The rule of law has been seen in action in dramatic fashion of late. America has not broken down, has not seen democracy fail but rather the resilience of well tried and tested governing protocols and procedures has prevailed. Lawyers have been described in philosophy texts as the social workers of society. Part of their role is to ensure the … Read More
Conflict of Interest – Client with the Firm
Conflict of interest is a dangerous game for lawyers. Some have systems to identify this possible issue before instructions are even accepted. Others rely on ad hoc methods that may or may not be effective. One area that is not commonly addressed is conflict between the firms interest and the clients. That most often arises in complex matters and typically … Read More
What value a written constitution?
Constitutional change afoot? Comments that NZ needs a four-year term for its governments have been appearing in the media since the last election. Curious that our PM is making this suggestion when it was not promoted as Labour Party policy during the election. No doubt it will be subject to debate, perhaps along with other constitutional changes. The discussion on … Read More
Costly Cross-Leases
Have you wasted money on fixing up a cross-lease? Probably if you have responded to that question. A test case on cross-leases is needed. Millions of dollars may have been wasted on these legal titles. This may be the case as the fundamental reason for one specific aspect of cross-leases has been long forgotten. That is the reason an equal … Read More
Objection! Over-ruled!
TV law, nothing like the real thing. Court protocol in New Zealand is far from what is portrayed in films and drama’s. It is an elegant process, full of nuances and customs. At its heart though the fate of those charged, suing or being sued, is played out. The New Zealand system of appointing judges is far from perfect but … Read More
The quiet revolution is under way
The quiet revolution is under way, namely our elections. Typically, orderly, non-violent and conducted with integrity our three yearly cycle is something to celebrate. Yet the actions of the Serious Fraud Office of late deserve closer inspection. Its vast resources are being applied in an attempt to issue a press release that will likely have political impact. At the same … Read More
Made redundant?
The Covid epidemic has turned life upside down for many people. Those who have lost jobs and looking for a self-employment opportunity need to tread carefully. Franchise businesses are a form of self-employment but careful due diligence must be undertaken by anyone considering this type of investment. The “food” industry has many franchises but the entry level can be expensive … Read More
“Wills” week
We all know its going to happen, nothing is more certain yet we are generally poor at acknowledging it and making provision for its impact. Death is the surest bet in life, only when where and how to be determined for all of us. Its “Wills” week and lawyers around the country are focusing on that and specially the value … Read More
A grossly underrated personal value is “Integrity”
Not only does it form an essential part of our assessment of others the same factor has a critical impact when it is missing in our institutions and community processes. A current example is the election process. With the many varied and sometimes bizarre systems seen world-wide. We are lucky in that NZ has a system that rates high in … Read More
A tip on choosing a lawyer
You don’t want someone like Donald Trumps with a persona lacking any empathy. He has no understanding of the word if his speeches and actions are any indication. Pity as that is an important factor in any relationship but specially where there is a power imbalance. When looking for a lawyer empathy is one of the key factors. Reliability and … Read More
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