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2nd Edition (August 2011)
RECENTLY ADMITTED PRACTITIONERS HANDBOOK
INDEX 1.0 INTRODUCTION 2.0 WORK PRACTICES AND SURVIVING AT WORK How to start a file when you have no experience Clarify expectations Saying no to too much work File management Problem files How to obtain your practising certificate 3.0 PROFESSIONAL WORK PRACTICES Delegation Client Care
Privacy Act – collecting and storing private information 4.0 TIME RECORDING 5.0 AFFIDAVITS AND STATUTORY DECLARATIONS 6.0 DRESS CODE AND CONDUCT General dress code and conduct Court dress code and conduct 7.0 MARKETING AND NETWORKING Marketing yourself and the firm
Networking 8.0 PROFESSIONAL PROBLEMS Problems with partners Problems with support staff 9.0 SEXUAL HARASSMENT What is sexual harassment?
Office relationships 10.0 DEALING WITH PEOPLE OUTSIDE THE FIRM Dealing with clients Dealing with other practitioners Dealing with prosecutors 11.0 AUCKLAND DISTRICT LAW SOCIETY INCORPORATED 12.0 FRIENDS PANEL 13.0 RESOURCES OF INTEREST TO RAMS 14.0 HEALTH AND WELLBEING
1.0 INTRODUCTION
We don’t expect you to read this booklet all at once but we do hope that it will be a useful guide that you can refer to for assistance as you pursue a career in the legal profession. If you encounter difficulty or an unexpected problem then the answer could be in this booklet. In addition the ADLS Inc Recently Admitted Member’s Committee and Friends Panel are here to assist you so please feel free to contact them via the Auckland District Law Society website www.adls.org.nz. The first thing you will discover when you start working as a lawyer is how different the reality of working in law compares with the public perception of the legal world. Boston Legal does not, unfortunately, reflect the reality of being a junior solicitor in New Zealand. Your first couple of years will be challenging, exciting and, at times, bewildering. This handbook aims to help you cope with the transition from Law School into legal practice as smoothly as possible by providing practical tips and assistance for junior solicitors throughout their first five years of practice. We hope that you find it useful. An important tip when starting work as a lawyer is to make sure you are enjoying what you do. While no job is ever perfect, good indicators are whether you really care about the quality of the work that you produce, that you understand and are interested in related developing legal concepts, and that your interest is clearly obvious to your supervising partner and clients. If you are missing some or all of these factors then you could probably start to look at a different area of law to practice within. One of the most important benefits of being a junior practitioner is that no one really expects you to know which area (or areas) of law you wish to spend the next 30 years specialising in, and there are many opportunities for you to sample different areas within your first five years of practice. It is very important to remember that the reality of practice in a specific area of law is almost always very different from its study at university. For example, students often find the study of contract law to be less interesting than international human rights; however, many go on to discover that providing clients with contractual advice on key commercial transactions is a highly rewarding and intellectually stimulating experience. Never be afraid to explore other areas of practice because no practical knowledge of the law is ever wasted and really understanding how an area of law operates in practice rather than having an unfounded preconception could save you many unfulfilling years. Remember – “Find a job you like and you add five days to every week.” H. Jackson Brown, Jr. While some lawyers reading this handbook will have served as law clerks or legal executives for some time before qualifying, it is very important to remember that from the moment you are admitted you take on important responsibilities and duties to the judicial system, the Court, your firm, other practitioners and your clients as well as to the public. All new practitioners should read and familiarise themselves with the Lawyers and Conveyancers Act 2006 and its regulations which include the Lawyers: Conduct and Client Care Rules 2008 (the Conduct Rules) because they prescribe the standard to which you will be held accountable. This handbook provides a few basic guidelines and handy practical tips to help you to come to grips with your new life as a lawyer. Some of the information may seem obvious, but it should be remembered that it is no less important for that.
The handbook has been compiled by the Recently Admitted Members (RAMs) Committee of Auckland District Law Society Incorporated (ADLS Inc) and is intended to be a “living document”. We will update it as required and it will be available to download free from the RAMs section of the ADLS Inc website (www.adls.org.nz). If there are important things that you feel are missing, or you have any constructive feedback or suggestions for improving this handbook, please let us know. ‐ The Recently Admitted Members (RAMs) Committees (1984 – 2011)
2.0 WORK PRACTICES AND SURVIVING AT WORK 2.1 Most young practitioners will find themselves working at a law firm as a first time employee.
All firms have their own culture, policies and procedures which you will have to become familiar with.
2.2 No two law firms operate in exactly the same manner but there are a few techniques you
should be able to use at almost any firm that would be helpful to know before you have to learn them the hard way.
2.3 Most law firms have some sort of induction process to familiarise you with the firm, its
systems and culture. 2.4 In bigger firms, this is usually a comprehensive and well‐structured process however, there
are a few tips that new practitioners can bear in mind for their first few weeks of practice as a lawyer:
(a) Learn the time‐recording system, filing methods, how to retrieve precedents, business
support procedures, health and safety exercises, and document templates (e.g. Word macros) and how they operate.
(b) Learn how to use the Outlook calendar and task system. (c) Familiarise yourself with the firm’s intranet (if there is one). (d) Familiarise yourself with the library and its legal databases and resources. (e) Get to know the support staff who you may be dealing with on a constant occasional
basis (e.g. filing clerks, researching assistants or secretaries). (f) Always ensure you arrive promptly for (preferably at least 10 minutes in advance of)
your daily start time. (g) Never say “no” to work, or even give an indication that you might say “no” to work.
Instead, use the guide to clarifying expectations at 2.11 below to find out more about the work you are being asked to do, and then determine whether your supervisor thinks you have capacity to do what is being asked of you.
(h) If you feel are consistently being required to work beyond your means then discuss this
with your supervisor or approach a member of the Friends Panel for advice.
2.5 Once you start being given “proper work” or “chargeable work”, you will have no time to learn these things so make the most of your induction period.
2.6 Dictation is another thing you can practice in these first few weeks. It is a skill you will use
continuously from the time you start working, and the sooner you master it, the more productive and efficient your work will be. Ask your secretary to give you constructive feedback on your dictation style, especially in these early days as this will also make their jobs easier.
2.7 Try to get to know others of a similar level of experience as you in the firm. They may have tips and tricks they can give you which may make your working life easier or, in some cases, be able to help you out with certain workloads and tasks if they are not too busy.
HOW TO START A FILE WHEN YOU HAVE NO EXPERIENCE
2.8 When you have never worked on a file before and the task you need to accomplish is completely new to you – how do you start?
2.9 Many of the preliminaries will depend on how you are being supervised. There are many
different styles of supervision out there and like anything else, not everyone is good at supervising. Use your induction period to discuss with the secretary or legal executives in your office the procedure they follow for starting a new client file. This will enable you to fully understand the filing procedure, the difference between correspondence and court files etc, the various matters your firm may be simultaneously working on for one client and will save a lot of time when you receive instructions from your supervising partner.
2.10 Obviously the first place to try is by being taught by the person who has given you the file. If
this is not an option in your position, there are plenty of other methods. For example:
Discuss the file with members of your firm who regularly do that type of work.
Ask the supervisor if there is another similar file that you could look at.
Get to know the legal executives and secretaries as they can be a huge untapped source of information. The simple reality of starting your legal career as a recently admitted practitioner is that most of the support staff in the office will have a great deal more experience and knowledge than you and therefore establishing a positive and professional relationship with them from the outset is vital to good performance.
Ensure that you take accurate notes of all instructions and information given to you by your supervisor; it is very helpful to always have a notepad nearby when you are in these situations. You cannot be criticised for following instructions, however you can and will be criticised for forgetting them.
Find out what your firm’s library and precedent resources are and get to know them really well. Precedents and document templates often have a fair amount of explanation in them.
Understanding both the firm’s and often the individual partner’s personal filing preferences is very important. This is particularly when it comes to electronic documents, whether they aim for a “paperless office” or prefer to peruse the hard copy versions of each document you refer to them.
Another important tip is to try to prevent numerous versions of one document circulating between you and your supervisor. Where possible use hyperlinks when sending documents to prevent confusing or outdated attachments and it is often useful to keep documents you are still working on separate from the client’s actual file.
Some statutes set out procedures that have to be followed, or have schedules at the back with the form of documents. This may seem obvious but when you are stuck, sometimes it is the last thing you think of. It is very helpful to have the District and High Court Rules available for reference, e.g. as a link from your desktop, as you will not be able to remember the details of every rule off by heart.
You should always initially work from previous examples of work that your supervisor or other partners in the firm have carried out. It is important to learn the styling and stylistic preferences that your supervisor prefers and it is very helpful to have them discuss these with you so that you understand the reasoning behind this.
Complete the task to the best of your ability and give your finished product back to the supervisor in a timely fashion. If possible, have them check your progress along the way or run ideas past them.
Treat every document you present to your supervisor as the final and finished product. Even if you are asked to compile a “first draft” of a pleading or letter ensure that it is as accurate, stylistically correct and comprehensive as you can make it. Always check spelling and grammar, and ensure you have details correct, such as names, dates, titles of cases and statutes, etc.
Always make sure you know what changes were made to your work, even if the supervisor has not reviewed the file with you – it is expected that you will make mistakes so don’t worry about that, however it is not acceptable to make the same mistakes time and again.
Keep your own precedents file. When you first start practicing you will find that you may need this for embarrassingly easy things like simple letters. Even after you become more experienced, keep precedent copies of unusual letters, opinions or pleadings in their final form. If a partner recommends a file for you to examine as a particularly good starting point or a standard application template that they use regularly, ensure that you keep your own copy of this in your work file. He or she will not be impressed to find it locked as a “read only” file or with your changes interfering with their system.
Sometimes if you are really stuck, you could phone a friend from law school or whom you’ve met at a RAMs function who you know does that type of work and ask them to head you in the right direction. It is best to ask first if they are acting in any capacity on the file, and be wary of potential conflicts of interest if they happen to be involved in the file. Alternatively the ADLS Inc Friends Panel is always available for assistance.
