Holiday reading

Here are some interesting articles that were referenced in the last ADLS newsletter:

Bar still a lonely place for females - latest Aussie research:
http://www.theaustralian.com.au/business/legal-affairs/the-bar-is-still-a-lonely-place-for-women-barristers/story-e6frg97x-1225806760823

1/4 of UK firms expected to drop legal aid in the next 5 years (very relevant to NZ debate at the moment eh!):
http://www.lawgazette.co.uk/news/quarter-firms-expected-walk-away-legal-aid-next-five-years

The correlation between meths and increasing numbers of female inmates:
http://www.beehive.govt.nz/release/meth+offences+put+more+women+behind+bars

Ideas to grow your practice:
http://www.abanet.org/lpm/lpt/articles/mkt09091.shtml

Merry Christmas from the WIL Committee

Have a superb Christmas and summer break whatever you are up to. Keep an ear out for WIL events coming your way in 2010!

Could you live on $300 a week in your retirement?

If not check out: http://www.womeninsuper.org.nz/
The resources section makes interesting reading in particular.

We had a brilliant seminar by Tracey. The seminar highlighted that women simply are not saving enough/at all for their retirement - this is due to many reasons but the biggest thing we can do is take action and spread the word!

Michelle Obamas words of wisdom

In an interview for Glamour magazine in the States, Michelle Obama made some insightful comments about women putting themselves up further up their priority lists and putting themselves forward more:

"One thing that I've learned from male role models is that they don't hesitate to invest in themselves."

In answer to a question from Couric on how she keeps her sanity, Mrs Obama replied: "I have always tried to put my kids first, and then put myself a really close second, as opposed to fifth or seventh.

Market focus on Women

http://www.stuff.co.nz/life-style/2985632/Womens-revolution-of-dissatisfaction

Sort your wardrobe and help refugee women

Time for a spring clear out of your wardrobe, in a very good cause

– the 6th Annual Preloved Fashion Sale which will happen on 13 March 2010

 

With the long holiday weekend coming up and spring hopefully about to burst into our lives, it’s time to take an hour, or even hours, to dig deep into the jungle that is your wardrobe.

When you’ve finished you’ll have beautifully sorted rails and drawers and the satisfaction of knowing that your cast offs will be helping New Horizons for Women Trust, which provides second chance education awards for women, and supporting refugee women through Wellington’s ChangeMakers Refugee Forum.

So go on, get the whole lot out on the bed and play dress ups. Be brutal - analyse that apparel, sift those shirts, skirts and shirts, think through those threads, weed out that wedding clobber, let go those gowns and liberate those labels!

Four steps to sorting success :

A. I still love it and will wear it in the next twelve months - hang it up, fold it up, tidy it up and put it away.

 

B.It doesn’t still thrill or doesn’t still fit, but it’s still in good condition and someone else will love it – stash it in a bag for the Preloved Fashion Sale. 

 

C. Drop off your bags at one of our pick-up points or email me with your address and phone number and I will arrange to have your bags picked up from your home.

 

D. Congratulate yourself on a good job done and enjoy that oh so organised, uncluttered feeling.

 

Have fun!

 

Any queries, drop me an email or give me  a ring.

 

DROP OFF POINTS

City - Madame Fancy Pants, 217 Cuba Street

City - The Mews, SSC Building, Molesworth Street

City – The Johnson Group, Level 2 BERL House, 108 The Terrace

Khandallah – Taylors Dry Cleaning, Ganges Road

Newtown – Next Stop Earth Florists, Constable Street

 

 

Hazel Kirkham - Donations

 

Preloved Fashion Sale

13 March 2010,9am-noon at Wesley Church Hall, Taranaki Street, Wellington

 

prelovedfashion@paradise.net.nz, 021 383 226

 

Proudly supported by Rembrandt Suiting,  Massey School of Design, Deborah East of Remax, the Zonta Club of Wellington, Taylors Drycleaners Khandallah

Australia: Women aim for equal split in taking silk

Women are on the verge of a growth phase at the bar despite concerns about pay levels and the reluctance of corporate Australia to follow the lead of the public sector and embrace equitable briefing. NSW Bar Association president Anna Katzmann SC comments:

http://www.theaustralian.news.com.au/business/story/0,28124,26152257-17044,00.html

Want to join a partnership?

