LawNews - Issue 11

NEWS Apr 14, 2022 Issue 11

Inside ■ INCORPORATED SOCIETIES

Do you need to restructure?

P06

■ CASE NOTE

Another row over a family bach P09

Beyond the

adls.org.nz

BILLABLE HOUR

Contents 03 BILLING PRICING SUBSCRIPTION

Is value-pricing the way of the future for law firms? The first of a two-part series.

LawNews is an official publication of Auckland District Law Society Inc. (ADLS).

06 POLITICS CONSTITUTION DUTIES

The new Incorporated Societies Act will prompt some organisations to restructure

Editor: Jenni McManus Publisher: ADLS Editorial and contributor enquiries to: Jenni McManus 021 971 598 Jenni.Mcmanus@adls.org.nz Advertising enquiries to: Darrell Denney 021 936 858 Darrell.Denney@adls.org.nz

08 PROPERTY ACQUISITIONS FINANCING

10-11 FEATURED CPD

A week in the life of a lawyer: the final of a series

All mail to: ADLS, Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010 PO Box 58, Shortland Street DX CP24001, Auckland 1140, adls.org.nz

Just a reminder that LawNews won’t be published next Friday (22 April). We’ll be back in your inbox as usual first thing on Friday 29 April.

In the meantime, happy Easter! Enjoy the break.

LawNews is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLS, and available by subscription to non-members for $140 (plus GST) per year.

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Photo: GeorgePeters / Getty Images

CPD IN BRIEF

©COPYRIGHT and DISCLAIMER Material from this publication must not be reproduced in whole or part without permission. The views and opinions expressed in this publication are those of the authors and, unless stated, may not reflect the opinions or views of ADLS or its members.

Responsibility for such views and for the correctness of the information within their articles lies with the authors.

Cover: wenjin chen / Getty Images

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Apr 14 2022 Issue 11

LEGAL PROFESSION

Beyond the billable hour: new ways of pricing legal services

Photo: Imagezoo / Getty Images

Rod Vaughan

One of the major problems with the billable hour model is that it focuses lawyers on tasks, activities and inputs instead of what really matters to clients – outputs, outcomes and results

Traditionally, two things have remained constant in the lives of most lawyers: billable hours and working from an office. But covid has thrown a curve ball into the mix, forcing many to work from home and embrace new methods of billing clients.

Little wonder, then, that lawyers have been flocking to seminars about how to ditch the old billing model and embrace a more client-centred approach to pricing their services.

The sessions are run by legal consultants Simon Tupman and John Chisholm.

Chisholm, who describes himself as a ‘third-generation recovering lawyer’ and has been a partner, managing partner and CEO of Australian law firms, is regarded by some as the guru of law firm pricing in Australasia. He told LawNews that billable hours should be a thing of the past.

“No one went to law school to learn to be the best timerecorder. As a profession, we claim we recruit the best, the brightest, the most creative – and then make them account for every six minutes of their day.

“One of the major problems with the billable hour model is that it focuses lawyers on tasks, activities, and inputs instead of what really matters to clients – what should really matter to professionals who work in law firms – outputs, outcomes and results.”

Billing and pricing are two different things, he says.

“Billing takes place after the work has been performed.

Pricing takes place before the work is performed.”

Chisholm says there is now irrefutable anecdotal evidence that law firms which have abandoned billable hours not only have better work environments but are more viable and profitable.

Continued on page 04 03

Continued from page 03 Firms that have taken that step report other benefits such as: ■ substantially improved profit and cashflow; ■ reduction and often complete elimination of cost disputes with clients; ■ improved value creation for clients; ■ enhanced relationships of trust with clients; and ■ a more inclusive and collaborative internal culture.

New models Chisholm says he and Tupman are both big advocates of adopting value-based pricing and/or subscription-based models in law firms.

“Subscription models are the fastest-growing business model in the world now and they are increasingly being used in the law world, not just by online providers such as LegalZoom but also more and more by hitherto traditional firms.

“Both models are timeless and require firms to price their services up-front, based on the perceived value they are going to provide to their clients,” Chisholm says.

