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.     

The Imprint of Childhood Physical and Emotional Abuse: A Case Study on the Use of EMDR to Address Anxiety and a Lack of Self-Esteem

This article examines the use of Eye Movement Desensitization and Reprocessing (EMDR) in helping a client address problems with persistent anxiety and a lack of self-esteem. During EMDR treatment, the client explored the dichotomous thinking that had plagued her since childhood, and correspondingly, the role of childhood physical and emotional abuse in her chronic feelings of inadequacy and anxiety. The client experienced significant improvement in her levels of anxiety and problems with self-esteem, both at the end of treatment and at 1-year follow up. Qualitative and quantitative data are utilized in this case study outlining the use of EMDR with a client diagnosed with dysthymic disorder.     

FAMILY COURT REFORM IN SIX PENNSYLVANIA COUNTIES

This article describes judicial behavior in local family court reform movements, vis-à-vis six case studies, as part of a larger study on the implementation of court-connected custody mediation in Pennsylvania. Research findings provide new insight into the initiation of change by judges at the local court level. When motivated to do so, family court judges in Pennsylvania bring about local reform independently and expeditiously. Judges who desire alternative methods to litigation of custody disputes implement court change with few organizational constraints: They decide how and when reform is to be implemented, and they assign nonjudicial professionals to assist in reform implementation. Finally, judges establish their own criteria for assessing the success of change initiated. Throughout reform movements, judges take on a variety of roles in bringing about change—first as reform activists, then as leaders in reform movements, and finally, as advisors in reform implementation. These case studies reveal the diversity in judicial style when court change is implemented; at the same time, similar court goals and objectives are obtained.     

Tasmania and the Secret Ballot

Encyclopaedias and handbooks, etc, all present Tasmania's starting date for implementing the secret ballot as 1858. But this research note argues the correct date was two years earlier in 1856. Moreover, before this, Tasmania's early 1830s participation in the Australia–wide proballot campaign, and its Constitutional inclinations towards the ballot have also been overlooked. To correct this omission relevant background is presented which highlights the riotous behaviour of pre–ballot elections. This is followed by a summary concerning the ballot's starting dates for Victoria and South Australia. Having confirmed these basic facts, further evidence is presented regarding Tasmania's true application of the secret ballot, including citations from a rare copy of the state's 1856 Electoral Act. In short, this "rediscovery" means that Tasmania definitely deserves a new place in the history of Australia's famous democratic innovation.     

Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.     

NASP program technology: An example of transfer benefit for the medical industry and spinback benefit for the government

Technology developed in the National Aero-Space Plane (NASP) program is finding its way into a variety of applications ranging from aerospace to automotive to medical. The NASP Technology Applications Integrated Product Team (IPT) is pursuing technology transfer opportunities to promote the wide use of NASP-developed or-inspired materials in these and other industries. While product innovations and enhancements serve the commercial sector well, they also spin back to the government in the form of cheaper, higher-performing systems and components.     

Reducing lockup crowding with expedited initial processing of minor offenders

This article assesses the effects of one jurisdiction's attempt to control its lockup population through creation of a separate processing center designed to expedite initial processing of individuals charged with misdemeanors and minor felonies. In the new center, cases were screened and initial hearings held around-the-clock, seven days per week. “Before” and “after” samples of arrestees are compared on prosecutorial screening time, time to court, and time in custody. The results show significant reductions in case screening and length of time to initial court hearing. Individuals released on recognizance and those with no charges filed spent significantly less time in custody and saved considerable bed space for the jurisdiction. Individuals with bond set experienced no reductions in length of custody. Collateral consequences of the new facility included improved procedural justice, expanded detention capacity in the county, and an end to part of the federal litigation.     

The effect of authority and social influence on eyewitness suggestibility and person recognition

This study investigated the influence of an authority figure on eyewitness identification. Participants watched a staged crime and then were administered a photo lineup by either an authority (policeman) or non-authority figure (civilian). Participants in the authority condition were more likely to choose a lineup member than those in the non-authority condition. There was no effect of authority, however, on the accuracy of the identification decisions. The lack of a deleterious effect suggests that the presence of a police officer during identification procedures does not create an unduly suggestive situation or have undesirable effects on eyewitness identification decisions. Although witnesses' choosing behaviors did not increase the rate of identification errors, the effect of the administrator's authority on choosing was reduced when unbiased instructions (vs. biased instructions) were presented to the witnesses. Thus, support was found for the use of neutral instructions during eyewitness identification procedures.