NZ Lawyer's Most Influential Lawyers 2021

SPECIAL REPORT

Most Influential

LAWYERS 2021

NZ Lawyer celebrates a diverse group of 34 lawyers who have set the standard for the legal industry in a variety of fields

CONTENTS

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Feature article .............................................. 2 Methodology ................................................ 3 Most Influential Lawyers 2021 ................... 5 Profiles .......................................................... 6

SPECIAL REPORT

MOST INFLUENTIAL LAWYERS 2021

ON THE FRONT LINE OF CHANGE IN A YEAR filled with uncertainty, the legal profession had to make significant adjustments. While some areas of law saw rising activity due to the onset of the COVID-19 pandemic, others struggled. In the face of lockdowns, firms and organisations also suddenly needed to change the way they operated, which impacted lawyers in different ways.

Some lawyers grappled with balancing work and home life once both were so intertwined. Others battled the effects of isolation on their wellbeing. COVID-19 also created novel challenges for practitioners in tackling their work.

Nonetheless, not all changes were bad – law firms and businesses found themselves accelerating the transition to flexible work arrangements and welcoming the inclusion of tech in their operations more readily in response to restrictions. Organisations were

also forced to innovate in terms of service delivery to clients, especially as court proceedings went virtual. Lawyers also stepped up their commitment to vital initiatives like diversity and inclusion and climate change.

The importance of work-life balance According to DLA Piper partners Laura Scampion and Reuben Woods, two of this year’s Most Influential Lawyers, one aspect of lawyers’ lives that took a real hit from the COVID-19 pandemic was wellbeing.

“Our people lost their work-life separation during the lockdowns, so we had to reset and adjust priorities quickly,” Scampion says.

Woods adds that creating boundaries between work and personal life became difficult as clients amped up communications beyond regular work hours.

“I have noticed a significant uptick in clients’ willingness to call and book in meet-

WHERE THE MOST INFLUENTIAL LAWYERS PRACTISE

In-house lawyers

Private practitioners

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“I have noticed a significant uptick in clients’ willingness to call and book in meetings at all hours of the morning, evening and weekend” Reuben Woods, DLA Piper

ings at all hours of the morning, evening and weekend,” he says. “With so many of them working from home around the world, they are struggling to delineate between work and life hours, and that has a flow-on effect.”

Thus, the establishment of support systems to help lawyers create these boundaries became vital.

“During the pandemic, our firm introduced a number of measures across the globe to assist our people,” Scampion says. “These ranged from an online hub with advice and support to offering sabbaticals and flexible working schemes.”

Going forward, Woods says it will be key to sustain the positives of flexible work arrangements without allowing the circumstances of working remotely to take over lawyers’ private lives.

“We need to lock in the gains made in

terms of flexible working, which will make life much easier for a lot of lawyers juggling all of the other aspects of their life,” he says.

“We need to continue providing excellent client service but not feel bad about turning off our laptops and phones and being fully present at home.”

Mark Boddington, group legal services manager at Scientific Software and Systems and another of this year’s Most Influential Lawyers, echoes the need for support targeted towards those working remotely.

“Keeping employees’ wellbeing front and centre when making decisions about how we work is very important,” Boddington says.

“Permitting remote working and developing a greater acceptance of flexible working arrangements are positive steps, but they need to be supported by appropriate policies and strategies for dealing with any issues that may arise.”

continuity and their willingness to make use of applications like Google Meet and Zoom,” he says.

During the pandemic, Boddington has noticed companies reflecting on how they do business, “considering their values and what is important to them”. Businesses are also “planning how to stay competitive beyond the pandemic”, he says.

As a result, in-house counsel has been exposed to a wider range of issues, Boddington says. As in-house lawyers build on their knowledge, their value to a business is bolstered; this, in turn, could heighten demand as companies increasingly see the benefits of cultivating in-house legal teams.

