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Insider’s Guide to

Law School
Contents
Editor’s Note Welcome: Presented by VUWLSS 2010
Hannah Wilson
4.......... 2010 VUWLSS Welcome
The 2010 edition of the Insider’s Guide builds on the 5.......... 2010 VUWLSS Member’s Cards
hard work of the 2009 Executive who launched the 6.......... 2010 VUWLSS Exec
first edition of this publiation in September last year. 8.......... 2010 Events
The purpose of this guide is to pass on to first and
second year students information about the LLB and
opportunities open to law students. The idea is to utilise
First Year: On the Frontier
the institutional knowledge of past and current senior 10....... How to approach First Year Law | Henry Clayton
students to help younger students make the most of 10 ...... Peer Assisted Study Support (PASS) Program 2010
their time at law school. Many thank must go to the 11........ 100-Level Law: A Guide
contributors to this publication. Without your thoughts, 12....... The Secret Tunnel of GB GO7
advice, and practical knowledge this could not be a true
13....... The Socratic Method | Amelia Keene
Insiders’ Guide. With this 2010 edition it is hoped the
publication of the Indiers’ Guide will be cemented as an
important function of the VUWLSS. If there is something Your LLB: Making you think
you think is missing from this publication we want to 14....... Mature Student’s Guide
know. We want to include material which will be of 15....... Kelburn to Pipitea:
real use to our readers. If you have any suggestions for First Year Law to Law School Law
articles we will include it in 2011. 16....... Claudia Geringer’s Ten Step Guide
to Sitting Law Exams | Claudia Geringer
18....... 300-Level Law
18....... LLB (Hons): What it is and how to get there.
19....... Lord Denning: A Tribute

Social Endeavours: University Life in Wellington


20....... Wellington Café Culture
20....... Wellington Nightlife
21....... Dining Out: Restaurants in Wellington
22....... Cracking the Corporate Dress Code:
Shopping and Style in Wellington

Extra Curricular: Getting Involved


24....... Introduction to Competitions
24....... A Guide to 2010 VUWLSS Competitions
25....... A Guide to Mooting | Oliver Searle
26....... Negotiation | Kate Stone
26....... Client Interviewing | Adam Edwards
27....... Witness Examination | Yogehs Patel
Acknowledgments
28....... Community Law Centre
Kitty Higbee, Jamie Eng, Amelia Keene, Sam McMullan, 28....... Law Review V. Law Revue
Polly Higbee, Julia Caldwell, Jeremy Keene, Kathy Scott 28....... The Law in Schools Project
Dowell, Genevieve Taylor, Henry Clayton, Caleb Hensman, 28....... Arbitrators’ and Mediators’
Nicholas Chan, Greg Robins, Oliver Searle, Claudia
Institute of New Zealand
Geiringer, Nicky Saker, Pauline Castle, Kate Yesberg, Jane
Pring, Nick Chapman, Kat Helms, Marcelo Rodriguez
Ferrere, Gordon Stewart, Tony Smith, Jess Kerr, Yogesh Careers: Feeding your family with an LLB
Patel, Ed McGimpsey, Bernadette Scanlan, Rupert 30....... Why an LLB doesn’t mean you have to be a lawyer
Abraham, Anna Smith, Kate Stone, Anne O’Driscoll, Olivia 31....... Eternal Student: The LLM | Jessica Kerr
Krakosky, Lydia Nobbs, Adam Edwards, Emma Geard. 32....... Summer Loving:
A Complete Guide to Summer Legal Jobs
34....... Clerking for Judges | Marcelo Rodriguez Ferrere
Contact Us
Welcome

Email: vuwlss@gmail.com
Facebook: Just search VUWLSS and join our Facebook
group
Website: www.vuwlss.org.nz
Location: G16, Faculty of Law, VUW

Insider’s Guide to Law School | 2010 3


Welcome to Law at Victoria
Standing on the front steps of the Law School you look out to the House of Representatives
and the Beehive. Look to the right and you can make out the High Court, with the Court of
Appeal a stone’s throw behind. To your left, the newly opened Supreme Court. The picture
that’s emerging is that we’re not short of inspiration here. If the iconic Old Government
Buildings weren’t enough, Vic Students rub shoulders with the best and brightest of law,
politics and academia on a day to day basis, even if they don’t realise it. Seen a couple of
friendly looking chaps walking out towards the courts? It could very well be Justices Blanchard
and Wilson off to deliver a constitutionally significant Bill of Rights judgement. And if it’s not
them, it may well be Sir Ivor Richardson and Sir Kenneth Kieth off for a coffee.

Perhaps more important than the legal celebrities walking around is the fact that the Law
School is at the centre of nationally – and internationally – important debate and dialogue
about the public issues that affect us all on a daily basis. The School hosts guest lectures,
conferences and other forums that really count, almost all of which are open to students.

Vic law students inherit a proud history. Victoria graduates have disproportionately often
been appointed justices of the Court of Appeal and Solicitors-General, with Lord Cooke of
Thorndon – one of the Faculty’s most significant alumni – widely regarded as New Zealand’s
most distinguished jurist. They have also punched above their weight on the international
stage. In between stints as a lecturer and diplomat, Ken Keith (now Sir Kenneth) acted for
New Zealand in the International Court of Justice Nuclear Tests Cases in 1973, 1974 and 1995.
When making his closing remarks in the 1995 litigation against France he wondered how long
it would be before he returned to the ICJ. It turned out that the answer was 11 years, when
he was sworn in as a judge, the first New Zealander to be elected a permanent member of the
Court.

Perhaps as important as the Law School’s proud history is the history of students being Vic law students
students. With the Faculty Club (these days called the LSS) directing the tom-foolery. The Law
Ball dates back to the ‘30s and stein evenings (these days T-Shirt night) to the ‘50s. These
inherit a proud history.
days the social calendar is fuller and more varied, but you get the feeling that the old guard of
trouble makers would’ve approved.

So, the moral of the story? This place gives you some pretty serious opportunities; get amongst
it and you never know where law at Vic might end up taking you.
Welcome

4 Insider’s Guide to Law School | 2010


Victoria University of Wellington 2010
Law Students Society VUWLSS
Welcome to the Victoria University of Wellington Law Students Society
(VUWLSS). The VUWLSS is your student representative body at law school. The
society has two main purposes. First, it is a representative voice for students at
law school. Second, it is a society committed to making the Victoria University
law school experience more rewarding and valuable. The society works hard to
maintain a strong relationship with faculty. This relationship gives the society
the unique ability to voice student concerns in the appropriate areas. VUWLSS is
In association with Simpson
involved in a wide array of activities around law school designed to enhance the
Grierson we are proud to present
law school experience. Society involvement ranges from social events like t-shirt
the VUWLSS 2010 Member’s Card.
night and the annual law ball, through to more educational activities such as The card offers holders a fantastic
competitions, guest lecturers and mentoring schemes. range of products and services
The VUWLSS wishes all law students a happy and successful year. both law and non-law related.

Students who wish to contact the VUWLSS are encouraged to drop by the The cards retail for $5. The
VUWLSS office on the ground floor of Old Government Building. membership card is dynamic and
flexible and will offer students an
increasing number of rewards as
VUWLSS President for 2010: the year progresses.
Just below the clock which adorns the magnificent façade of Old Government Buildings are the Offers are subject to change.
words “tempus fugit” or “time flies”. However, I wouldn’t be surprised if a large number of law Please see www.vuwlss.org.nz for
students at some point during the course of their LLB, feel that Dante’s foreboding warning, details.
“abandon all hope ye who enter here” may be somewhat more appropriate. Struggling through
the greyness of Wellington’s wind and rain, feeling the burden of course materials they think to VUWLSS Events
themselves abandon all hope, all hope of a maintaining a social life and enjoying your weekends, Pre-emption for VUWLSS events.
all hope of holding on to some sense of childish innocence and naivety about the way the world
works. This is an undeniably pessimistic way to start this welcome to law school and indeed Waterloo Bar & Grill
I sincerely hope that I have not completely destroyed any small ounce of optimism you had $4 wine and spirits and $3.50
pints.
about studying law with a single paragraph. The reality is that while at times (although very
Free fries on Fridays with the first
infrequently) such a negative, pessimistic warning may seem appropriate for the hallowed doors drink purchased.
of law school, the quality of your experience here is very much within your control.
The Law Students’ Society is here to aid you in your endeavours to combat the pain and misery Working Style
that might otherwise be law school. It works tireless to present social events to enable you to let Invitation to Working Style/
your hair down and get amongst it (or put your hair up and get all sophisticated for the classier VUWLSS evenings where VUWLSS
events) - the Law Ball, the Chapman Tripp T-Shirt Night, the Quiz Night, the Bell Gully Student members will be granted a 10%
v Staff cricket match, the Patron’s Lecture, Cocktail Night, the Leavers’ Dinner and of course the discount.
inaugural VUWLSS Law Camp to name but a few. Additionally, it offers educational opportunities
to hone your legal skills through the law school competitions and to widen your horizons through Green Cabs
events like the VUWLSS Talk Series and the Chapman Tripp Women in Law evening. 10% discount on taxi fares for
VUWLSS members.
The aim of VUWLSS in 2010 is to build on the success that it has had in recent years and to
ensure that all of Victoria’s law students know who VUWLSS is and what it is able to do for them Check www.vuwlss.org.nz
to make their time at law school more enjoyable and rewarding. I strongly encourage you to for deal updates.
make the most of these opportunities – come to the events, listen to the lectures, participate in
the competitions. It’s easy to find out what VUWLSS is up to and what’s happening next. Just
pick up a wallplanner, keep an eye out for posters around law school, join the Facebook page,
check the website (www.vuwlss.org.nz), join the mailing list, visit the VUWLSS office on the
ground floor of Old Government Buildings or simply ask out someone who looks like they might
be in the know.

