Emotional opening of - New Zealand Law Society

Canterbury tales
Canterbury tales
Canterbury Westland Branch New Zealand Law Society
November 2014, Vol. 20, No. 10
Emotional opening of
Parry Field’s new home
By Grant Adams
When the partners of Parry Field
Lawyers started planning the
opening of our new building in
Riccarton, we wanted it to be
special.
As we reflected on the long journey our firm
has been on over the past four years, one of
the partners suggested we should honour the
crane operators who had rescued us in the
February 2011 earthquake.
Everyone will remember where they were at
12.55pm on 22 February 2011. Our city office
team, in our offices on the 15th floor of the
Forsyth Barr building, were suddenly thrown
into chaos and fear as the building began
swaying from side to side.
A pink cloud of brick dust billowed upwards
and as it settled, outside we could see the
Cathedral Spire and many other buildings
destroyed.
It soon transpired that the stairwells in the
building had collapsed. Everyone above the
14th level congregated on the 17th floor to
await rescue. The building shook with
aftershocks. We did not know where our family
and friends were, or some of our staff who
had been out for lunch.
Paul Cowey, one of our partners, recalls some
of the group making a sign to hang out the
window alerting people outside to our plight.
After seeing our sign a policeman at the
intersection below spray-painted a message
‘help is on its way’ on the ground, and this was
somewhat reassuring. However as we looked
down onto the pancaked PGG building, we
soon realised that we could be there for a while.
After a few hours and several different ideas
as to how we could get out, we saw a huge
crane coming into Victoria Square and parking
beside the building. Smith Cranes had come
to the rescue, with a large crane boom and a
mancage platform which we would all get into
and be winched down to safety.
The tumultuous events of 22 February 2011 are recalled as staff of Smith Cranes take part
in the ceremony to open the new Parry Field building in Riccarton.
Jason Campbell and Jason Bourke operated
the crane and mancage, putting themselves in
great danger as the crane shook with
aftershocks coming through.
The entire rescue was filmed by a local news
crew and streamed live on CNN, so some of
our friends and family were watching as the
event unfolded.
Nearly four years later, that day is still etched in
our memories and we thought it would be
fitting to recognise the heroic actions of the
men from Smith Cranes and ask them to open
our new building on Rimu Street.
They readily accepted and offered to bring a
crane to use in the ceremony, to lift some staff
up to the balcony of the new building.
Despite a thunder and hail storm during the
practice run, the opening and ceremonial crane
lifting went off without a hitch. Peter van Rij
gave a poignant speech thanking all the people
who helped us on our journey from that
memorable day in 2011 to the day we could
move into our new building, including our staff
who worked through some trying
circumstances in various temporary locations.
Four of our staff were harnessed, dressed in
high-vis and lifted up to the first floor in the
mancage, and Paul Cowey was interviewed
by John Selwyn from Campbell Live on the
journey upwards Peter van Rij was waiting on
the balcony to thank Jason and Jason, who
then unveiled a special commemorative
plaque as a small group of our staff, partners
and key suppliers applauded them from our
boardroom.
The plaque recognises Smith Cranes and their
rescue efforts and will be mounted in our new
building as a reminder of our journey.
The opening night was a great success and a
very special evening for Parry Field Lawyers.
The event was featured on Campbell Live on
the 4th November 2014 and the video can
be viewed at www.parryfield.com <http://
www.parryfield.com.
More photos from
the opening Page 3
22
Canterbury
Canterburytales
tales
Vino Fino
Photo Caption
Each month we have a photo caption
competition where we invite you to submit a
caption. The winner will receive two bottles of
wine sponsored by Vino Fino (www.vinifinoco.nz,
188 Durham Street).
Send your entry to the Canterbury Westland
Branch New Zealand Law Society, P. O. Box
565, Christchurch. Or email to [email protected]. All entries must be
received by December 9 2014. The winner will
be announced in the next edition of Canterbury
Tales.
The winning entry for last month’s picture
(below) was submitted by Craig Ruane.
““Can you believe what Miranda is
doing with that piano!”
President’s Column
Dear Colleagues,
We are heading into that part of the year where
whole days just vanish and we are still left with
little to show for what seems like hours of
pressure. Probably this is a sign that holidays
are going to be happening soon.
I am surprised that the media have so much
energy. They seem to be tireless. After
exhausting us with the election fictions they are
now fully “on the hunt” over a man who simply
got on the wrong aircraft and ended up in South
America.
Do we want to know anything about that man?
Are we keen to have him shipped back? Do we
agree that the media’s role should be to escalate
his notoriety and place him centre stage?
Perhaps it’s true that there is no story in good
things.
Some good things have been happening
however in our patch. Recently His Honour
Judge Becroft (Principal Youth Court Judge)
spoke at a lunch meeting in Christchurch and
revealed the following pleasing results:
* Apprehensions by the police for offending by
10-16 year olds between 2003 and 2012 have
reduced by one third and are continuing to fall.
* The numbers of youth being prosecuted in
the Youth Court nationally between 2007 and
2012 has reduced by half.
* In Christchurch the actual number of youth
appearing in the Youth Court in the past year
was 260 down from 532 in 2009.
This has to have a good outcome for our society.
I thought it might be helpful to retell you the
story of Snow White.