If there is no guidance on how to start working on a file, you may wish to follow this procedure:
o Always remember that any of your files could be audited (either internally or
externally) or may be uplifted by a client, another firm or someone within your firm at any time. Therefore, every file you work on should present you in the best light. Make sure the file is presented in a neat and tidy manner (e.g. holes in paper should line up) and also ensure it is up to date. The idea is to make sure someone else could come along and know exactly where things are up to. Also, the law is a profession; you can and will be held to certain standards, which mean you should be professional in everything you do. How do you know if it’s
professional? If you are proud of your work, then usually you could say it is professional.
o Filing should be chronological by both date and time. This means that the email sent at 9.45am should go before the email received at 9.46am. You can file chronologically from the bottom or top of a file, but it is often easier to file from the bottom of a file so newer documents and correspondence are on top of (and therefore closer to hand) than older documents.
o When you receive a file, if possible read everything. You want to make sure you familiarise yourself with exactly what’s happening on the file, who has responsibility for what, etc. Also, this will help you get a feel for the style of the file. For example, sometimes you may have a “chatty” (but always professional) relationship with some of the persons having input on the matter (e.g. other professional advisors). If so, you would not address correspondence to them “Attention J R Bloggs” but instead “Dear Joe”.
o You may wish to draw yourself a diagram to familiarise yourself with the relationship between different persons or entities, or prepare a chronology of key events. Often, the document senior counsel will ask for most often is a chronology. This should be kept up to date.
CLARIFY EXPECTATIONS 2.11 You will be given work by one or more partners, associates, solicitors and possibly others.
Different people have different expectations of you and thus will have varying degrees of priority. Usually, only the person delegating the work will really understand its importance. When you receive a job get into the habit of asking:
When do you need this back by?
Do you want this done before the ‘Smith’ file (or other work they have given you)?
How much research do you want done on this – an initial view or full opinion?
How long should I spend on it?
How long do you expect the document to be?
Is there another file you recommend that I use as a template? E.g. the Bradshaw letter? 2.12 These questions may seem simple but it is surprising how different your perspective on a file
can be compared with the person who has given you the work. 2.13 Always ask questions, particularly when you are just starting out and no matter how silly the
question may seem to you. It is better to try and start on the right track, than wasting your time and client’s money on irrelevancies. If you cannot ask the question of the supervisor (or it may be a waste of time to do so), see if you can find a slightly more senior lawyer to ask for help. You will be surprised how willing to help they often are, and you should get good advice.
2.14 When a partner is giving you work to do that you have never done before, make sure they
are aware of this fact. If you hold yourself out to be competent in an area of law that you have little or no experience within then it is your reputation that will suffer. Honesty is
always the best policy as the partner is much more likely to be impressed with your resourcefulness having had a realistic impression of your abilities rather than to be disappointed in the final product due to your misrepresentation.
2.15 Always write down your instructions as you are given them, or immediately afterwards, as
well as any salient points or facts which seem important. The busier you get, the more things you will need to remember during the average day and it is easy to forget details. Often receiving new instructions is a very exciting feeling and you immediately want to get stuck into the primary area of the work only to realise, an hour later, that you have completely forgotten the other three tasks given to you at the same time. Supervisors and partners will not be impressed if you have to ask them what you want them to do for a second time because you could not be bothered to write it down. Asking for clarification is different, and is encouraged.
2.16 If at all possible, double check with the person giving you the instructions, that you clearly
understand the scope of what you are to do and that you have all the important facts. The easiest way to do this is to paraphrase your instructions back to the supervisor. Always remember that accuracy is a vital element of being a lawyer. Your supervisor does not want to have to check every detail or fact because you have not asked a simple question or have rushed the work. You are not there to create unnecessary work for your supervisor.
2.17 Once mid‐way through a task, if there seems to be something missing in your instructions or,
for example your research suggests that an area of law tends to turn on certain key facts, it may be worth double checking with the person who gave you the instructions that you do have all the required information. It may be that they were not aware of how significant a particular fact was when they gave you the instructions.
SAYING NO TO TOO MUCH WORK 2.18 This one can be a real trap. In our experience, the last thing a partner wants to hear from a
junior solicitor is that you cannot take a file they want to give you. Even if a partner asked if you can take a file, they do not want to hear the word “no”. Using the questions in 2.11 when discussing this new work can be a very useful way to avoid this problem. The partner will almost always have a clearer idea of what work is really urgent than you do and will be able to set your mind at ease over these issues.
2.19 The reality is that you are not in a “9 to 5 job”, you are near the bottom of the pecking order
and you will need to do whatever you can to get the job done. 2.20 You may, on the rarest of occasions, be in situations where you can say “no” to a file. We
cannot tell you when that would be, but just think long and hard before you do it and make sure you know the partner you are working with well enough to make sure you have made the right decision.
2.21 If you find you are constantly in a position where you cannot cope with the amount of work
that you are doing:
(a) Look at your own file management systems and see if you can make any improvements.
(b) Talk to someone with a little more experience than you and see if they can give you any pointers.
(c) Consider whether you are trying to do too much yourself – are you using your support
staff enough? (d) If possible, discuss it in a constructive way with your supervising partner or some other
member of your firm. (e) If you are constantly overworked and unable to cope, reconsider whether you are in the
most suitable team, practice area or even firm for your personality. Some people thrive under long hours and constant pressure, whereas others prefer a more structured and balanced working style in order to provide the best results.
FILE MANAGEMENT 2.22 Keep your files tidy, intact and do not take material out of them. When working on a file it is
important to have a complete file available rather than having to locate missing materials which may have crucial information on them. If it is unavoidable that something needs to be removed from the file, have your secretary copy it and use the photocopy as a working document. If several authors will be working on the same file frequently, you may wish to create a “dummy” file for yourself containing all your correspondence on the file (as well as on the main file) and all key documents (correspondence, pleadings, etc.). Also, you may wish to volunteer to keep the main file up to date with filing, so that everyone working on the file knows you are responsible for printing all emails and making sure they are on the file. This has several advantages. First, you will then be copied into all correspondence on the file, so you will know exactly what is going on. Secondly, you will be taking work off the partners and their secretaries, earning brownie points from both. Finally, you will likely then see the working styles of two or more partners, meaning you can get a feel for different working styles and consider which one(s) you prefer and why.
2.23 Ensure that you always follow the correct electronic and file management procedures.
Neither your partner nor your secretary will be impressed if they have to spend twenty minutes looking for a simple letter because you have filed it incorrectly. Ensure your secretary knows about all incoming correspondence and if necessary automatically forward it to them on a daily basis to ensure nothing is forgotten.
2.24 Most dictation is now carried out through an electronic format which automatically
downloads the file to your secretary’s computer; however it should always be very clear which particular file a dictation relates to and what is expected from it – e.g. a file note or a letter. Always make it clear which enclosures or additional work you are referring to in the dictation and if possible e‐mail those to your secretary at the same time as you upload the dictation to ensure that there is no confusion or delay.
2.25 Make sure that all correspondence is kept up‐to‐date. Print off or save e‐mails where
appropriate as they arrive and make sure they are filed. It is very important that your support team are well aware of which documents you have received and have filed as they will not appreciate confusion within their document management system that reflects poorly on them (see 2.22 above; you might want to volunteer to have primary responsibility). Ensure that you copy both your supervisor and your secretary into all correspondence that you send outside of the firm.
2.26 Learn to fully understand the filing procedures and also which aspects of correspondence and other document management that you are responsible for. Often your supervisor will hand you correspondence (both copies and originals) they have received to do with a file that may or may not have been originally been filed previously and at these times it is essential that you have a good relationship with the various support staff in order to save time and to prevent duplication. It is often very useful to discover exactly what the various support staffs roles are, what they are paid to do and who is responsible for which areas of practice e.g. trust deeds may well be handled by someone other than your secretary.
2.27 Filing is a necessary evil of legal practice and should be done regularly to make sure files are
complete at any given time. A partner may hold you responsible for ensuring that a file you are working on is up to date and expects you to have a good knowledge of the status and important features of the files that you are responsible for. If you have free time, making a brief summary, including where necessary a chronology, of the most important aspects of the file is very important.
2.28 Problems may arrive at particularly busy times or when multiple authors are working on a
single file, however, it is important that you retain (or have your secretary retain) all loose documentation for filing later when things calm down.
2.29 Also remember if your firm operates a ‘check‐in’, ‘check‐out’ system for viewing documents,
that you always should ‘check‐out’ when other authors need to access the given documents. PROBLEM FILES 2.29 Everyone has to deal with problem files from time to time. “Problems” may range from not
knowing where to start, to becoming bogged down in too much detail or realising too late that you are off on an irrelevant tangent. In the worst cases, problem files may arise with ethical dilemmas (see chapter 13 for Friends Panel), conflict of interest situations or where you find you have made a mistake.
2.30 For “problem files”, which are simply boring or tedious, it is important not to put these off.
The longer you put it off, the harder it will be to get into and actually do the work. 2.31 Remember, your clients are paying your firm a lot of money for your professional legal
services. Therefore, make sure you are very clear at the time you are taking instructions from a partner or someone giving you work as to exactly what it is you are supposed to be doing. While this sounds obvious, quite often it is easy to assume certain facts or even definitions which can result in a considerable amount of time wasted. Assumptions are the mother of most mistakes. One easy way to do this is to listen to the partner (taking notes) and then, when they have finished, paraphrase your instructions and repeat back to them. Also, if you have had any other ideas of what you could be doing, ask if the partner wants these aspects considered.
2.32 As soon as you are aware that a task or file you are working on may be problematic, for
whatever reason, stop and think about what to do next. It may be just a bad feeling or feeling slightly lost which can be dealt with quickly by going back to the person who gave you the work in the first place and clarifying something with them.
2.33 It is better to identify such problems early before too much of your time (and client’s money) is wasted, than to embark on a long or ultimately pointless exercise which will only see you starting all over again later on and having your time written off.
