THE FUTURE FOR ADVOCATES AND ADVOCACY IN NEW ZEALAND CLIVE ELLIOTT QC JOSH MCBRIDE HONOR FORD - CHAIR: CHIEF JUSTICE DAME SIAN ELIAS CNZM - NZ BAR ...

Bar Leaders Panel 5

The Future for Advocates and Advocacy in
              New Zealand

 Chair: Chief Justice Dame Sian Elias CNZM
        Speakers: Stuart Grieve QC
             Clive Elliott QC
              Josh McBride
               Honor Ford                 Rotorua
                                21 September 2018

The Future for Advocates
and Advocacy in New Zealand

                              Rotorua
                    21 September 2018

We are now in the age of the internet
           and social media
• Instant communication via cell phones and
  associated Apps – Facebook, Instagram,
  Whatsapp, Snapchat
• Instant commentary on Twitter
• Huge potential world wide audiences

These 21st century realities have changed
   our personal and professional lives
• These radical changes will continue apace
• Anyone with a device now has a voice
• A platform to express their views and have
  those views seen and supported or rejected
  by others

Old norms, old customs and traditions
          are being altered

• Democracies are under stress
• Deep seated societal divisions
• Lack of political compromise is the new norm

The latest New Zealand word on this topic

• August 2018
• Paper by Sir Peter Gluckman & Kristiann Allen
• Understanding wellbeing in the context of
  rapid digital and associated transformations
• The International Network for Government
  Science Advice INGSA

Abstract
• Digital transformation is affecting every aspect of human endeavour
  to some degree, including generally accepted concepts within liberal
  democracies of privacy, autonomy, agency, and the implied contract
  between citizens and their governments. ……..
• it is apparent that digitalisation and its associated technologies are
  affecting established patterns of human activity and the human
  networks within which activities take place. There is evidence to
  suggest that rapid and pervasive change may affect the human
  brain’s ability to cope, ……….
• This is mirrored at a macro scale with our social institutions
  struggling to adapt to rapid technological change.

Introduction
• Digital transformation, with its many associated technologies, is
  arguably the most pervasive and rapid transformation that human
  society has seen, at least since the invention of the printing press.
  Nearly every aspect of human society, industry, organisation,
  economy and politics has been or is being transformed by it. …….
• The pace of introduction and adoption of these pervasive
  technologies is rapid and unprecedented. The effects of
  digitalisation are felt at all levels, from individuals, communities,
  societies to nation states. ………
• Governments, industry and civil society are all seeking to
  understand the impacts of this transformation.

Institutions are under threat

• What does this mean for our institutions?
• The Legal Profession
• The Bench
• The Bar

The Bar

• Much already written and will be written
  about changes to the conduct of litigation
• Impact of Information Technology
• Impact of Artificial Intelligence
• Possibly even robot technology

One of our fundamental
            “Institutions”
• The ethics of the conduct of litigation
• The trust between the Bench and Bar
• Will this “social institution” survive?

• Just prior to Winston Peters taking over as Acting
  Prime Minister
• Article by Heather du Plessis-Allan in NZ Herald
• Discussed “the game” of the media “Baiting
  Winston”
• A pertinent comment at the end of her piece

       “The most disappointing thing about Winston baiting is the
       media's inability to respect the office. Members of the media
       may not like Peters himself. They may want to fire him several
       times over. But right now they are not interviewing Peters.”

• "... The inability to respect the office .. "

Respect for the Office

• I ascribe a somewhat broader meaning to
  “the office”
• I include
  – The Judiciary
  – Counsel are “officers of the Court”

Respect for the Judicial Office
                is essential
• Entitled to courtesy, honesty and respect
• But additionally
• There is a reciprocal obligation on the
  judiciary

Respect for the Bar
• Judicial bullying has been a topic of recent comment
• There should be effective processes to deal with this
• Judges are entitled to expect competence, efficiency and
  judgment from counsel – and can therefore seek it
• It is the manner in which those judicial expectations are
  sought that needs to be courteous, respectful and fair

• The relationship between Bench and Bar is based on
  trust, confidence, competence, integrity and honesty
• These features of the relationship between Bench
  and Bar are crucial to the efficient disposal of
  litigation
• It is vital that the mutual respect currently enjoyed
  is maintained

The Challenge for the Future
• To prevent the negative forces of the technology age
  from impacting adversely on the Bench and Bar
  relationship

• To maintain the ethical traditions of litigation
  in the face of as yet unforeseen future change

Solutions to think about

•   Teaching
•   Professional Development
•   Chambers and Pupillage
•   Collegiality of the Bar
•   Mentoring