“Once upon a time Snow White lived in a large
dark forest under an oak tree. She did not like
children but the next best thing was a bunch of
dwarves. Her domestic arrangements were not
at all appropriate but only one of the dwarves
was said to be grumpy.
“She developed a view that all the dwarves
should be self-funding and she would send
them off each one, to work every day. This
included Sundays. Unfortunately work
opportunities for them were hard to find. None
were ever offered office work because of
difficulties in managing the photocopying
machine.
“Before entering the forest Snow White used to
be Queen of the North. She would send out
raiding parties to exploit distant population
bases. Although it was known, she found
conceptual issues difficult. She was nonetheless
very clear where children came from. For this
reason the raiding parties were strictly limited
to just pillaging”.
The rest of the story will have to wait for another
time because it is time for...
The Local Awards
Most Enlightened Punter — Some days ago
as duty lawyer I was faced yet again with some
of the difficulties this role presents. One difficulty
is the need to evaluate whether it is expected I
would allow physical contact with the client
(shaking hands). Another issue is how formal
or chatty should the interview be. Shall I remain
completely anonymous or let something about
who I am slip out?
The touch thing is the biggest concern. Some
clients would be offended if you refused to
shake hands. Recently a client has advised of
the need (after having initiated the handshake)
to wash my hands because he had infectious
hepatitis and another client gave the same
warning because he said his scabies infection
was out of control.
On the morning I interviewed the enlightened
young punter, I ascertained a few details about
him. His name was “Cody”. It must have been
one of those mornings when I was going to
do a slight but brave self-reveal. I told him
that one of my horses is called Cody and he
replied “Really... it’s a small world isn’t it!”
Judge Couch — Best Supervising Director.
Judge Couch was presiding over a busy Case
Review Hearing list recently. A matter had
proceeded to a point of sentencing. Mr Richard
Williams (that noble knight hereafter referred
to as Sir Richard) appeared for the prosecuting
authority and Ms Clare Yardley for the
defendant.
A point was reached where some discussion
occurred about the appropriate level of penalty.
Ms Yardley who had been participating in the
debate indicated that she would defer to Sir
Richard’s greater experience. His Honour Judge
Couch realised that what would be helpful
would be the introduction of a saying once
relayed to him by retired Judge Erber.
It is as follows:
Q. What did the mother whale say to the baby
whale?
A. It’s when you rise up and spout that you
get harpooned.
Ms Yardley had obviously sat down early
enough in the piece to ensure that she would
be able to participate in yet another happy
festive season. Until next time.
Colin Eason
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My learned friend has practised as a lawyer
Carey. Bottom, Sarah Herron, Kristen Acker, Jess
not just before this Court but before almost
Hastings and Ruth Judkins.
every jurisdiction in the land. Cases conducted
by him in the Rangiora District Court have on
occasion worked their way through to the Court
of Appeal and beyond.
After all, from time to time, judges and juries
do get it wrong, and Mr Hales has had a second
or third bite of the cherry. From time to time,
he has simply lost, and, true to his craft, he has
moved on to the next file.
My learned friend has represented the scions
of privilege, as well as the offspring of the poor.
In some cases he has been properly paid, but
in most cases he has done so at legal aid rates.
Regardless of the defendants’ backgrounds, he
has given them all, in equal measure, the
benefit of his experience, the fruits of his
research, and the polish of his presentation.
If this sitting today has any positive purpose,
then it should be to mark the forthcoming
retirement of Mr Hales. The refreshments
afterwards should be seen, therefore, not so
much as Judas hosting the Last Supper, but as
a fitting celebration of the career of a man who
has served this community with distinction, with
dedication, with integrity, and with style.
On behalf of the Bar, but particularly the North
Canterbury Bar, I wish him well, and also his
ever supportive wife Miranda, in the challenging
times ahead of them.
May it please the Court.
Compass
Who will buy
your business?
Do you want to
grow your business?
Canterbury tales
Continued
from
Page 1
3
24
Canterbury
Canterburytales
tales
Should you be worried?
By Andrew Nuttall
Director, Bradley Nuttall Ltd
Many years ago, my grandmother
told me that 90% of what we
worry about either does not
happen or we cannot control.
I am sure she was right, however, over the
years I’ve found that, at times, I still worry. I
am sure most people feel the same.
How often do we see ourselves and our
clients spending time and energy worrying
unnecessarily? How often does worry create
relationship problems, paralyse decisionmaking, cause conflict and even ill health?
Imagine how much more productive we could
all be if we did not consume so much mental
energy worrying?
It is not surprising that we worry. The media
constantly reminds us of things to worry about
such as Ebola, ISIS and economic uncertainty.
Combine that with centuries of programming
through being fearful for our lives on a daily
basis and it’s surprising we don’t worry all the
time.
By itself, worry might not be the issue. It is
more about how we react to worry. Typically,
we do not worry about just one thing, we tend
to get caught up in all the ‘what ifs.’ Those
‘what ifs’ can often lead us to make to
decisions we would not otherwise make. It
is interesting to observe that worry can feed
on itself and thoughts that are emotionalised
become magnetised and attract similar and
like thoughts.
Maybe it is best to just accept that it is in our
nature to worry, but if something is weighing
heavily on your mind you could try this
exercise. Write a note in your diary or on a
card about your worry and include; how you
feel, the people you are worried about and
even the ‘what ifs’.