For an insight into the various pathways and consequences of joining a partnership check out:
http://au.legalbusinessonline.com/news/analysis/joining-the-partnership/37445

Looking for a bus to Toast?

The Young Lawyers' Committee is putting on a bus to the Toast Martinborough event - 15th November.
$25 for a return trip Wellington -Martinborough Square.

For more details email - kylie.panckhurst@simpsongrierson.com
Spaces are very limited so get in quick!

So you want to be a Politician? 16/09/09

16th September 2009 - So you want to be a Politician?

Ever thought of crossing to the otherside?

Don't miss out!

An insightful evening awaits.

16 September 2009

Drinks and nibbles from 5.30pm

Panel discussion from 6pm.

Men and Women are welcome.

RSVPs by 9th September to rsvp@simpsongrierson.com

http://www.wellaw.co.nz/Portals/1/docs/WWIL%20Politician%20Event%20WLG%2016%20Sept%2009%20.pdf

We've come a long way - check out this 1963 report!

Click on the images to make them larger.

Chief Justice Address and Comments

Interesting reading on taking a fresh look at the sentencing and prison system in New Zealand:

The Chief Justice's speech:
http://www.wellaw.co.nz/Portals/1/docs/Shirley%20Smith%202009%20lecture-Blameless%20Babes-9%20July%202009.pdf

Comments:

http://nz.news.yahoo.com/a/-/latest/5736814/top-judges-comments-criticised-by-pm/

http://www.pundit.co.nz/content/simon-to-sian-shut-up-please

http://www.stuff.co.nz/national/blogs/on-the-house/2600772/Dame-Sians-last-stand

http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10585005's

UK women solicitors earn 29% less than their male counterpart

http://www.lawfuel.co.nz/news/article.asp?NewsID=934

New Zealand Global Women Group established to foster leadership

http://www.stuff.co.nz/business/opinion/2579831/Sisters-are-doin-it-for-themselve

Younger women and older men dominating the legal profession

* The percentage of female lawyers had almost doubled, from 24 percent in 1991 to 42 percent in 2006.

*As well as proportionally fewer men becoming lawyers, the average age of male lawyers was increasing - in 1991, they tended to be in their early 40s, while in 2006 most were over 50.

*Researchers found women working as doctors and lawyers appeared to leave the profession in their late 20s and early 30s, then returned in their late 30s and early 40s

Check out this article on recent research results by the EEO:
http://www.stuff.co.nz/national/2579981/Younger-women-older-men-dominate-professions

Working Women article - APP 18/06/2009

Working women still disadvantaged
AAP http://www.stuff.co.nz/life-style/2513280/Working-women-still-disadvantaged
18/06/2009

Women are disadvantaged from the moment they enter the workforce and the trend continues as they climb the corporate ladder, an equal opportunity group says.

The Equal Opportunity of Women in the Workplace Agency (EOWA) released a report by Macquarie University, highlighting the hurdles working women continue to face. It shows women remain dramatically under represented in senior leadership roles. For every woman serving as a board director in Australia, there are about 12 men in board director positions. The report also says women at the executive manager level are either funnelled into support roles or fare badly in the wage stakes compared to their male counterparts.

"Sadly, regardless of which way you look at the data, women are still disadvantaged and their skills are being underutilised," EOWA acting director Mairi Steele said. "More women are leaving university with qualifications and yet as soon as they enter the workforce there is a gender pay gap." She said fewer doors were being opened for women seeking to enter senior executive positions. Assumptions were made about women's ambition and their commitment to their careers, she said. "At the end of the day, women are still subjected to bias and discrimination. We eventually have to look at corporate culture," Ms Steele said.