So get amongst it, be active and combat the stress and pressure that might otherwise be law
school. With a little bit of involvement you’ll see that time really does fly.
Welcome

See you around law school,


Nick Chapman President 2010 | VUWLSS | www.vuwlss.org.nz

Insider’s Guide to Law School | 2010 5


VUWLSS
Executive Nick Chapman
President
Ed McGimpsey
Education Vice-President

Nick is in his fifth year of an LLB/BA (Hons) Ed is Education Vice President for 2010.
and is the President of the Victoria University Ed, going into his fourth year at Victoria, is
of Wellington Law Students’ Society, stepping working towards a LLB/BA majoring in Art
up from 2009 when he served as Education History and Political Studies. Born and raised
Officer. If you need him, chances are he’ll be in Wellington he attending both Northland
around Law School, although normally playing Primary and Wellington College. Ed loves
cricket in the hallways rather than doing his Wellington and believes the city is great
readings. Introduce yourself, say hey – he’s place to study. Last year, as Publications
pretty friendly. Officer, Ed was responsible for the creation
His priority is ensuring that VUWLSS holds of the Insider’s Guide to Law School and the
awesome social events, that it presents overhaul of www.vuwlss.org.nz. This year, as
excellent educational opportunities through Education Vice President, Ed will have a major
competitions, workshops and guest lectures role in all areas of LSS life but will maintain a
and advocacy for students. In short, he’s particular focus on competitions, publications
committed to making sure VUWLSS is a and sponsorship. If you happen to see Ed
society students want. This year promises to wandering aimlessly around Law School
keep him busy as the 2010 VUWLSS Exec is please don’t hesitate to stop him and share
dedicated to running new events and building any ideas you may have that would help the
on the old favourites. LSS become a better organization.

 
Yogesh Patel Kate Stone Anne O’Driscoll
Administrative Vice-President Education Officer Education Officer
 
Yogesh is in his fifth year of his LLB/BCA Kate is in her sixth year of her LLB/BA. She Anne is in her final year of a rather extended
(Hons). Originally hailing from Palmerston completed Honours in Political Science in period of time at law school. In 2010, she is
North, Yogesh managed to gain the book-   2008 and was inspired to run for office, one half of the Education Officer duo along
keeping and minute recording skills required she was successfully elected as one of the with Kate Stone. She is here to represent
to be Administrative Vice President from Education Officers for 2010. Kate was winner student views on the Faculty Board and
slaving away at corner-shop convenience of the Wellington Negotiation Competition contribute however she can to the law school
stores for below minimum wage. He is a in 2009. experience. You’re most likely to encounter
keen debater, hockey player, FCOM tutor, and Kate is a frequent traveller and is slightly her as head tutor for contract or roping you
dabbles in golf, squash and tennis. Yogesh is obsessed with South America – making her in to doing editing work form NZJPIL (help
the current New Zealand and Austral-Asia 5th journey there over the summer. She always very much appreciated!). She is a bit
Witness Examination champion. speaks Spanish and attempts Te Reo. She of a caffeine addict and a tad chaotic but she
Yogesh has a penchant for Vitamin Water, also loves to write, paint, and run. She tutors is always keen to hear students’ thoughts.
pate rolls from Concorde Bakery and getting public law and politics papers to pay the bills. If you have any suggestions for seminars or
measured for new suits. He will often be speakers you would like to see or if you’d like
She survives law school on long blacks from
found sampling cheese boards and cocktails to share your views on your legal education
Cellarvate and sneaky naps on the G11 couch.
at Motel or watching one of his many loved at VUW, go ahead and email her at odriscoll.
She is a proud redhead and believes that
TV series. Make sure you say hello if you see anne@gmail.com.
hair-ism is the new racism – join her in the
him around as he’s always keen to hear your fight against discrimination on the basis of
thoughts on what LSS can do for you! ginge!

6 Insider’s Guide to Law School | 2010


Bernadette Scanlon Rupert Abraham Anna Smith
Competitions Officer Competitions Officer   Social Officer
 
You will most likely run into Bernadette, Rupert is heading into his fifth (and Anna is in her fifth and final year of law
one half of the dynamic competitions’ crew, hopefully final) year of his law degree. school, having completed a BA (Political
sitting in the law school common room He has completed a science degree; a rare/ Science) in 2009. Anna spent 2009 in awe
either using the wireless net, reading the stupid minority who try to cope with physics of the world famous “Social-Bloc” of Benji
newspaper or chatting with friends. If it is and law at the same time. But now the BSc Crossley and Johnny Osborne. Anna originally
lunchtime, the topic of conversation will is done and dusted, he is looking forward hails from the Waikato. Anna is involved in
most likely be how amazing Sushi B is, with to focussing on his legal studies. He might social hockey, social netball, generally all
its artistic array of pure delectable goodness. even try that “do your readings” thing which things at a social level.
To her side would be her mammoth bag lecturers love to rave about. Besides school, Anna and Caleb plan to make 2010 an
which would bring Mary Poppins to shame. Rupert lives the typical Wellington student unforgettable year with regard to VUWLSS
To summarise, Bernadette is basically the lifestyle: a little bit of BYO here, a bit of isn’t- social events. While the LSS is more than
same as her namesake, the late and great it-nice-on-the-waterfront-in-Wellington-on- T-Shirt Night and the Ball, these are the
Bernie-Mac, except she is neither chocolate a-good-day? there and some coffees in the events students remember about their
coloured, a man, rich nor famous and middle. He is really excited to be in charge time at Law School, and the Social officers
definitely not funny. She is uber psyched to of competitions with the wonderful Bernie. recognise their responsibility to the student
be working with the marvellous Rupert and Don’t hesitate to stop him in the corridor if body to raise the game year after year! Any
can’t wait to get you involved with the legal you have any questions. He says everyone ideas as to new events or improvements on
competitions...whoopa!! should enter the competitions at the start of the tried and true are more than welcome.
the year!

Celeb Hensman Hannah Wilson Olivia Krakosky


Social Officer Publications Officer First Year Representative

Caleb is in his final year as a law student in Hannah is in her fifth year of law, having Olivia Krakosky is the second year
2010, having completed his politics degree taken a ‘year off’ to complete a BCA Hons representative for 2010. Before university
in 2009. He enjoys books, movies, and pretty (Public Policy) in 2009, and is taking on the she attended Naenae College where she
much any sport (though he only takes cricket LLB Hons in 2010. Having spent the year with   was Deputy Head Girl, Chairperson of the
and rugby seriously). As the male half of the wannabe bureaucrats, Hannah is keen to once Student Council, a Prefect and Dux. In 2009
2010 Social Bloc, Caleb anticipates this year again get amongst the law school crowd by she began her LLB and also a BA majoring in
to be packed with more exciting events than taking on the role of LSS publications officer. History and Political Science. She loves New
any in the past. So put your drinking shoes on, All law students are members of VUWLSS, Zealand History and would love to focus her
strap in, and enjoy the ride. so it’s important everyone knows of the LSS BA on that. After University she aims to work
Oh, and as an aside, Caleb doesn’t endorse the events and gets involved. either in politics or doing something to do
notion that Anna Smith is head Social Officer, Hannah enjoys catching a play at Downstage, with New Zealand History. She loves reading,
in fact, he detests it (she rigged the votes, I visiting historic houses, late night studying swimming, cycling and running. She plans
swear). at midnight Espresso and the odd game of on doing a triathlon this year. She is looking
spotlight. forward to working with the LSS in 2010.
You can usually find Hannah around the first
year tutors office so drop by and have a chat!

