Potential changes to the Conduct and Client Care Rules relevant
to in-house counsel

During the recent NZLS seminars on the Rules of Conduct and Client Care, some pertinent points were raised regarding the application of certain rules to in-house counsel. Two points, in particular, are noteworthy because one of the presenters suggested the Society would consider amending the relevant rules in the light of the comments made:

• First, some of the rules in chapter 3 relating to the provision of information to clients are drafted in a way that apply sensibly to lawyers in private practice but not to in-house counsel.

• Second, Rule 15.1.5 states that an in-house lawyer who is engaged on a part-time basis and who is entitled to practise on his or her own account may, subject to the terms of his or her contract, practise on his or her own account outside the hours of the engagement. In the Wellington seminar, Chapman Tripp’s Geoff Shirtcliffe made the good point that there is no obvious logic in this applying only to in-house lawyers engaged on a “part time” basis.

The Law Society speakers suggested the Society would reconsider these particular issues. CLANZ will be following them up with the Society.

Accessing the online resources of the Association of Corporate Counsel

From time to time the Committee receives requests from members regarding access to the online materials of the US-based Association of Corporate Counsel (ACC). CLANZ members are entitled to access these materials for the nominal cost of US$90. As noted on the ACC website, the materials include the following:

• The Virtual Library, which gives you 24 hour a day access to articles, checklists, policies and other resources relating to issues that affect all in-house counsel. The resources on U.S. law are especially useful for Australasian organisations with a U.S. presence or pending transactions.
• Online access to the ACC Docket. This award-winning monthly magazine contains 3-6 full-length feature articles, plus dozens of smaller articles and news, all focused exclusively for in-house counsel.
• Surveys, statistics, and polls. These are especially valuable for legal department improvements and benchmarking.
• Inhouse Jobline for those with international career aspirations.
• Networks of in-house counsel around the world segmented by locale and by practice area. These can help you identify experienced counsel for major transactions or other international needs.
• Material specifically geared to the needs of Chief Legal Officers.
• Public Policy resources, especially in the areas of corporate governance, ethics, professionalism, and multi-disciplinary practices.
• MemberToMember allows you to tap into the expertise of your peers through ACC’s network of in-house volunteers who provide advice about legal issues, such as retaining local counsel, benchmarking, corporate forms, policies, and procedures.
• InfoPAKS, which save you time and money. Access more than 30 InfoPAKS that include sample forms, policies, checklists, helpful websites, and case law on conflicts and waivers, records retention, outside counsel management, technology, and much more.
• ACC’s Alliance partnerships include leading legal vendors who provide products and services, at discounted rates, designed to help you better manage your time, workload, and budget.
• Online access to Cross Boarder Quarterly magazine, the monthly journal of Practical Law Company, which features articles and benchmarking surveys on law department management, articles on cross border issues, and transactions to name a few.

CLANZ members who wish to take advantage of this arrangement with ACC can download a subscription form from the ACC website.
 

Three forthcoming LexisNexis conferences of interest to in-house lawyers,
with discounted rates for members

LexisNexis is hosting at least three conferences over forthcoming months that are likely to be of interest to in-house counsel.

Government Contracting and Procurement
20, 21 & 22 August, Wellington
The legal guide to contracting and procurement in the public sector

Highlights include:

• The Auditor General’s new guidelines on procurement
• Avoiding conflicts of interest
• Judicial review in the health sector
• Getting value for money from sustainable contracts

PLUS Separately Bookable Government Contracting Workshop
20 August 2008
Key Issues in Public Sector Procurement Contracts
Getting the best practical advice to high level contracting

Click here to view the conference programme.

The normal price for this conference is $1095 + GST, and $1390 + GST for the conference and workshop. However CLANZ members are entitled to the discounted price of $986 + GST for the conference, and $1251 + GST for the conference and workshop.

To register, or for more information, call 09 368 9502 or email seminars@lexisnexis.co.nz

LexisNexis 4th Annual Public Sector In-house Counsel Forum
3 & 4 September, Wellington
The latest legal developments and management strategies for lawyers in the public sector

Highlights include:

• An analysis of the impact of the election on the public sector
• How will the Lawyers and Conveyancers Act affect you?
• Latest practices for drafting contracts
• Implementing New Zealand’s international obligations into domestic law
• Handling conflicts of interest

Click here to view the conference programme

The normal price for this conference is $1095 + GST for both days and $795 + GST for one day. CLANZ members pay the discount price of $986 + GST for both days, and $716 + GST for one day.
To register, or for more information, call 09 368 9502 or email seminars@lexisnexis.co.nz

LexisNexis 2nd Annual Legal Issues for Crown Entities
23 & 24 September, Wellington
The legal toolbox and regulatory guide for Crown Entities

Highlights include:

• Crown Entity executives explore the critical issues
• Case study on managing the legal risks associated with being a Crown Entity
• Preparing Statements of Intent
• Land law issues for Crown Entities
• Update on conflicts of interest

Expert speakers include:

• Susie Staley, Maritime New Zealand
• Stephanie Winson, Maritime New Zealand
• Katrine Evans, Office of the Privacy Commissioner
• Dominic Sheehan, Broadcasting Standards Authority

Click here to view the conference programme.