2.34 If you have made an error then you should never try to hide this – as soon as you see the
error discuss it with your partner as soon as you can. Often it will not be as bad as you fear. If it is, then prompt action will improve the situation whereas covering it up or ignoring it will make it much worse. Remember – everyone makes mistakes (see chapter 8.0 for Professional Problems).
HOW TO OBTAIN YOUR PRACTISING CERTIFICATE 2.35 An application for a practising certificate must:
be on the prescribed application form (a referee report may also be required)
include all the fees and other charges payable
2.36 On receipt of an application, the New Zealand Law Society must consider whether there are grounds for declining or refusing to issue a practising certificate. To do this, the NZLS may ask you for further information and make whatever inquiries it considers relevant.
If you have been admitted in New Zealand recently as a barrister and solicitor, the NZLS should be able to issue you with a practising certificate within a week of your application.
The processing may take two to three weeks if you have not held a practising certificate since admission or if some time has elapsed between your application to the NZLS and the expiry of your last practising certificate.
Your application may be referred to the NZLS Fitness for Practice Committee if:
the NZLS is aware of concerns about you; or
you have disclosed information that may reflect on your eligibility to hold a practising certificate.
If this is the case it may take longer to process your application.
2.37 You must renew your practising certificate annually. In May each year the NZLS will send you a renewal form, whether you are in New Zealand or overseas, if it holds a current address for you. You can renew your practising certificate by completing the declaration on the renewal form and returning it with the fee. Or you can complete the process online using your user ID and password.
2.38 The NZLS Registry is required to advise the Legal Services Agency, Land Information New Zealand (LINZ), the courts and the profession of the names of lawyers known to have been in private practice and offering services directly to the public but who had not renewed their certificates by the due date, nor advised the Society that they were ceasing practice.
The latter group is of concern if they continue to practise without a valid certificate. If these people subsequently apply for and are issued with a practising certificate, their names are restored to the public register, though the certificate is then effective only from the date of renewal and not from the date at which their previous certificate expired.
Source: New Zealand Law Society (www.lawsociety.org.nz)
3.0 PROFESSIONAL WORK PRACTICES
3.1 Rule Number 1 – Don’t get your firm sued for negligence in your first five years of practice! 3.2 A few simple tips that may help you in this are as follows:
(a) Always make file notes, including telephone calls, messages and instructions that you have been given – have it in writing, note the date, time and sign it. A handwritten scribble is better than a beautifully typed memo that you never get quite around to doing.
(b) Do not give legal advice of your own – get a partner to approve and improve your advice
before it goes out – learn to say to clients, “I will check that issue and get back to you”. Do not commit to anything you are not comfortable with. The best lawyers know their own limits and know when to admit that they don’t know something. Nobody expects you to know everything.
(c) Do not make a decision for your client. Law is a professional service industry and we act
on our clients’ instructions. If there is a choice to be made – provide your client with the options and the “pros and cons” of each option. This includes things like deciding whether or not to send a response to a query from another party. Remember, you must forward all correspondence to your client and you cannot, without your client’s permission, agree to accept communications “off the record”.
(d) Never put the temptation to please a client ahead of ethics or your firm’s procedures
even if it seems like a relatively small issue. (e) Always follow the correct procedures in relation to matters associated with the firm’s
trust account. There can be serious consequences for you and your firm if these aren’t followed.
(f) Know what files are in your office and do not let any stagnate in the corner – deal with
them. (g) Proof read everything before it goes out, regardless of who typed it. This goes double for
e‐mails as these are a form of communication that is just as important as a dictated printed letter, but are rarely edited before sending. Ensure you know when an electronic communication needs to be accompanied by a fax or posted letter.
(h) Always keep an up‐to‐date calendar/diary whether electronic or paper. (i) Know what is in your office and the timeframe in which you have to complete it. (j) Keep your clients informed of your progress and remember that you are working for
them. Communication is the key. (k) Prioritise your work daily, weekly and monthly, and write lists if necessary. Outlook
Tasks can be very useful in this regard.
(l) Concentrate on timekeeping and billing. Keep your own records and review your own progress regularly. It is very important that you do not attempt to decide which hours are billable. The best practice for a junior lawyer is to accurately record every piece of work he or she does in order to ensure that your supervisor or accountant can best decide what to charge the client.
(m) Always be aware of critical deadlines and do your best to adhere to them. As soon as it
becomes obvious you may be having a problem reaching or meeting a deadline, make sure you let the person who gave you the work know, so that they can find alternative ways of completing the work.
(n) If a file is finished, close it and get it out of your room. In most cases if you know that
you will be concentrating on one particular case for a period of time it is very helpful to clear all other non essential work items from your desk and to ensure that this work flow is accurately recorded in your task management system in order to ensure other colleagues know of your commitments.
3.3 The above points may seem obvious to some of you but when you are really busy, it is easy
to slip into poor work practices. 3.4 After one or two years of practice, you will start to gain confidence and potentially even
become blasé. This is a risky time for younger practitioners where you may need to slow down and think a bit more. You might want to find another lawyer in your firm at the same level as you and regularly meet to peer review your files.
3.5 It is easy to send a letter you have ostensibly sent countless times in the past however, there
may be occasions or situations where you still should have the letter checked off. 3.6 One example for this may be an important court case in which the sending of a simple letter
at an inopportune moment may seriously undermine your strategic position. 3.7 When in doubt, always ask your supervisor or another senior practitioner. DELEGATION 3.8. Delegation is an art form. It is important to realise, particularly as your charge‐out rate
increases over time, that it is simply not economical for you to do certain work and that it should be delegated downwards where possible. Your client in particular may not be happy to pay your high rate for work that they feel could have been carried out by a junior or a legal executive.
3.9 Conversely, if you are at the bottom of the delegation chain, you will be constantly having
things delegated to you until you achieve a more senior status and higher charge‐out rate. 3.10 If you are lucky enough to be delegating downwards, then make sure you keep tabs on the
progress of the work being delegated, try and allow plenty of time for checking ahead of a deadline, make sure your juniors (and/or support staff) understand fully the scope of their instructions, any areas of potential problems and the fact that they are to see you whenever problems of difficulties arise (rather than simply ploughing on).
3.11 Delegation takes practice so as to achieve the balance between effective and efficient delegation and simply palming off work which is beyond the ability and experience of the person you are delegating to.
3.12 Delegation can work upwards as well. If you have been given something to do which you
find rapidly takes you out of your depth, draw this to the attention of the person who gave the work to you. There is nothing embarrassing about doing so and in fact, you may save your client money and avoid a professional liability claim against your firm if the work was not done properly.
3.13 If you become aware of a risk, conflict of interest or other issue which may not have been
pointed out to you and which the person who delegated you the work may not be aware of, it is usually prudent to point it out to them.
3.14 Rather than wasting their time, again it may be saving the firm time, money and managing
its risk. In most cases, they will already be aware of it however, in more than a few instances, you may find yourself being applauded for doing so.
3.15 For non‐legal work you should be able to delegate this to your support staff. Your client is
paying your firm for professional legal advice and services (i.e. using skills you have gained through your qualifications and experience) and not for you to be photocopying, faxing, printing labels and so on.
3.16 When delegating to support staff, there are several things to be aware of:
(a) Give them clear instructions as to what you want done and what you want the final outcome to be.
(b) Ensure there is effective supervision. Rather than setting a huge task to be done from
start to finish, manage it by providing a series of tasks which allow you to check the progress along the way. For example, if having a large number of documents copied and collated, it may be appropriate to have it done in stages, with you checking the final piles along the way or to have samples provided to you (e.g. colour photocopies) rather than having it all done at once.
3.17 Just a word of caution, particularly if you are only newly‐admitted or a law clerk/graduate.
Often your support staff are more experienced and know far more about certain tasks than you do. The most difficult time for a newly admitted solicitor can be the initial period of working with their secretary. Tread carefully. It may be case of “earning your stripes” before you can begin delegating in earnest.
CLIENT CARE 3.18 As a lawyer, your relationship with your client is a fiduciary one. This means that you owe
your clients the following core fiduciary duties:
(a) To avoid unauthorised personal profit or benefit from the relationship;
(b) To avoid conflicts between personal interest and duty to your clients;
(c) To avoid divided loyalties; and where necessary
(d) To report to your clients the fact a breach of fiduciary duty has been committed by you.
3.19 Overlaid on top of these fiduciary duties, are duties of good faith, and to act for the interests of your clients, and to use your powers for their proper purpose.
3.14 Rather than wasting their time, again it may be saving the firm time, money and managing its risk. In most cases, they will already be aware of it however, in more than a few instances, you may find yourself being applauded for doing so.
3.20 The reason your relationship with your clients is a fiduciary one is because of the imbalance
of power; your clients are relying on you, and putting their trust in you. Not only do they want you to help them to the best of their ability, but they often disclose information to you, which if you were free to use for your own purposes, would affect them detrimentally.
3.21 As well as your equitable obligations to your client (i.e. your fiduciary duties) the law
overlays the following obligations: (a) Under statute, being currently the Lawyers and Conveyancers Act 2006 and regulations
promulgated pursuant to that Act;
(b) Under contract;
(c) Under tort; and
(d) Otherwise under the law generally (such as the Crimes Act 1961)
3.22 The Lawyers and Conveyancers Act 2006 underpins the practice of law in New Zealand. The most important things to know about that Act are that it:
Regulates the actions of lawyers, as individual lawyers. That means that even as an employee you are subject to the provisions of the Act personally – it is never an excuse to say that you were acting on the instructions of your supervising partner, or anyone else;
Defines your fundamental obligations to your clients;
Defines what is misconduct and unsatisfactory conduct in relation to lawyers;
Regulates the provision of legal services;
Regulates the admission and enrolment of barristers and solicitors;
Regulates the New Zealand Law Society;
Regulates legal practice in New Zealand; and
Regulates the complaints procedure against lawyers.