The report -- Pay, Power and Position: Beyond the 2008 EOWA Australian Census of Women in Leadership -- was released as part of a Symposium in Canberra. Federal Minister for the Status of Women Tanya Plibersek took the opportunity on Wednesday to remind Australians how far women had come. She noted Australia now had a female Governor-General in Quentin Bryce, while Julia Gillard was the deputy prime minister. "Many women have achieved high office, good pay, significant influence, but I do not think we can say yet that equality has been won," she said.
"Not when so many women are stretched between paid work and caring obligations, unable to perform their many roles as well as they want. "And not when women earn 83 cents for every dollar men earn." Ms Plibersek and Ms Steele said it was up to individual businesses to ensure real change occurred.

Guantanamo Bay Seminar 23 July 2008

Justice Sandra Day O'Connor , “Guantanamo Bay: Legal Black Hole?”
It was standing room only to listen to former United States Supreme Court Justice Sandra Day O'Connor on Wednesday 23 July 2008.
The Justice’s address on “Guantanamo Bay: Legal Black Hole?” attracted large numbers from the VUW Law School, law practitioners, and many others from differing walks of life.
Two lecture rooms were packed and there was apparently a third with an audiovisual, arrangement.
Justice O’Connor is accustomed to large audiences – I have been told she has addressed 20,000.
This was a public seminar arranged by the Victoria University of Wellington Faculty of Law. Justice Sandra Day O'Connor’s two week visit to New Zealand was through the Law School of the University of Canterbury and, in particular, Professor Stephen Todd.
Professor Tony Smith, the Dean of Law, was among those who welcomed Justice Sandra Day O'Connor. In his welcome Professor Smith referred to the Justice’s distinguished career, which has included 25 years on the Supreme Court during which time she delivered many significant decisions.
Justice Sandra Day O'Connor commenced by commenting that she knows that the treatment in Guantanamo Bay is of interest throughout the world.
The theme of the Justice’s address was how the United States Supreme Court has dealt with these issues, and on other cases around the world.
Historical context
The Judge provided historical context and referred back to the 1860s when there was a conflict between the Executive and the Judiciary. President Lincoln was determined defendants would be tried by the military courts, but the Supreme Court rejected this and found that military courts had no jurisdiction over non-military people. President Lincoln said during wartime habeas corpus could be suspended. The Supreme Court disagreed.
Justice O’Connor commented that looking at the past, she does not think that the United States has always struck the right balance between national security and human liberty. She commented, though, that President Lincoln was probably justified in all the circumstances.
Establishment of Detention Centre at Guantanamo Bay
Justice O’Connor then spoke on how the US Congress provided the President with the powers enabling him to set up a detention centre at Guantanamo Bay. These actions have produced four US Supreme Court decisions so far, which the Judge deftly took us through with reference to international human rights.
Separation of Powers
Justice O’Connor observed that it is a major concern when a court is acting contrary to other branches of government (the President and the Congress) as these are the elected representatives, and we have a situation of one branch overruling the other two branches.
Courts of other countries
Justice O’Connor also traversed the decisions of the Canadian Supreme Court, and discussed the situation in other jurisdictions such as Germany, the United Kingdom and Australia.
In response to a question from the floor, Justice O’Connor commented that she cannot speak for the Court as a whole, but she likes to know what other nations are doing in addressing similar issues, and she finds what other nations are doing very interesting. The Judge herself is happy to look at articles and academic writing. Justice O’Connor commented in answer to another question, that there are members of the US Supreme Court who take the position that the decisions of foreign courts should not be considered when considering US constitutional law, but the Court is not of one mind on that.
Justice Sandra Day O’Connor authoritatively and decisively provided her address and replied to questions. The audiences in all the packed lecture rooms were most appreciative to have this valuable opportunity.

Justice Sandra Day O’Connor - 4 August 08 Lawtalk Article

The Wellington District Law Society Women in Law Committee was delighted to welcome retired U.S. Supreme Court Judge, Justice Sandra Day O’Connor at an informal gathering on Tuesday 22 July.