Once a week review your diary entries, or
cards, and see if you can sort them into two
piles-’yes these things are turning out just as
bad as I thought’ and ‘no everything looks
like it will work out’. I have a strong suspicion
that 90% of the entries will be sorted into
the second pile.
Through this simple activity, you might gain
some perspective. It may also avoid some of
the bad decisions that worrying can trigger.
No doubt, you will not stop worrying
completely but I have found that giving myself
permission to put my worries aside for a bit
can help a lot.
Frequently our worries revolve around money
matters.
The above exercise will be helpful but the
best solution might be to identify the issue(s),
evaluate, develop a plan and take some
action. Small steps might be best for some
such as reducing debt on a weekly or monthly
basis or joining KiwiSaver. Other uncertainties
might be better addressed through strategic
planning and developing a lifetime cash
model.
Like your profession, much of what we do
involves helping clients with worry. Worry
about whether they have enough money,
worry about whether they are doing the right
thing, worry about whether their kids are going
to be alright. Often, their worry can be quickly
solved. When it is, the sense of relief can be
palpable.
I would love to hear from any of you if you
have any feedback or you found the above
exercise helpful. Remember, worry is like a
merry-go-round, it will keep you entertained
but it will not get you anywhere.
Andrew Nuttall is an Authorised Financial
Adviser at Bradley Nuttall Ltd. His
Disclosure statement is available on
request and free of charge. Andrew can
be contacted at [email protected] or
phone 364-9119.
Comings & Goings
Joined firm/organisation
Marianne Dutkiewicz (Lane Neave), Jaxon
Grieve (Russell Moon & Fail), Julie Hands
(Duncan Cotterill), Richard Hargreaves (Wynn
Williams), David Hills (Duncan Cotterill), Penny
Hoogerwerf (Central Plains Water Limited),
Emma Kay (Kannangara Thomson), Naoimh
McSparron (Wynn Williams), Briony McTaggart
(IRD), Ashleigh Mulholland (Duncan Cotterill),
Jamie Robinson (Duncan Cotterill), Matthew
Smit (Duncan Cotterill), Anna Whalan (Rhodes
& Co), Sarah White (Malley & Co).
Moved
Jennifer Acker (Buddle Findlay to Cameron &
Co), Julie Mander (GCA Lawyers to Tavendale
and Partners, Ashburton), Michael Parker
(Anthony Harper to Tavendale and Partners),
Paul Tyler (Quentin Hix Legal Limited to Aoraki
Legal Limited), Rachel Walsh (Godfreys to
Clark Boyce).
Change of status
Colin Abernethy, partner with Harmans.
Rebecca Saunders, partner with Lane Neave.
Jerome Toomey, partner with Harmans.
Change of detail
Parry Field, 1 Rimu St, Riccarton, Christchurch
8041, PO Box 8020, Riccarton, Christchurch
8440 ph (03) 348 8480, fax (03) 348 6305.
Wynn Williams, Level 5 Wynn Williams House,
47 Hereford Street, Christchurch 8013.
Ben Tothill Commercial Lawyer, PO Box
29140, Fendalton, Christchurch.
NAVIGATING A REBUILD WITH YOUR CLIENTS?
• Are you certain that your clients are getting a fair deal?
• Have they been provided with all of the costs?
• What other options are available to them?
At Golden Homes we have over 25 years building experience and a
detailed understanding of insurer requirements and options. Add in
more than 65 years of legal experience from our 3 in-house lawyers
and Golden Homes is in a unique position to assist you and your clients.
We provide:
• Cash Out Options (House and Land Packages / Rebuild on existing site / Rebuild elsewhere)
• Fixed Price Building Contracts for all sites
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WE CAN GUIDE YOU AND YOUR CLIENTS THROUGH THE PROCESS
Golden Homes
Graeme Odams
Amelia Simpson
Denise Booth
Tel: 03-377 7940
Tel: 021-778 998
Tel: 027-706 6207
Tel: 027-295 4920
Canterbury tales
5
COACHING LAWYERS
Alchemy or enhancement?
By Emily Morrow
Frequently I am asked to coach a
lawyer who is viewed as being a
‘high potential’ professional within
a law firm, in-house counsel’s office,
or barrister’s chambers.
The unspoken (or not so unspoken) agenda is
that, as a result of the coaching relationship,
the individual will ‘change’ to better meet the
needs of the organisation and I will somehow
‘fix’ the situation. Interestingly, in most such
cases, I find there is nothing to ‘fix’. Instead,
there may be better ways to think about and
approach the status quo.
Such engagements cause me to think about
‘change’ in the context of professionals in the
practice of law. Consider the difference
between ‘alchemy’ (a philosophy having as its
aim the transformation of base metals into gold,
the discovery of the panacea) and
‘enhancement’ (to make greater, as in value,
beauty, or effectiveness; augment).
Alchemy never worked, it was based on the
flawed assumption that one could change the
essential character of a substance.
Enhancement happens all the time when one
works with another’s essential nature and builds
on the best of it.
This, of course, ties in with the extent to which
we are the product of nature or nurture.
Research indicates that about fifty per cent of
human behaviour is nature, that is, our essential
temperament hardwired into our DNA. The
other fifty per cent is nurture, the cumulative,
ever-changing result of our many lifetime
experiences. Generally, I find the nature part
can be enhanced but not fundamentally
changed. The nurture part is endlessly
malleable, and that is the focus of much of my
consulting work.
