
of the High Court of New Zealand on “Justice Grice addressed Te Wehi down south,” Mr Wright says.
10 October in Taranaki’s first admis- and his family,” the President of the “What happened to our people
sion ceremony to be conducted in Taranaki branch of the New Zealand was not lost on us, and to add my
te reo Māori. Law Society, Caroline Silk, says. name to the oldest known register
Mr Wright, 25, graduated from “She ably spoke about the history in the country, and reflecting that
Victoria University of Wellington of the Taranaki Bar and the signifi- some of the names on there may
last year with an LLB and BA in cance of signing the oldest existing have been responsible for the
Māori Studies and Māori Resource register in the country. She also imprisonment of my ancestors, sig-
Management. He is working for spoke about the significance of the nals a positive change for my people
Tuaropaki Trust in TaupŌ. design of the new ceremonial robes. in reshaping our peoples’ perception
“This was another manifestation “It was a humbling experience of the law, and our recovery process
of a dream shared by my parents and we feel privileged to have been from that trauma.
to raise a te reo Māori speaking able to be part of it and to have been “For me personally, being admit-
whānau,” he says. able to address the court. It is truly ted here, under my mountain is
“It was a great celebration for our great that the court and her Honour testament to the hard work and
whānau, and the profession.” Justice Grice were able to accommo- dedication that my parents and
Mr Wright was admitted by date Te Wehi’s wish to be admitted whānau put in to ensure our gener-
Justice Christine Grice before a court in his native and first language.” ation were grounded in our culture,
gallery which was full with mem- sound in our beliefs, proficient in
bers of his whānau and supporters. A significant occasion our language and measured in how
His whānau supported him with an “The significance of this occasion for we carry ourselves.”
14L AW TA L K 9 2 3 · N o v ember 2 0 1 8 PEOPLE · PROFILE
PEOPLE
PROFILE
Suzanne
Persistence and patience Innes-Kent,
Judges’ Clerk,
Mr Wright says securing the Te Reo
ceremony was a matter of “persis-
tence and patience”.
Employment
“I made the request to move the
ceremony from Wellington to New
Plymouth to be closer to my grand-
Court, Auckland
father, but that the ceremony also
be in full te reo Māori. In recognition
of our worldview.
“Right up until the practice run,
changes were made, limits were
pushed and the courtroom was still BY ANGHARAD
accommodating of the request to O’FLYNN
have speakers, karakia, waiata, haka
and photos.
“Some may have got a little
impatient and decided on another jointly run by the Italian govern-
ceremony, just to be admitted, but Suzanne Innes-Kent has an ment and a particular university.
I learnt how accommodating the impressive list of qualifications: an That is how we got invited to do the
process can be if you’re patient but LLB(Hons); LLM (Distinction); Dip WHO programme,” she says.
persistent but most of all, com- Soc Sci (Distinction) and BA(Hons).
mitted to your path. It may have But that only tells part of her story. Before the law
dragged out longer than usual, but Suzanne has also trained and “I had been working for many
the ultimate outcome was reached worked in a myriad of fields, and years as a workplace consultant
and I would not have changed it a war zone. specialising in conflict and rela-
for anything. She has trained election monitors tionship-building, so I was doing
“The tears dripping down the in Italy, doctors involved in the civil lots of mediation, but there was
faces of my whānau and all others war in Sri Lanka, World Health a limit to what I could do without
involved, Māori and Pakeha showed Organisation (WHO) officials in legal training.
a positive step for the profession and Geneva, and done training in the “A particular memory is of being
for Taranaki, in moving towards an Australian outback “for assistance called in to provide professional
open and diverse future.” to a human rights NGO to work with coaching to a senior manager,
UN agencies in war zones”. then accompanying him to an ‘off
High Court has te She says the WHO work was to the record’ informal meeting where
reo ceremony ensure entry into areas of Sri Lanka he was served with a termination
The Ministry of Justice has devel- that desperately needed help. notice, and thinking ‘this cannot be
oped a Te Reo Order of Ceremony for “My husband and I were training right’, but having no idea how to
moving counsel after an admission medical personnel in negotiating stand up for him. On the other hand,
conducted in the Wellington High entry to rebel-held areas for public I have worked for employers deal-
Court. Candidates for admission health reasons – eg, children’s inoc- ing with seriously incompetent or
may choose to have the entire ulations, water sanitation and such. unacceptable employee behaviours
ceremony conducted in Te Reo, or Medical personnel were some of the and trying too hard to accommodate
counsel may move admission in Te few who could cross lines during them.”