Justice O’Connor was in New Zealand for two weeks, and the Judge had a busy itinerary arranged through the Law School of the University of Canterbury, in particular, Professor Stephen Todd.

Justice O’Connor was enjoying catching up with her friends Denis and Anne McLean, whom she knew well from Denis’ posting as New Zealand’s Ambassador to Washington, and with whom she was staying in Wellington.

The Hon Justice Ellen France gave a short speech on behalf of the Judges, the Law Society and the many attendees. In her welcoming remarks the Hon Ellen France referred to Justice O’Connor’s reticence when approached by President Ronald Reagan to be the first woman appointed to the Supreme Court. The Hon Justice Ellen France referred to the pivotal part Justice O’Connor played as the deciding judge in important decisions over the 24 years she was a member of the Supreme Court, and her being a role model for women. With Justice O'Connor's retirement, however, only one woman remains on the U.S. Supreme Court - Ruth Bader Ginsberg who was appointed by President Clinton in 1993.

At 78 years of age, Justice O’Connor addressed the gathering without any notes and with tremendous energy. She first visited New Zealand 30 years ago to walk the Milford Track and was very pleased to be back here.

Justice O’Connor spoke on the history of the development of the rule of law in the United States and the similar systems New Zealand and the United States share.

Justice O’Connor also referred to the importance of the courts being accessible, and people knowing that judges are human. She expressed her concern that about half of the U.S. States do not require civics to be taught at schools. In her retirement Justice O’Connor is working on tools to address this through education, using a computer system based on computer games.

The Justice has seen an entire revolution in her life time – today women have the right to vote and women lawyers can get jobs out of law school. Justice O’Connor commented on the position of women in the law in our respective countries. She is of the view that the position of women in the law in New Zealand is more developed than in the United States. She herself was among the only 1% of the Stanford women who graduated in 1952, and she spoke on the challenges she had trying to get her first job. Today over 50% of law students in the United States are women; and she noted that in New Zealand it is higher.

She observed that a challenge before women is that at some point women will discover they want to have children and a family. She herself had to stop work for 5 years to look after her three children. Justice O’Connor spoke on the importance of women not getting derailed.

Justice O’Connor downplayed her role on the minority of some key Supreme Court decisions, commenting that there is a discretion on which cases to accept to hear and that those cases the Court does choose to hear have good arguments on either side.

She also spoke on the appointment process to the Supreme Court, commenting that the rigorous process of putting questions to, and seeking answers from, nominees is a good one as it gives the public a glimpse of the views held by the nominated Supreme Court Judge.

The Wellington District Law Society is most grateful that Justice Sandra Day O’Connor shared her time with us in Wellington.

President’s Lunch – Judith Hanratty Address 12 MArch 08

Judith Hanratty, barrister, Company Secretary and Counsel of BP plc until 2004, who is now a Director of the UK Gas and Electricity Authority provided an insightful and inspiring address at the President’s Lunch on Wednesday 12 March 2008. She was awarded an OBE for her services to the Oil and Gas industry in the UK in 2002 and more recently has been appointed a Commander of the Royal Victorian Order.

This was the first President’s Lunch during the term of our President, Richard Fowler. In introducing Judith Hanratty, Richard Fowler paid tribute to Judith’s career which includes being our highest serving corporate lawyer and her central role in the energy sector in the Northern hemisphere. She is one of the highest-achieving Kiwi women in international business circles.

Colleagues from throughout the profession gathered at Russell McVeagh’s offices, for a lunch generously hosted by Russell McVeagh.

It was a remarkable privilege to meet with Judith Hanratty. Judith was born in Wellington and completed a Bachelor of Laws and later Master of Laws with Honours at Victoria University. In 1986 Judith’s career took her to BP’s head office in London, though she does visit her New Zealand home each summer.