3.23 As noted above, the fundamental obligations of lawyers are defined in the Act (section 4):
4 Fundamental obligations of lawyers
Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations: (a) the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand:
(b) the obligation to be independent in providing regulated services to his or her clients: (c) the obligation to act in accordance with all fiduciary duties and duties of care owed by lawyers to their
clients: (d) the obligation to protect, subject to his or her overriding duties as an officer of the High Court and to
his or her duties under any enactment, the interests of his or her clients.
3.24 From this definition you can see that there is one important caveat to your duties to your clients – you have overriding duties to act as an officer of the High Court (whether or not you practice in litigation) and under enactments. These duties are explained in more detail below.
3.25 Lawyers’ day to day duties and obligations are found in the Lawyers and Conveyancers Act
(Lawyers: Conduct and Client Care) Rules 2008 (known as the LCCCRs or sometimes still referred to as the “little red book”). You should keep these handy, and refer to them often. They govern various aspects of your legal practice, from the conduct for which you can be disciplined, through to the situations in which you cannot act, to professional dealings, and beyond. If you ever do not know what to do, look at the LCCCRs first to see if they have the answer.
3.26 In a nut shell, the LCCCRs provide:
Your overriding duty is as an officer of the court and is one of absolute honesty to the court. You must not attempt to obstruct, prevent, pervert or defeat the course of justice. This means you cannot lie for any reason whatsoever, hide documents, mislead anyone, or otherwise act in a manner which conflicts with your overriding duty;
You must use legal processes only for proper purposes and must not use the law for the purpose of causing unnecessary embarrassment, distress or inconvenience to any person;
You must not advise a client to engage in conduct, or assist any person with any activity, which you know to be criminal or fraudulent;
You must certify to the truth of any matter unless you believe on reasonable grounds that it is true. If you discover that your certificate is or has become inaccurate or incomplete you must immediately take reasonable steps to correct the certificate;
You must not threaten (expressly or impliedly) to make any accusation against a person or to disclose something about any person for any improper purpose (note also the provisions of section 237 of the Crimes Act 1961 – blackmail);
Subject to your obligations of privilege, you must report misconduct or unsatisfactory conduct by another lawyer to NZLS;
In advance of commencing any work for a client, you must provide that client with information, in writing, about the principal aspects of your service for the client, including fees, indemnity insurance arrangements, the Lawyers’ Fidelity Fund and your firm’s complaints procedures. In advance of commencing significant work for a client, you must also provide the client with information, in writing, about client care and
service, the names and status of the persons with responsibility for the client’s work, any limitations of your liability (noting your obligations under the law and equity which cannot be limited or excluded). This information must be kept up to date;
You cannot refuse instructions on any grounds of discrimination prohibited by law (including the Human Rights Act 1993), any personal attributes of the prospective client, or because of the merits of the matter upon which you are consulted. You can refuse instructions because you do not have time to act, the instructions fall outside your normal field of practice, the client cannot (or is unwilling to) pay your usual fee, or because that work would require you to breach a professional obligation;
Once you agree to complete work, you must finish it, unless one of the exceptions in rule 4.2 applies;
The client can instruct you to stop work at any time;
You must not act where you have a conflict between your interests (or those of a person with whom you have a close personal relationship) and those of your client, or where the interests of your clients (either current or former) conflict;
You must disclose all information you receive to your client, unless you have agreed in advance otherwise, or there is some other, lawful, reason not to make disclosure. This means you cannot participate in “off the record” discussions without your client’s consent;
You must keep confidential all information received by you from a client, nor can you use that information for any purpose other than the furtherance of that client’s interests, subject to limited exceptions;
You must charge a reasonable fee;
You must not communicate with another lawyer’s client, subject to very limited exceptions;
You must honour all undertakings;
You must conduct all dealings with other persons (lawyers, unrepresented persons, third parties, etc.) with integrity, respect and courtesy;
You cannot act in litigation where you, or a member of your firm, may be required to give evidence of a contentious nature or where the conduct or advice of the firm is in issue; and
In litigation, you must ensure that discovery obligations are complied with and the rules of privilege respected.
3.27 If you receive a complaint against you, don’t panic! Complaints are, unfortunately, a fact of legal practice and happen to most lawyers. Steps to take include:
(a) Take a deep breath, and read the complaint carefully;
(b) Tell your employer immediately (it is likely to be relevant to their insurance, and failure to disclose could affect coverage);
(c) Take note of all time limits for your response, but do not rush your response, or respond in an indignant or injured tone;
(d) Do not respond until you have read the file to which the complaint relates;
(e) Discuss the complaint with a senior member of the profession, whether your employer or otherwise (including perhaps, a member of the Friends Panel);
(f) Consider taking legal advice; and
(g) Remember you are personally liable for your mistakes, to your client and to the law society. You cannot blame your employer.
PRIVACY ACT – COLLECTING AND STORING PRIVATE INFORMATION 3.28 Privacy Act 1993
Junior practitioners should be mindful of their obligations under the Privacy Act 1993 when collecting, using, disclosing, storing and giving access to client’s “personal information”.
3.29 The Privacy Act contains twelve privacy principles to abide by. They relate to the following:
Collection of personal information (principles 1‐4)
Storage and security of personal information (principle 5)
Requests for access to and correction of personal information (principle 6‐7 and part 4‐5 of the Act)
Accuracy of personal information (principle 8)
Retention of personal information (principle 9)
Use and disclosure of personal information (principles 10‐11), and
Using unique identifiers (principle 12).
3.30 Additional points to note;
If another law is inconsistent with the Privacy Act, that law will ‘trump’ the Act.
Individuals who collect or hold personal information for their personal affairs (family or household) are exempt from the Act, and
In certain circumstances the Privacy Commissioner can authorize agencies to collect, use or disclose information.
4.0 TIME RECORDING
4.1 Every law firm has a different way of recording time. Some law firms still have paper
timesheets where a lawyer’s time will be recorded while others have automated or computerised systems. Ensure you know exactly what your firm’s policy towards time recording is and adhere to it.
4.2 While there is a general move away from time recording, a bill based on the amount of time
spent on the file is still the primary method for calculating the cost of an account. There are of course other factors apart from time which are considered when deciding whether a particular fee is appropriate for the job completed.
4.3 As there are other factors to be taken into account, it is best to record all of your time on a
client’s file. Even if you think you spent too long on a particular task, record all your time spent on a client’s business. Then, when it comes time to bill that client, the person responsible for that file can determine what a fair amount for the job is and perhaps discount your time somewhat. If you have not recorded the time at all, however, you will not be credited for that work. Even if you know the work will not be billed, still record your time, whether on a client code or administration code. This way your supervisor will know what you spend your time doing, and, in the case of client work, the client will be able to see that the work was done and that you did not charge for it.
4.4 Thorough time recording is also useful when justifying a bill that is larger than what a client
has expected or was told that a job would cost. It is also useful for the firm’s own ability to estimate future such matters taking into account the cost to the firm of your time and any write‐offs. It may also determine your work performance and any pay rise.
4.5 Rather than trying to remember every job you did in a day, it is best to record all of your
time at the time you do it. In other words, as soon as you get off the phone with a client, record the time taken for that telephone conversation (as well as writing a file note of the conversation). As soon as you have drafted a letter, record the time that it took to draft. This works much better than recording your time at the end of the day. However, you may wish to record your time throughout the day manually, and then at the end of the day add up all the time for each client before processing it into the system. The reason for this is that when it comes to sending the client a bill, you do not want them to see hundreds of narrations for the same piece of work.
4.6 A good rule‐of‐thumb is if you do something relating to a client matter (and which takes you
away from something else you are doing at the time) then record time for it. Remember, even time spent opening and reading a relatively short client e‐mail, is time you could have spent on other chargeable matters.
4.7 If your firm’s time recording software rounds time to the nearest billable unit, this will make
things easier. Ensure that you know what your daily/weekly budget is for billable hours worked as this will ensure that you can easily assess and monitor your own performance and note where improvements need to be made in your working style.
5.0 AFFIDAVITS AND STATUTORY DECLARATIONS
AFFIDAVITS
5.1 As a recently admitted practitioner, you will be required to administer the swearing of affidavits. This is usually for clients of other law firms as the party’s own solicitor is prohibited from swearing an affidavit, as is another solicitor in the same law firm. It is now uncommon for law firms to charge for the swearing of affidavits and it is seen as a courtesy to others to swear affidavits without charge.
5.2 When a deponent (a person swearing the affidavit) asks to have their affidavit sworn, this may be with or without their solicitor present. When asked to swear an affidavit, the following procedure should be followed (as set out in the Oaths and Declarations Act 1957):
(a) Establish whether the deponent is a client of your law firm or whether your law firm is acting for another party to the litigation to which the affidavit relates. If either of these situations applies, the deponent must be told immediately that the affidavit needs to be sworn at another law firm.
(b) Ask the deponent whether they are swearing or affirming the affidavit. If the deponent swears their affidavit, they must do so on the Bible or the Koran. It does not matter that they do not have religious belief as this does not invalidate the swearing of an affidavit. Please note that a document which is affirmed is known as an affirmation.
(c) Ask the deponent to sign the affidavit in the space provided on the last page of the
affidavit and initial each proceeding page. (d) If the deponent is taking the affidavit, ask them to take the Bible or Koran in their hand
and say:
“Do you swear by Almighty God that:
[pointing to the name on the top of the inside front page] that this is your full name;
[pointing to the signature they have just completed] and that this is your true and usual signature;
That you have read and understood the contents of this document;
The contents of this document are true and correct to the best of your knowledge and belief; and
The exhibits attracted are those referred to in your affidavit?”
The deponent should reply “yes” to all questions. You should then:
Sign the affidavit below the deponent’s signature on the last page and initial each preceding page;
Print or stamp your name, the fact that you are a Solicitor of the High Court of New Zealand and state the area in which you practice (e.g., Auckland);
Date of the affidavit.
