Briefcase: The rise of the self-litigant, Mai Chen, Sir Geoffrey and more

The rise of the self litigant...and his nasty cousin Mr Vexatious
Law students are routinely taught of two central legal figures, neither of whom is judicial or professional in the everyday sense of the legal word. The first is the man on the Island Bay bus (I went to Victoria University) and the second is the vexatious litigant.

The former is still the reasoned Mr Average, who we might characterise in the mould of someone like Peter Dunne – bland, big hair, deeply serious. The latter is less reasoned and more feisty, someone we might characterise as being in the mould of someone like Hone Harawira – bolshie, big mouth, deeply aggressive. 

The legal aid cutbacks and family law changes are likely to see an increase in the number of vexatious litigants as well as a new non-legal species, the "self litigant." These people have been spawned by government moves to reduce expenditure in the justice sector and see litigation at its lower level moved from the real lawyer to the lounge lawyer. Almost certainly the likely upshot will be an increase in litigation costs and roadblocks on the road to speedy justice.

Although the traditional barriers to litigation, such as costs and time constraints, still exist the changes afoot that will see parties forced into self litigation will doubtless see some find the experience to their liking while others will frustrate all and sundry with their courtroom antics and their inability to competently handle their cases. These are often the sort of people who see conspiracy and connivance at every turn.  

Senior barristers I have spoken to have indicated that self represented parties can take up to three times the time as long in court time than a lawyer. Further, the use of unfocused and lengthy affidavits in court proceedings and the potential  to have counsel appointed to assist an unrepresented party will add further costs. And the barristers are not the only ones concerned. A senior judge has confided he believes there could potentially be tens of millions of dollars in additional costs incurred through legal aid cutbacks and other measures that will almost certainly extend the time and expense of litigating.

The Law Commission is investigating the rules relating to preventing vexatious litigants from getting their foot in the courtroom door but their initial view on what should be done is relatively timid. The commissioners want, quite rightly, to preserve the access to justice but appear reluctant to take an approach that would have the vexatious litigants – such as Wellington’s Benjamin Easton, who has cost ratepayers more than$350,000 in useless, time-wasting court cases – kicked out sooner by adopting a lower threshold for rejection of pointless lawsuits.

It seems clear the hopelessly out-of-depth self litigant and his unruly cousin the vexatious litigant will combine to create their imperfect storm of litigation, leading to further costs and further delays – exactly the things the government has been wanting to contain.
 
Mai’s pleasure
Mai Chen did not delay finding a new partner to enter the square dance at Chen Palmer following this month’s departure of Susan Hornsby-Geluk to form her own employment firm next month. The “exciting” appointment to partnership of former Anderson Lloyd and Lane Neave partner Jim Castiglione, with particular expertise in resource management and environment law, has seen ChenPalmer return to the ranks of the multi-partner boutique. Let’s trust that Mr Castiglione, already a former partner in two firms and counsel at Meridian Energy and Telecom Mobile, has found a desk he likes keeping his feet under.

Sir Geoffrey’s displeasure
The opening of the swanky new and expensively redesigned Royal Wellington Golf Club course recently saw around 300 or more members experience the verdant, restyled greens and dry fairways in the refined atmosphere of Heretaunga. However, one member was severely displeased with the day, the course or what he had for breakfast, we can’t be sure. Sir Geoffrey Palmer made his displeasure known to those who needed to be informed and, with pursed lips and murmured expressions of disappointment all round, he took his leave on the opening day. Whether it is to another club or not remains to be seen. But there’s only one Royal Wellington and for a Knight of the Realm it seems only appropriate that he keep his locker and his sense of humour. Well, his locker anyway.
 
What Diligence?
Diligent Board Member Services is again in the gun over compliance issues and the fact must be an intense embarrassment – once again – to both the board and Stock Exchange compliance and regulatory expert, Buddle Findlay partner Mark Russell. The refusal of NZX for a waiver from listing rules that would permit Diligent to not use an auditor with a local licence, published on Monday, is yet a further serious securities compliance slip by the company and its directors. The latest regulatory bungle involves the company overlooking the Financial Reporting Act requirements and the company’s “lack of adequate processes in place to identify changes in New Zealand legislation that would affect its compliance obligation,” the NZX report said. 

 
“Friends, Romans, Chapman Tripp...“
Resigning from a law firm might be intimidating to some, particularly if the departure letter is to the supervising partner of a major firm, you might think.  However, the departure recently of one of Chapman Tripp’s qualified staff, after just one month filling a seat, was so over-the-top and crazy it drew the attention of the US blog AbovetheLaw. Writing to the partners in the vein of Julius Caesar, the departee wrote: 
Friends, Romans, countrymen, lend me your ears; I come to bury the law, not to praise it… You all did love law once, not without cause: what cause withholds you then to mourn for it?
My journey has been fleeting. It has been fleeting but eye-opening.
My drive is to create and innovate. I cannot follow this passion here.
I wish you all the best in living your passions and I leave you with a limerick:
A young clerk was fed up with the law. So he packed up and went for the door. Said his colleagues to him,“This decision is dim!” He replied: “You just wait what’s in store!”
(Read more.)
 
Quelle horreur!
I had a momentary, transitory feeling of empathy toward the parents of the Frenchwoman sentenced to two months’ jail by Judge Kevin Phillips in Queenstown this week for her driving escapades. The reason solely was a recent episode involving my daughter, who was involved in an accident on a French country road. It happened in snowy conditions and resulted in writing off two Citroens. It saw her hospitalised and involved with the gendarmerie.  Unlike Queenstown’s Ms Suptille, she co-operated and with some sage advice from a British QC with family links and with digs in the area she was able to avoid further action. She was never going to face the guillotine but who knows with the French?  They eat strange food. Ponsonby, not prison, beckoned. Dieu merci.

John Bowie is publisher of LawFuel