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.     

Representational Altruism: The Wary Cooperator as Authoritative Decision Maker

What drives policymakers to put the interests of others above their own? If human nature is inherently selfish, it makes sense to institutionalize incentives that counter decision makers' temptations to use their positions to benefit themselves over others. A growing literature rooted in evolutionary theories of human behavior, however, suggests that humans, under certain circumstances, have inherent predispositions towards “representational altruism,” i.e., to make an authoritative decision to benefit another at one's own expense. Drawing on Hibbing and Alford's conception of the wary cooperator, a theoretical case is made for such behavioral expectations, which are confirmed in a series of original laboratory experiments.     

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.     

Flipping burgers or flipping pages? Student employment and academic attainment in post-Soviet Latvia

Latvian higher education has undergone a dramatic transition since 1991. This study employs a survey of nearly 1000 social science students studying in 13 different institutions in Latvia to consider the impact of the increase in the number of students who are working while studying. Evidence indicates employment has a strong and significant negative impact on school performance, and the negative impact increases as weekly hours worked increase. This manifests itself through reduced class attendance and reduced time spent in independent study. Finally, we find that the probability of student employment is most significantly affected by the availability of financial aid, gender, ethnicity, and age.