Insider’s Guide to Law School | 2010 7


Events
The Law Students Society runs a number of social events throughout the year for law students.
The main social events take place during the Chapman Tripp O-Week from 8-12 March,
however, there are plenty of other social events during the year to get involved with!”

March
5-7 The Inaugural VUWLSS Law Camp,
supported by Thomson Reuters.
8 O-Week BBQ
9 LSS Tennis Open
11 T-Shirt Night
12 Recovery Brunch
27 First Year Function - Post-121 Terms Test Party
28 Jackson Trophy Students v Faculty Cricket Match
August
7 Law Ball

October
15 End of Term Drinks
16 Leavers Dinner
Welcome

8 Insider’s Guide to Law School | 2010


Start your career at
Russell McVeagh
“Russell McVeagh is synonymous with excellence,
and even as a summer clerk you soon begin to
understand why. The firm acts for high profile
clients in situations where the stakes are
always very significant.
They have received many accolades
testifying to the quality of this work,
such as being crowned IFLR New Zealand
Law Firm of the Year 2009. Despite the
pressure that comes from representing large
clients, Russell McVeagh’s ‘work hard, play
hard’ approach seems to have struck the
right balance for its staff; reflected in The
Australia and New Zealand Graduate Careers
Survey naming Russell McVeagh as the top law
firm among New Zealand’s graduate employers
for two years running. There’s nowhere better to
begin your career than an environment where
success is prevalent and fostered in all staff
from day one.”
YOGESH PATEL (VICTORIA UNIVERSITY) SUmmER CLERk 09/10
LITIGATION & CORPORATE ADVISORY GROUP

Apply for a summer clerk position with Russell McVeagh


now and find out what everyone’s talking about.
Application packs are available from your university
for a limited time from March 10th.
For more information visit www.russellmcveagh.com
or www.summerclerk.co.nz
How to approach first year law
Henry Clayton | 2008 VUWLSS President
First year law is not like the rest of law school. And it is even less like practicing law. First year
law is therefore not a good introduction to law in the sense that is not the best representation
of what law is like. But it is a good introduction to law because it teaches the necessary

PASS
knowledge and skills needed to understand and use law.

First year law is also not homogeneous. It is made up of three different papers which each have
a different focus and very different types of assessment. So the best way to approach first year
law is to approach each paper separately.

That said, some general guidance applies to all of first year law. So this Guide first makes some
general comments and then makes some comments about each first year law paper. Emma Geard
PASS Leader 2009

PASS (Peer Assisted Study Support)


is a program organised by the Student
Learning Support Services at Victoria.
These sessions are informal study groups
led by 200 level students who excelled
in the course the previous year. PASS is
available to students in all the 100 level
law papers and is a great opportunity
for students of any level to reinforce the
course material and develop study skills
and habits that will be useful throughout
their degree.

The sessions are like any study group,


Hannah Wilson the aim is to gain a better understanding
Everyone works and studies in different ways, of the subject material that you have
but here are five key tips to make life a little easier: learned in lectures and tutorials. The
role of a PASS leader is to facilitate and
You should always start as you mean to go on, so right from day one you should carefully guide the study group by encouraging
read your course outline. Your course outline is your guide to the paper: the weighting of active learning and sharing techniques
assessments, assignment due dates and mandatory course requirements. The easiest way to fail for studying and answering exam style
a paper is by not complying with the course outline, so take ten minutes on the first day to get questions. Asking questions in lectures
up to speed. or even tutorials can be intimidating, but
these sessions provide the participants
A quick note about tutorials: • Read your course outline. with a comfortable forum where they
first, go to tutorials. The tutorial • Work towards the assessments. can ask their peers, the leader or fellow
programme is an integral part of students, questions and work through
the course and will benefit you • Go to tutorials. any difficulties that arise in the course
enormously when it comes to • Be patient. material.
assessments. With that said, you
will only get out what you put in. Students can sign up for PASS in week
First Year

Take the time to prepare for tutorials and take an active role in the group discussion. two of the semester and sessions begin
during week three. Availability is limited
Law School is not about wrote learning, assessments are fact-based scenarios. This means you and sessions times for the 100 level law
need to focus on understanding not repetition. Practice is the only way to get better at this courses fill up quickly, but if you miss out
kind of assessment. Your tutorial prep is a good way to practice. After your tutorial have a go there are opportunities to join a group
at re-writing your answer. later in the term. PASS is not only a
great way to complement lectures and
While law school can be a competitive place, remember that two heads are always better than tutorials but it is an opportunity to make
one. Get to know your fellow class mates so you have a group of people you can bounce ideas friends at law school and set up study
off and work through tricky issues with. Look around you, you will be spending the next five groups in the future.
years with these people, so you might as well make friends!

10 Insider’s Guide to Law School | 2010


Breakdown of 100-Level Law
LAWS 121 LAWS 122 LAWS 123
LAWS 121 is the law paper most similar In LAWS 122 you learn how to study
to high school study, which is just as cases and, crucially, how to answer LAWS 123 has the most peculiar and
well since it is the first paper at Law “problem questions” based on case unique style of assessment of all of the
School. The main focus of LAWS 121 is law. The first thing you need to learn is first year law papers. But throughout this
getting a grounding in the basics – which case comprehension – how to read and paper do not lose sight of its focus on
means learning and retaining a lot of understand cases. Without good case language and argument.
information. comprehension you will not get much
further. The next thing you need to learn LAWS 123 develops and assesses your
In all university study, and especially in is how to apply case law – knowing how ability to read language critically and
LAWS 121, it is not enough to just retain a particular case fits together with other use language precisely. You are required
information – you need to understand cases to form the law and what a particular to identify issues in interpreting the
the information. Make sure you listen case means for different situations. meaning of various words and sentences
carefully in classes and read carefully, all and then use language yourself to argue
the time making sure you understand the Your ability to apply case law is assessed what the meaning is. LAWS 123 has a
material. Do you know why correct things by “problem questions”. Problem questions heavy focus on making arguments and
are correct and why incorrect things are are questions where you are given a set artificial assessments are designed as a
incorrect? Do you understand why one of facts and asked to assess how the law way of testing your ability to argue. The
event led to another? Can you see why you have learned would apply to those interpretation issues posed are often not
one argument is better than another? Do facts. Some people will find this type of realistic (and sometimes even ridiculous)
you understand the relationships between assessment very peculiar. It can take some and a quite rigid way of resolving
things? If you understand information, time to master, but do not be put off if you interpretation issues is encouraged. But
you will probably also find it easier to do not have early success. just remember that this paper is more
remember. about your ability to argue than the
Your lecturers and tutors should teach you actual issues you argue about.
There is also a strong focus on written good approaches to answering problem
expression in LAWS 121. It is not just questions. So this Guide will keep its advice Because of the peculiar style of
enough to understand and retain the brief – structure. Structure your answers assessment, you really should attend
information, you also need to be able to by moving through each legal issue one by tutorials for this paper. You must take the
communicate your understanding clearly. one. This will help organise your thoughts opportunity to practise problem questions
Law is language after all. To do well in and make it easier for the reader to follow and have a tutor lead you through good
LAWS 121 you will need to know how to your analysis. And within each issue, write and bad answers. If you leave a lecture
structure a good essay or long answer. according to the ILAC/IRAC structure (you’ll confused, you may find that the next
find out what this means). tutorial you attend helps make sense of
everything again.
Something you can do to improve both
your case comprehension and problem The rest of Law School does not look
question answering skills is to prepare for and sound much like LAWS 123 and its
class. Read cases before lectures and try unique form of assessment. However the
and work out what they mean. Then at essential tenants of the paper – language
the lectures you can see where you went and argument – are fundamental to the
wrong and (hopefully) why. Similarly, law. But those who do not enjoy this
attempt tutorial questions before the paper should certainly not be put off Law
tutorials so that at tutorials you can see School or a career in law.
what you are doing well and where you
First Year

need to improve.

It is often said that LAWS 122 is the first


year law paper most similar to the rest of
Law School. While that may be true, those
who struggle through or do not enjoy this
paper should not be put off. While the rest
of Law School does have a heavy focus on
studying case law and being assessed using
problem questions, it is still quite different
to LAWS 122.

Insider’s Guide to Law School | 2010 11


The Secret Tunnel of GB G07
Nick Chapman

With an imposing façade, sweeping staircases and kauri clad interiors, it is difficult not to be
impressed by Old Government Buildings, the home of Victoria’s Law School. Built in 1876,
it originally housed the entire Civil Service as well as Cabinet. Even today it continues to be
the largest wooden building in the Southern Hemisphere and, the second largest in the world.
However this is not an article about the known history of the building, rather its focus is on
something much more mysterious contained within its hallowed walls, something much darker
- the secret tunnel of GB G07.