Reo (“Kia uruhau te Kōti, ka tono au the civil war. These experiences encouraged
kia eke a [Name] ki te paepae o ngā “We were under contract to the Suzanne’s interest in the law, spe-
rōia poumua me ngā rōia poumuri WHO, which then invited us to cifically in employment law.
o tēnei Kōti Rangatira”) and the Geneva to train their headquarters “I did an LLM at Victoria
candidate may assent to the oath staff in negotiation/mediation. University while working more or
or affirmation by saying either “Kei We had previously trained Italian less full-time, and loved that; but
te whakaae ahau” or “I do”. ▪ election monitors, through a project then later, for family reasons, I had
15PROFILE · PEOPLE N o v ember 2 0 1 8 · L AW TA L K 9 2 3
to return from Singapore where answers to often complex and
my husband and I were living, and most important problems. I get a
I saw my chance to do the LLB, thus buzz from arguing the point with
reinforcing my husband’s view that the most knowledgeable people in
I specialise in doing things in the the field. I have learned that you are
wrong order. never too old to learn, that research
“To go to university not just as really does pay off, and that law
a mature student, but as someone really is about justice, despite some
long in the tooth with very varied public scepticism.”
life experience, was an absolute
privilege. I loved everything I Inspirations
learned in all my subjects, and now “I am constantly inspired by people
that I am focusing on employment around me – but people who com-
law, my only regret is that I am not bine intellect and worldly acumen
pursuing other interesting areas of with down-to-earth humanity will
law.” do it for me every time.
“Lawyer Karen Harding, who
A portfolio career fought for exploited Indonesian
“My background experience means fishermen, is my most recent
that I can see the human stories inspiration.”
behind both parties in litigation. Ms Harding won a case in the
“I also have limited tolerance for Supreme Court for 30 Indonesian
the occasional elitism I come across fishermen seeking redress from the
in the law profession. I value hugely Crown and a South Korean fishing
the institutions of law and its superb company for human rights breaches
senior practitioners, including and, due to lack of pay, poor working
in particular, the judges I am privi- conditions and violence.
leged to work with.
“I think that law views people and Current issues in the
issues quite narrowly, and law firms legal profession
would benefit from having people With a unique view on the world,
who have done something else too. My background in Suzanne’s observations on the legal profession from
psychology, for instance, brings a perspective on the now working at the frontline are logical, constructive
dynamics of handling self-litigants. criticisms felt by many in the legal profession.
“Any non-law background will widen the perspective “I think things are changing. Law firms need to find
of people entering a career in law. In my case, I have more creative work arrangements so that people can
had something of a ‘portfolio’ career.” work flexibly, or on contract, as well as in traditional
Along with her academic accomplishments, Suzanne employment relationships. This means being more family
has worked in radio and television talking about personal and life-friendly.
relationships. She has written two books, Someone To “Fees need to come down – fees are the biggest barrier
Love and Love for All Seasons; set up litigation-avoiding to access to justice.
‘partnerships’ in major utilities management contracts; “Harassment of women - and I have no doubt some
been a teacher and a social worker, and also been a men - is now being investigated. Ridiculously long,
social work trainer. exploitative hours need to be tackled.
“I have been mentor and coach across organisations “Mentoring schemes are important – starting out in
from boards and CEOs to frontline staff, from a mayor law is tough in the best of circumstances – it matters
and councillors to possum hunters who lived mostly in to get it right and there is much to learn. The online
the bush. Prior to my social work career, I taught at high world is in the process of changing fundamentally
schools both in New Zealand and in Tonga.” the way lawyers will need to work. We need to get
clear what it is we offer that cannot be done by an
Enjoyment in her legal work algorithm.”