“To implement successfully, lawyers first need to have a value conversation with their client to understand what is important to them, what they value, what they want and, importantly, what they need.

“There are, however, important differences and considerations required for firms that wish to adopt a subscription model. A value-based model in the main still prices transactions with a client, whereas a subscription model prices the relationship with a client.”

Chisholm says in a value-based pricing environment firms need to scope the value and the work and, after agreeing on the scope, agree on the price.

“As mentioned previously, the price is based on outcomes, results, and outputs, all of which are important to clients, not retrospective fees based on inputs and activities or firms’ own costs, none of which are important to clients.

“If the scope changes, so might the price but you will always agree change of scope and change of price up-front.”

Chisholm says even before covid appeared on the scene many businesses around the world recognised there were better ways of operating without forcing their people to work longer hours.

“Back in 2003, two American entrepreneurs, Jody Thompson and Cali Ressler, created Results-Only Work Environment (ROWE) and co-authored two best-selling books on revolutionising the workplace and the practice of 04

management: Why Work Sucks and How to Fix It and Why Managing Sucks and How to Fix It. “In short, in a ROWE environment, employees can do whatever they want whenever they want, as long as the work gets done. Many businesses worldwide have instituted a results-only environment.”

Four-day week Not surprisingly, Chisholm is also a believer in the four-day working week being advocated worldwide by New Zealand innovators Andrew Barnes (the founder of Perpetual Guardian) and his partner Charlotte Lockhart.

The pair co-founded 4 Day Week Global, a not-for-profit community to provide a platform for those who are interested in supporting the idea of the four-day working week as a part of the future of work.

“They encourage business, employees, researchers, and government to all play their part in creating a new way of working which will improve business productivity, worker health outcomes, stronger families and communities, challenge the gender equality issue and work towards a more sustainable work environment,” Chisholm says.

So what’s stopping law firms from embracing this as well? The answer, according to Chisholm, is plain to see. “No surprises here. In short, it is our business model.”

Chisholm cites a comment by Matthew Burgess, ex BigLaw partner and now owner of specialist Australian estate planning firm View Legal, which never recorded or billed by time and long ago adopted a value-based pricing and subscription model: “With timesheets you think what is billable. Without timesheets you think what is valuable.”

“Wouldn’t you, your team, and your clients agree that thinking what is valuable as distinct from what is billable is a much better way to practise your craft?” Chisholm says.

“And, equally, wouldn’t you, your team and your clients agree that if you base your business model on outputs, outcomes, and results instead of inputs, activities and time spent, everyone would be better off?

“You can. The choice is yours.”

Some qualms Chisholm’s enthusiasm for new business models and fourday weeks may appeal to many lawyers but there were reservations among those spoken to by LawNews, especially about working from home and abandoning billable hours.

McElroys partner Kiri Harkess says the Delta lockdown

Continued on page 05

Simon Tupman

John Chisholm

Subscription models are the fastest-growing business model in the world now and they are increasingly being used in the law world

Apr 14 2022 Issue 11

Continued from page 04 demonstrated the disadvantages of long-term remote working.

“It is much harder to stay engaged, work collaboratively and give and receive mentoring,” she says. “The boundary between work and home life dissipates, especially in lockdown as that is all there is.

“I feel that junior lawyers and new recruits bear the burden of these disadvantages. It is hard to work from home in a shared home or apartment. They miss out on the incidental learning and collegiality that happens day to day in the office.

“They don’t have the same opportunities to observe what happens around them or, say, run up to court and appear in a list. All that they see of the firm or the profession generally is the direct work product that they are involved in,” she says.

She also has reservations about the four-day working week as a business model, particularly for traditional law firms which operate a billable hours system.

“I don’t see law firms moving away from that model any time soon, despite its imminent death being talked about since I was first admitted,” Harkess says.

“The reality is that lawyers work to fee budgets of, on average, six billable hours per day over a five-day week. To achieve the same targets in a four-day working week they would have to work considerably longer hours each day.

“Each billable unit carries with it non-billable time and work, so it is not as simple as adding on another 1.5 budget hours for each work day.”

That said, she thinks hybrid working is now the new normal.