Should you venture to the most north-eastern corner of the most north-eastern room of the
ground floor, you shall find a steel grate on the floor. The grate is locked, but one can look
down to see a ladder descending into the darkness. The contents of this darkness has plagued
the mind of many a law student during the course of an uninteresting Torts lecture. And while
many of these students have been unable to resist the temptation, and snuck through the
darkness late at night towards GB G07, none have been able to solve the mystery. Stopped by
either the steel grate or the darkest depths of their fears, the tunnel remains unexplored and
the mystery remains unsolved.

However, the stories continue, passed down from one generation of law students to the next.
Indeed, should you come across a senior law student at a time of the evening when their beer
The grate is locked, but glass is empty and their morals loose, through their unintelligible slur you may discover some
one can look down to see of these tales. The most prominent of these rumours is that the tunnel links Old Government
a ladder descending into Buildings with the current Parliament buildings. Beyond this the tale becomes murkier still.
Where precisely does it lead to? Directly beneath the Speaker’s chair? The Parliamentary
the darkness. library? In the middle of the Cabinet table? One less known rumour is that it leads to a
man-sized safe contained in the office of the Minister of Foreign Affairs, Murray McCully. Mr
McCully has neither confirmed nor denied this rumour.

But the Parliament account is only one of many. An unnamed source has been known to claim
on numerous occasions that the endpoint is definitely the partners’ lounge at Bell Gully. One
staff member holds that if you crawl through the dust and soot for long enough you shall
eventually reach the office of Justice Tipping of the Supreme Court.

More recent years have seen the rise of an alternative hypothesis, that it is indeed not a
tunnel at all, but rather a pit of some form. Curling its way deep beyond the foundations of
Old Government Buildings and its underground lake to some specific yet even more secretive
location. Supporters of this thesis can largely be classified into two sects. The first holds
that past the darkness and trap-doors, surrounded by candles and adorned in red velvet robes
First Year

lies the body of Chief Justice Prendergast. Supporters of the second group believe that the
crypt instead contains the fourth article of the Treaty of Waitangi, the one that holds that in
exchange for giving up their land, the Maori tribes shall be given complete and undisputed
sovereignty over New South Wales.

The mystery of the tunnel of GB G07 is only one of many strange tales of OGB. Tales of the
student who lived in the attic library for weeks; the supposed ghost in the Cabinet Room, the
allegation that the library is sinking because the architect hadn’t factored in the weight of the
books. These mysteries have answers which are waiting to be uncovered. Indeed, the onus is
now on you, the bright eyed, bushy tailed, pesky yet well-meaning first years to uncover these
dark tales. Happy tunnelling.

12 Insider’s Guide to Law School | 2010


The Socratic Method or
“How to Put Your Hand Up In Class”
Amelia Keene | 2009 VUWLSS President
It’s 9.34am and you’ve arrived late to For that reason, the Socratic Method is a
Contract, as usual. You slink to the back and distinctive feature of our Law School. But Grab law school by
get a seat on one of those spare desks behind
the back row. You slouch down. This class is
it’s also a fearsome phrase in the minds of
students; even Hollywood has depicted the the horns and ride the
just too early. It’s Contracts and Professor
David McLauchlan is already ranting about
terror of the method, in the 1973 rip-snorter,
The Paper Chase. Perhaps the most vigorous
Socratic bull.
the lies that some Judge or another told. proponents of the method at Victoria – and
You’re about to start on the Sudoko when certainly one of the most effective – was connection unless you prepare for class.
you hear your name... it booms across the ex-Prime Minister, Sir Geoffrey Palmer, who Properly. Like get out a pen and annotate your
room and your heart starts pounding. Low was reputedly not averse to using a wooden readings. Think about what they mean. It’s
profile. Low profile, you tell yourself. Your ruler to swat the desk of the ill-fated student fine to go to class not understanding what
name. YOUR NAME. Louder. Heads are turning subject to interrogation. you’ve read. But it defeats the purpose if you
around the room… Do you raise your go to class without reading at all.
hand? But so much for legend. At Victoria in 2010
the Method doesn’t lead to too many scenes The fourth and most important thing is that
I could be described as an expert at putting fit for Hollywood. Today, Socrates and his if you offer the answer when you know
my hand up in class. Four years of Law School method help us to be better law students; the answer, you’re much less likely to be
either makes you an expert mumbler of “I more engaged, critical and questioning in our asked to answer when you don’t. The most
haven’t done my readings”, or it makes you own right. frustrating Socratic-style classes are the ones
a geek. Either way, if you’ve got the stamina, where the lecturer chews through a whole-
you’ll still finish with a law degree. But the So, the first thing to remember is that you row of law students before finding one who
point of this article is to suggest that if you are here because you want to be here. can give an answer even close to what was
learn to love the ‘Socratic method’, you might Presumably you want to learn about the law, wanted. If you feel like you know the answer,
end up with some valuable skills as well. so grab Law School by the horns and ride the then put your hand up. It’ll probably come as
Socratic bull. a welcome relief to the other students, and
But what does Socrates have to do with the lecturer will appreciate it.
Law School, anyway? Apart from finding Secondly, remember that no-one likes
himself on the wrong side of the Athenian being put on the spot. Even the simplest The Socratic method is scary. But it is also
law, the great philosopher’s teaching method questions become impossible when there valuable and I would refuse to go to a law
survives today in law schools across the are 200 people staring at you and a lecturer school that didn’t use it. It helps students
world. Socrates engaged in a dialogue with with your name and a big black pen, ready to develop oral skills that are a crucial part of a
First Year

his students, questioning them rather than cross or tick. Don’t panic. It’s fine to ask the lawyer’s tool-box. It also makes lectures more
lecturing ‘at’ them. His purpose was to question to be repeated. It’s also fine to pause meaningful. You get to make a contribution.
make his students think, to expose flaws in and have a look through the materials. Don’t The other slightly geeky thing to say is that
their reasoning, and ultimately to get to the stress. Perhaps more importantly, everyone putting your hand up in class increases your
bottom of things in a meaningful way. This is in the same boat! profile. People know who you are. Lecturers
collaborative search for truth is not unlike the write you references and recommend you for
process that a really good Socratic lecturer Third, answering questions is basically research assistant or tutoring roles. Students
will engage in at a law school. While the impossible unless you do your readings. vote for you to go onto VUWLSS, in my case,
great schools of North America all practise The dialogue between an informed student as President. So putting your hand up in
the Socratic Method, Victoria is the only and a wise lecturer is a truly fantastic thing class is a lot more valuable than you
school in New Zealand to do so consistently. to behold. But you’re not likely to get that might think.

Insider’s Guide to Law School | 2010 13


Some advice for Mature students sit in the front of the lecture theatre. I like people to think I sit there because
it makes for better learning. The reality is my hearing and vision deteriorated after the age of

mature
25. Whatever your reason, most mature students sit near the front. Those who don’t are usually
making some sort of “statement”. I know – I tried being cool in the back row, but couldn’t hear

students
or see a damn thing!

There is a tendency for us to see younger students, straight from school, as immature,
– From a “mature” student hedonistic, irresponsible, disrespectful kids who know nothing of life or the “real world”. There
is also the tendency to think that younger students insightful geniuses who reveal me to be
the fake that I am. Both views are wrong. Younger students are normal people. Treat them that
way.

Mature students often get bogged down in details. Attention to detail is an important skill but
the ability to discriminate is more important. Being able to quickly see what is important and
what isn’t takes practice. For the moment just ask yourself, “Will spending five hours on this
minor point get me any marks in the final exam?” Sometimes the answer will be yes. Usually,
you’ll waste good time that could be better spent learning something else. Study smarter, not
harder.

Victoria Law School encourages questions and class discussion in lectures. You’ll have
opportunities to clarify points that are unclear, but remember that lectures are an opportunity
for everyone to learn from the lecturer, not for individual discussion. Some students don’t
understand this and a good rule is - if you’re not satisfied with the response within three
exchanges, stop! See the lecturer afterward to continue the discussion. This has the bonus of
preventing everyone else in the lecture mentally willing you to shut up or drop dead.

Studying in groups is highly recommended. If you want to study with other mature students…
you’ll find us at the front.

Don’t forget you’re a student and can legitimately get a student discount for movies, coffee,
dentists, travel....

