Where do you work, what’s your role?
I’m managing partner at Gallagher & Co, an arbitration, mediation and consultancy business, with four offices in New Zealand and four international locations.
Where did you study?
At the University of Waikato, where I completed an LLB and MMS (Hons) (Master of Management Studies).
What’s been your career to date?
How long have you got? In brief, my main careers have been: farming before moving to telecommunications engineering and technology, and finally to the law.
Our firm operates in three areas: law, telecommunications and IT. We provide detailed assistance to businesses and practitioners on compliance and systems operations that have cyber-security zero trust at the forefront.
How long have you been involved with The Law Association committees and which committees have you worked with?
Since 2010, when I became the inaugural convenor of the Technology & Law committee.
Why is committee work important?
The committee is a strong voice for maintaining a balance between innovation, regulation and legislation. We proactively guide and develop laws and educate practitioners in technology regulation that will pass the test of time.
Our approach is to help members maintain professional standards when using technology and make sure the legislative frameworks are not only fit-for-purpose but reality-tested so they can be realistically applied. It is our aim to make sure the use of technology innovation is responsible and practitioners are not charged with misconduct through a mistake of law.
How do The Law Association committees make a difference?
The committees are well recognised at the government level. Departments often approach us for our views and reflections in areas of law, especially when these overlap with new regulations or reviews, with the result being that many of our recommendations and concerns are eventually acted upon.
This allows committees to be at the forefront of making sure that practitioner voices are heard. We are on the frontlines just as they are, and we hear their concerns and can speak with one voice that is respected enough to be listened to.
Further, committees bring what we learn and what we have engaged with back to practitioners through CPD training, seminars, webinars and conferences. This places the committees in a unique place to help members and regulators through expertise and delivery, which help maintain professional standards, allowing lawyers to be the best they can be for their clients.
How do you see the role of a committee convenor? What specific skills do you think a convenor needs?
A committee convenor wears a number of hats. It is not easy and sometimes the time demands can be significant. Convenors must:
- be good communicators;
- be able to manage time well;
- be negotiators and mediators;
- be leaders, preferably transformational to help parties maintain a good balance of debate and inclusion;
- have a strong background in the practice area or at least an interest in it, as they must be able to move discussions along with the law, and raise questions and concerns; and
- have an understanding of practice, the risks and the needs of the current time.
What is your biggest frustration as a convenor?
Time. Practice is always very busy and sometimes client demands leave little time for anything else. This is where The Law Association committee secretaries are the biggest help. They provide invaluable support and pass on our feedback to the council and management groups. They help us with email distribution and management of agenda items, leaving us to write what is needed rather than get bogged down in follow-up and sending information to the right channels.
What’s been the most notable achievement or biggest focus of your committee over the past few years? Why was that important?
We have done so much. We have developed CPD that has really changed practitioners’ lives. We have educated and helped the government and seen our suggestions used. We have advised the former prime minister and our advisory was almost parroted by her, word for word. We have written white papers to assist the industry proactively.
This has given the committee a real sense of pride, developing events and information that we know is helping to make people’s lives a little bit easier. For the profession, it creates a set of guiding principles that can be used to protect against running afoul of the rules. For legislators, they know what questions to ask.
In all these areas it has given everyone on the committee a sense of pride that we have helped.
Over the past year, has your committee made submissions on a parliamentary bill or any consultation paper?
Yes, multiple. Here are some of the submissions our committee has worked on and been constantly involved in:
- Telecommunications Information Privacy Code Amendment No 7
- ASaTS (now STEP) Project
- submissions by ADLS (now The Law Association) to the NZ Commerce Commission on the copper withdrawal code
- Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Bill
- the regulation of lawyers and legal services in Aotearoa New Zealand.
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?
As a regular contributor to LawNews, I’ve commented on a range of topics, including digitisation of the courts, regulation of artificial intelligence, and concerns about facial recognition technology, and written articles myself. I see it as an important part of my role to raise awareness of issues at the intersection of the law and technology, especially since the use of technology continues to escalate.
What would you say to anyone thinking of becoming involved in a Law Association committee?
Do it – even if it is only for a short time. The collaboration and sense of achievement are very rewarding and will help you become a better lawyer, as well as help others to do the same.
What’s the biggest issue facing your practice area at the moment? And how does that affect lawyers and their clients?
AI would be the biggest issue at the moment. Concerns range from job loss to security problems. Clients see it as a quick tool to save money but don’t understand yet the difference between sales jargon and actual use.
Risks to the profession for adopting AI too soon without the right knowledge, and to clients for using AI-generated responses that simply are not legally sound, are increasing rapidly as AI apps multiply each day.
What’s the best-kept secret about The Law Association?
While it has only been five months since ADLS changed its name to The Law Association, the benefits of the name change are beginning to crystallise for our committee. Reflecting the organisation’s national footprint and avoiding some of the confusion associated with the New Zealand Law Society, the new name has helped our committee to capitalise on the experience, training and knowledge of our team. This is seen in the committee’s recent “AI and the law white paper”, which was published at the end of 2023.
What is the biggest issue facing the legal profession right now?
Economy downturn and clients questioning the hourly charge.
What is your vision for the legal profession in 2050?
My vision depends on the question. I see major changes and challenges in multiple areas: AI, the Lawyers and Conveyancers Act, policy, cyber-security and so on.
What do you think The Law Association could do to improve its offering to members?
There are a lot of things already in the works and I don’t want to comment yet as it will detract from what’s already underway. Over the years, I have mentioned blogs on the site for issues at the forefront and needing a more immediate response. We have done white papers and are doing another one soon. Podcasts for round-table discussions. These things bring attention to issues and flag that The Law Association is a leader in training and actively engaging with regulators to keep members ahead of the game.
One issue I have seen is that NZLS is dropping the ball on network support – ie, supporting lawyers (small to large) for compliance and oversight. Our association is in the perfect position to pick up this slack as there is a better overall committee engagement.
To find out more about the professional, collegiality, and networking opportunities associated with being involved in Law Association committee work, contact Daniel.Conway@thelawassociation.nz or Moira.McFarland@thelawassociation.nz.
0 Comments