“Our clients have adapted exceptionally well to hybrid delivery of legal services. Working with them is a pleasure, even if we don’t see them in person as much as before.

“Although I was initially concerned the restrictions would cause significant delays to civil proceedings, that has not been the case for most of the litigation our firm is involved with,” she says.

“Most practitioners, experts and mediators we work with are now comfortable with online meetings, mediations and hearings. Life goes on, just in a different direction.

“I do think hybrid working is here to stay and that is a good thing for lawyers and law firms. I hope the result is that as a profession we make our firms workplaces where our employees choose to be, not have to be.”

But working remotely doesn’t suit everyone, she says, and practising law is much more than producing work and recording units.

“The early part of your legal career should be a really fun and exciting time, learning how law works in real time, dealing with clients and other practitioners and building professional relationships.

“This can all still be done remotely, but it is not as effective.

I feel for graduates and new practitioners who have missed out on that over the last two years.”

Working from home suits experienced lawyers the most, she says.

“They know what work they need to do and how to do it. They are more likely to be in control of their workflow. They have established relationships with colleagues and clients, and it is far easier to maintain those relationships remotely than build them from scratch.”

Harkess says senior practitioners are also more likely to have a private and quiet area at home to work in and, particularly if they have dependents, there are real benefits to not having to commute and flexibility around work hours.

“They are leading the charge for hybrid working and in the current market are well placed to negotiate those terms. Legal employers will have to adapt to this, if they have not already.”

Harkess says she has taken a keen interest in the northern hemisphere experience where corporates and law firms have had much longer periods of remote working and greater prevalence of covid in the community.

“They had a similar trajectory: employees’ strong preferences to work from home; realisation from businesses that the sky was not falling; adaptation of a hybrid model; and a renewed appreciation of the office.

“Interestingly, women often reported they prefer working from home because they feel their performance is assessed on work product and not on things like sports chat, socialising after work and being seen to work late, where they may be at a disadvantage in white-collar workplaces.

“I didn’t experience this, but I wonder if other women lawyers in New Zealand have?”

Harkess says after the first lockdown McElroys encouraged people to come back into the office.

“We took it slowly and we were flexible around individual circumstances and perception of risk. At the beginning, it felt quite lonely in the office. It was hard for new recruits and junior lawyers.

“Many of our lawyers wanted to retain the benefits of working from home some days per week, which we supported with flexible working arrangements, but for most the novelty of working from home wore off over time. ■

Kiri Harkess

A value-based model in the main still prices transactions with a client, whereas a subscription model prices the relationship with a client

Next issue: how the four-day week and fixed-fee billing is working for some Kiwi law firms ■ 05

INCORPORATED SOCIETIES

Is the incorporated societies model right for your organisation?

With officers who are elected, the member-based approach of an incorporated society tends to become far more political than a charitable trust structure Steven Moe & Craig Fisher

■ should we be structured as we currently are? For

The Incorporated Societies Act was first passed in 1908. After a reform process kicked off in 2011 and many years of delays, a new and updated Act has finally received Royal Assent. Changes focus on improving the governance framework and modernising the provisions that apply to this form of entity.

With about 23,000 entities registered as incorporated societies with the Companies Office, and an estimated 9,000 of those being registered charities with Charities Services, many groups will be affected.

Because there must be a minimum of 15 members of an incorporated society under the 1908 Act, a lot of people should be interested in this change. And yet how many of us can relate to the occasional difficulty in securing a quorum for the AGM? As with any requirement to revisit the foundation constitution of an organisation, which this new legislation will require, we think this is an excellent time to ask some bigger questions of incorporated societies. Some such fundamental questions might include: ■ is there still a need for our organisation?

■ is a membership organisation the most appropriate structure?

■ should we merge or join another organisation to be more impactful? and

example, should we have branches?

When we purchase a car we think about what we will use it for – convertible, or off road? In the same way, the ‘legal vehicle’ we use to achieve our purpose may need updating from time to time. This is the perfect time for incorporated societies to ask themselves questions about their legal structure.

Many are also nearly as old as the 1908 Act. The world and how we do things has moved on. So, is the incorporated society in question still fit for purpose to carry on successfully and sustainably into the future?