Mature students have more life experience than most students. This brings valuable real-world
knowledge to tutorials and group learning as long as any contribution is concise and relevant.
If it’s drawn out and irrelevant you’ll look like a tosser.

It is really rude to complain about the quality of the lecturer, exam, marking, tutors and course
work if you got any grade higher than a ‘B’. You might well be an under-appreciated genius
First Year

who has a better understanding of the law than the professor, but you still look like a dick to
those who are thrilled with a ‘C+’.

Mature students have added commitments like work, children and mortgages on top of their
study workload. How you manage the balancing act is up to you, but don’t be afraid to ask
friends, family, your employer or especially the Law School for help or leeway when you need it.

Make time away from study and other commitments to have some fun and get a clear head.
Your grades will benefit in the long run.

14 Insider’s Guide to Law School | 2010


Kelburn
to Pipitea
Congratulations. You made it. If you’re effective. I would also recommend sitting before a 9:30am lecture, and will probably
reading this, you must have figured out with a few of your friends, but get to know have finished at least one Egg Loyalty Card
whether a goldfish is an animal, and know some other people too – and definitely try by the time the year is through. You should
the intimate details of the footballer’s lives. and go for a row in the middle of the lecture also try sandwiches from both Mr Pie and
You’ve made the progression down the hill, theatre. If the lecture gets boring you can Concord Cafe (Mr Pie has the advantage of
and it’s time now to swap the Quad for the just look at the latest YouTube clips, as one using real chicken as opposed to processed
Cafe, and embark upon legal immersion. of the Laptop gang is bound to be looking at slices, although Concord is marginally closer
There’s no shame in feeling a twinge of them in the rows in front of you. The rolling if you’re running between classes). Sweet
pride and excitement as you walk through office chairs can fluctuate in number per row, Fanny Anne’s is always good. Culinary
those majestic gates under the watchful but they make up for this inconvenience in highlight of the year is definitely the biannual
eye of Peter Fraser – in fact, wholeheartedly pure awesome units. A final academic related LSS barbeque – lectures are always so much
embrace it. point – tutors are gold. Get a good one. You funnier afterwards for some reason.
can tell who they are, they’re the ones always
This article is supposed to give you some idea in vintage T-shirt Night garb. Look, there are lots of tips and tricks I could
of what to expect when you turn up with write about but there’s something intangibly
pencils sharpened on your first day. So here lovely about being in the largest wooden
we go. There is no ultimate combination of The pigeons do building in the Southern Hemisphere every
the four second year courses, so stop asking not mind the law day. On its good days, Law School truly is the
everyone about it. If you haven’t learnt yet, delight of everyone. The Law students study
make sure you squeeze together the spiral
students. and the judges watch. The lawn area is well
bindings on your course notes otherwise rolled and mown. The pigeons do not mind
they’ll have had it by week three – this is Law School encourages its protégées to get the law students. The library lift has a quaint
of particular importance this year as Law as involved in law related things as possible, charm to it. You can’t help feeling happily
School lecturers seem to have a fondness for and I would definitely recommend giving studious carrying the brick that is Torts in
dividing course notes into several sub editions mooting / client interviewing etc a go. You New Zealand on the bus up to Kelburn (and

Your LLB
released in strategic stages throughout the might even get a glimpse of the Gods of the feeling just a bit superior to the commerce
year. Lectures start at half past down here. Law School who have spent sleepless chunks student sitting next to you). And who doesn’t
Spare yourself the walk of shame across the of their lives across the ditch memorising wish Denning was their Granddad? Keep your
front of the lecture on the o’clock. Australian tax law and winning prizes for it. If head, drink lots of coffee and study hard. Yes,
you are participating, speak s-l-o-w-l-y and that could well have been Tipping J that you
As for behaviour in lectures themselves, I keep Denny Crane references to an absolute saw. And I too think the Supreme Court is
learnt the hard way that writing your name minimum. You can’t really go wrong, judges coming along nicely.
messily on the seating chart won’t relieve you are always telling porkies anyway.
of Socrates’ curse. In fact you’ll probably be xoxo
targeted. Appearing to be deep in academic Second years know the Occi does $3 eggs Law Girl
discussion with your neighbour is much more on toast that can be comfortably finished

Insider’s Guide to Law School | 2010 15


clue to what the lecturer expects And when you’ve finished reading
Claudia’s from each answer. For example, the problem through slowly and

10
if a lecture has only allocated 10 carefully …
step guide to sitting marks out of 100 to a question,
he or she is probably expecting a
… read it through the same way

problem-based law exams


at least one more time before
relatively brief answer to it. (If so, you start writing. On the second
it will be important to get straight reading, you will know what
Editor’s Note: Claudia Geiringer is a Senior Lecturer to the point!) the task is that the lecturer is
at VUW School of Law. She is particularly active in Stick to your allotted time. If you ultimately asking of you. The
the field of Public Law and rights jurisprudence. This run out of time on one question, relevance of facts that did not
guide, although written with Public Law exams in leave it and start on the next seem significant to you the first
mind, has sound information for law students at all one. If you have spare time at the time you read the problem may
levels of their degree. end, you can always go back and now be apparent to you.
complete your answer.
I calculated the other day that during my prolonged 5. Try to read the lecturer’s
period as a tertiary student I probably sat in excess 4. Read every word mind
of 50 exams. Sad, isn’t it? If nothing else, I have When we read, say, a newspaper, When I was a student, whenever
had plenty of opportunity to refine my technique. we tend to read by general I read an exam question I would
Since becoming a university lecturer, I have also had impression. Our eyes skip quickly try to put myself in the lecturer’s
plenty of opportunity to observe from the “other side” over whole phrases, sentences or shoes and to guess why they
common mistakes that students make when answering paragraphs. When we read this had written the problem in a
way, it is easy to make mistakes particular way. I still think this is
exam questions. I would estimate that most students
about the detail. Your brain can a really good way to approach the
could improve their grades by around 20% just by play tricks on you. It decides what problem.
tightening up their exam technique. it expects to see (based on the For better or worse, lecturers put
information it has already taken a lot of effort into designing exam
So here it is: my attempt at a ten-step guide to exam in) and substitutes it for what is problems. Although there will be
technique. It is specifically aimed at answering legal actually written. some red herrings, most of the
problems, although some of it may apply equally to This is not the way to read a law facts are there for a reason. They
other kinds of exam questions. exam. When you read a law exam are there because the lecturer
you must take in every word and thinks that they raise issues in
register its significance. If you terms of the application of the
The ten rules your own fact situations and
attempt to apply the law to them. find this difficult, one way to relevant legal or constitutional
Preparation: improve your concentration is tests or principles.
Sometimes, it’s only when you try
to apply the law in practice that to follow along the line you are As you read through the problem,
1. There is no such thing as you work out where the gaps in reading with a pen. This slows you see if you can read the lecturer’s
an open book exam your understanding are. down and increases the chances mind and identify the reasons
Any time spent in an exam that you will register each word. he or she has included particular
And when it comes to the
rifling through your notes is time Another (and complementary) facts in the problem. What
examination, make sure you
you could spend answering the technique is to take a highlighter arguments do you think the
demonstrate this understanding.
question. In a problem-based law with you and to highlight key lecturer is hoping you might
For example, when setting out a
exam you need to concentrate phrases as you read. Make notes make? Make a note of them.
legal test, it is bad form to simply
all your energies on applying the as you go as to the potential
recite to the lecturer the headings Here is an example from the
legal (or constitutional) rules and arguments you might want to
that appeared on a powerpoint second tutorial problem. It
principles to the facts. To do this, make (see, below, under Rule 5).
slide. The lecturer wants to know concerned the applicability of
you need to come into the exam that you understand each step of As you read, you should think imperial legislation. Questions
Your LLB

knowing the law like the back of the test; not that you are capable about all the parameters of the 1.a and 1.b contained different
your hand. of copying down the powerpoint. question that has been asked. For dates at which the event was
Prepare for every exam as if it Demonstrate that you understand example: supposed to have occurred: 1987
were closed book. everything you write down. What tasks has the lecturer asked and 2006. The minute you saw
Scoping the question: you to perform? those dates you should have been
2. Don’t just memorise – Are there issues the lecturer has trying to think through their
understand specifically asked you not to significance – why would the
3. Divy up your time
address? legal or constitutional position
You can’t apply law that you don’t Because law exams tend to be be different at one date from the
really understand. So concentrate pressured, one of the keys to Are you being asked to write from
other? The answer, of course, is
your energies on trying to doing well is apportioning your a particular perspective (eg, to
that the law governing reception
understand the way the law time carefully. write a submission for one party
of imperial legislation into New
works rather than memorising it. or to give a judge’s opinion)?
As soon as you get into the Zealand law changed in 1988
Once you understand something, Is the lecturer asking you to apply
exam, work out how much each with the enactment of the
memorising it is easy. If you don’t the legal/constitutional rules and
question is worth and how much Imperial Laws Application Act
understand, seek help – from your principles as they currently are in
time you should therefore spend 1988. The first question required
peers, from your tutors or from New Zealand? (You can presume
on it. (For example, if a two-hour you to identify and apply the pre-
the lecturer. this unless told otherwise). Or
exam contains two questions 1988 framework and the second
One way to test your worth 50% each, you should is he or she telling you to apply question required you to apply the
understanding when you are spend one hour on each question). some other test that you have post-1988 framework.
studying is to come up with learned about in class?
Use the mark allocation as a