If any amendments are made by hand to the document, these will have to be initialled by you and your deponent.
(e) If the deponent is affirming rather than swearing the affidavit:
Change the words, “do you swear by Almighty God” to “do you solemnly and sincerely affirm...”.
When affirming however, make sure the affidavit starts with, “I, [name] of Auckland, solemnly and sincerely affirm”.
An affirmed affidavit should also state by the solicitor’s signature, “Affirmed at [place] this [day] of [month] 201[year] before me:”
(f) If there are exhibits to the affidavit, these should each be signed and dated by you and the deponent. Usually there will always be an exhibit note for this purpose on the front first page of the exhibit which you will need to complete. If there is not an exhibit note, one should be completed.
6.0 DRESS CODE AND CONDUCT GENERAL DRESS CODE AND CONDUCT
6.1 Simply being a lawyer is not enough. You must also be seen to be a lawyer. Part of being a highly qualified legal practitioner is giving your clients and other practitioners (particularly your supervisors) confidence in your abilities.
6.2 Most clients will already have a “mental image” of what a lawyer ought to look like and
strong deviations from this image can hinder your relationship with the client. 6.3 As a general rule of thumb, it is considered more professional to dress in conservative
clothing (e.g. a dark jacket with a light coloured shirt and a simple tie for men). Differing firm cultures might be more relaxed about this. Before you relax your style, however, have a good think about the following (these comments were made by a female partner):
Girls, “soft” clothes are not acceptable except to be worn under something else;
Take a good look at how the partners in your firm dress. If you do not think their dress is up to standard, look at how other lawyers you respect / admire dress and try to emulate their style and standard;
Keep your shoes and other accessories (handbags, belts, etc.) neat and tidy. There is nothing worse than someone who is smartly dressed, but whose shoes are scuffed and worn;
Always keep a smart set of clothes (preferably a suit) in the office. You want to be able to run off to Court, or to go to a client meeting at a moment’s notice, even on casual Friday; and
Partners may not ask you to be involved in client meetings if they do not think you are dressed appropriately.
6.4 Keeping breath mints and/or toothbrush/toothpaste in your desk drawer can be a good
idea, particularly if you have just had a spicy meal or coffee. During summer months, it is also advisable to have accessories such as deodorant and perfume on hand.
6.5 Remember that most clients have no way of telling how good a lawyer is at their job. Clients
will go on other cues available to them such as how well dressed you are. As you build rapport with your clients, you will rely on this less but first impressions can often be the only impression that clients have of you.
COURT DRESS CODE AND CONDUCT 6.6 Court Dress Codes have become much more relaxed in recent years but a recently admitted
practitioner should still dress respectfully and conservatively
Family Court Suit and tie for men preferred, jacket and conservative colouring for women.
District Court Preferably dark suit or skirt (with jacket done up), shirt or blouse, tie (men), shoulders covered. All Counsel appearing as Counsel in a jury trial in a District Court in New Zealand are required to wear a Barrister’s gown appropriate to their rank as a Barrister of the High Court of New Zealand.
However gowns are not worn for civil cases, sentencing, indictable or otherwise, unless that sentencing follows immediately upon a verdict, with or without a short adjournment, nor will they be worn for the hearing of applications before trial or for trial callovers. Counsel should utilise a gown carry bag to avoid the draping of gowns around the courtrooms.
High Court Wigs are no longer worn but gowns are required, unless the hearing is in chambers and the Judge dispenses with the need for gowns. Preferably a dark suit with a white shirt.
Court of Appeal Gowns are required.
Supreme Court Gowns are required.
6.7 Be strictly punctual for all Court appearances. 6.8 It is good to arrive at least fifteen minutes before your scheduled appearance; this can allow
time for discussions to take place with opposing counsel before Court starts. You should try conduct all discussions related to the appearance before the Court starts as it can be difficult to speak to other parties once the Judge is sitting.
6.9 Stand, do not move around the Courtroom, face the bench and be silent when the Judge
enters or leaves the Court, and if the Judge bows to counsel, bow back. 6.10 If Court has already begun and the Judge is already sitting, then you need to bow when
entering and leaving the Courtroom for the first time, and the last time for the day. It is not necessary to bow each time you come in and out of the courtroom.
6.11 If your client is appearing, ensure that they are within earshot of the public address system,
or in the public gallery. Advise your client, if appropriate, to remove any headwear (hat, sunglasses, hoods) prior to entering the courtroom. Remind your client to turn off their cell phone, and ensure they are not chewing gum.
6.12 At the commencement of any court appearance, you should announce your appearance
with “May it please Your Honour (or Your Worship), counsel’s name is [insert] and I appear for [insert]”. Speak slowly and clearly, and if there is a possibility of error, spell your name. If you appear in front of a Judge or Community Magistrate regularly and they address you by name at the outset, it is still appropriate to begin the appearance with simply “May it please Your Honour (or Your Worship)”.
6.13 When in Court, only the speaking party should be standing when addressing the Court.
Sometimes in the Family Court the Judge may permit you to speak while seated, but ask before you do so.
6.14 If the Judge addresses you directly, then stand up. If the Judge addresses another party
while you are standing then sit down to enable the other party to stand.
6.15 Judges should be referred to as "Your Honour", "Sir", or "Ma'am". When a Justice of the Peace or a Community Magistrate is presiding, refer to them as "Your Worship".
6.16 Never talk over a Judge, Community Magistrate or Justice of the Peace, even if this means
stopping mid‐sentence.
6.17 Listen carefully to what the Judge says to you. If, for example, the Judge “invites you” to take
further instructions, then do it, even if you think you already know the answer or have sufficient instructions. It is not so much a suggestion as an expectation of what you should do.
6.18 When speaking in Court use a formal standard of language and courtesy in submissions, and
when addressing other parties. It is also generally appropriate to use an indirect form of speech when addressing the Court, for example “does your Honour wish me to proceed”.
6.19 Be prepared with what you want to say in Court, if necessary have it all written out in front
of you. Know what it is that you are asking the Judge to do. As with all other area’s of your practice, the key is to be fully prepared.
6.20 Be aware of the presence of microphones in the Court, and that everything you say is being
recorded, this can include during Court breaks. 6.21 If you need to approach the dock, the witness box, the Registrar or the Bench during an
appearance, you must seek permission from the Judge first and wait for it to be given. 6.22 If you are asked anything by the Judge and you are unsure of the answer it is advisable to
seek further instructions from your client. It is better to ask the Judge for further time to get instructions, than to proceed without the information.
6.23 If you are providing documents to the Court ensure that you bring sufficient copies to supply
to the Judge and opposing counsel, and a copy to retain on your file. Although it may be appropriate at times to request original documents back from the Court, for example, certificates, you should always have copies available as well.
6.24 Be sure before handing up a document that you have read the entire document properly, so
you can answer questions about it if necessary. Also, check to see if the document is or is not signed, and if not, know the reason.
6.25 Any decision of the Court should be acknowledged with “As Your Honour (or Your Worship)
pleases” regardless of whether the decision is in your favour or not. If at the end of a decision there are still matters outstanding, or that needs to be clarified, it is important to bring this to the attention of the Judge.
6.26 Even if your matter is finished, you should not leave the Courtroom until the next matter has
been called. 6.27 If you are the last lawyer in the Court, you cannot leave until either the Court adjourns or
the Judge excuses you. If you are the second to last lawyer, you should ask permission from the Court to leave, although in practice this does not often occur.
6.28 Before appearing in any Court, it is a good idea to spend at least an hour observing other
practitioners in the Court. Do they approach the Registrars directly, or only through the Court Runner? Is there a seat always occupied by a Duty Solicitor? Does the Prosecutor prefer to quietly discuss matters, or to be left a note?
6.29 Know your role in the proceedings. Do you appear on behalf of a Defendant? Accused? Prisoner? Respondent? Appellant? Is the other side the Prosecutor? Applicant? Crown? Plaintiff?
6.30 Before appearing in a new Court for the first time it is a good idea to check with other
practitioners, or the Registrar, if there are any protocols particular to the Court, any forms that you should be aware of, processes to be followed, or any other representatives in Court you should be cognisant of.
6.31 When appearing for the first time on a file it can helpful to ask the Registrar to see the Court
file. This way you can confirm that your understanding of the purpose of the appearance is the same as that of the Court, and to check that any documents that need to be before the Court actually are on the Court file.
6.32 If you are appearing regularly in Court, get to know your Judges. This way you can be
prepared for questions and matters that are going to be of a concern/interest to the particular Judge you are appearing in front of.
6.33 Show appropriate courtesy to the Court at all times. Cell phones should be switched off, or at a minimum, kept on silent. You should not text or email whilst in Court. Talking within the Courtroom should be kept to a minimum unless necessary and connected to your case. Do not take water bottles, coffee, tea or food into the Courtroom at any time.
6.34 If you need to move around the Courtroom at any time when another matter is proceeding
all movement should be as quiet and unobtrusive as possible. Do not walk between counsel talking and the Judge. You should not move around the courtroom when the Judge is speaking.
6.35 Remember that as an officer of the Court, part of your role is to uphold the image of the justice system and that your overriding duty at all times is to the Court.
Poor conduct by lawyers serves only to diminish the reputation of the legal profession as a whole.
7.0 MARKETING AND NETWORKING
MARKETING YOURSELF AND THE FIRM 7.1 Always look for opportunities to market the firm and increase your own profile as a lawyer. 7.2 Marketing can take many forms:
(a) Attending functions held by the firm to entertain clients.
(b) Writing articles for firm publications or newsletters. (c) Prospecting and bringing in new clients. (d) Assisting with the preparation of and/or presenting in‐house client seminars.
7.3 Clients are the life blood of any law firm. Your ability to bring in clients will be a huge asset
to the firm, possibly even more than your legal abilities. 7.4 Client referrals can come from a wide range of sources, some of which you would not
immediately think of such as friends or family friends, sports clubs, committees and other organisations that you may belong to. Even junior solicitors in large firms may be able to bring in new clients – you never know.