With so many of these entities in existence, they clearly have a part to play, particularly for member-based groups like sports clubs. However, the requirements introduced by the new Act provide the chance for such organisations to revisit their structures. This is because the new legislation will require every incorporated society to re-register and update its constitution as well as ensuring its officers meet the requirements to hold their positions.

If a group is going through that process, then it might also be timely to ask the bigger question at the same time: is this structure best?

Operating in this area we have seen a trend in recent years of incorporated societies shifting to become charitable trusts.

With officers who are elected, the member-based approach of an incorporated society tends to become

far more political than a charitable trust structure. The president of an incorporated society might call to say there are rumblings of discontent from a small but vocal minority and they will let us know how the AGM goes. The next week a new voice might be on the end of the line, saying he or she was the new president and the direction of the incorporated society has drastically changed.

Elections can also be disputed, with a newlyelected set of officers unable to obtain the bank account information and logins from former officers who claim the election was not valid and they are, in fact, the ones still in charge.

While some incorporated societies are small, others have significant amounts in their accounts. Resolving such situations takes time, results in damaged relationships and is costly.

Crucially, this activity and the energy it demands also detracts from the actual core business that the incorporated society was established to deliver.

It will be appropriate for most incorporated societies to simply continue on with revised constitutions but for some a switch to a charitable trust structure may be better.

Charitable trusts often have a more stable governance board with less risk of politicisation or being taken over. If a group chose to go down this path, it could still keep its registered charity number and tax donee status, a fact that many are not aware of.

However, the new charitable trust that takes on the legacy of continuing the purpose of the incorporated society would be a new legal entity, meaning contracts, employees and insurance must be moved across before it is wound up.

Organisations are established to deliver on a specified purpose. Their choice of legal entity can have considerable impact on their effectiveness and efficiency at doing this. ■ Steven Moe is a partner at Parry Field Lawyers and Craig Fisher is a consultant with RSM and a member of the ADLS Council ■

EVIDENCE DUE? Perhaps I can help.

I’m looking to junior with a busy barrister or chambers. Click here to get in touch.

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Apr 14 2022 Issue 11

Briefs New judicial appointments Attorney-General David Parker has announced four new senior court appointments. Justice Stephen Kós – the President of the Court of Appeal – has been appointed to the Supreme Court, replacing Justice William Young who is retiring.

Justice Mark Cooper will be the new President of the Court of Appeal and Justice Sarah Katz has been appointed to the Court of Appeal.

Chief Justice Dame Helen Winkelmann said the appointments reflected the expertise and excellence of the three judges.

In a fourth appointment, Justice Kiri Tahana has been appointed to the High Court. Chief Justice Winkelmann said Justice Tahana had knowledge in diverse areas of the law and business gained during her 25 years in practice.

“Justice Tahana has extensive domestic and international experience in commercial, corporate (including regulatory and competition) law and litigation, along with considerable expertise in advising on matters relating to te Tiriti o Waitangi. She speaks te reo and has a sound knowledge of tikanga in practice.”

New SCOTUS appointment The US senate has approved the appointment of the first black woman to sit on the US Supreme Court. Judge Ketanji Brown Jackson will replace Justice Stephen Breyer who is retiring later this year.

Only three Republicans joined the Democrats in confirming Justice Jackson, with one hard-right Republican senator, Lindsay Graham, commenting that had his party controlled the senate, the judge would not even have been nominated.

Empty streets New York mayor Eric Adams and governor Kathy Hochul have sounded the alarm about the economic consequences for Manhattan if the city’s office workers continue to work remotely. The pair told The New York Times that the city needed its approximately 1.3 million workers to return to their desks.

A group of economists, including those from Stanford and the University of Chicago, has predicted that office workers’ annual spending near their workplaces is set to drop from US$13,700 a year to US$6,730. The paper also cites threats to the city’s real estatereliant tax base which is used to fund the police, schools and parks.

Global consultancy PwC, which is headquartered in New York City, is among the latest firms to tell 40,000 of its American staff that they can work remotely forever if they want. ■

New horizons!