16 Insider’s Guide to Law School | 2010


Format: law to the constitution. Be aware In such cases, what conclusion pre-1988 law governing reception
– unless this discussion in some you end up with is probably not of imperial legislation, you would
way assists in answering the all that important. Most of the begin by identifying the relevant
6. Leave space for late
problem you have been asked to marks are allocated for identifying legal framework: section 1 of
additions
address, you are unlikely to get the issue, for exhibiting an the English Laws Act. You would
Unless you have got the most any marks for it. Cut straight to understanding of the arguments then break that section down into
organised mind in the world, you the chase. that can be made either way to elements and go through each
will almost certainly get half way resolve the issue, for having a go in turn, asking if it applies to the
Cite authorities, but only give as
through answering the problem at making sensible arguments facts:
much information about them as
and remember something that on the facts about how the
is needed to support your answer. Is the law in question a law of
you should have said in the first issue should be resolved, and for
Often, all you will need to do England existing on 14 January
(or second, or third) paragraph. coming to a conclusion that is
is succinctly state the rule that 1840?
One way to deal with this is to supported by your analysis of the
a case stands for (and perhaps Is the law in question “applicable
leave every second (and opposite) law and facts.
give some information about the to the circumstances of New
page in the exam booklet blank.
status of the Court). Occasionally, Zealand”?
That way, if you want to add in an
extra section, you can write it on
it will be necessary to explain a 10. Apply the law (or You would explain, in turn,
little of the facts giving rise to constitutional principles) to
the blank page and draw an arrow whether or not the facts satisfy
the case (for example, if you are the facts. And again. And
across to where you want it to this test, and if the answer is
trying to distinguish the case). again. And again
be inserted. You will go through unclear, you would explore the
Generally, it is a mistake when
more exam booklets this way, but And this is perhaps the most arguments either way before
answering a legal problem to give
who cares? important point of all. Problem reaching a conclusion.
a miniature case brief for each
Not all lecturers like it when you case you refer to. questions are all about applying As you went through, at each step
do this. Personally, I think it’s the law (or constitutional you would also consider whether
And don’t say the same thing principles) to the facts of the
great. But if a particular lecturer any of the other authorities you
twice. You’ll only get marks for it particular case. The point is to
has expressed a preference that looked at during the course (case
the first time. demonstrate to the examiner
you don’t do this, best to avoid it. law and commentaries) might
The examiner has untrammelled how the relevant legal tests or assist in applying the test. In
legislative sovereignty after all! 8. DO state the obvious constitutional principles apply to this case, you would decide that
Yes, everything you write should the particular facts you have been the Falkner test (discussed by
be relevant to the question you given. Philip Joseph) assists with the
Writing your answer:
are answering. But this doesn’t The first aspect of this is, of second limb of the statutory test.
mean that everything you say course, to identify from the You would set out the sub-tests
7. Answer the question. And has to be stupendously insightful material you have studied the identified in Falkner and, again,
only the question and original. Many of the marks legal rules, conventions and consider in turn whether each
Before you start writing, let go of in a law exam are allocated to principles that might assist in sub-test is satisfied on the facts.
all your hopes, expectations and the obvious and the mundane. resolving the problem. The fact Some of you will have learned
predictions about what might We want to know that you’ve situations you are given in a law about IRAC (if you haven’t don’t
have been in the exam. You will understood the basics. So build exam will rarely be identical to worry about it). My personal
get no marks for working into your case from the ground up. ones you have studied in class view is that IRAC can be a little
your answer information that Be methodical. We need to – they will be variants. The skill dangerous because students
you thought you were going to know that you understand every is to be able to recognise the sometimes think that it means
be (but haven’t been) asked for. step that you need to take to analogies between what you have that each problem will involve
Nor will you get any marks in a solve the particular problem. No studied and the fact situation you one issue, one rule, and so on.
problem question for giving a matter how obvious it seems, are given, and to be able reason Many problems raise several
general dissertation on the state if it’s relevant to answering logically about how the rules and issues, or one issue and a range
of the law. the problem, let us know you principles you have studied might of sub-issues. So IRAC generally
Your LLB
Every single word you write understand it. therefore apply. works best if you apply it over
should be relevant to answering This doesn’t mean that you In order to do this you need to and over and over within any
the question you have been asked. need to spend much time on integrate your discussion of the one problem. In other words, for
Before you write each sentence, obvious points. If a point is law and the facts. In other words, each step in the legal test you are
ask yourself whether what you uncontroversial, state it as it rarely works to have one large applying, identify any issues that
are about to write assists in some succinctly as possible and move chunk of your answer devoted to are raised and the relevant rule,
way to answer the question. Be on! setting out all the relevant law apply the rule to the facts and
brutal. If it’s not directly relevant, and another chunk devoted to state your conclusion.
no matter how much time you’ve 9. But don’t shy away from setting out all the relevant facts. Oh, and one last thing. Stick to
spent learning it, leave it out. You Generally, the best way to show the facts you are given. Don’t get
the hard issues
don’t have time to waste. the marker that you understand carried away with flights of fancy
But having made all the obvious why the law is relevant to your
One common mistake students about what might be going on
points, have the courage to particular fact situation and how
make is to begin their answer between the parties. The lecturer
also make a stab at answering to apply it to the particular facts
with a general and wide-ranging wants you to discuss his or her
the hard issues. Most problem is to move back and forward
discussion of the particular version of the facts; not your own.
questions contain some issues between the law and the facts,
area of law that is at issue. For
that are hard to resolve. The identifying and then applying the
example, a student asked about Claudia Geiringer
application of the legal tests or relevant legal tests, methodically,
the reception of a particular Senior Lecturer,
constitutional principles to the one by one.
imperial law might be tempted to
facts that you have been given VUW School of Law
embark on a general discussion So, for example, if you were
is uncertain. There is no clear
of the significance to imperial considering the application of the
answer.

Insider’s Guide to Law School | 2010 17


300-Level Electives
In an LLB you get to choose 12 elective papers,
in an LLB (Hons) it’s 10.
So what should you bear in mind?
What are the core papers?
The absolutely core papers are compulsory for everyone and you will have already done them.
The only exception is that you must make the effort to take Laws 334 (Ethics) to be admitted
to the bar. If you want a well-rounded LLB (the best sort) you should also seriously consider
Family Law, International Law, Business Associations (Company Law), Jurisprudence, Evidence,
Bill of Rights, and Conflict of Laws.

Should I specialise?
As we’ve hinted, the best sort of law graduate is one that has a broad base of skills and
knowledge. Make an effort to take papers across the spectrum; the Faculty Undergraduate
Handbook (available from the office) will help you do this. That said, it is absolutely legitimate
to follow your interests, whatever they may be, as long as you have covered your basics.

You might like to weave you degree so you have strengths in, say, Media Law and
Constitutional Law, or Contract Law and the law relating to major financial transactions.

Should I take ‘practical’ papers?


The law degree is, on a fundamental level, about skills in legal analysis and writing. All papers
should ground you in these skills. For that reason you should take a range of papers that
interest you and that you enjoy studying. You should also beware of preconceived notions of
which papers are not ‘practical’. These notions are very frequently wrong. Above all, find out
what papers are actually about and then decide whether the area is one that interests you.

Honours in Law Explained


At all the New Zealand law schools there are two varieties of law degree. You’ve got your
stock standard Legum Baccalaureus (Batchelor of Laws, or LLB) and then your LLB (Hons). At
Victoria, the Honours programme is open to more or less 30 students per year. Admission to
the programme is on the basis of marks at 200-level, and is by invitation. Nevertheless, if a
student has missed out on the required grade point average by a slim margin, the Honours
Your LLB

Coordinator will consider applications.