7.5 Cross‐selling involves being familiar with some of the other practice areas that your firm may
have. This means that you can bring a new client into the firm simply by knowing that your firm does that kind of work that the client may be looking for a lawyer to do.
7.6 Don’t be afraid to “blow your own trumpet” and make sure that your supervising partner is
aware of any new clients that you bring into the firm. This will not go unnoticed in the long term.
7.7 Ensure that your personal profile on your firm’s website (if you have one) is consistently
updated to reflect your increase in skills and experience along with any changes to your job title/position.
7.8 Always follow your firm’s brand guidelines when sending written or electronic
communications. This includes the use of firm approved e‐mail signatures. NETWORKING 7.9 Like it or not, networking in some form or another is a fact of life for lawyers and as well as
marketing the firm and yourself, networking is another vital skill which needs to be developed and practiced where possible.
7.10 Law is a social profession and marketing/networking can actually be fun, particularly when
combined with social events. 7.11 Attending social events such as RAM’s functions are a great way to network and to make the
whole process enjoyable.
7.12 Always be conscious of your behaviour in social settings. Whilst there is often alcohol on offer at social events, it is important to be careful in the amount consumed. This is particularly so when in the presence of senior practitioners, or members of the judiciary. It is easy to get carried away and having one too many could end up damaging your reputation. You should enjoy yourself, but it is equally important you are able to keep your wits about you at social events.
7.13 As well as increasing your own profile and in some cases, even making new friends, such
events give you an unparalleled opportunity to make contacts elsewhere within the legal profession.
7.14 Benefits of this can include:
(a) Referrals – particularly if someone’s firm does not do the particular type of work you do.
(b) It can also make it easier to work on a commercial transaction, conveyancing file or a court case when you know the person on the “other side”. The chances are, if you are working on the file, there will be someone of a similar level of experience working for the other side. That’s just common sense.
(c) It may even lead to a “heads‐up” on new jobs which may come up from time to time at
other firms, sometimes even before the job is advertised anywhere. (d) You might even make new friends simply by sharing and learning from other people’s
experiences. 7.15 Always remember to carry your business cards, no matter what the occasion. 7.16 The use of a business‐oriented social networking site such as LinkedIn can be a very useful
tool for professional networking. Make sure that you use this type of networking sensibly and ensure that you keep it updated with new positions/job titles, experiences and any firm changes.
7.17 It is extremely important to be circumspect about the use of social networking sites and
services such as Twitter in relation to comments about your work. A number of recent cases have shown that posting derogatory comments about your firm, clients or colleagues can be viewed as grounds for disciplinary action or dismissal and will certainly reflect upon you in an unflattering and unprofessional light. It should go without saying, but never ever post anything related to a client matter, whether it’s in the public arena or otherwise.
8.0 PROFESSIONAL PROBLEMS 8.1 Regardless of how familiar you are with this handbook, you will eventually encounter some
kind of professional problem. For ease of discussion, we will consider these problems to be those which affect you as a lawyer in your professional capacity (i.e. at work). This can range from sexual harassment in the work place and ethical issues (which are dealt with in chapters 9.0, 10.0 & 13.0) to problems with support staff, partners and other professional colleagues.
8.2 The range of answers are as varied as the number of different problems possible but we
have some useful suggestions to make. 8.3 Depending on the nature of the problem, there are several different avenues available to
you:
(a) One option is to do nothing. In many cases, problems are a ‘glitch’ and will go away after a short period of time and a good starting point is to ask yourself a question “does it really matter?”. If the answer to that question is no, then ignoring it may be the solution.
For other problems, this may not work. (b) In many instances, more senior staff may have experienced a similar problem and be
able to guide you towards a solution. Choose someone you can trust to be sensible and discreet or if you are working within a smaller firm or team, or the problem is especially sensitive, it may be necessary to go outside of the team/firm. Only you can judge that.
8.4 Keep cool. Do not send e‐mails while angry or in the heat of the moment. Once sent, an e‐
mail cannot be recalled and damage from them can be long lasting. If at all possible, write the e‐mail, save it and think about it overnight. In the cold light of a new day, an e‐mail may often seem foolish or inappropriate or require changes. It is usually preferable to talk to someone face‐to‐face rather than send an e‐mail as these can often be misinterpreted or taken out of context. This also applies to posting public comments on social networking sites that your colleagues and employers may have access to. Another disadvantage of email is that an email can be circulated quickly. We have all seen email exchanges between people that get forwarded around. How would you like to be the butt of those communications?
8.5 Above all, be discreet. You are a professional and have to always be conscious of your
professional image. The way you deal with a situation may come back and haunt you later on if not handled properly the first time.
PROBLEMS WITH PARTNERS 8.6 Dealing with partners can be the most difficult part of any young solicitor’s life. They are
your employers and can affect your entire future career as a lawyer. Partners are humans too and have the same weaknesses and idiosyncrasies as anyone else. They can get angry and can be irrational just as much as anyone.
8.7 Some tips when dealing with partner problems:
(a) Choose your time wisely. Partners are often very busy and may not respond well to being faced with a relatively trivial problem while in the middle of say, an important case
or major transaction. If necessary, make an appointment to see a partner at a suitable time when they are less busy and you will not be interrupted. First thing in the morning of after 5pm are often the better times to approach them.
(b) If appropriate, speak to the partner directly regarding a problem you may have with them.
(c) In some cases, it may be necessary for you to see another partner for guidance as to
how to approach the issue or for some support. Again, only you will be able to judge who to see and about what.
(d) Never gossip about problems you may have with partners within your firm nor discuss
professional problems with too many people. PROBLEMS WITH SUPPORT STAFF 8.8 Problems with support staff can involve a number of different things. They may involve work
which is not being done properly, is late or not in accordance with your firm’s policies or professional standards. Your duty to your firm and your client can mean that mistakes or problems you might otherwise be tempted to excuse need to be appropriately addressed.
8.9 In circumstances where work that is being sent to a client is carried out by your support staff
in your name, it should be checked by you prior to dispatch. This includes checking for any inconsistencies or changes to a previously approved draft and ensuring that the correct enclosures have been included.
8.10 Remember that letters and other correspondence being sent to clients or other practitioners
will be perceived as a direct reflection on your own standards and abilities as a lawyer and you will be judged accordingly.
8.11 Your relationship with your secretary is crucial, and communication with him or her is very
important and can avoid problems in the long run. It is almost impossible to overstate the importance of a junior solicitor’s relationship with his or her support staff and the development of a professional and positive relationship will in almost every case be linked to that solicitor’s success within a firm.
8.12 This relationship needs to be carefully maintained and if problems are emerging, dealt with
appropriately. Usually, this means discussing it with them and attempting to find a solution (which may involve a compromise or change in behaviour on your part also).
8.13 Secretaries may often have constructive suggestions for your dictation or work processes
which you should take on board. 8.14 If discussing a problem with them does not initially work, or the problem becomes worse or
serious, then your firm’s Human Resources department should be able to help deal with it. 8.15 Again, apply the “does it really matter?” test as a guide to how best to approach something. 8.16 Be conscious that secretaries often work with multiple authors and take this into account if
you have something urgent or time‐consuming coming up that you know about. If you make sure your secretary is kept up‐to‐date with these kinds of things, then they can plan and
prioritise their own work flow around it. This will hopefully avoid any unpleasant last minute surprises. Otherwise, as a rule of thumb, secretaries tend to prioritise work either on a “first in first served” basis, or on a “senior person first” basis.
8.17 If you need your secretary to stay late, give him/her plenty of notice so they can make
arrangements to do so. Ensure that their sacrifice is recognised both by yourself, and where appropriate, communicated to the supervising partner or their team leader. Taking part in “secret Santa’s” or providing your close team with a small gift at Christmas time can be an effective method of ensuring that they feel their work has been recognised.
8.18 It is very helpful to have a clear appreciation of the roles and responsibilities of each of the
support staff in your department. Many solicitors have caused a serious breakdown in their relationship with their staff through making misplaced assumptions about who was responsible for various tasks.
8.19 Never forget to ensure that your interaction with support staff should always be
professional and courteous in nature and that they are not present as a platform for your own ambitions or ego. Many partners, when assessing your performance within a firm, will discuss these matters with experienced support staff and give their opinions a considerable degree of weight. Always saying please and thank you, and treating support staff as you would wish to be treated can have a surprisingly positive effect on your relationship with those staff.
9.0 SEXUAL HARRASSMENT
WHAT IS SEXUAL HARRASSMENT?
9.1 The definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a
sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.”
Examples of sexual harassment include:
(a) Verbal or written
Comments about clothing, personal behaviour, or a person’s body; sexual or sex‐based jokes; requesting sexual favours or repeatedly asking a person out; sexual innuendoes; telling rumours about a person’s personal or sexual life; threatening a person.
(b) Physical assault
Impeding or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, fondling, touching, hugging, patting, stroking.
(c) Nonverbal
Looking up and down a person’s body; derogatory gestures or facial expressions of a sexual nature; following a person.
(d) Visual
Posters, drawings, pictures, screensavers or e‐mails of a sexual nature. 9.2 As a young practitioner, you may be particularly vulnerable to sexual harassment – it is
especially a problem with young female juniors and their male partners. You may feel pressure to accept behaviour that makes you feel uncomfortable because you don't want to damage your career prospects, or you want to "fit in" with your peers. If your colleague's behaviour makes you feel uncomfortable, then it is not acceptable.
9.3 How to deal with sexual harassment:
(a) Say “no” clearly Tell the person that his/her behaviour offends you. Firmly refuse all invitations. If the harassment doesn’t end promptly, write a letter asking the harasser to stop and keep a copy.
(b) Speak to a trusted friend or colleague
Ask for advice from someone you trust about the best way to deal with the situation.
(c) Write down what happened As soon as you experience the sexual harassment, start writing it down. Write down dates, places, times, and possible witnesses to what happened. If possible, ask your co‐workers to write down what they saw or heard.