One of my basic approaches, founded in
neurological research, is that if an individual
engages in clearer, crisper, better thinking, it
will result in more appropriate and enhanced
behaviour. It is our behaviour that others
experience, so ultimately changing that is what
most matters.
Typically, ‘lower-quality’ thinking occurs when
we function in the cerebral sub cortex of the
brain (the ‘reptilian brain’), which often happens
I
N
D
E P E N
D
under stress. When we function in the cerebral
cortex of the brain (the ‘upper brain’), we
become more creative, innovative, logical,
empathetic, and generally more executive in
our thinking. Invariably, our self-management
skills and our overall functioning improves.
Coaching often involves learning how to identify
different levels of cognitive functioning and
making intentional choices to engage in higherlevel thinking.
That said, coaching can be of assistance in
many different professional contexts. Consider
the following.
Business development skills
Julie is a lawyer with outstanding technical skills
and an impressive professional background. She
was being considered for partnership in her firm,
but was told she needs to demonstrate the
ability to build a partner level practice. Despite
her diligent networking efforts and strong desire
to succeed, Julie was having difficulty cultivating
and attracting new clients.
She is by nature introverted, detail and goaloriented, concrete in her thinking, and logical,
seeking closure in her work. Julie can present
as being somewhat two-dimensional, inflexible,
lacking in personal warmth and imagination, and
uncharismatic. In a candid moment, Julie once
told me that she admires those of her
professional colleagues who easily “pull other
people into their slip steam”, even though these
individuals lack her technical skills.
I asked Julie to articulate, as succinctly as
possible, her long-term vision for her practice.
What types of clients did she wish to attract?
What kinds of strategies were likely to work for
her? What approaches would be best suited to
who she is personally and professionally? What
might success look like if she were to build such
a practice? Julie tends to focus on the trees,
rather than the forest and she found it
challenging to articulate a clear strategic vision
for her practice.
We also discussed her anxieties about engaging
in business development activities that were
outside of her comfort zone. I encouraged her
to tell me about business development
initiatives she had undertaken in the past, what
was successful and what was less successful.
We had several good brainstorming, openended, discussions about how to best grow her
practice.
What emerged was the beginning of a
‘roadmap’ for Julie to follow in building her
E N T
C
O
M
M
E R C
practice. Julie articulated that, despite her strong
goal-orientation, she lacked confidence in her
relationship-building skills, without which she
would have difficulty attracting and retaining
clients. She identified how to enhance her
relationship building skills by being more
flexible, a better listener, less critical of others,
more ‘fun’, and generally lightening up a bit.
She also began to ask others with whom she
worked to give her feedback on changes they
had noticed in their interactions with her. This,
coupled with her formidable technical skills, was
a winning combination.
Julie’s approach to personal/professional
change was consistent with her intrinsic nature
as a person - focused, concrete, goal-oriented,
and logical. However, she intentionally nurtured
other previously dormant capabilities and
encouraged those around her to do the same.
The results were clear and quantifiable. Not
only did Julie enjoy her work more and
experience less stress, but her practice grew
and her professional revenues increased. She
had effectively created her own tailored
slipstream into which others are now being
pulled.
Succession planning
Mary is successful, energetic, in her 60s, and
the managing partner of a mid-sized law firm.
Realising that succession planning is a critical
component of effective leadership, Mary has
given considerable thought to what will happen
to the firm when she retires. Nevertheless, Mary
was puzzled by her inability to make any
progress in implementing a succession plan.
Why was she failing to get any traction on this
important issue?
Initially, Mary engaged me to work with her to
design a succession plan and the steps needed
to implement it. In discussion, it became clear
these objectives were premature in that Mary
needed first to address several existing
management and staffing issues within the firm.
My subsequent interviews with key employees
revealed four major issues: Mary was not
adequately developing the next level of
leadership, there were significant inefficiencies
in the firm’s administrative systems, several
personnel changes were required, and Mary
was not mentoring or encouraging others in
actively building and maintaining the firm’s
practice.
I A L
Mark Russell, a senior commercial Partner with Buddle Findlay’s Christchurch office, is joining
Canterbury Chambers from January 2015. Mark will be available to provide independent, expert advice in:
• company law issues
• shareholder disputes
• corporate governance
• banking and financing law
• commercial contracts and disputes • company insolvency
Mark will also be practising as a commercial mediator and arbitrator.
Continued Page 10
B A R
R I
S T E R
Contact details until 31 December 2014:
Buddle Findlay
83 Victoria Street, PO Box 322
Christchurch 8140
Ph: 03 371 3505
Email: [email protected]
26
Canterbury
Canterburytales
tales
Christchurch lawyer review
By John Burn
In the six months I have been back
in Christchurch I have enjoyed
reading in Canterbury Tales several
members reminiscences of their
time in practice here.
The following is my contribution with
recollections of my time here and how that
compared to my time in New South Wales.
After partnerships in two Christchurch firms I
set up as a barrister sole — the second to do
so, after the great Peter Mahon. He got all the
heavy work while I looked after the easier stuff
from the smaller firms.
Before long, we were joined by two others,
who then with Peter became judges, and my
practice drifted up to be solely High Court, Court
of Appeal and (three times) the Privy Council.