We are pleased to announce the opening of Artemis’ Wellington office. Based in Wellington CBD, this office will service Artemis clients in the Wellington and South Island regions.

We look forward to further developing our relationships within these business communities and are excited to be able to offer our clients on-the-spot service, bringing award-winning specialist recruitment services in legal, HR and executive placements.

We are also delighted to introduce Jane Wellik to you as the newly appointed Managing Consultant for that branch. Recognised as a specialist talent acquisition and strategic planning thought leader, Jane is an experienced and accomplished HR and legal recruitment specialist who brings extensive networks, know-how and expertise.

We warmly welcome her to the Artemis team.

Jane can be contacted at jane.wellik@artemisnz.com or 027 349 6352.

We are grateful for the wonderful support of our clients and candidates, suppliers and industry colleagues, all of whom have made this next step in the Artemis journey possible.

Ko te pae tawhiti, whaia kia tata Ko te pae tata, whakamaua kia tina Seek out new horizons, and cherish those you attain

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LEGAL PROFESSION: THE FINAL OF A SERIES

A week in the life of a property and private client lawyer Tasha Downs An advantage of working within a smaller firm is the range of work to which you are exposed. Client requirements do not always fit neatly within legal work types and often involve a cross-section of legal issues.

Some areas may include property sales and purchases and finance transactions, acting for borrowers. The files I work on typically involve business sales and purchases, property sales and purchases, property development, commercial leases, trusts, assets and succession planning.

While some property and private client lawyers specialise in certain areas, it is common to work on matters that cross over.

For instance, acting on a business asset acquisition is likely to involve the purchase transaction itself, along with the financing, assignment of leases and the purchaser’s ownership structures, which may involve trusts.

■ I receive an email from a client approving a renewal of lease and the further terms we previously provided to them. I update my supervising partner, make a final copy together with instructions on execution of the lease and fire it to him.

Wednesday ■ This morning I have been tasked with undertaking research Tasha Downs

into an aspect of the Serious Fraud Office Act for a client.

Following my email report, I discuss the same with my supervising partner.

■ I am called into a meeting to discuss a client’s requirements for their will. After the meeting I review my notes, make a file note in the file management system, search the legal title for the property and undertake research into the Family Protection Act.

Thursday ■ My supervising partner checks in, and I provide him with an

Here is a normal week for me:

Monday ■ I meet with my supervising partner and we discuss ongoing and new tasks. Normally this will take 10 to 15 minutes.

■ I am tasked with drafting various resolutions and consents relating to the share sale and a guarantee that has been agreed to be granted. This is urgent and after further discussion I send drafts through to my supervising partner.

■ I then review a standard agreement for the sale of a property and the legal title for the property. Once I have completed my review, I discuss my conclusions with my supervising partner and I then prepare a report for the client.

■ In the afternoon I attend to emails and continue working on a settlement checklist for a business sale due to settle on Friday. I ensure we have all the requirements on the checklist, including the specific requirements of the agreement for sale and purchase to be provided and received by us on settlement day.

update on each task. When covid-19 is an issue, our firm works with split teams so not all team members are in the office at the same time. Like most firms, we have had to adapt to working together while working from home.

■ I finish drafting a will for the client and check my notes and correspondence to ensure it reflects their instructions and requirements. I then email the client, including comments on ownership of the property, certain sections of the FPA and enduring powers of attorney.

■ For the asset sale, I send a reminder to the client requesting copies of documents they need to return to us before and immediately after settlement, check in with the purchaser’s solicitor and conduct fresh searches on the relevant registers.

Further priorities arise for the sale (not unexpected or unusual) which put a spring in my step! I work through each, some by myself and some with my supervising partner.

Friday ■ Today I focus on the settlement of business asset sale. Thanks

Tuesday ■ I spend the morning and early afternoon working on ongoing and new tasks. This includes assisting my supervising partner to provide advice on the set-up of a new finance company which operates in a specialist area.

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to everyone involved, we work through all stages necessary to complete settlement. Following settlement, I work on the report to the client while the transaction is fresh in my mind.

