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Home / New Zealand

Lawyer shortage biting Hawke's Bay practices; one offers $25K cash incentive

Andrew Ashton
By Andrew Ashton
Hawkes Bay Today·
5 Feb, 2018 05:40 AM5 mins to read

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Hawke's Bay firms are struggling to find lawyers. Photo / File

Hawke's Bay firms are struggling to find lawyers. Photo / File

Law firms are having to come up with new ways to beat Hawke's Bay's lawyer shortage - with one firm now offering new solicitors $25,000 cash deposits for houses.

A job advertisement listed on Seek this week, aiming to recruit both a senior and a Junior solicitor for a Hastings-based firm offered "an above market salary and a $25,000 cash contribution towards a house purchase".

"It is a busy time of year and we know the market is competitive, so we need to offer something with originality and independence", the advert stated.

Bay Legal partner Kirstin Monk said there had been a noticeable shortage of lawyers in the family law and legal aid areas over the last year.

"It's just difficult in terms of trying to help with parties like parents who might need to get urgent help or advice finding a lawyer at short notice, and also finding lawyers that will take on work that is legally-aided.

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"There's not a lot of people doing legal aid work at the moment."

Ms Monk said the legal aid shortage was a national issue but it also had knock-on effects locally.

"We just don't have that many people around because we're short of lawyers and short of newer lawyers, it's a compounding problem."

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Most firms now found it uneconomic to carry out legal aid work.

While there were a number of firms recruiting at present, she said the $25,000 cash incentive posted on Seek was a first.

"I've never seen anything like that before. I guess it probably indicates the level that people are prepared to go to attract someone."

Langley Twigg Law chief executive Antony Steiner said while the Hastings-based firm had not issued the advert there was a shortage a of lawyers.

"It appears to us that there is a shortage of mid-tier lawyers with more than three and more years' experience in many fields of the law.

"Particular shortages exist for lawyers with experience in New Zealand of commercial and property law, civil litigation and relationship property, and even more so for the sort of all-rounders that smaller firms need."

Gresson Grayson principal John McAra said there were two issues at play.

"The other issue is there has been a lot of rationalisation in Hawke's Bay. A lot of lawyers are at, or have been at the jumping off point and there are retirements happening all over the place and some rationalisations through mergers to accommodate those retirements."

Mansfield Law principal Graeme Mansfield said the company was recruiting for a staff solicitor but it had not offered any inducements.

The Law Society Hawke's Bay president Maria Hamilton said it was a "mystery" why there was a shortage.

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"There has been for at least a year, it's been difficult to get particularly more senior and intermediate lawyers to Hawke's Bay. There's been some vacancies that have been around for a little while now.

"There's clearly capacity because there's work there to be done, and it would be really good if we could fill those locally. That will have an impact more on the workload for local lawyers, that would probably be the most significant impact."

The only reason why it had proven difficult to recruit lawyers, she said, was possibly a misconception that the quality of work available was better in bigger centres.

"I think that's a misconception because there are big businesses in Hawke's Bay now. I don't know if there is a good enough understanding among lawyers from different areas of the level of work they could be doing.

"The thing about practicing law in the provinces, is that you get exposed to huge variety but also you get quite a lot of opportunity for responsibility early on. You get involved quickly and fully in your clients' businesses which is great."

Ministry of Justice national service delivery group manager Bryre Patchell said if lawyers were unavailable for legal aid work the ministry would ensure access to an out-of-town lawyer.

"The Ministry of Justice continually monitors the availability of legal aid lawyers across New Zealand, and across different jurisdictions, to ensure New Zealanders have appropriate access to justice.

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"The number of lawyers taking on legal aid work varies, and from time to time in provincial communities we may see a need to bring in outside lawyers from a neighbouring area.

"If a local lawyer is not available to provide a legal aid service, the ministry will ensure a person that needs a lawyer gets a lawyer.

"Access to justice is important and it is our role to ensure people who cannot afford a lawyer receive good quality legal representation when they need it."

Nationwide, 1864 lawyers were contracted to provide legal aid services (as at 1 February 2018) and the numbers had remained stable.

"Additionally, the Public Defence Service, part of the Ministry of Justice, also undertakes a significant amount of criminal legal aid work. The PDS, New Zealand's largest criminal law practice, has an office in Napier.

"Additionally, in 2017 the Legal Services Commissioner revised the criminal legal aid fee schedules, to enhance the sustainability of the legal aid system."

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