The separate Bar then grew, and after some
time as a City councillor (bad for practice!) my
wife and I moved to Sydney, first in 1980 and
then after four years away, back again until
1990 — so in all, 25 years at the Sydney Bar.
I had two years first as a commercial litigation
partner in a large Sydney firm, to which I had
been recruited from Christchurch, then
deserted with relief to the Bar again.
The Bar in Sydney is however very different
from that in New Zealand, following the English
tradition in which you can be a barrister or a
solicitor but not both. Thus the solicitors run
the files and the barristers only get the briefs
just before the hearing.
Of course in a complex matter the barrister may
be called on earlier, to give advice on evidence
or strategy, but separate briefs have to be
delivered to him for those tasks, and a fee note
goes back with the brief and the advice. There
is no guarantee that he will be engaged in the
hearing later, although that commonly happens.
There are more than 2000 barristers in Sydney,
and all practise out of chambers (or “floors”)
in the area around Phillip Street, where the
Supreme and Federal Courts are. A floor may
contain from half a dozen to 40 barristers, and
is run by a clerk.
In my early days, the clerks (always male) were
all powerful, because their solicitor contacts left
it to them to distribute briefs around the floor
(though the board of the floor kept an eye on
general fairness). In more recent years, most
clerks are now female, and have little influence
on briefing, merely managing the running of
the floor.
Some of the older floors carry great cachet,
and a room will cost well over $500,000. This
however is only key money, paid to the last
occupant, and it gets you no relief from paying
John Burn.....found the Bar in Sydney very
different from that in New Zealand.
full rent and floor fees like those who may only
be leasing (“licensing”) their own rooms next
door.
Starting at the Bar is a gamble, easier for those
with contacts in litigation firms, but any baby
barrister (as they are called) jumps at any work
which comes his way, often passed to him by
someone else on the floor who is “jammed”
— that is, overbooked for a day.
I should say that non-availability of counsel is
not a reason in Sydney for an adjournment,
and no-one ever raises it, because the
convention is that a replacement counsel can
be found easily after a couple of phone calls.
(Of course, an illness or accident on the day
would be an exception, though the judge would
do no more than allow the case to start two
hours later with new counsel).
The diaries of counsel are never taken into
account except in fixing a date for a part-heard
matter). I frequently found myself in a taxi, trying
to pick up a brief on the way to the court.
On one occasion I took over a Supreme Court
jury trial after it had been going for three days,
the silk and junior for the plaintiff having some
immensely unbreakable commitment
elsewhere. (I had been falsely told that the
junior would stay with me.) The jury looked a
bit surprised at the change in counsel but we
went on to get a good verdict.
Our baby barrister, however, has to take stock
of what type of case he is getting, for repeat
work of the same type is common, and he
may be literally locked in for life in one area of
the law if he does not apply some discretion
to what he accepts.
This is because all barristers are known for their
specialities, and except in the case of the top
ones, are rarely approached with work outside
what they are known for.
One friend of mine waded into workers’
compensation cases (not highly thought of)
and when busy and earning great money a
year longer, took stock of the situation and
returned all his briefs. He then sat in chambers
doing almost nothing for months until slowly
picking up better work, and is now a Supreme
Court judge (for Supreme, read our High).
When I left my old firm, the workers
compensation partners wished me all the best
and announced that they were putting me on
their barristers’ panel. Had I accepted I would
have made a fortune out of easy work, but I
high-mindedly declined and can see still their
expressions of shock.
I thus began with commercial cases and
common law (negligence cases) and my old
firm put me on their panel for such work, which
was much harder going. It included however,
circuit cases. All Supreme Court judges sit in
Sydney, but go in circuit to the other large towns
for one or two weeks every now and again.
They are accompanied by a horde of barristers
Avon Investigations
Specialising in litigation support since 1988
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VERDI VAN BEEK
PRINCIPAL
Canterbury tales
7
ws 25 years at Sydney Bar
‘He said, “No, a brief passed is a brief passed”,
and thus for holding the brief for about four
seconds I got the daily fee, then I think about
$3000.’
and solicitors from Sydney, where all the
preparatory work is done.
The judge may have 150 cases for a fortnight,
and each morning calls through perhaps 30 or
so to check on which are settled, or which are
ready to run.
Barristers stay in the best hotel they can find,
in my case mostly in Newcastle, and a
considerable social life after hours inevitably
takes place. I usually had about eight to 12
cases in such lists, always for the defendant. I
think in 23 years I appeared for a plaintiff fewer
than five times, another example of how you
get “typed”!
It is obviously common on circuit for cases to
be passed, with everyone having a number of
briefs, and my most memorable experience
was when a silk asked me if I would be there
the next day. He wanted to get back to Sydney
and was held up by being unable to settle.
I said I could take it, and he said, “I’ll have one
last try” and went out of the room. Back five
minutes later he said, “Hopeless” and handed
me the brief. Just as I took it his opponent came
in and said, “OK, we’ll take it” and I handed it
back. He said, “No, a brief passed is a brief
passed”, and thus for holding the brief for about
four seconds I got the daily fee, then I think
about $3000.
There is great camaraderie at the Bar, at least
in the area of law in which you practise. On
the other hand you often strike opponents and
judges whom you have never seen before.
When I first began there was a convention that
if you had not appeared before your judge of
the day, you told his tipstaff, who would then
take you into his chambers to introduce
yourself, sometimes with your opponent.