Judith was heavily involved in some of the biggest global oil deals of the 1980s and was the most senior woman in BP throughout her time with the oil giant in London. Judith is still in the energy business as a member of the UK Gas and Electricity Authority. Her personal views on the worldwide future of energy, and comments on her role as a regulator were insightful and fascinating.

Judith’s address was packed with thoughtful observations and facts and figures on oil and gas and other forms of energy generation, how this interplays in the world economy, and affects us in New Zealand both in the present and into the future.

There has been rapid change in the energy sector in recent years. The price of oil is at its all time record, and unfortunately, at least in the medium term, the era of cheap energy is behind us. Energy security and access to reliable energy are key issues for governments worldwide. The world is becoming steadily more dependant on traded oil and gas. Twenty years ago world oil trading accounted for 45% of supply. That figure is now nearly 70%.

Judith commented that growth in the trade of oil and gas is actually a good thing as it is an indication that the markets are resilient, robust and strong, and free trade creates mutual dependence and mutual advantage.

For all of us worldwide this means that we have to ensure in each country that the domestic market is well integrated into the global energy market. And while we may strive for self sufficiency, we can never know what is around the corner – there is always the possibility of the unknown exemplified for the US by Hurricane Katrina.

Looking forward, energy demand is expected to rise by 50% in the next 20 years - 70% from developing countries and 30% of that just from China.

Alternative forms of energy generation such as wind, solar and biofuels, are growing. For the time being we are reliant on fossil fuels. Judith spoke on the world’s oil and gas future production and how they are still central to the world’s supply for some time.

Judith spoke on the challenges of production (pipelines, geography, engineering and the politics), and other pressures on the industry such as climate change.

For us as lawyers, there are other implications. Judith commented on the great need for lawyers in this environment. Meeting the future challenges will require cross-industry collaboration which in turn requires agreements. Agreements can break down and then too more lawyers are required.

It was fascinating to learn that with the strides in disposal of nuclear waste, nuclear energy could perhaps be an option 10 to 15 years out for those who have not yet got it.

Judith also commented on future issues in the energy sector, which include investment, standardisation, and getting efficiency into the sector; and on emissions trading schemes. She referred to some of the issues arising now in regulation, particularly in the UK.

This was a comprehensive, thorough and knowledgeable briefing on the energy sector from a business leader and lawyer who knows the sector inside out and has immense breadth of experience.

Andrew Butler, Partner in Russell McVeagh in his vote of thanks acknowledged how Judith had taken us through the vast range of developments affecting energy and in a way that all of us could understand and tap into. She had communicated complex ideas in a way that could be readily understood.

My grateful thanks to Judith Hanratty for her assistance with this article.

Wanted women who started in the legal profession over 25 years ago...

A Path Well-Paved

The WDLS Woman-in-Law Committee is interested in hearing from women who started out their legal professional career more than 25 years ago. We want, and need, to learn from “ngā wāhine toa nei” who paved the way.

Many of those women, to their credit and to our blessing, still hold a current practicing certificate and work in our privileged profession in significant numbers. These women have excelled. They managed to adapt to a traditionally conservative, male-dominated profession and, over time, even helped to rewrite the rulebook to the benefit of both women and men. They are our role models. So, who are they and where are they?

Of those women still in practice in the Wellington District, two were admitted in the 1950s, one in the 1960s, 38 in the 1970s and 15 in the 1980s. In total there are 56 women still with a current practicing certificate who were admitted more than 25 years ago. They are now in virtually all legal work environments: the judiciary, private firms, public sector, and in chambers. It is the journey to this point that we hope to capture and share with you through this column.

In reviewing previous articles on women in the legal profession written in Council Brief and Law Talk, papers presented at conferences, speeches etc., a common thread emerged. There was a single-mindedness; a strength that each of these women obviously possessed and a confidence in their own worth.

Much has been written over the years about the different ways the legal profession could support women lawyers trying to balance professional and personal development/commitments – for example, flexible hours, job sharing, part-time hours, childcare friendly policies, etc. We do not intend to revisit these issues. Instead, we will focus on the ways in which women have dealt with and resolved these issues in their own lives. We want to provide some ingredients for you to create your individual recipe for balancing your personal and professional aspirations and challenges. Most likely there will not be a formal “cookbook” in your workplace - the onus will be on the individual to write their own.