Once you have accepted an invitation into the Honours programme the structure of the degree
changes slightly. Instead of taking 12 elective papers, you will take 10 electives and two
Honours seminars in your fourth and fifth years, write an extended essay (the ‘489’) in the
fourth year and take a Masters paper in the fifth year. This means around six pieces of legal
writing between 3,000 and 15,000 words in length. Typically, the most popular component of
the Honours degree is the seminar programme, where each student in the group of 12 presents
his or her 3,000 word paper as a seminar each week. This small group format is a particularly
exciting way to learn about the law. After having a series of introductory lectures from the
professor leading the seminar, students are well equipped to debate with each other (and
even with the lecturer), leading to a lot of engagement with each other and with the issues.
Typically the seminar class will be on a relatively broad topic such as Media law, International
Economic law, or the Treaty of Waitangi, which gives students the opportunity to pursue
interesting topics about which they are passionate. While domestic Honours students make up
a large part of the honours and masters seminars, these classes also involve international LLM
students, especially those from the Pacific and from Germany. This is a particularly enjoyable
aspect of the programme, as the range of perspectives in a seminar class can lead to great
debate and discussion.

18 Insider’s Guide to Law School | 2010


Why you
should have a
picture of

on your wall.

Amelia Keene

Alfred Thompson ‘Tom’ Denning, Baron, Law related to maths. It may be interesting to Denning would almost always look, albeit
Lord and Master of the Rolls, has pride of note, then, that Lord Denning studied both disdainfully, at the previous common law
place on my bedroom wall. Dear Denning Maths and Law at Oxford. He served in the rules. But he would rarely stop there in his
has watched over me during many a late First World War and then became a barrister analysis. Rather, Lord Denning could be relied
night of law study. “Why?”, you ask. I should on completing his studies. He was made a on to work through the underlying logic and
note at the outset that I do not intend King’s Counsel in 1938. For more biographical justice of a case. Thus common law could
to substantively trace the influence that information on Denning, have a search for be blown out of the way in an instant if he
Denning LJ had on the development of the him on Wikipedia. thought necessary. This approach infuriated
common law. Nor do I intend to write a some people as it threatened the sovereignty
biography. Far more careful publications on of Parliament. According to the principle of
both themes already exist. Rather, I wanted For a law student, parliamentary sovereignty, the Court’s role is
to share with other law students why I
consider Lord Denning a significant enough
Lord Denning is to interpret, rather than create the law. The
common law has always played a somewhat
judge to put his picture on my wall. exciting. murky role within parliamentary sovereignty.
Arguably Lord Denning stirred up the muck by
Lord Denning is perhaps most famous for In the legal context, Lord Denning was suggesting that judges could create law, as
being the only judge in history who began somewhat of a revolutionary and could also opposed to merely interpret the common law
a judgment with the lines “In summertime be described as a naturalist. He saw justice and statutes. Perhaps, he had a point.
village cricket is the delight of everyone. as the primary goal of the Court and applying
Nearly every village has its own cricket the law as rather secondary. Although Lord If, after thais spiel about who Lord Denning

Your LLB
grounds where the young men play and the Denning was originally appointed a Law Lord, is, you still feel no closer to finding out why
old men watch.” (Miller v Jackson [1977] he resigned to become Master of the Rolls his picture is blu-tacked to my wall. Rather
QB 966). For a law student, Lord Denning is in the Court of Appeal, which is why he is than re-read this peice, go and read one
exciting. His judgments are colourful and full referred to as Lord Denning M.R. Denning LJ of Denning’s judgments. Despite his death
of poetic descriptions. He never hesitated seemed to feel that he was restricted by the a few years ago, Lord Denning remains an
to scoff loudly at the dusty relics of the House of Lords. Fewer cases were appealed inspiration. He exhibited a careful, disciplined
common law. all the way to the House of Lords, so the approach to the law. He was also a fiercely
Court of Appeal would often remain the most individual judge, who clearly expressed his
Although I never met him, I imagine that Lord authoritative precedent. dissension where necessary. One may not
Denning was a charming gentleman with Furthermore, in the CA there were only agree with everything that Lord Denning
a toffee-nose Oxfordian way of speaking, three judges, rather than five. As Denning uttered in his incredible lifetime. Yet most
who insisted on wearing tweed, three-piece commented at the time of his appointment would agree that he is a humbling example
suits and a fob in his top right pocket. back to the Court of Appeal, the odds of of a great legal tradition, of which all law
Law students these days often choose law justice being done were shortened from 4 to students are now part.
because they do not want to do something 1, to 2 to 1.

Insider’s Guide to Law School | 2010 19


Socially Speaking:
University Life in Wellington Good Luck Bar
26 Cuba Street, Wellington
Situated underground off Cuba Street, this
Asian-inspired bar is a haven for students
who enjoy a good cocktail, great dance
music and a superb night out with friends.
The music is always very fresh, alternative
and presented by some of the best local and
international DJs.

Hope Bros
31 -35 Dixon St, Te Aro, Wellington
Located on Dixon Street, Hope Bros offers a
great spot for a drink and dance with mates
before hitting either the Courtenay Place or
Cuba Street scene. Hope Bros has a pleasant
vibe. The bar hosts a wide array of live music.
The upper floor, with its deep booths and pool
tables, offers welcome respite from the crazy
downstairs dance floor.

Lotus Room
24 Courtenay Place, Wellington
Found on Courtney Place, Lotus is a newish
club with a steep set of stairs and a
formidable line. Once you get in, the bar has
Fidel’s Verve strong indoor/ outdoor flow, loud music and
234 Cuba Street, Wellington 250 Lambton Quay, Wellington bright lights. DJs pump out beats that have
A fun little café with great ambience, superb Another spot close to Law School worth a Ministry of Sound vibe. While the dance
coffee and delicious food - try their pizza checking out. Verve is connected to the floor is small, this never seems to worry any
Social Endeavours

menu! It’s situated up the top of Cuba Street Lambton Quay CD & DVD store. The café of the town goers. The hugely popular Lotus is
and has a great outdoor area providing the has a funky vibe, sweet tunes and a relaxed always home to a good night out.
perfect spot to hang out with friends on feel. The cabinet hosts an inviting array of
those sunny Wellington days. croissants, paninis and wraps, while the
blackboard menu is filled with well priced Matterhorn
other options. The spicy wedges are superb 06 Cuba Street, Wellington
Caffé Italiano and unlike so many other places offering Wellington’s most iconic bar is situated
229 Cuba Street, Wellington / spicy wedges, theirs are actually spicy. in the heart of Cuba Mall. New Zealand
19 Brandon Street, Wellington Bar of the Year for the past three years,
Also situated up on Cuba Street this great The Matterhorn has a beautiful ambiance,
Gotham good indoor and outdoor areas and a truly
little café is like stepping into another Chews Lane, Between Willis
world with their imported food and coffee and Victoria Street unrivalled drinks list. The bar tenders are
equipment. The food and coffee are amazing, young, knowledgeable, well trained and very
Situated in the new Chews Lane development approachable. While you’re there consider
but it is the cakes and cabinet selection that (off Willis Street) this Batman inspired café
makes Café Italiano worth a visit. Monday checking out the restaurant, which has
is worth a visit. Gotham provides a delicious just been named Cuisine Magazine’s 2008
and Tuesday evening’s play host to perhaps selection of cabinet food, cool raised booths
the best student deal this city has to offer Restaurant of the Year. You can’t experience
and an absolutely divine breakfast/brunch Wellington without a visit to The Matterhorn.
when their already reasonably priced pastas menu on the wall. A very well priced café that
sell at two for one. doesn’t take itself too seriously.
Southern Cross
Astoria 35 Abel Smith Street,
Parade Café Te Aro, Wellington
159 Lambton Quay, 148 Oriental Parade, Wellington
Midland Park, Wellington Found up the top of Cuba Street, Southern
Located on Oriental Bay, this famous alfresco
Astoria is a local haunt for most Law School Cross, is another old Wellington icon.
Wellington Café is perfect on a sunny day,
students due its central location at the lower Although a bit off the beaten track, Southern
and looks out over the central city. While
end of Lambton Quay. The café offers a Cross is worth the trek. The bar is large but
its counter food is delicious, Parade Café’s
great location for either morning coffee or worth exploring in order to find the perfect
reputation stems from its breakfast and lunch
late afternoon wine. Hosting a good cabinet spot. With both an indoor and outdoor bar,
menu. The prices are reasonable, the portions
selection and worthy menu it is also worth a drinks are never far away. Southern Cross
sizable, and with the finest French Toast in
visit for something more substantial. Get in Bar is a great place to start the night before
Wellington, Parade Café is the ultimate spot
quick as it can often be hard to get a seat. heading inwards to the bright lights of Cuba
for Sunday morning brunch followed by a dip
and Courtenay.
in Oriental Bay.

