New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

Three cheers for liberal modesty

ABSTRACT

Many liberals have been immodest in postulating that their own progressive, secular liberalism is the only one that can be justified in public reason. In Liberalism’s Religion, I articulate a more modest theory of liberalism and religion. While I personally endorse progressive secular liberalism, I argue that it is only one of the reasonable conceptions of liberal justice. This liberal modesty has profound, hitherto unnoticed implications for (i) the role of religious arguments in the public sphere, (ii) the legitimacy of religious establishment, and (iii) the justifiability of religious exemptions. In this article, I defend these three claims by providing replies to my critics.     

The Effect of Negotiation Practices on the Relationship between Suppliers and Customers

This article examines the effects of negotiation practices, such as coercion and contract formality, on how suppliers and customers perceived the resulting business relationship. We conducted a purchasing negotiation simulation with students in a classroom setting in which participants competed for resources in a mock supply-chain context. The participants were surveyed at key stages of the ongoing negotiation in order to measure their behaviors as a customer–supplier relationship developed. The data were used to test several hypotheses developed from the marketing and purchasing literature. The hypotheses were analyzed using structural equation modeling.
Results demonstrated that the use of coercive techniques by negotiators during negotiation had a negative effect on satisfaction. In addition, the findings showed that, as expected, negotiators entering a negotiation with a cooperative orientation would tend to avoid the use of coercive practices during negotiation. The cooperative orientation also exhibited an unexpected positive effect on the formalization of the design of the contract between the parties. This study contributes to the current knowledge base focusing on the creation of agreements between companies and will, we hope, encourage the integration of suppliers and customers in an operating context within a supply-chain setting.     

Chapter 2: Pay Now So You Won't Pay Later: The Effectiveness of Prevention Programming in the Fight to Reduce Delinquency

Community-based delinquency prevention programs, designed to work with youth and families before they become involved with the official court process, are relatively rare. Likewise, few studies have been published concerninge valuative research on such programs. This article reviews some background on program concepts, describes the operations of the Oakland County Probate Court Youth Assistance casework services program, and reports the results of a comprehensive program evaluation project. The findings suggest that prevention programming is one effective strategy to aid in reducing the likelihood of more costly court interventions. Recommendations for program development are offered.