We have got women entering the legal profession in great numbers now, so what can they learn from “ngā wāhine toa nei” that will help them to nurture and develop their legal careers? How can we help them to create their own unique recipe?
Watch this space!

If you were admitted more than 25 years ago and would be willing to answer some questions about your journey in the law, please contact Ruth Nichols on (04) 924 3749, or ruth.nichols@comcom.govt.nz We would love to hear from you.

SHIRLEY SMITH INAUGURAL ADDRESS

The Inaugural Shirley Smith Address will be held on Thursday 18 September 2008. The Speaker of the House, Honourable Margaret Wilson, will present the keynote address, with Dr George Barton QC sharing his thoughts on Shirley’s life in the law. This address is open to the public. There is no charge to attend. The address has been made possible thanks to the generous support of the New Zealand Law Foundation, Chapman Tripp and the Victoria Law School.

The Committee hopes that this address, and those in the future, will promote the intellect, passion, strength and commitment that our profession demands and deserves, as embodied by Shirley’s life in the law.

The Wellington District Law Society’s Women-in-Law Committee invites you to hear from one of New Zealand’s most accomplished women of the law today, Hon Margaret Wilson, and to honour one of New Zealand’s truly great women of the law, Shirley Smith. Shirley shattered “glass ceilings, took on the establishment and won, and excelled both as an academic and as a practitioner. The following account of Shirley’s life in the law is adapted from eulogies given earlier this year following Shirley’s passing.

Shirley Smith had “been around” the law from a young age. Her father had his law office in Woodward Street in the 1920s, before his elevation to the bench. Shirley would go to the office at the end of the Queen Margaret school day, to wait for her father to take her home. While waiting she could hope to be entertained by his law clerk, Robin Cook, later our most distinguished jurist, - her friend.

Shirley’s father discouraged her early interest in the law – law was no career for a woman; it was “too sordid”. It was not until a lecture in New York in the late 1940s that Shirley’s interest in the law ignited into action. She recalled the incident in an interview with Neville Glasgow on National Radio in January 1989:
“I went to a lecture given by a woman lawyer from the Status of Women Commission. She stood up there on the platform. I can still see her in my mind’s eye – a slim figure in a black suit who proceeded to speak in a most competent and fluent manner. What her subject was I have no idea. I didn’t really take it in at the time because I was so fixated on looking at the slim figure in her black suit. And I said to myself: “You are a lawyer. If you can do it, I can”.

Shirley herself became for many young law students that “woman in the black suit”. Her subsequent achievements, particularly with the Law Society, led to New Zealand’s first woman QC – now the Chief Justice Sian Elias – who, on being called to the Inner Bar, acknowledged Shirley’s role in the law in her address. We understand that, at the mention of Shirley’s name, every woman present rose to her feet to share in that acknowledgement.

On returning to New Zealand in 1951, and with little initial support from family and friends, she enrolled in the Law Faculty of Victoria University in 1952. She was 35 years old at the time. She graduated in 1957 and was admitted that year to the role of barrister and solicitor. At that time she was the 41st woman in New Zealand to be admitted, notwithstanding that it had been 60 years since the first woman had been admitted.
Few women at Law School

There were only about five women in Shirley’s class at law school, and the whole law school was male dominated to the point where one lecturer even refused to let women students attend his lectures, and the traditional law faculty club’s annual dinner excluded women from attending.

The male lecturer who excluded women died before Shirley was due to take his class so she did not have to address that inequality, but she was outraged by the exclusion of women. Shirley took on the faculty in relation to the dinner exclusion, calling a special general meeting, having first enlisted the support of a number of sympathetic male colleagues. She addressed the meeting, adopting not the tone of outrage in principle, but of humour and persuasion, and the decision was reversed.