“Being adaptable and flexible are useful traits during periods of uncertainty,” Boddington explains. “If we want to benefit from new ways of doing things and avoid disruption in the future, we need to think

“If we want to benefit from new ways of doing things and avoid disruption in the future, we need to think more about the nature of change and how we manage it” Mark Boddington, Scientific Software and Systems

METHODOLOGY In March, NZ Lawyer’s research team put out a call for nominations for the Most Influential Lawyers across five categories: • Change-makers – lawyers who have been leaders, innovators or catalysts for positive change in any area of the profession • Business • Government, non-profits and associations • Human rights, advocacy and criminal law • Young influencers – lawyers born in or after 1980 All nominees were asked to provide specific examples of their accomplishments and contributions to the legal profession. It is not a requirement to hold a formal law qualification to be included in this list.

The research team reviewed the nominations, evaluating them based on the overall impact of each nominee’s contributions. The 34 lawyers who made the final list were those who delivered specific outcomes in support of their peers and the industry.

53% Ready for change The shift to remote work was a critical one for the legal profession as a whole. However, for many in-house lawyers, flexible work arrangements had already been in place for a while, which cushioned the impact of the change.

Boddington believes the difficulty of such a transition lies in an organisation’s level of preparedness.

“Whether remote working has been a challenge for in-house lawyers during the pandemic is largely dependent on their employer’s preparedness in terms of business

more about the nature of change and how we manage it. We need to be willing to change how we do things rather than just react to events as they unfold.”

Scampion believes the changes introduced to the profession during COVID-19 also need to drive wider-reaching developments.

“Law firms need to become more valuesdriven businesses for a range of reasons, and the challenges presented during the pandemic highlighted this,” she says.

“Changes made during COVID-19 need to lead on to wider change where firms become more responsible businesses, collaborating

of the winners hail from Auckland

59% of the winners are women

1 of the winners just joined the bar in 2018

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SPECIAL REPORT

MOST INFLUENTIAL LAWYERS 2021

THE MOST INFLUENTIAL LAWYERS BY CATEGORY Change-makers

14 Government, non-profits and associations

4 Human rights, advocacy and criminal law

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Moving forward through innovation

Business

3 Young influencers

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“Law firms should not be the domain of the privileged. People from any background in New Zealand should have the opportunity to work in a law firm” Laura Scampion, DLA Piper

with clients, communities and suppliers to promote inclusion and belonging, as well as embedding a culture of sustainability and accountability.”

Scampion points to social mobility and contextual recruitment as areas the legal profession should focus on.

“Law firms should not be the domain of the privileged,” she says. “People from any background in New Zealand should have the opportunity to work in a law firm, be it as a lawyer or business professional.”

Scampion adds that not allowing budg-

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“There has also been a lot of talk about the K-shaped recovery, with the adverse impacts of the pandemic disproportionately impacting some parts of the community, while other people’s businesses and financial positions have bounced back and thrived,” he says. “This inevitably hits the lower socioeconomic and minority communities much harder than others. The law profession is, and can increasingly be, an active participant and force on matters relating to environmental, social and corporate governance.”

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etary or financial concerns to deprioritise diversity and inclusion programs, wellbeing, and pro bono work could help the legal profession sustain its adaptability and flexibility post-COVID-19.

“Being a responsible business is no longer an option for law firms; it’s an obligation,” she says.

Woods agrees that the legal profession needs to focus on social mobility and recruiting with diversity in mind, given the pandemic’s varied effects on different parts of the community.

Woods also believes law firms need to embrace the confidence “derived from having survived and thrived” through the challenges of the past year, using it to “shake the legal profession out of its slumber and become more innovative and entrepreneurial”.

“Where advancing in the market will depend almost entirely on a firm’s ability to innovate, the larger firms will need to deliver solutions beyond traditional legal services to help clients succeed in the modern business environment,” Scampion says. “Integrating best-in-class technology with legal advice will be key. Our clients are innovating quickly; if firms don’t match their pace, they will become irrelevant.”

Boddington agrees that the use of technology is key to innovative service delivery.

“Technology adoption will accelerate,” he says. “This will lead to new business models for the delivery of legal services, especially in areas such as compliance.”

COVID-19 has drastically altered the way the legal profession operates, and in the process, certain lawyers have risen to the occasion. And it’s not just experienced veterans setting the bar for the profession – many young lawyers are also making their mark as positive influences on the industry.

NZ Lawyer’s inaugural Most Influential Lawyers list celebrates 34 lawyers who are transforming the New Zealand legal community for the better.