The normal price for this conference is $995 + GST. CLANZ members pay the discounted price of $896 + GST.
To register, or for more information, call 09 368 9502 or email seminars@lexisnexis.co.nz 

Brookers Intellectual Property Law Forum 2008 –
Ongoing earlybird discount for CLANZ members

Members should also note that the University of Auckland Business School’s New Zealand Governance Centre is holding its Inaugural Conference on 15-16 August at the Business School:

“Recent research shows that international institutional investors are prepared to pay a premium for companies with good corporate governance. However, good governance by itself is not enough. There must be performance. Overseas experience in the last eight years has seen major corporate collapses which have exposed weakness in the self regulatory systems. This has promoted knee jerk legislative reaction overseas and a revision of self regulatory codes. The New Zealand model is based on private enforcement and self regulation through principles. The reality is little enforcement. This needs to be addressed but, at the same time, one size does not fit all.”

The conference boasts a line-up of top rate speakers from New Zealand and abroad. Keynote speakers include:

• Professor Christine Mallin of the University of Birmingham
• Professor Douglas Branson of the University of Pittsburgh
• Hon. Justice Grant Hammond of the Court of Appeal
• Hon. Dr Bruce McPherson QC, formerly Judge of the Queensland Court of Appeal and now Deputy President of the Administrative Appeals Tribunal
• Grant Liddell, Director of the Serious Fraud Office
• Hon. Peter Salmon QC, formerly Judge of the High Court
• Professor John Farrar of the University of Auckland

We have secured an arrangement whereby CLANZ members are entitled to enroll for the Conference at the academic rate of $495 rather than the normal rate of $595. CLANZ is grateful to the Auckland Business School for extending this offer to members which, we understand, is otherwise only being offered to academics and members of the Legal Research Foundation.

More information can be found online.

Interested in Law and Tech? Check out the NZ Lawtech and E-Discovery Summit, 14 & 15 August 2008, The Hilton, Auckland – With discounted rate for CLANZ members

The NZ Lawtech & e-Discovery Summit will offer a multi-dimensional format covering critical issues pertinent to all legal IT Directors today. It will include Keynote presentations, conference sessions, think-tanks, roundtable discussions and technology presentations by leading experts.

Topics to be covered at the event include:

• Back To The Future – Is NZ IT Moving Forward Or Moving Back?
• Information Discovery – New Paths To Preparedness
• Innovation Under The Spotlight – The Benefits And Pitfalls
• It’s All About Implementation – Change Management: What Works In A Law Firm
• Effective Lawyer Training to Assist in IT Implementation
• Knowledge Management – Is It Still Alive?
• Managing Electronic Information And Litigation Readiness as a Method to Reduce Corporate Risk
• Document Management – Latest Updates
• Managing e-Discovery when Litigation Strikes
• Getting all Stakeholders on-side: Implementing a Cross-Disciplinary Information Retention Committee

Plus:

• Legal Technology Exhibition
• Round table discussions
• Technology Updates

CLANZ has secured a 10% discount on the Summit price for ordinary members and a 25% discount for premium members. The programme can be downloaded here.

2008 New Zealand Law Awards – Nominations open 8 August

When nominations for the 2008 New Zealand Law Awards (Law Awards) open on 8 August, in-house counsel will have the opportunity to judge the performance of the law firms they have briefed over the 2007/2008 year. The Law Awards celebrate and reward “excellence in client service”, defined as:

• providing proactive, effective, timely, and strategic legal advice;
• having a genuine understanding of the client’s business and their market sector, reflected in commercially pragmatic solutions;
• being aware of cross-disciplinary impacts, with the ability to advise on them or to refer on where necessary;
• being responsive to the client’s need for speedy and cost-effective resolution;
• advising as to the client’s legal and practical options with result-focused professionalism and clarity; and
• having up-to-date knowledge of developments in legal, policy, and other relevant matters.

If the law firm(s) you instructed met these criteria, and you would like to see them named one of the best firms in New Zealand, then go to the Law Awards website – lawawards – between 8 August and 9 September and make sure that they are nominated. As the number of finalists for the client-judged Law Awards is limited, every nomination counts.

In addition to recognising excellence in private practice, the Law Awards also recognise the excellence exhibited by in-house lawyers. Last year’s winner of the In-house Counsel Team of the Year Award was the in-house team at Christchurch City Council, described by one voter as “a very capable legal team which has accepted and met the challenge of working for a risk averse client which is obliged not just to make commercially sound decisions but to operate within a complex framework of statutory requirements”. In 2006, Vodafone New Zealand took home this Law Award, with Westpac New Zealand being judged the winner in 2005.

Although only partners, principals, and barristers who have worked with in-house lawyers are entitled to vote for this Award – anyone can nominate an in-house legal team. As with the other Law Awards, the more nominations a team receives the better chance it will have of making the finals. So, make sure your organisation takes this opportunity to acknowledge your in-house legal team for the work you have done this year!

Continued thanks to our sponsors