Perhaps not surprisingly Shirley was the only female student to attend the dinner. By the time she returned to the faculty as a lecturer, the dinners had reverted to men only affairs, and Shirley was once again instrumental in, this time, bringing about a permanent change.

At around the same time, she took on both the Wellington District Law Society and the New Zealand Law Society on the same issue: the policy of excluding women lawyers from their dinners – another battle she won and a significant achievement at the time.
Lecturer at Victoria

Shortly after graduating, Shirley was asked to accept a position as a lecturer at the Law Faculty of Victoria. In accepting, she became the first woman legal academic on a university staff in New Zealand, Victoria University, and was the only female member of the faculty while there. She taught Roman Law and Constitutional Law and, during her tenure, also became the first editor of the Victoria University Law Review.

Shirley Smith taught for only two years but was clearly highly regarded both for her significant intellect and her ability to engage and teach her students. Jeremy Pope was one of her Roman Law students and described her as a breath of fresh air, someone who “made the subject interesting and even entertaining. Suddenly the lecture room was a happy place to be”.

Shirley’s sense of humour was also apparent when the law faculty decided to abolish Roman Law as a subject. Her response? To throw a toga party for her students.

Her contribution to the university was not just in the quality of her teaching, but, as Jeremy Pope continues:
“More than this, she was an outspoken advocate for more women passing through the law school and, as there seemed to be a policy of reducing graduate numbers to a level agreed by the (almost entirely male) profession, this was considered to be extremely radical”.

At age 45 Shirley decided, in her words, “to forsake the hill for the town” and left the university to return to the practice of law she had started as a clerk. It was a slow start as she chose to be a sole practitioner which, while it gave her the flexibility she needed as a working mother, also required her to be a real generalist in her practice. However, over time she came to specialise in two main areas: criminal and family law.

Her family law practice was primarily in the areas of paternity suits and matrimonial property cases, engaging both her intellectual and evidence gathering skills. She obviously developed an impressive reputation particularly amongst women.

Retired Justice of the Court of Appeal, Ted Thomas … recalls in particular Shirley’s practice in family law. He described her as “a real fighter – someone who took the law to its outer limits in advancing the cause of women and family in matrimonial cases”. She was “a pioneer” – “not someone who sought recognition for what she did. She was a real doer with a vast intellect. She could have made a real contribution at a theoretical level but she chose instead to work with people, for whom she had a real empathy”.That empathy was something which shone through in the other area of her practice, criminal law.

Shirley appeared regularly in the Magistrate’s (now District) Courts from the 1960s. Jeremy Pope remembers Shirley’s appearances when he was a younger, less experienced lawyer and reflects now that “she really role modeled for the less experienced practitioner how someone with a sense of calling to the law conducts him or herself. Not as seeing it as a path to riches, but rather seeing it as a solemn duty to leave no person unrepresented, no matter the lack of means to pay. Throughout she showed a passion for justice which many others had worn out of them by the grind of over-work. She was unfailingly generous and unfailingly kind … No-one who was in the courts where she appeared – be they counsel, court clerk, defendant or judge – will ever forget her”…

Black Power
Shirley became very well known for her work for the Black Power Gang, a role she clearly valued and enjoyed. Her involvement came about through her law clerk at the time, George Rosenberg, who introduced her to Dennis O’Reilly, and he, in turn, introduced the Black Power Gang to her.

Shirley was very successful as the Gang’s lawyer. Despite their serious offending from time to time, she seemed to be able to see past that to the individual. At times her role was a reasonably controversial one. In responding to a question about it in an interview, she replied:
“I am not to be congratulated for what I do. I am just grateful that I have discovered these marvelous people. If other people would treat them on the same sort of basis, I think they would find that they were very much rewarded. The trouble is, you see, they expect to be rejected. They expect contempt and hostility and when they get it they fire up immediately … If people could only learn to give everybody the benefit of the doubt to start with, basically, no matter what they look like, there is a human being in there.”