Most Influential LAWYERS 2021

CHANGE-MAKERS

BUSINESS

Jacque Lethbridge Partner Martelli McKegg

Paul Sills Mediator and barrister Self-employed – independent mediator

Phone: 09 379 7333 Email: info@martellimckegg.co.nz Website: martellimckegg.co.nz

Phone: +44 7484 893616 (UK) +64 21 880 007 (NZ) Email: paul.sills@paulsills.co.nz Website: paulsills.co.nz

Jon Calder CEO Tompkins Wake Phone: 07 839 4771 Email: tomwake@tompkinswake.co.nz Website: tompkinswake.co.nz Anna Buchly Chair Bell Gully Allison Arthur-Young Board chair and partner Russell McVeagh Grant Pritchard Legal business partner, mental health advocate Spark New Zealand Henry Stokes General counsel Perpetual Guardian

GOVERNMENT, NON-PROFITS AND ASSOCIATIONS

Jeremy Sutton Barrister Jeremy Sutton Barrister Laura Scampion Partner DLA Piper Louise Taylor Special counsel Russell McVeagh Mai Chen Managing partner Chen Palmer

Reuben Woods Partner DLA Piper

YOUNG INFLUENCERS Angela Harford Partner Bell Gully Brent Norling Director Norling Law

Shan Wilson Pro bono partner Simpson Grierson

Hayley Cassidy Chief general counsel Bank of New Zealand

Theresa Donnelly Legal services manager Perpetual Guardian

HUMAN RIGHTS, ADVOCACY AND CRIMINAL LAW Julie-Anne Kincade Criminal barrister Blackstone Chambers

Ann Brennan Chief legal advisor, GM legal, ethics and privacy Ministry of Business, Innovation and Employment

Marie Dyhrberg Owner Marie Dyhrberg Barrister

Nick Kynoch General counsel Generate KiwiSaver

Julian Benefield Associate general counsel and company secretary Foodstuffs North Island

Mark Boddington Group legal services manager Scientific Software and Systems

Prudence Steven QC Barrister Canterbury Chambers/Environment Court Judge and District Court Judge

Cassie Nicholson Deputy chief parliamentary counsel Parliamentary Counsel Office

Andrew Cordner Director of legal Fonterra Co-operative Group

Rez Gardi Co-founder University of Auckland Centre for Asia Pacific Refugee Studies Tupe Solomon-Tanoa’i Chief philanthropic officer Michael and Suzanne Borrin Foundation

Jono Willis General counsel Lion New Zealand and Little World Beverages Leah Taylor Privacy specialist Zespri International Maria Sopoaga Solicitor MinterEllisonRuddWatts Nicola Swan Partner Chapman Tripp Rachel Dunne Partner Chapman Tripp Wook Jin Lee Partner Dentons Kensington Swan

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SPECIAL REPORT

MOST INFLUENTIAL LAWYERS 2021

PAUL SILLS INDEPENDENT MEDIATOR/ARBITRATOR/BARRISTER

I

ndependent mediator Paul Sills made a decision to concentrate on what he calls the “art and science” of mediation, and the path he has walked for more than 12 years has led him to be recognised as one of New Zealand’s Most Influential Lawyers.

The honour, he says, “suggests that I am on the right track and points me towards my goal of providing conflict resolution on an international scale”.

“The early resolution of disputes is, I believe, an area which offers huge advantages to all parties involved. The suggestion that I have an influence in this area is energising,” Sills says.

As a student of mediation as a method of dispute resolution, Sills has explored both traditional one-day mediations and early conflict resolution through negotiations facilitated before any proceedings are set. As a teacher, his goals are to identify the potential flaws in current processes and promote ways of applying mediation and facilitated negotiations to all areas of conflict.

“The use of mediation as a conflict resolution tool will not develop as far as it can and should if we view it as a legal discipline or

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anything akin to that. It is not; it is the most multidisciplinary space that I can think of to work in, and that is a huge part of its attraction,” Sills explains.

He illustrates the way mediation links to fields like psychology and neuroscience.

Mediators must look into and manage their own biases, not only those of parties and their advisers, Sills adds.