A tipstaff (“tippy”) is the judge’s servant or
usher, usually a retired civil servant, who
organises the court, hands exhibits around and
does other jobs such as picking up the judge’s
dry cleaning. Evidence is recorded electronically,
and is not available in transcript until 7pm each
day.
About 10 years ago the Supreme Court was
so overloaded with personal injury trials, both
jury and judge-alone, that the Legislature
moved all such cases to the District Court (“the
dizzo”) with unlimited jurisdiction, thus we got
many more judges, but that Court, which also
operates with wigs and gowns, has a broader
jurisdiction that our own here (there is also an
inferior Magistrate’s Court, for crime and minor
civil matters) and cheerfully hands down
judgments in the millions of dollars.
Appointment to the District Court is accepted
by quite senior barristers, and the appeal from
the District Court is direct to the Court of Appeal,
so the system is quite different to ours. About
15 years ago I drifted into asbestos cases, which
thereafter made up most of my briefs.
I was on the panel of barristers for both the
Attorney General’s Department (Federal) and
the Crown Solicitor (State), which brought very
regular work, obviously always for defendants,
as well as representing many insurers for
employers, contractors and occupiers.
I never met any of these clients, my
involvement being only with their solicitors.
Because of the complex medicine of these
cases, we had specialised judges and what was
hoped to be a specialised Bar. There was also
a degree of commercial work, which led to one
or two long cases as junior (I was classified
“senior junior” which by my retirement I
certainly was).
However, I usually did Supreme Court and
Court of Appeal cases on my own — High Court
in Canberra only as junior, but leave applications
to the latter were done to one or two judges in
Sydney, and I was never led in those.
Of the 2000 barristers about 8% are silk, and
many busy juniors cannot risk applying
because they, like me, have their entire practice
committed to insurance work where the
company will never pay the fee for a silk.
Fees for silk in Sydney are between $6000 and
$15,000 per day. Every barrister charges his
own daily fee, which is known to his clerk and
all his solicitor clients (it does not matter
whether the case is small or large, the daily
brief fee does not alter).
There are several cases of senior juniors taking
silk and then going bankrupt because they
cannot attract any work outside their previous
speciality. This can never happen in New
Zealand because silks here handle anything at
any level, including indeed much of the
solicitor’s work from the start of the file.
Another great difference from here is that if a
Sydney barrister is not in court, he is usually
not earning. I think over 23 years I averaged
two to three days a week in court (you tend to
go into town every day in case a brief may be
passed!). I was also appointed as a mediator,
for in all divisions of the Sydney courts. No
matter may be set down for hearing until a
compulsory mediation has been held.
Successful barristers make high incomes, own
yachts, vineyards, overseas homes, but they
work very hard and lose much of their family
life. Broken marriages are common. Some
could never afford to become judges because
they would lose more than $1 million in yearly
income.
Barristers in Sydney are not allowed to go to
solicitors’ offices, even that of their instructor.
We do not shake hands, because we are
supposed to be “esquires” and must keep our
sword arms free. We cannot interview a witness
except in the company of our instructing
solicitor. We only use surnames to each other.
I have several good friends in Sydney at the
Bar, whose Christian names I genuinely do not
know.
A baby barrister may call his head of chambers
by his surname, even though the latter be a
retired Attorney General. The collegiate
atmosphere on a floor has to be experienced
to be believed — golf days, black tie dinners,
cocktail parties are inevitable. We are not
supposed to entertain solicitors, but that has
started to happen. Barristers may draft
pleadings, but silks are not allowed to, though
they may give advices.
Judges are invariably well-experienced barristers
and the courts are run professionally and
smoothly, with however more ceremony than
we know here. Every court rises exactly at 4pm,
regardless of the state of the case, for there is
a longstanding convention that barristers must
be back in their chambers for conferences or
chambers work for the next day.
A different world, perhaps, but an exciting and
enjoyable one, which I feel lucky to have
experienced. However, I admit to having
graduated to the easier cases (no surprise to
anyone who knows me) and I feel I have come
away with the best of it.