Not only did she respect them as individuals, but she clearly had their respect also. This is demonstrated by an incident that was recounted where a member of the gang had taken a woman and child hostage. He was armed. The police were called to the scene and they too were armed. He was unable to be persuaded to release the child. The gang’s lawyer, Shirley Smith, was called. Showing great courage and a real faith in her client, Shirley walked alone and unarmed into the house. After several minutes she emerged with the baby.

In fact, it is her respect for all people that George Rosenberg recalls. He spent his first five years of practice working with her and recalled “her total dedication to clients and endless patience, despite the hopelessness of many of them and their situations”. What surprised this young – then radical – lawyer was that she also saw the best in the police and the judges – people he had entered the practice of law believing were “swine by definition”! – a view Shirley managed to change over time.

Shirley Smith’s practice was not restricted to the Magistrate’s and District Courts. She also worked with Pat Booth on the Arthur Alan Thomas case, applying her formidable energy and analytical skills to all aspects of the case and contributing in a significant way to its successful outcome – something officially recognised by the society formed to fight for Arthur Alan Thomas’s release.

On a personal level, she brought those same intellectual, analytical and deductive skills to bear when she assisted Mike Bungay in defending her husband – doing the often unseen part of any successful practice of law: the hard but essential detailed analysis of evidence – or lack of evidence – against him. Those who knew her at the time are in no doubt at all that she must share the credit for his successful defence.

Shirley gave up the practice of law in the early 1990s. In 1995 she was voted an honorary life member of the Wellington District Law Society. Writing in the Victoria University Law Review in 1993 she concludes “I have given up my solicitor’s certificate because I have so many other things that I must do and put in order before I die which have been neglected during my long preoccupation with the law. I miss my clients. I miss the practice of law, but perhaps it is time I gave up, because I doubt if I could accommodate myself to the changes. I love to research the law in the books but now the library is deserted and the offices rely on computerised databases. I have no computer or fax machine, not even a word processor. What typing I do is still done on my old Imperial 70. The Dickensian old offices of the past are long gone and I find the modern day offices uncongenial. My day is past, but it was a good day”.

2007 Shirley Smith Council Brief Article

The Wellington District Law Society’s Women-in-Law Committee propose to hold an annual lecture in honour of Shirley Smith, one of New Zealand’s great women of the law. The Committee proposes to hold the inaugural lecture later this year.

Shirley Smith was 35 years old when she enrolled at the Victoria University Law School in 1952. She qualified and practiced law in New Zealand at a time when there were very few women in the legal profession. Her endeavours in the law reflected a determination to ensure justice and counsel was received by all. She was inspirational both to her colleagues and to those she represented. The Committee hopes that by honouring her contribution to the law by way of this annual lecture, we will not only celebrate and respect her life in the law, but also will facilitate her continuing to inspire men and women of all ages to come to this privileged and honoured profession.

Sadly Shirley Smith passed away on 29 December 2007. An obituary, with edits from a eulogy presented by Judge Ema Aitken at Shirley’s funeral service, was published in Council Brief in February 2008. In reading that obituary one could not help but be inspired by this woman of intellect, passion, strength, and commitment to the law and justice.

The New Zealand Law Foundation has generously donated a grant of money to fund this inaugural lecture. The Committee extends its sincere appreciation to the Law Foundation. The Committee is also privileged to have the support of Shirley’s family and members of the legal profession, including the Wellington District Law Society and the Victoria Law Faculty, in promoting this annual lecture in Shirley’s honour.

If you would like to contribute ideas or provide assistance for the proposed lecture, please contact Ruth Nichols on 924 3749 or ruth.nichols@comcom.govt.nz.

Welcome!

Kia ora and welcome to the latest initiative from the Wellington Women in Law Committee!

A quick quiz:
A) Are you female?
B) Do you live in the Wellington region?
C) Are you studying or have you studied law?
Well this blog is for you!

We want this blog to be as interactive as possible to discuss ideas and issues as well as keeping you up to date with Committee events and action.