The relationship between the New Zealand Law Society and Auckland District Law Society Inc needs urgent attention, after reaching an all-timelow following the ADLS decision to incorporate in August 2008, the society’s President, Anna Fitzgibbon, said in her report to the annual general meeting.
“Feelings were very strong on both sides of the debate and the result caused a severe blow to the working relationship between the two organisations. Many ADLS staff were put through a very testing time,” said Ms Fitzgibbon.
Her presidency had started with “what can only be described as a baptism of fire,” she said. “My priority in 2009 was to try and repair the rift. I feel on a personal level that much has been achieved, but that there is still a long way to go.
“In my meetings with practitioners in Auckland and around the country there has been a real desire expressed that the two organisations must make more of an effort to work out their differences and find a way to work together.
Whether this means an agreement that we should stay separate and each do our own thing, an agreement to exist and work together in a complementary way, or work back towards a model such as the One Society model is a critical issue which I believe needs to be the number one priority for ADLS Inc’s Council and ultimately our members this year.”
The report indicated that the society’s membership is just over 3000, about 600 of whom are outside the traditional Auckland region. Under the previous regime the society had 4500 members.
In response to a question, the President said six out of the 10 biggest firms fully supported the society and some individuals from the other big firms were also members. The society continued to provide a large number of benefits to its members and intended to provide an extended programme this year.
“ADLS Inc as a voluntary organisation without regulatory funding was not in a position to continue supporting the ADLS library, housed proudly in the High Court building for many years,” she said. “On January 31, 2009, the library was transferred to NZLS pursuant to the Lawyers & Conveyancers Act and became part of the NZLS national information network.
"Assets such as the ADLS rare book collection and regalia, for example, were not transferred.
“It was a very stressful time for everyone, especially the library staff, which was most unfortunate. I would like to repeat my sincere thanks to those library staff for their dedicated work for ADLS for many years,” the President said. “Helga Arlington, the Head Librarian, whose career in the library spanned more than 22 years, decided not to make the transition to NZLS and was made redundant. Helga was a wonderful librarian and someone many of us have known for most of our legal careers.
“ADLS Inc still retains a real interest in the operation of the library and has its own Library Committee, convened by Peter Twist. The Library Committee meets regularly in our building and makes sure it is up to speed with any issues affecting the library and the services it provides, for the benefit of the Auckland profession.”
The incorporated society’s 19 committees were its lifeblood, Ms Fitzgibbon said. The Continuing Legal Education (CLE) Committee, and Documents and Precedents Committee were particularly important to ADLS Inc.
They were responsible for the CLE programme and many forms and precedents were required by members in their practices.
They were valuable revenue generators for ADLS Inc and, like all the committees, were important in respect of professional collegiality. The President’s full report on the ADLS Inc website lists some of the issues with which the committees were involved in 2009.
The ongoing relationship between the society and the Real Estate Institute of New Zealand (REINZ) in the future was another item which was high on the agenda this year, Ms Fitzgibbon said, referring to the release of the REINZ “plain English” Agreement for the Sale and Purchase of Real Estate on July 1, 2008, which was a “significant departure” from the tried and tested jointly produced ADLS/REINZ 8th edition Agreement for the Sale and Purchase of Real Estate.
The new REINZ form had been a cause for real concern among property and commercial practitioners, she said. A commissioned report by Rod Thomas, an experienced commercial barrister and one of the authors of Brookers Land Law, had concluded that there were serious issues and dangers with the form.
The relationship between REINZ and ADLS Inc had been sorely tested, she said. Towards the end of last year representatives from the two organisations had met on a number of occasions to talk about their joint future. They were now working together on updating the ADLS/REINZ joint Agreement for the Sale and Purchase of Real Estate, together with the auction and tender forms and it was expected the revised documents would be available within the next couple of months.
The President outlined the changes which had been made to ADLS Inc’s structures reflective of the voluntary membership status. A new executive team is headed by Chief Executive Officer Gray
Paterson and staff members have been reduced from 60 to 20. Likewise the Council membership has been reduced from 18 to 10.
The society’s balance sheet continued to be very strong, the President reported. The audited accounts (which can also be seen on the society’s website) show a surplus for the period to September 30, 2009, of $487,421.
The President concluded her report on an optimistic note. “On a number of levels 2009 was a very difficult year,” she said. “The progress made despite the challenges has been very encouraging.
However, ADLS Inc cannot afford to be complacent and must be proactive about its future.” In this regard Ms Fitzgibbon asked: “What does the future look like? This question requires ADLS Inc
to consider its relationship with NZLS.”
The President said that, “as always”, she looked forward to receiving feedback from practitioners regarding the ADLS Inc and NZLS issue and other matters of concern to the profession.
The meeting carried a motion proposed by Waiheke barrister Ron Walden expressing the society’s support for lawyers, court staff and the judiciary in South Auckland whom, he said, were “under fire” following the publication of Dame Margaret Beazey’s report on legal aid in which she claimed “that up to 80 per cent of the lawyers practising in the Manukau District Court could be gaming the legal aid system”.
The motion acknowledged their valuable contribution in the diverse community and expressed gratitude to them.
The society’s newly elected Council comprises: President Anna Fitzgibbon, Kathryn Beck, Frank Godinet, Geoff Hardy, Jacque Lethbridge, David Roughan, Bernard Smith, William Spring and Sue
Styants.
The President’s full report is on the society’s website, www.adls.org.nz
By Graham Wear