Suzanne’s first legal job is her current one. Suzanne is quite possibly qualified to provide a nov-
“I am still in my first legal job, as Judges’ Clerk at el-length list of advice, but she shares just one simple
the Auckland Employment Court. There I am at the but encouraging piece of advice to both lawyers and
heart of the interpretation and application of the law non-lawyers alike:
in the employment field. It is endlessly demanding and “Hold out for what you want; think not just about
constantly novel. the job but about the kind of profession you want to be
“I love the sense of contribution to finding legal part of. Get involved in local legal practitioner groups.” ▪
16L AW TA L K 9 2 3 · N o v ember 2 0 1 8
PEOPLE
PROFILE
The Innovators:
Anton Smith, CEO
Consensus New Zealand
LawFest organiser Andrew King continues a series of
interviews with key legal professionals with their inno-
vation and technology stories.
What does legal innovation to you if they feel a connection to
mean to you? you. How do you build and maintain
It means listening to lawyers and that connection in an increasingly
their customers and solving prob- digital playing field? That’s the big
lems. Clients are often in the posi- question and, I think, the cause of perfect, and that’s freeing. You have to be in it for the
tion where there’s no question they great pressure to come. long haul and constantly strive for perfection
need legal assistance but, frankly, if I think fear of failure is a big problem for all of us work-
they could avoid it they probably What developments do ing in this industry. The best lawyers I’ve encountered or
would. So what can or should we you see in how legal worked for are the ones who recognise they won’t always
as an industry be doing to make services are delivered? have all the answers straight away and, equally, that those
the interaction easier and simpler? How legal advice is packaged, working for them offer different perspectives that can
That’s what legal innovation should conveyed and paid for will change deliver nuggets of gold. We have to be more open to the
be all about, in my opinion. for the better. How legal advice is opportunities failure and different perspectives present.
produced is also evolving through As more lawyers adopt this innovative mindset, we
What role does technology software, making many tasks pre- will see the transformation of the industry that our
play in innovation? viously done by junior lawyers and stakeholders are crying out for.
User experience is everything and law clerks redundant. That presents
user-centred innovation demands a separate and major challenge for Why is it important for legal professionals
the smart use of technology. Those our profession’s growth and longev- to continue to learn about legal innovation
who will succeed in #legaltech will ity and demands grappling with. and leveraging technology?
only do so if they add value, and The lawyers and firms with longevity will be the ones
they’ll do it by making consuming What opportunities has legal with competitive advantage, gained through leveraging
and providing legal advice easier, innovation brought you? the right technologies. That doesn’t necessarily mean AI
better and less daunting. The chance to meet and work with or chatbots, although I appreciate software will become
some of the smartest brains and for- increasingly of interest. I mean using even very simple
What pressures are ward-thinking professionals Aotearoa technologies to build a profile online.
organisations facing in the has to offer. It’s also been a way to dig The old approach of firms being comprised of ‘grinders’
delivery of legal services? deep into the frustrations those we (lawyers who prefer to ‘do the doing’) and ‘rainmakers’
Clients will always put pressure on live to serve as lawyers have about (the legal salespeople) is already over. You can be a
price, especially if they don’t appre- our profession. There is a literal abun- ‘grinder’ who doesn’t enjoy the business development
ciate the value lawyers provide. It’s dance of problems to solve. side of private practice and still use technology to market
something which can be hard to your brand.
convey, but it’s essential and creates What are some of your tips to Legal professionals need to convey who they are and
competitive advantage for those who start innovating or developing why they’re the best at what they do in a professional
get it right. However, no one is inter- an innovative mindset? and appealing way, and they can actually do that at min-
ested in a race to the bottom with Develop a hypothesis - your guess imal cost. It’s an exciting call to action for our industry
price, so what’s your differentiator as about what your users or customers and one I’m thrilled to be exploring. ▪
a lawyer if not price? To me, it’s who want - and then test it continuously.
you are. At a certain point, most law- Honestly, it’s about running experi- Andrew King andrew@lawfest.nz is organiser of
yers have the experience to answer ments. You have to not only be open LawFest 2019, which will be held in Auckland on 21
the majority of client questions in to being wrong, you have to expect March 2019. Anton Smith will be one of the speakers
their field, so the client will be loyal it. What you try is never going to be at the event www.lawfest.nz
17You can also read