“Mediators are not psychologists, but we need to understand the psychology of humans in conflict. We are not neuroscientists, but the neuroscience of conflict is a fascinating and rapidly developing field about which we need to keep abreast,” Sills says. “We are not Daniel Kahneman nor Amos Tversky [Thinking, Fast and Slow], but we need to understand and recognise cognitive biases.”

He indicates that over recent years the government has refined its understanding of mediation’s benefits, birthing legislation like The Farm Debt Mediation Act 2019 and the Trust Act 2019’s new ADR provisions. Mediation services are also increasingly being brought in line with traditional Tikanga-Māori practices, such as through the Te Ture Whenua Māori (Succession,

Dispute Resolution, and Related Matters) Amendment Act 2020.

“We are getting better at designing dispute resolution processes that can be tailored to meet the specific needs of either certain facets of our community or to address new issues that arise. No longer are we looking at one-size-fits-all conflict resolution processes, which is a very progressive and very encouraging sign,” Sills says.

He sees online dispute resolution initiatives as an important step forward in driving dispute resolution, but emphasises the value of face-to-face mediation, especially for matters on the higher end of the market, like major multinationals and large claims.

“As our lives become more and more complex and the pressures upon humanity continue to rise, it is clear that we are going see a significant increase in conflict,” Sills says. “Conflict per se is not the issue. Great things can come from the pressure brought about by conflict. It is how we choose to deal with that conflict that will define us. Being active and creative in this space by expanding our use of mediation and facilitated negotiations globally is crucial.”

JACQUE LETHBRIDGE Head of litigation

Martelli McKegg

J

acque Lethbridge, a leading litigation lawyer recognised for her restructuring and insolvency services in the Doyle’s Guide for New Zealand, joined Martelli McKegg in 2019 from previous roles as the first female partner in two leading New Zealand law firms.

Lethbridge is a hard-working and delivery-focused legal leader whose influence and contributions extend outside her commercial litigation practice. She is vice president of the New Zealand Law Society (NZLS) board, representing Auckland, which accounts for nearly half of all lawyers in New Zealand. She is also an appointed member of the Ministry of Justice Selection Committee, which considers and approves lawyers undertaking legal aid work, and recently completed nearly a decade of service as chairperson of the Auckland Community Law Centre board, which was recognised in the 2018 Women on Boards Awards as Governance Organisation of the Year.

Lethbridge actively promotes diversity and female representation within the law profession. She was the first female appointed to the Restructuring Insolvency & Turnaround Association New Zealand and was co-founding chair of national interest group Women in Restructuring and Insolvency.

Lethbridge’s voluntary work includes serving as a contributing specialist at not-for-profit WeAreManaaki, which offers pro bono advice to SMEs and handles pro bono cases for deserving clients. She also shares her time and expertise as part of the New Zealand Law Society’s Litigation Skills Faculty and the College of Law.

JON CALDER CEO

Tompkins Wake

J

on Calder is an experienced leader with a track record of growing brands and improving sustainable performance. The change leader joined Tompkins Wake in 2016, bringing with him extensive leadership experience, business acumen and a passion for designing strategy and building organisation-wide capability.

As CEO of the Hamilton-headquartered firm, Calder leads 130 staff, including 24 partners and more than 80 lawyers, and continues to build on the strong Tompkins Wake culture to ensure all staff are safe, have a voice and are supported with any challenge they face.

Calder led Tompkins Wake through its growth to become a leading New Zealand law firm. His authentic-style leadership saw the firm win Mid-Size Law Firm of the Year at the New Zealand Law Awards in 2019 and 2020. It also won the Employer of Choice (51 to 100 Lawyers) award in 2020, and its legal technology and automation platform, AdviSME, received the NZ Lawyer Innovative Law Firms award in 2019 and 2020.

Calder himself was named Chief Executive of the Year at the Westpac Waikato Business Awards in 2018 and was also recognised as Managing Partner (Chief Executive) of the Year (<100 Lawyers) at the 2019 and 2020 New Zealand Law Awards.

Prior to joining Tompkins Wake, Calder held senior leadership roles at some of New Zealand’s most iconic organisations, including Air New Zealand and Infratil.

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Most Influential

LAWYERS 2021

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