Where do you work, what’s your role?
I work as a barrister in Auckland and practise in the areas of mental health, family and criminal law.
Where did you study?
University of Auckland.
What’s been your career to date?
I started my career as a staff solicitor, mainly in litigation, until 1989 when I commenced practice as a barrister. As a barrister I have worked predominantly as a legal aid and duty lawyer in the District Court and as a youth advocate in the Youth Court. I was interested in mental health law and applied to be included as a lawyer on the mental health roster.
My work has leaned towards therapeutic jurisprudence. In addition to the Youth Court, I have worked as defence counsel in the Homeless Court and the Alcohol and Other Drug Treatment Court. I have also recently joined the list of counsel for the ‘subject person’ pursuant to the Protection of Personal and Property Rights Act 1988.
How long have you been involved with The Law Association committees and which committees have you worked with?
I have been involved with The Law Association Committees on and off for more than 26 years. I have specifically worked with the Legal Aid, Duty Solicitor and Children and Young Persons Committees.
I joined the Mental Health and Disability Law Committee in 2020 and have been a co-convenor for the past two years.
Why is committee work important?
It enables us to share issues of concern with a group of fellow practitioners and make decisions to try and improve legal practice in the area. Problems that arise in practice are often more easily resolved through a collaborative approach.
How do The Law Association committees make a difference?
I believe that the committees foster and strengthen collegiality among practitioners. They also allow open discussions around areas of legal practice, highlighting problems and trying to address them by formulating a united plan for change. As a committee, we can consider the issues and work towards seeing improvements. The Law Association has standing as a professional association and that’s helpful and more powerful than being a single voice.
How do you see the role of a committee convenor? What specific skills do you think a convenor needs?
The role of convenor is somewhat supervisory, overseeing the meetings and encouraging discussion but focusing on the issues at hand. The necessary skills include being organised and knowing the agenda and the most important points for discussion. You must be focused because the meetings are often only one hour. After the meeting it’s about following through with the plan and the decisions made through the minutes and making sure if there are tasks to be completed or any matter advanced, that it happens.
What is your biggest frustration as a convenor?
Change can be slow and despite our best efforts we cannot always achieve what we set out to do within our term in the role.
What’s been the most notable achievement or biggest focus of your committee over the past few years? Why was that important?
- We’ve facilitated collaboration with the Auckland district inspectors for mental health, which wasn’t happening previously.
- We’ve engaged with the directors of area mental health services to better understand the provision of mental health service in their areas.
- We conducted a survey for mental health lawyers in New Zealand to ascertain nationwide issues and where training needs lie, and we were able to pinpoint opportunities for further CPD training.
- We are liaising with the Minister of Justice to amend/improve the wording of relevant sections of the Mental Health (Compulsory Treatment and Assessment) Act 1992.
- We met with the Legal Services Agency regarding legal aid issues and how to improve processes for mental health.
- We invited a professor in disability law from India to speak at a law event arranged by the committee.
All these initiatives provided new learning and improved awareness from others working in mental health and disability law. Future training through CPD and highlighting the need for urgent change in the legislation ranked high on the committee’s agenda.
Over the past year, has your committee made submissions on a parliamentary bill or any consultation paper?
We made a submission to the Law Commission on the review of adult decision-making capacity on 10 March 2023.
What would you say to anyone thinking of becoming involved in a Law Association committee?
I believe you will gain a lot from it, and it will add to your legal experience. You’ll meet other colleagues and will find support as a practitioner through networking with others in your area of practice. This is particularly important for barristers who may not share chambers with other barristers.
For our own committee, we’d like to encourage more people to join us. We are rallying for more members now because we need some new faces!
What’s the biggest issue facing your practice area at the moment? And how does that affect lawyers and their clients?
Ensuring the legislation reflects the needs of clients/ patients while also considering safety issues for practitioners working in the area. Experienced lawyers need to be encouraged to continue working while also making themselves available to mentor younger lawyers in the field of mental health and disability. In this way, clients will be represented to a high standard to achieve the best outcomes.
What’s the best kept secret about The Law Association?
The Law Association employees are professional and committed to their roles. Our committee executive contributes much to our meetings and supports our members with the committee’s goals.
What is the biggest issue facing the legal profession right now?
I believe that maintaining a high standard of practice is vital for the profession. As lawyers, we must pursue justice in all respects. The world is ever changing with new challenges for legal professionals. Through freedom of speech, the cornerstone of our democracy, we must maintain our duty to our clients and be able to freely present all views without fear of discrimination.
Have you done any media interviews/ provided any statements to the media in the past year as a committee convenor and spokesperson for ADLS/The Law Association?
No.
What is your vision for the legal profession in 2050?
To continue working in the best interest of our clients and the public at large and to support the profession so we can stand united, presenting ourselves as professionals practising ethically and with integrity. We need to be seen to be doing the best possible work we can do.
What do you think The Law Association could do to improve its offering to members?
I’d like to see more collaboration through CPD events and social gatherings – getting together and meeting new people while encouraging our younger practitioners to join in!
To find out more about the professional, collegiality, and networking opportunities associated with being involved in The Law Association committee work, contact Daniel.conway@thelawassociation.nz or Moira.McFarland@thelawassociation.nz.
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