Tasha Downs is a solicitor at Baker Meech with three years’ PQE ■

Apr 14 2022 Issue 11

CASE NOTE

Another family fight over a Marlborough Sounds bach Sacha Jugum Appeal against refusal of claim of institutional constructive trust – extent of development of family land – applicable principles – procedure – contribution – “more than minor” – “reasonable expectation” – weighing of evidence – credibility – precedent – appeal dismissed

Parkins v Parkins [2022] NZHC 606 (Gendall J) Morris Parkins purchased a block of land in the Marlborough Sounds and spent considerable time and effort working on the property over the years, continuing to improve the property and maintain it.

Parkins and his wife Rosalie were assisted in different ways over the years by their three adult sons, Grant, Steven and Reece, and they also assisted their sons, in turn.

When Rosalie Parkins died, she left her estate to Morris and when he died some years later, he left what was effectively their joint estate, equally to their three adult sons. Grant Parkins claimed he had put more effort, time and money into the Marlborough Sounds property, and claimed an institutional constructive trust over the property.

None of the three sons sought to disturb Morris Parkins’ will.

Grant’s claim was unsuccessful, with the court noting that although he had certainly assisted his parents, they had also assisted him in significant ways and also noting the various contributions of Grant’s

two brothers.

Grant Parkins appealed against this ruling, and this decision determines that appeal – applicable principles – whether Morris Parkins would have reasonably expected to yield more of the property to Grant – reference to Morris Parkins’ will and his equal bequest to his three sons – weighing of evidence and family history matters, where, by agreement, all three brothers had been equally sharing the expenses on the property since their father’s death [and so, Grant was paying only one-third of the expenses but was claiming a greater percentage of the property] – discussion of factual findings made at the original hearing and the credibility and perspectives of witnesses – extensive consideration of the principles of constructive trust, with specific reference to Lankow v Rose and assessment of whether Grant Parkins’ contribution was more than minor – all three brothers had tradesmen/practical-type talents and interests, and so each was ideally placed to assist Morris Parkins in his endeavours on the property – comparative assessment of the contribution by each brother, and a connected assessment of the help given by Morris and Rosalie Parkins to Grant, in particular – reference to precedent Held: Grant Parkins’ appeal is dismissed [no constructive trust is found]. ■ Sacha Jugum is a lawyer at Brookfields and editor of The Bulletin ■

NOW PUBLISHED

Adams on Criminal Law 2022 Student Edition Authors Simon France, Debra Wilson Adams on Criminal Law has been New Zealand’s most trusted criminal law reference for more than 50 years.

In an easy-to-follow format, this new edition includes the text of the Crimes Act 1961 and Criminal Procedure Act 2011, supported by extensive, indexed and practical commentary on key sections.

This is supplemented by comprehensive tables of cases, statutes and regulations.

The content is derived from Adams on Criminal Law, with the

selection of sections made by Associate Professor Debra Wilson under the guidance of Justice Simon France. The 2021 edition is generally current to 1 December 2021.

Price for ADLS members $91.80 plus GST* Price $102 plus GST* To purchase this book please visit https://adls.org.nz or contact the ADLS bookstore by phone: 09 306 5740 or email: thestore@adls.org.nz * + Postage and packaging

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FEATURED CPD

Cradle to Grave™ Conference 2022 PROPERTY TRUSTS FAMILY

In Person (Auckland venue only) | Livestream 7 CPD hrs Thursday 5 May 8.45am – 5.05pm Presenters Anthony Grant; Nicola Peart; Vicki Ammundsen; Luke Dixon; Henry Brandts-Giesen; Jeremy Bell-Connell; Brian Carter; Greg Kelly; Chris Kelly; James Cochrane; Kesia Denhardt; Jeff Kenny; Katrina Wood and Denham Martin

Youth advocates conference 2022 YOUTH JUSTICE PRACTICAL

For lawyers working at the interface between trust, property and family law, our annual Cradle to Grave™ Conference is back.

With a great range of pertinent and interesting topics presented by leading lawyers, it promises to be another outstanding event.

