Barrister Margaret Malcolm has set up an exclusive consultancy to help lawyers deal with client complaints. Photo / Jason Oxenham
Barrister and former executive director of the Auckland district law society (ADLS), Margaret Malcolm, has set up an exclusive consultancy to help lawyers deal with client complaints and offer advice on general practice and financial management.
With every complaint made against lawyers now having to be formally dealt with under the Lawyers and Conveyancers Act, she says lawyers are subject to more time-consuming stress and anxiety.
"With the New Zealand Law Society managing all complaints against lawyers, some lawyers have told me there's doesn't seem to be much help and support when there is a complaint," Margaret told CaseLoad in her High St, Auckland, chambers.
"This is an opportunity for somebody who understands the process and the system to provide some support."
Margaret has extensive management and governance experience, with 30 years experience primarily in commercial law in New Zealand and Fiji.
She is admitted to practise in Australia, holds an MBA and was executive director of ADLS before the restructuring brought about by the reorganisation of the legal profession in 2009.
More recently she worked as a special adviser to former Justice Minister and former ADLS president and NZ Law Society vice-president Judith Collins MP.
Law Society annual reports show the vast number of complaints against lawyers involve negligence or a legal bill. They also show about 80 per cent of complaints involve no further action.
The top percentage of complaints is against family lawyers, then criminal lawyers and sole practitioners.
"Some of the client dissatisfaction has to do with the whole Family Court regime, which has been worked on over the past few years to bring about changes, so hopefully that will ease some of the angst members of public have in trying to deal with the Family Court."
Over-charging complaints were previously dealt with by a voluntary costs revision officer who could reduce the bill and leave a client reasonably satisfied.
"Volunteer lawyers sitting on standards committees are getting huge monthly agendas of paper to work through, because they have to consider all complaints.
"There's no scope for things to be dealt with in an informal manner."
Now, everything has to go before a formal standards committee and regardless of the outcome, remains on a lawyer's record.
A legal complaints review office (LCRO), which sits above standards committees, tends to have hearings, which get further and further behind and has a growing backlog of cases.
"This too is difficult and stressful for lawyers with things not being resolved and sometimes waiting for years not knowing what the outcome might be.
"Even though only a very small number of complaints make it to a disciplinary hearing, every complaint has to be taken seriously.
"I can represent a lawyer, give some objective views on the complaint and the process it goes through and help craft documents and a lawyer's responses to the standards committee."
Margaret will also offer legal practice support in areas where lawyers often have difficulties such as practice management, taxation, financial management, marketing, staff management, human resources and internal disputes.
* Popular retired High Court judge John Priestley, who was looking forward to brushing up on his Latin and sorting out his stamp collection, told CaseLoad he's been kept busy on various official inquiries.
The one occupying his mind at the moment hopes to answer how jailed convicted murderer and paedophile Phillip Smith was able to walk away from jail and flee to South America.
"Noticed you having a beer in Vulcan Lane the other day with my old friend Roger Chambers (a fellow stamp collector)...lovely bloke, do give him my regards," said His Honour.
Watch this space...
* Well-known transtasman Senior Counsel Graeme (Pinkie) Little, slipped into the Ladies and Escorts Lounge the other day for a Murphy's, tipping CaseLoad the wink he might return permanently to Vulcan Lane.
"He's been saying that for years," said Someone In The Know.
Lawyering since 1967, the redoubtable Little - an engaging story-teller - has carved a enviable legal name for himself in Australia, with many of his cases having significant impact on the law and the judiciary.
He retains chambers as an international member of Vulcan Chambers, the Vulcan Lane-based leading crime barristerial chambers headed by the venerable Roger Preston Chambers.
"That's a mouthful," said Our Man At The Bar.
"I prefer Murphy's to the sharper tasting Guinness," said Little.
"So is that," said The Scunner.