(d) Report the harassment
Tell your supervisor, your Human Resources department or some other department or person within your law firm who has the power to stop the harassment.
(e) Start a paper trail
When you report the sexual harassment to your employer, do it in writing. Describe the problem and how you want it fixed. This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer.
(f) Use the grievance procedure at work
Many employers have policies for dealing with sexual harassment complaints. You may be able to resolve the problem through this process. To find out your employer’s policies, look in your employee manual/personnel policies and/or speak to your Human Resources department. It is important to follow your employer’s procedures.
(g) Speak to the Friends Panel
Contact ADLS Inc and speak to the "Friends Panel", which is a group of senior practitioners who provide a confidential support service to lawyers who wish to discuss professional matters outside of their office environment (see chapter 13 for Friends Panel).
OFFICE RELATIONSHIPS 9.4 Young professionals often spend more time at the office than at home. Consequently, there
are a lot of single men and women who don't have the time to meet new people. Naturally, they seek their potential partners within their surrounding environment – “the office”.
9.5 Office romances have their drawbacks. For example, no matter how well the relationship is
going, the situation itself can be a recipe for disaster. The fact that couples can be in constant contact with one another day and night, within what can often be a demanding and high pressure working environment, may cause friction within the relationship. Always remember that relationship problems or arguments should never be discussed in the office and certainly never in view of a client.
9.6 A general rule is "don't fish off the company pier". Casual flings or office‐party hook‐ups can
have a negative impact on your career, and may affect your professional image. 9.7 A potential alternative is to stick to the "one year" rule by only gradually letting a workplace
acquaintance become a friend. You will then be in a much better position to make a decision on pursuing a relationship.
9.8 Before beginning a relationship, consider its potential outcomes. If things don't work out,
will things become awkward? Prepare yourself for the unwanted situations that might follow. In order to be prepared, evaluate the likely success of such a relationship, the other persons position within the firm and the consequences of a break‐up.
9.9 If a serious work place relationship does develop, do not attempt to hide its existence from
the firm. While we are not advocating public displays of affection, it is a fact that almost all of these relationships are discovered at some stage and often lead your colleagues and senior partners to feel that their trust in you has been diminished by your attempts at deception.
10.0 DEALING WITH PEOPLE OUTSIDE THE FIRM
10.1 Read the Lawyers and Conveyancers Act 2006 as well as the advice published by the New
Zealand Law Society carefully to obtain an understanding of the basis of the ethical rules underpinning the profession. Remember, even if you are told to do something by a supervisor, the rules apply to you personally. There have been cases of junior practitioners being censured by the Law Society for doing or not doing a particular thing, even when acting on the instructions of a senior partner. This is because the obligations are yours, and you are expected to uphold your position as a member of the legal profession.
DEALING WITH CLIENTS 10.2 If you are the point of contact with the client, confirm instructions in writing to the client or
ask them to do so. This confirms the facts upon which you will be providing legal advice. Always ensure that there has been a letter of engagement communicated to the client and that they have agreed to its terms. Every firm has its own procedures for engaging a new client or beginning a new piece of work with them. Ensure that you are familiar with these and do not deviate from them.
10.3 If a client is “difficult” or if you feel “out of your depth”, involve a partner and always discuss
matters with them. Partners can also provide assistance with fee estimates and should approve / sign‐off any such correspondence sent to the client.
10.4 Keep the client informed of what is happening. Many, if not most, complaints start off with
simple matters which escalate because telephone messages are not returned or correspondence is not sent to the client telling them what is happening. This is especially true with estates and the Court process.
10.5 Everyone has “black” files. Bring them to the attention of a partner or speak with a member
of the Friends Panel, put the problem in perspective and deal with the matter. Delay may prejudice your position later and will frustrate the client.
10.6 If assistance or supervision is unavailable, a senior practitioner who you respect will almost
certainly be willing to discuss the matter on a confidential and free of charge basis (see chapter 13 for the Friends Panel).
10.7 Always keep file notes. While you should be keeping these anyway, this is especially true of
your dealings with clients. Someone who is a client one day, may be suing your firm at a later date and it may be your file note which saves the day.
DEALING WITH OTHER PRACTITIONERS 10.8 Undertakings must be strictly honoured. Do not give them without partner approval. In
some firms, undertakings can only be provided by the partner(s) of the firm. Remember that an undertaking is enforceable by a Court and involves the liability of all partners of a firm.
10.9 Return messages or respond to letters promptly. If you are unable to do so because of Court
or other commitments, at the very least, inform another practitioner or one of your support staff to contact the client to arrange a more convenient time to discuss their matters with them.
10.10 Professionalism is the key. Develop professional work habits right from the beginning. After
all, other practitioners know you, by and large, by your dealings with them and once spoiled, your reputation is very difficult to restore. It may be helpful to have a short list of the topics and points that you wish to cover in every phone conversation with another parties solicitor. It looks quite unprofessional to ring three times in quick succession to discuss matters which should have been finalised by one phone call.
10.10 It is important that you get to know your fellow practitioners. If you are working as a
barrister, other practitioners will be your source of work, assistance and companionship in your first few years.
DEALING WITH PROSECUTORS 10.11 If you are involved in criminal or quasi‐criminal work, you will likely have to deal with
prosecutors and police officers. It is not like the movies or on television. You will need to build a reputation based on mutual respect, which means surprise tactics and a bullying approach will not work.
10.12 Be firm but not impolite. You may be asked to agree to things which are not in your clients
best interests, remember that the more challenging course of action may be the right one for your client.
10.13 It is important that your relations with prosecutors are amicable. It is also important,
especially if working in criminal law, that your relations are not too amicable or you risk alienating your client.
10.14 It is important that you get to know your fellow practitioners. If you are working as a
barrister, other practitioners will be your source of work, assistance and companionship in your first few years.
11.0 AUCKLAND DISTRICT LAW SOCIETY INCORPORATED
11.1 Auckland District Law Society Incorporated (ADLS Inc) is a voluntary membership organisation offering lawyers, and those associated to the legal profession, high quality products and services enabling them to perform their roles efficiently, accurately and effectively. ADLS Inc provides resources and information for members of the legal profession, graduates and students, and the general public.
11.2 It aims to empower the legal profession to serve the community with skill and integrity and does this by:
(a) Providing high quality products and services to the legal profession in a cost‐effective
manner.
(b) Protecting and promoting the interests of the public by ensuring to the best of its ability the Society’s members maintain a proper standard of competence and professional integrity.
(c) Assisting members by promoting the interests of the legal profession in every way. 11.3 The Recently Admitted Members (RAMs) is one of the ADLS Inc committees which deals with
those practitioners who have held a practicing certificate for five years or less. At the time of writing, this group numbers approximately 800 (out of the 4,500 plus lawyers in Auckland). The RAMs Committee is made up of barristers and solicitors in their first five years of practice. You are able to put forward your name in the ADLS Inc annual committee nominations to become part of this committee.
11.4 RAMs organise a variety of social and networking functions (the benefits of which are
outlined in chapter 7.0 Marketing and Networking) as well as “serious” functions such as an annual recruitment seminar (which deals with careers in New Zealand, overseas prospects and finding subsequent jobs) and a successful Meet the Judiciary event.
11.5 Information about ADLS Inc, its committees, publications such as Law News and the Law
Society Bulletin, and the wide variety of member benefits including discounts on legal education papers and seminars can be found on the ADLS Inc website at www.adls.org.nz.
12.0 FRIENDS PANEL
12.1 The framework of ADLS Inc provides many services for practitioners. Just one of these very
useful and highly regarded services is the administration of a Friends Panel.
The Friends Panel is comprised of a group of senior practitioners who are available to provide confidential support to lawyers, whether newly admitted or longstanding. The service is available to all practitioners who may require assistance in respect of professional issues that arise within and outside their working environment.
12.2 Access to the Friends Panel offers lawyers the opportunity to communicate with an
experienced and skilled practitioner on a range of issues that may be of significance or concern. These issues might range from ethical dilemmas through to concerns about fellow colleagues and how to handle situations that arise from a professional point of view.
The Friends Panel is there for you, particularly if you require support that is not available from within your firm (i.e. assistance that is not realistically obtainable from work colleagues or firm partners).
12.3 The ADLS Inc website provides a link specifically designed to provide details of the Friends
Panel (www.adls.org.nz/informationforlawyers/friends‐panel). This includes a schedule containing information about those practitioners on the panel, how to contact them and the specialist areas about which they are able to offer assistance.
12.4 The service that the Friends Panel provides is absolutely confidential and no other party or
institution is involved with, or notified of, the advice that is provided or recommendations made.
12.5 Although the practitioners on the Friends Panel are always available, it should be
remembered that trivial matters may be dealt with more appropriately by other means. It is suggested that newly admitted practitioners may choose to use resources that are more readily available to them (i.e. reference to respected colleagues within their office environment where it is a relatively simple query about personal or professional issues).
13.0 RESOURCES OF INTEREST TO RAMS
LAW NEWS 13.1 This is a weekly publication produced by ADLS Inc which contains among other things articles
of interest to legal practitioners within the Auckland region and New Zealand, upcoming seminars and training programmes (which are often very useful to RAMs) and employment opportunities and vacancies at other firms.
THE LAW SOCIETY BULLETIN 13.2 ADLS Inc provides a weekly e‐mail update that includes all that is new in the New Zealand
legal profession including case law, new texts and legislative changes. LAW TALK & LAWPOINTS 13.3 Law Talk is a fortnightly publication produced by the New Zealand Law Society which
contains more articles of national significance and job vacancies in other centres. It also draws attention to upcoming events and information of relevance to practitioners.