Chair Bill Patterson, managing partner, Patterson Hopkins

IN PERSON

In Person | Livesteam 4 CPD hrs Friday 13 May 10am – 2.30pm Presenters Judge Sharon Otene; Sergeant Darrell Cooper; Vanessa Curac; Gary Earley; Sally Kedge; Sarah Mandeno; Lila Tu’i and Maggie Winterstein

IN PERSON

LIVESTREAM

This year’s youth advocates half-day conference will provide practically focused sessions on a range of pertinent topics presented by youth justice professionals.

It will focus on arrests, disclosure advice and plea issues, communication issues, 17-year-old alleged Schedule 1A offenders, and crossover and “pushback”.

Presenter & Chair Judge Tony FitzGerald

LIVESTREAM

Personal effectiveness online workshop (May) PERFORMANCE SKILLS DEVELOPMENT

Online Workshop 4 CPD hrs Thursday 19 May 9am – 1.15pm Presenter Tony Gardner, managing director, Archetype Leadership + Teams

Reflecting on your goals for this year? Are you performing at your peak?

Coming to grips with how to be effective working virtually?

Due to popular demand, this workshop is being repeated in May. Facilitated by a leading high-performance consultant, it will provide a range of personal effectiveness insights and tools to help increase your productivity and returnon-effort at work.

Limited spaces available.

FIND OUT MORE 10

Apr 14 2022 Issue 11

adls.org.nz/cpd

Harm and revenge in the digital space

Webinar 1.5 CPD hrs Monday 30 May 1pm – 2.30pm Presenter David Harvey, retired District Court Judge Chair and commentator Arran Hunt, partner, Stace Hammond

cpd@adls.org.nz

09 303 5278

An update on the Harmful Digital Communications Act, this webinar will be a useful and timely refresher. It will cover principles, offences, case law and enforcement and be helpful to those practising in civil, criminal and family law, or with an interest in the interface between technology and the law.

OFFENCES CASES ENFORCEMENT

FIND OUT MORE

Class and funded litigation LITIGATION PROFESSIONAL OBLIGATIONS

Livestream 2 CPD hrs Tuesday 31 May 4pm – 6.15pm Presenters Paul Collins; Philip Skelton QC; Angela Parlane and Jonathan Woodhams

The rapid growth in class and funded litigation has exposed a range of professional responsibility issues and challenges not encountered in regular litigation. The Conduct and Client Care Rules do not always fit neatly with the sort of professional challenges lawyers face. This seminar is intended to help lawyers navigate this potentially perilous field, identifying and avoiding professional issues before they become a problem.

IN PERSON

The deportation process

In Person | Livestream 2 CPD hrs Wednesday 15 June 4pm – 6.15pm Presenters Richard Small; Deborah Manning; Bernard Maritz and Terri Thompson

LIVESTREAM

A practical guide for lawyers. While most deportations have been on hold, they will be resuming as the border reopens. So it is time to refresh your knowledge in this area.

In this seminar, you will receive practical guidance and valuable insights into the deportation process from the perspectives of counsel, INZ Compliance and MBIE Legal.

Chair Stewart Dalley, partner, D&S Law

PRACTICAL GUIDANCE PROCESS

IN PERSON

LIVESTREAM 11

CPD IN BRIEF

Lessons from Lyttle

Webinar 1.5 CPD hrs Tuesday 7 June 4.30pm – 6pm Presenter Christopher Stevenson, barrister, Stout Street Chambers

When did you last make a costs application in a criminal case? Based on the recent Court of Appeal judgment in R v Lyttle [2022] NZCA 52, this webinar will look at the prosecutorial failings in that case and the learnings for any party involved in criminal and regulatory prosecutions.

Chair and commentator Julie-Anne Kincade QC, Blackstone Chambers

FIND OUT MORE

Developments in consumer law

Not just another trusts webinar

Livestream | In Person 2 CPD hrs Thursday 23 June 4pm – 6.15pm Presenters Brigette Shone, special counsel, Russell McVeagh and Charlotte Fleetwood-Smith, consumer law specialist, Russell McVeagh

Are your clients prepared for significant changes in this area of law?

Consumer law has been a moving feast of legislative and case law developments in the past 12 months. Significant changes to the Fair Trading Act come into force on 16 August 2022 with the unfair contract terms regime extending to business-to-business or “small trade” contracts and a new statutory unconscionable conduct regime being introduced.