28
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Case summaries (77)
Chadderton v R, Court of Appeal
[2014] NZCA 528, 31 October
2014
CRIMINAL PROCEDURE — BILL OF
RIGHTS — EXCESS BREATH
ALCOHOL
Unsuccessful appeal against conviction;
successful appeal on question of law - driving
with excess breath alcohol - appellant lawfully
detained and placed in police vehicle after
failing breath screening test on university
campus in Auckland in Feb 2011 - evidential
breath test at policing centre produced result
of 654 microgm of alcohol per litre of breath at defended hearing appellant contended that
police arbitrarily detained him in breach of s22
New Zealand Bill of Rights Act 1990 (NZBORA)
as result of two delays during assessment
procedure under Land Transport Act 1998 (the
Act) - first delay of 5 to 10 minutes while
second officer finished taking statement from
security guard who discovered appellant
slumped at wheel - on way to policing centre
police vehicle stopped for up to 30 minutes to
arrange removal of van broken down just before
motorway on-ramp - during this time neither
constable attempted to obtain help from other
officers - District Court Judge found appellant
had not been arbitrarily detained and convicted
him - High Court dismissed appeal on basis
breach of s22 depended on whether there had
been failure to comply strictly or reasonably
with s69(1) of the Act, that there had been
reasonable compliance with s69(1) in terms
of s64(2) and appellant had not therefore been
detained arbitrarily at any time - leave to appeal
granted on question of law - “can reasonable
compliance under s 64(2) of the Land
Transport Act 1998 apply to breaches of the
New Zealand Bill of Rights Act 1990?” common ground that answer was “no” and
High Court Judge made error of law in relying
on s64(2) in determining breach under
NZBORA - main issue therefore was whether
despite this error the conviction should stand discussion of interaction between provisions
of the Act and NZBORA - interpretation of
leading decision of Birchler v Police (SC)
[2011] 1 NZLR 169 - distinction in Birchler
between cases where issue concerned alleged
breach of NZBORA and those involving alleged
failure to comply with procedural requirements
of the Act - s64(2) only applied to departures
from procedural requirements in Part 6 of the
Act and not to alleged breaches of NZBORA in latter case police conduct to be assessed
against standard set by relevant provision of
NZBORA - leading authority on meaning of
arbitrary Neilsen v Attorney-General [2001]
3 NZLR 433. HELD: (1) s64(2) could not be
applied to alleged breaches of the NZBORA High Court Judge had erred when he took
s64(2) into account in deciding whether
appellant had been arbitrarily detained in
breach of s22 - issue was about alleged breach
of NZBORA not about direct breach of s69 following Birchler, inquiry was whether there
was breach and if so whether evidence
New Zealand’s legal research tool
obtained as result was admissible under s30
Evidence Act 2006; - (2) Judge wrong to justify
first delay on ground police needed to ascertain
whether appellant had driven car - however it
was reasonable for officer to wait short time
while interview completed before leaving
campus - delay of 5 to 10 minutes was
unobjectionable - in terms of Neilsen standard
it was not capricious, unreasoned or without
reasonable cause; - (3) police also acted
reasonably in relation to second delay and
detention was not unlawful or arbitrary accident represented hazard that was danger
to human life and property and officers derelict
in duties if they had not stopped and dealt with
situation immediately; - (4) appeal allowed question of law answered “no” - conviction
confirmed.
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Canterbury tales
9
A most enjoyable Devils Own
By Brendan Callaghan
The annual South Island Devil’s
Own golf tournament was held at
Methven over the weekend of 7-9
November 2014.
which is a good sign. The more the merrier.
However, more players does not necessarily
mean an increase in the standard of the golf
but that has never stopped anyone before.
The pairs competition, arranged at dinner on
Saturday night, was this year taken out by Bruce
McNeice of Auckland and Paul Hubbard of
Dunedin. Congratulations to them.
The Methven Golf Course was in fantastic
condition and the participants were also
blessed with three days of warm, sunny
weather. This year saw ANZ come on board as
the major sponsor of the weekend. Their
support is much appreciated, as is the support
of the other sponsors. Without their support
the weekend would be cost prohibitive. On
behalf of the players, thank you.
Thanks are also due to the organising
committee and to the staff and members of
the Methven Golf Course, who allow us the
run of their course for the weekend.
There were a number of new players this year,
Above, players limber up on the putting green and below a spot of unwinding.
John Goodwin.....winner of best nett over two
rounds.
2
10
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Coaching lawyers
Continued from Page 5
In the course of our discussions, Mary realised
that despite her ostensible interest in retiring
and succession planning, she had unresolved
concerns about her future after retirement.
Further, she worried that others in the firm
would not service her clients as well as she
had.
Both of these worries were unfounded, Mary
had many interests outside of the law and she
practised with extremely capable people. She
was able to step back, identify her flawed
thinking and replace it with more appropriate
attitudes and approaches. This was a significant
development.
Consequently, Mary has made one of her
colleagues a new partner in the firm, and is
introducing him to her client base. She also
has initiated necessary personnel changes, the
firm is poised to improve its financial
performance, and internal systems have been
improved resulting in cost savings through
increased efficiency.
Finally, and perhaps most importantly, the firm
is gradually implementing a succession plan in
which Mary can ultimately retire, ownership will
be passed to others within the firm, the
transition will be seamless for clients, and this
successful firm will continue into the future.
Conflict interventions
Anne and William, senior in-house counsel in
a large company, had stopped speaking to each
other following an internal management
disagreement. During the last several months,
their only communication had been via terse
and hostile emails, and this was adversely
affecting the overall functioning of the in-house
counsel’s office.
When we meet together (something they did
with considerable trepidation), they agreed that
their failure to communicate was adversely
affecting the functioning of the office and that
they were both highly motivated to address
this issue. I then met individually with William
and Anne to better understand the existing
conflict, their personal concerns, and potential
areas of agreement.
Thereafter, we again met together and they
articulated the following goal for our work
together: “to be able to communicate with each
other in a professional, respectful, and
collaborative way”. To achieve this goal, they each
identified a specific project to work on with the
members of their own separate functional team,
and then communicate the results to each other
in a structured, formal, setting.
This strategy had the dual benefits of improving
the functioning of each team, while giving
William and Anne a neutral and positive topic
they could discuss with each other and with
me. This exercise led naturally to improved
communication, and William and Anne
gradually put the history of conflict behind
them.
Strategic planning capabilities
Tom is a long-time member of the
management board in a successful law firm.
However, when asked by the firm’s managing
partner to design and implement a critical new
strategic initiative for the firm, he became
uncharacteristically indecisive and unable to
provide direction and leadership for the project.