CaseLoad was pleased to drop by Auckland High Court the other day to help out Justices Graham Lang and Raynor Asher as they struggled to come to grips with what crime lawyers Ronnie Mansfield and Steve Bonnar are griping about.
Ronnie and Steve have got it into their heads that criminal clients - usually those who are nuts - may be disadvantaged if the slavering media report what happens at what is known as "call-over." (See CaseLoad April 10, 2015)
Call-over is a pre-trial process - open to the public and the media - where a judge and lawyers sort out stuff such as the likelihood of an early plea, availability of witnesses, setting a trial date, any mental health issues an accused might have and so on.
In a nutshell, Ronnie and Steve are fretting over the possibility potential jurors might become influenced if they read in the papers that folk they defend might be nuts.
Asked by Justice Lang for any High Court examples, they couldn't come up with any but were anxious about the "possibility" and thought the media should exercise some restraint.
Justice Asher, chairman of the Media in Courts committee, suggested an unenforceable compromise solution might be to rely on the media to exercise discretion over what was reported.
"You've got to be joking...Discretion??? Does His Honour not watch telly???" said The Scunner.
As was earlier indicated, CaseLoad resisted attempts to further restrict, blindfold or interfere with the transparency of the courts.
He suggested that if Mansfield and his cronies didn't want something reported they could apply for a suppression order and have it open to challenge by the media in the usual way.
On her way out of the gathering distinguished crime barrister and Queen's Counsel Marie Dyhrberg whispered in CaseLoad's ear: "Like the way you told Ron to F*** O**..."
Insiders expect little change.
Footnote: While CaseLoad is a pal of Ronnie Mansfield, he is not acquainted with Steve Bonnar, who apparently has been lawyering since 1988, more recently at Meredith Connell and was anointed Queen's Counsel in 2014.
New Zealand is to host a five-day long Commonwealth magistrates and judges association conference for the first time in September.
Kiwi judges have always flocked to join these riotous bunfights, usually in such exotic fun-filled locations as Bermuda or Uganda, but word around the common rooms is there aren't many takers for this year's Wellington venue.
The gripping theme is "Independent Judiciaries, Diverse Societies", there are lashings of worthy speakers and commentators, and the Law Foundation is providing money to help Pacific Island judges attend the gathering at Wellington's Michael Fowler centre.
However, some Wellington CaseLoaders are concerned that pre-conference propaganda may give intending attendees a less-than-candid view of New Zealand's capital.
Here's what conference-goers are being told about Wellington, with observations supplied by CaseLoad informants in italics...
"Wellington - New Zealand's capital - is a lively city and also called the world's coolest little capital" (Which means it's generally cold, windy and wet and empties out at the weekend when those who can flee back to the Wairarapa).
"Wellington is known for its vibrant arts scene, world class cafe and restaurant culture, and active outdoor lifestyle." (Includes mobs of braying boof-heads milling about a draughty rugby stadium).
"Set around an attractive waterfront, you'll be hard pressed to find a city in the world that's easier to get around." (Provided buses and trains don't break down, the ferries don't sink and taxi drivers don't rip you off).
"Wellington enjoys more cafes, bars and restaurants than New York City, and its coffee and craft beer producers are internationally recognised." (A popular outlet for such products, if you avoid being mugged, is Courtenay Place - known locally as The Chunder Mile).
"A creative, cosmopolitan city, Wellington combines the sophistication of a capital with the warmth and personality of a village." (If your idea of a village is ramshackle housing hemmed in by Eastern Bloc slab architecture, you'll feel at home).
Footnote: Avoid going to Wellington by plane.
Letters keep pouring in on Justice Rachel Dunningham's interim injunction ruling that the way Christchurch's St Bede's College disciplined misbehaving rowers effectively denied them natural justice. (CaseLoad April 24 and April 10).
Thank you John Steele, Fiona Allen and Rod Bidois, but this correspondence is now closed. Or should that be is closed for now?
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