Webinar 1 CPD hrs Thursday 7 July 12pm – 1pm Presenter Tammy McLeod, director, Davenports Law Limited

Your client may want a trust, but is that the best option for succession planning? This webinar will look at when a trust should and should not be used, and what alternatives might be better suited to the client’s circumstances.

IN PERSON

LIVESTREAM

FIND OUT MORE

Choosing a business structure

Livestream 2 CPD hrs Tuesday 9 August 4pm – 6pm Presenters Greer Fredricson, special counsel, Chapman Tripp and Robert Grignon, senior legal advisor, Chapman Tripp Chair Andrew Lewis, principal, Andrew Lewis Law

This seminar will cover key legal and tax considerations. It will interest commercial lawyers at entry level and above, along with general practitioners.

Accountants, tax consultants, business advisors and company directors may also benefit from attending.

FIND OUT MORE

Hoops, Hooks and Hurdles for Trustees: New Reporting Requirements for Domestic Trusts Wednesday 25 May | Webinar | 1.5 CPD hours Visit adls.org.nz for more information.

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Apr 14 2022 Issue 11

WILL INQUIRIES

Please refer to deeds clerk. Please check your records and advise ADLS if you hold a will or testamentary disposition for any of the following people. If you do not reply within three weeks it will be assumed you do not hold or have never held such a document.

LawNews: The no-hassle way to source missing wills for $80.50 (GST Included) reception@adls.org.nz DX CP24001, Auckland 1140

ADLS, PO Box 58, Shortland Street, Fax: (09) 309 3726

(09) 303 5270

RCCC Reporting due 31 March 2022 are you ready?

The new conduct and client care rules (RCCC) governing the behaviour of lawyers around bullying and harassment and health and safety management require compliance reporting by 31 March 2022.

Compliance requires lawyers (including sole practitioners and barristers) to: 1. Implement policies and definitions to negate the occurrence of bullying, discrimination, harassment or violence.

2. Nominate a lawyer to certify (annually) you have: a. Complied with mandatory reporting obligations; b. Procedures addressing the above; and c. Complied with Health and Safety at Work Act 2015 obligations.

Need Help with this? See our fixed prices: 1. Review your health and safety plan for compliance with RCCC – $1,500.

2. Health and Safety Management Plan and Risk Register template (NB: our risks aren’t just “paper cuts”) – $2,500.

3. One-hour training on best practice – $1,000.

• Late of 14/10 Shelly Beach Road, St Mary’s Bay, Auckland • Company Director • Aged 74 / Died 19’02’22 POTTER Yvonne Hilda • Late of 323 Port Road, Whangamata • Married • Retired • Aged 78 / Died 16’02’22

SAVAGE Charlotte Harete Totaea Temoa Haimona Hohua • Late of Papakura, Auckland • Aged 73 / Died 10’09’15

4. Mental Health and Wellbeing Toolkit – $1,500: a. Risk Assessment Template and Guidance for Psychosocial Hazards; b. Mental Health and Wellbeing Policy, covering stress management, fatigue and controls to mitigate these; and c. Anti-Bullying, Harassment and Discrimination Policy, with definitions in accordance with RCCC. For more information Email: admin@copelandashcroft.co.nz (All prices excl GST)

TAI Toetu Lave (aka TAI, Lave Toetu / aka TAIMALIETANE, Tuala Toetu Lave) • Late of 117 Western Springs Road, Mt Albert, Auckland • Pensioner • Aged 87 / Died 24’07’20

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Cradle to Grave™ Conference 2022 Thursday 5 May, 8.45am - 5.05pm In Person (Auckland venue) | Live Stream For those lawyers working at the interface between trust, property and family law, our annual Cradle to Grave™ Conference is coming soon.

Early bird offer ends 20 April

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz/cpd

Youth Advocates Conference 2022 Friday 13 May | 10.00am - 2.30pm Live Stream | In Person This year’s Youth Advocates Half-Day Conference will provide practically focused sessions on a range of pertinent topics presented by youth justice professionals.

T 09 303 5278

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E cpd@adls.org.nz

W adls.org.nz/cpd