I was engaged to work with him on personal
and professional development issues and to
assist in the formulation and implementation
of that strategic initiative.
First, Tom and I focused on identifying his
personal leadership style and improving his selfconfidence and self-presentation skills. Through
our discussions, Tom came to realise that the
strategic initiative required a level of conceptual
thinking that was new to him. When he sought
to engage in long-range strategic thinking, he
became anxious and almost immobilised.
Together, we identified his specific skill deficits,
how he wanted to address these and the best
ways to do so. Consequently, Tom’s personal
and professional ‘presence’ improved, his
anxiety diminished, and he began to do his
best thinking relative to designing the strategic
initiative.
Second, Tom began to articulate a conceptual
framework for the strategic initiative, specific
actions to be taken, a timeline, staffing,
benchmarks, and the other details of
implementation. Once he realised the
importance of getting buy-in to the proposal
from the managing partner and other members
of the firm, he focused on his group
presentation and relationship-building skills to
build consensus around the new approach.
Tom’s self-confidence increased, he improved
his self-presentation skills, and he realised that
he had significant (and previously
underutilised) conceptual thinking capabilities.
In addition, his reinvigorated commitment to
the firm resulted in his improved ability to
manage and grow his own practice.
A detailed plan for the strategic initiative has
been approved by the managing partner and
is now under review by the senior management
team, with the expectation that implementation
will begin this year Julie, Mary, William, Anne,
Tom, and I did not perform alchemy in our work
together.
However, these professionals now function as
more enhanced, amplified, versions of
themselves, and are reaping the benefits of
those subtle but powerful changes. That may
not technically be alchemy, but it’s not far off
either!
Emily Morrow, BA (Hons), JD (Hons, Juris
Doctor), was a lawyer and senior partner
with a large firm in Vermont, where she built
a premier trusts, estates, and tax practice.
Having lived and worked in Sydney and
Vermont, Emily now resides in Auckland and
provides tailored consulting services for
lawyers, barristers, in-house counsel, law
firms, and barristers’ chambers focusing on
non-technical skills that correlate with
professional success; business development,
communication, delegation, self presentation,
leadership, team building/management,
and the like.
First published in NZ Lawyer
Situation Vacant
PART TIME LEGAL SECRETARY REQUIRED
Atticus Chambers is looking for an experienced Legal Secretary,
preferably with experience in Family Law to work each
Friday commencing mid January 2015.
Applicants are invited to submit their CV
together with supporting references to
[email protected]
by 15 December 2014.
Canterbury tales
Situations Vacant
Canterbury Westland
Branch/NZLS
Education
Programme
Proudly sponsored by
NZLS Continuing Legal Education (CLE
Limited)
To register and for other information
check the CLE website,
www.lawyerseducation.co.nz
Christchurch
February 2015
17 — CPD Top Up — In response to
practitioner demand. Designed for the
busy practitioner to “Top up” CPD. A oneday programme offering even hours faceto-face CPD with a bonus three hours
online CPD. An up-to-date overview of
current issues in your practice area.
March
3 — Webinar, Disclosure of Documents in
Civil Litigation.
4 — Webinar, Criminal Law — working with
intellectually disabled clients.
5 — Webinar, Sale and Purchase of
Apartments — what’s trending now?
11 — Dealing with Difficult People
Workshop.
17 — Trusts for Commercial and Company
Lawyers.
24 — Advocacy Ethics.
24 — Insolvency — Key Commercial
Developments.
25 — Webinar, Time Mastery for Lawyers.
Out of Christchurch
26-28 February — Stepping Up, Auckland.
Christchurch Branch
Seminar
3 December — The New Patents Act 2013
— “How may it affect your clients.” Watch
for flyer.
Social
Accommodation
Available for short-term or overnight stays,
well-equipped one bedroom apartment
on a back section Highfield, Timaru. Close
to town centre, kitchen/living room with
wifi, Sky TV. Fully serviced, meals available
on request.
Call Karen (03) 688-6275 or txt 027
2286030 for further information.
11
20 March 2015 — Law Dinner. Watch for
flyer.
Sports Day 2015 — February or March.
Date to be confirmed. Watch for flyer.
Work Wanted
LOCUM AVAILABLE
All inquiries to
[email protected]
or 0274760215.
2
12
Canterbury
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A fine southern man
Recently, a goodly number of the great and not so great of the Bench and
Bar (and Malcolm) gathered in the Camelot Room to celebrate with his
Honour Judge J.J.D. Strettell and his wife, Rose, his retirement from the
Bench.
Once the official pleasantries from Branch president, Colin Eason, were
over, Judge Strettell addressed the gathering with his remembrances,
usually very entertaining, of the years he has sat in Christchurch, principally
in the Family and Criminal jurisdictions.
He gave a heartfelt thanks to the Profession for our conduct throughout
the seismic disturbances (as well as Simon’s, Judith’s and the Dame’s)
making one feel as if he had truly understood the then vagaries of practice.
The respect that Judge Strettell has engendered over the years from us
was quite palpable from the wide range of counsel in attendance as can
be seen from the photographs accompanying these few words.
His calm and level manner, together with his left-field comments to counsel
(usually deserved) will leave rather a void so he will be welcomed back
on his temporary warrant. — Karen Feltham
Judge Strettell and his wife Rose.