13.4 LawPoints is a weekly e‐newsletter providing information on cases, law reform proposals,
professional development and announcements from the New Zealand Law Society. CAPITAL LETTER 13.5 This weekly publication summarises recent notable cases, significant parliamentary events,
Select Committee business and reports on the progress of Bills and legislative amendments. THE LAW SOCIETY STORE 13.6 The Law Society Store (located at Chancery Chambers, 2 Chancery Street, Auckland) sells a
large range of legal, finance and business publications along with hard copy legal forms and legislation. These materials are also available for purchase online at www.adls.org.nz
AUCKLAND DISTRICT LAW SOCIETY INCORPORATED WEBSITE (www.adls.org.nz) 13.7 This website allows people to quickly find a particular lawyer’s contact information,
information about ADLS Inc committees, upcoming seminars and of course the Recently Admitted Members (RAMs) section. This RAMs section provides information and registration details on upcoming RAMs events, seminars of interest, reviews and photographs from RAMs events.
NEW ZEALAND LAW SOCIETY WEBSITE (www.lawsociety.org.nz) 13.8 This website provides important news and submission information, regulations and rules for
lawyers along with a useful resources section.
NZLAWYER (www.nzlawyermagazine.co.nz) 13.9 NZLawyer is a weekly, legal news and opinion service designed specifically for New Zealand’s
legal professionals. 13.10 http://newzealand.govt.nz This portal has been developed considerably over the past few years and contains links to all
government resources and government agency websites which themselves are a wealth of information for RAMs with research assignment tasks (e.g. discussion papers and reports on various areas of law and issues of concern). The Law and Justice section is particularly useful.
13.11 www.companies.govt.nz
This website has a huge amount of information available immediately for free which includes the ability to check for registered office or address for a service or company or for more detailed information via your firm’s account with them. PPSR searches can also be requested here.
13.12 www.courts.govt.nz This contains the contact information for all Courts throughout the country which is a must‐
have for any aspiring young litigator. 13.13 www.legislation.govt.nz This website contains access to all New Zealand statutes free of charge. 13.14 www.lawcom.govt.nz
This website is the home of the New Zealand Law Commission, an independent Crown entity, and contains a variety of comprehensive reports and issues papers analysing the historical and current state of the law along with recommendations for its reform. It will often ask for submissions from practitioners to assist in its findings.
13.15 www.nzx.com NZX provides real‐time, delayed, end of day and historical data to customers generated by
trading activity on NZX's markets and is available directly from NZX or through licensed Data Distributors.
13.16 www.med.govt.nz View the latest news, publications and announcements from the Ministry of Economic
Development. 13.17 www.nzlii.org
The New Zealand Legal Information Institute (NZLII) is a joint project of the University of Otago Faculty of Law, University of Canterbury and the Australasian Legal Information
Institute (AustLII) with the assistance of the Law School, Victoria University of Wellington. It provides access to a wide range of New Zealand legislation and case law.
13.18 www.austlii.edu.au Austlii is the website of the Australasian Legal Information Institute and is part of a global
network of legal resources online. This includes legislation and case law from throughout Australasia (including New Zealand Court of Appeal decisions dating back to 1999). Through its links you are able to access similar resources for other countries including the United Kingdom and Ireland.
14.0 HEALTH AND WELLBEING 14.1 Good health means we can live to the full and reduce our risk of diseases such as diabetes
and heart disease as we grow older. What we eat throughout life is important in achieving good health – here are some simple guidelines to help you with this.
FOOD INTAKE
14.2 Eating a variety of foods in suitable amounts from all four food groups, will go a long way towards meeting your daily nutritional needs.
(a) Fruit and vegetables
Provide carbohydrates, fibre, vitamins and minerals, making them the perfect snack food. Adults need at least two servings of fruit and three of vegetables every day, with a serve being the amount that fits into the palm of your hand. Make your plate of vegetables as colourful as you can (e.g. red tomatoes, purple cabbage, orange carrots, green broccoli and yellow capsicums).
(b) Breads and cereals
Are high in carbohydrates and if wholegrain or wholemeal can also be a great source of fibre, vitamins and minerals. Adults need at least six serves each day. A ‘serve’ is approximately one roll, one medium slice of bread, ½ cup cooked porridge, ½ cup muesli, one cup cooked pasta or rice.
(c) Milk and dairy products
Are important sources of protein and calcium. Adults need 2‐3 serves every day. A ‘serve’ is one cup of milk, one bottle of yoghurt, two slices of cheese or two scoops of ice cream. Reduced or low fat options are lower in fat and saturated fat, but have higher calcium and protein, so make good choices for many.
(d) Meat
Meat and alternatives including lean meat, skinless poultry, seafood, eggs, dried peas, beans and lentils are great sources of protein and provide important vitamins and minerals such as iron and zinc. Adults need one or more servings each day; one ‘serve’ being two slices cooked meat, ¾ cup cooked mince, one medium fillet of cooked fish, one chicken drumstick, ¾ cup cooked beans (e.g. kidney beans or lentils).
14.3 Most Kiwi adults should choose foods, drinks and snacks lower in fat, salt and added sugar. Use cooking methods such as grilling, baking or microwaving instead of frying.
FLUID INTAKE 14.4 Adults need to drink enough fluid each day to ensure regular trips to the toilet. Drinking 2
litres of water a day is recommended. Fluids such as water, milk, tea, coffee and sugar‐free soft drinks are good choices, as is a juicy orange or pear. Fruit juice, energy, soft and sports drinks have a high sugar content, so should only be used drunk occasionally in small amounts.
14.4 Alcohol in moderation can be an enjoyable component of a balanced diet, but may have a
strong dehydrating effect, so should not be considered part of your daily fluid intake. The Alcohol Advisory Council of New Zealand (ALAC) recommends no more than 21 standard drinks of alcohol per week for men or 14 standard drinks for women.
14.5 This means a daily limit of three standard drinks for men, and two standard drinks for
women, with a ‘standard drink’ being 100ml glass of wine, 330ml can of beer and 30ml measure of spirits.
PHYSICAL ACTIVITY 14.6 Being active is important in maintaining a healthy body. It is recommended adults have at
least 30 minutes ‘moderate intensity’ physical activity on most, if not all, days of the week, and if possible add some vigorous exercise for extra health and fitness.
Source: NZ Nutrition Foundation (www.nutritionfoundation.org.nz)
MENTAL HEALTH
14.7 As a recently admitted practitioner you are likely to experience higher levels of stress during your first couple of years in practice than you have previously experienced. This is normal; all practitioners go through it and you will need to find your own way of managing and dealing with stress.
It is important that you are aware of your stress and do not let it turn into anything more serious.
14.8 This is not an exhaustive list, but this is a list of the commonly occurring symptoms of depression:
depressed mood, sadness and grief
apathy
problems with sleep (oversleeping or insomnia)
changes in appetite or weight
low energy or fatigue
poor concentration or indecisiveness
low self esteem
feelings of guilt, worthlessness, helplessness, hopelessness or rejection
reoccurring thoughts of self harm, death or suicide.
Source: www.lawyerswithdepression.com and www.depression.org.nz 14.9 If you experience these symptoms, your best resource is your doctor or general practitioner.
If you do not feel comfortable talking to them, or want more information, please look at the following websites:
www.lawyerswithdepression.com www.drstress.co.nz
www.depression.org.nz ERGONOMICS 14.10 Thinking about your posture when at work can minimise unnecessary risks of injury and
reduce forces acting on your body. All of us can use the following preventative tips:
(a) Know the warning signs of back pain caused by poor ergonomics and posture. Back pain may be the result of poor ergonomics and posture if the back pain is worse at certain times of day or week (such as after a long day of sitting in an office chair in front of a computer, but not during the weekends).
(b) Get up and move. As muscles tire, slouching, slumping, and other poor postures become
more likely; this in turn puts extra pressure on the neck and back. In order to maintain a relaxed yet supported posture, change positions frequently. One way is to take a break from sitting in an office chair every half hour for two minutes in order to stretch, stand, or wall.
(c) Keep the body in alignment while sitting in an office chair and while standing.
(d) Use posture‐friendly props and ergonomic office chairs when sitting. Supportive ergonomic “props” can help to take the strain and load off of the spine. Ergonomic chairs with an adjustable back support can be used at work. Proper corrective eyewear, positioning computer screens to your natural, resting eye position can also help to avoid leaning or straining the neck with the head tilted forward.
(e) Increase awareness of posture and ergonomics in everyday settings. Being aware of
posture and ergonomics at work, at home, and at play is a vital step towards instilling good posture and ergonomic techniques. This includes making conscious connections between episodes of back pain and specific situations where poor posture or ergonomics may be the root cause of the pain.
(f) Use exercise to help prevent injury and promote good posture. Regular exercise such as
walking, swimming, or bicycling will help the body stay aerobically conditioned, while specific strengthening exercises will help the muscles surrounding the back to stay strong. These benefits of exercise promote good posture, which will, in turn, further help to condition muscles and prevent injury.
(g) Wear supportive footwear when standing. Avoid regularly wearing high‐heeled shoes,
which can affect the body’s centre of gravity and change the alignment of the entire body, negatively affecting back support and posture.
(h) Remember good posture and ergonomics when in motion. Walking, lifting heavy
materials, holding a telephone, and typing are all moving activities that require attention to ergonomics and posture. It is important to maintain good posture even while moving to avoid injury. Back injuries are especially common while twisting and/or lifting and often occur because of awkward movement and control of the upper body weight alone.
(i) Create ergonomic physical environments and workspaces, such as for sitting in an office
chair at a computer. It does require a small investment of time to personalize the workspace, home, and car, but the payoff will be well worth it. Undue strain will be
placed on the structures of the spine unless the office chair, desk, keyboard, and computer screen, etc. are correctly positioned.
(j) Avoid overprotecting posture. Remember that it is important to maintain an overall
relaxed posture to avoid restricting movements by clenching muscles and adopting an unnatural, stiff posture.
Source: www.spine‐health.com
Auckland District Law Society Incorporated Chancery Chambers, 2 Chancery Street, Auckland 1010 PO Box 58, Shortland Street, Auckland 1140, DX CP24001
Phone: (09) 303 5270 Fax: (09) 309 3726 E‐mail: [email protected] Website: www.adls.org.nz