20 Insider’s Guide to Law School | 2010


Wagamama
The Meridian Building, 33 Customhouse Scopa
Quay, Wellington 141 Cuba Street, Wellington
Wagamama is the perfect restaurant for Scopa, on the corner of Cuba and Ghuznee
a dinner break during long library study Street is renowned for its hot chocolates and
sessions. Situated within five minutes from delicious pizza. The hot chocolate, which
the Law School, the waterside location makes is closer to hot chocolate mousse, than the
it the perfect place to escape your studies. usual watery alternative is certain to boost
You would think that sharing a view with your calorie levels after strenuous hours
Shed 5, the White House and Martin Bosleys fasting in the Law Library. Their sandwiches
would inflate prices well beyond a student are also well worth the price – these are no
budget, yet the meals are affordable, fast and soggy take-away ham triangles.
most of all, delicious.

Tinakori Bistro
Mojo 328 Tinakori Road, Thorndon,
The Meridian Building, 33 Customhouse
Quay, Wellington/ PriceWaterhouseCoopers Wellington
Building, 119 The Terrace, Wellington We all know where to do cheap BYO. If it has
Coffee fiends, your favourite Wellington café Oriental in the title or any sort of Kingdom
chain now does dinner. The Mojo pizza deal then you will be sure to find rowdy groups of
on Thursdays and Fridays will get you a pizza students shouting over bottles of cheap wine.
and two glasses of wine, or Tuatara beer for Doing BYO with a little bit of class is more
$25. The Summit Cafe on the Terrace is a of a challenge. The Tinakori Bistro is one of
great place to stop on your way home from Wellington’s few restaurants to offer a first
those killer 5.30 tutorials. class menu with the option of bringing your
own wine. While perhaps a more expensive
option than the usual suspects, the meals are
The Occidental no greasy satay.
Cnr Lambton Quay & Ballance Street,
Wellington
Breakfast is vital for early morning law
lectures and why wouldn’t you with the Occi

Social Endeavours
breakfast deal? Three dollars for eggs on toast
makes eating out affordable every day.

Leuven
137 Featherston Street, Wellington
The six dollar breakfast deal during weekdays
is ideal for a Monday morning lift. Close to
the Law School and in the heart of the CBD,
this Belgian café/restaurant does fantastic
cooked breakfasts and sugar waffles for the
student wallet. While drinking before class
isn’t encouraged, do return to sample a range
of delicious fruit flavoured Belgian beers
and 2kgs of mussels for the price of one on
Sundays and Mondays.

Insider’s Guide to Law School | 2010 21


How to crack the

The university lifestyle has many special benefits, including an


informality of dress that is evident at every campus. Almost
any outfit is acceptable so long as it is clean, fashionable and
generally inoffensive. The mixture of eclectic wardrobe styles
offers a level of individuality in dress that you are not going to
get anywhere else.

Corporate dress to the outsider can seem uniform, conservative,


restricting and most of all, expensive. With internships starting
well before graduate level, law students are at the disadvantage

Where to Shop for


of having to pay corporate price tags without the full-time
salary. Trust that a well groomed, professional image is worth
spending a few dollars on. Whether you like it or not, the first
impression you make at an interview is the one that counts. You your corporate look.
want to project that you are young, professional, confident and
hardworking. Jeremy Keene
Editor’s Note: The selection of these stores has a deliberate corporate
Regardless of your individual taste in clothing, consider carefully theme. It seeks to provide a starting point for your working wardrobe.
the culture of the organization where you hope to work. There
are two levels of business attire: business professional (usually in
second to none and really do
firms where you are expected to interact with clients and project
know their trade so it pays to
the company’s image) and informal business professional (a more
listen to what they say. Crane
relaxed version of the professional look). As a hopeful lawyer, Brothers is the perfect place
your sights need to be set on the former.
Marvel Menswear to spend that summer clerking
106 Victoria Street, clothing allowance on a suit
Business professional for men is relatively straightforward - it Wellington you will be proud to wear.
means suits and ties. While this is simple, many men get it
Social Endeavours

Stocks a wide variety of New


wrong. Suits do not have to cost the world; more important is Zealand designer labels and
fit. The shoulders are the only aspect of a suit that a tailor can’t a few international brands.
Mandatory
108 Cuba Mall, Wellington
alter. Spend an extra bit and get it tailored and it will turn an Really great cuts in their shirts
averagely priced suit into something you will be proud to put on. and pants and a useful place Mandatory is a well established
for the blending of business Wellington menswear brand
With regard to shirts and ties, do the basics right, shirts should
and casual wear. The service offering a wide array of
fit well and flatter the body shape, take an extra minute to
is professional and the shop apparel, accessories and
ensure that your knot is neat and the tip falls at the top of your tailoring services. Located in
assistants really know their
belt buckle. In terms of shirt, tie and suit patterns, if you’re not the heart of Cuba Mall the
product and are helpful in
confident then keep it simple, go with safe block colours that choosing items of clothing store features a collection
work together every time. which will suit your body shape that is well made, reasonably
and the ‘look’ you are going for. priced and continually updating
Women have a few more options when it comes to business itself. The store offers suits in
professional attire. Essentially there are no rules. While a suit both off-the-rack and made to
is not mandatory, it is always a safe option and certainly good
Crane Brothers measure. Both services are well
Shop 3 99 - 105 Customhouse
to have. Stick to classic colours such as black or charcoal and priced and produce outstanding
Quay Wellington
suits that last. 
brighten up the look with a coloured shirt or structured top.
After ten very successful years
Whether or not you wear pant suits or skirts is a matter of in High Street, Auckland,
personal preference only. You can even mix and match different Crane Brothers has finally Barkers Capital
coloured jackets with your black suit skirts and vice versa. Keep opened a Wellington store. On The Quay
226 Lambton Quay,
in mind that regardless of whether you are wearing a suit, your Crane Brothers holds, arguably,
Wellington
outfit must be conservative, well tailored and thoughtfully put the position of New Zealand’s
premier suit-maker. Such a Barkers is a great place to get
together.
title would typically come with that new season look for a good
price tags to match. Made- price. Honestly, Barkers is the
Be wary of casual attire at work. Casual Friday has been the best place to get any basic item
most misunderstood and subsequently abused custom ever to hit to-measure suits at Crane
Brothers are priced at the same of clothing if you don’t want to
our wardrobes. Your goal is to blend casual with urban chic in a spend an arm and a leg. Along
rate as off-the-rack. Crane
way that still projects an image of professionalism. Leave your with their casual essentials,
Brothers pricing comes due to
gold boots, low tops, jungle prints, mini skirts, tattered jeans and the belief that there “should they have a great selection of
anything else that is in your current clubbing rotation of clothes be no additional barriers in more formal attire with blazers
at home. making the decision to invest in and vests in the latest cuts.
a well fitted suit”. The staff are

22 Insider’s Guide to Law School | 2010


Workshop Old Bank Overland Capital Veronika Maine ranging from suits to evening
Chambers on the Quay 35 Willis Street, Chews Lane, wear. A lot of local designers are
Cnr Customhouse Quay and 226 Lambton Quay, Wellington Wellington stocked including, Trelise Cooper,
Hunter Street, Wellington Overland on Lambton Quay has a Veronika Maine is a sister store Deborah Sweeney and Tymone
Located in the Old Bank Arcade, great variety of casual and formal of Cue and offers a similar range Winter.
Workshop is a great place for mens’ footwear. You are bound of classic suits and corporate
clean cuts and simple design to find something here, whether attire. They stock a great range Andrea Moore
in men’s clothing. Their denim it’s a pair of casual loafers, casual of signature jackets, coats and Old Bank Arcade, Lambton Quay
is amazing and fits well in a dress shoes or formal dress shoes. dresses in corporate styles with
variety of cuts, colour washes a modern edge. VM is renowned Colourful signature items which
There is quite a selection, with
and shapes – it’s a place to find for its innovative designs, unique set you apart from the black
a price range to suit a student
items that go from everyday to detailing and interesting colour masses is a great way to move
pocket.
something more formal. palette. Their sizing is cut slightly into the corporate code without
larger than Cue which makes it a feeling conformist. Andrea Moore
Ultra Shoes great option if you feel that you is all about stunning, bright

Social Endeavours
Area 51 55 Manners Mall, Wellington are in-between size ranges. items which test the corporate
Cnr Cuba and Dixon Streets, boundaries in a way that can
Found on Manners Mall, this is a
Wellington only be described as fabulous.
great little shoe store that stocks
Situated on the corner of Cuba Country Road Unfortunately, with style, beauty
many fantastic international Harbour City Centre
and Dixon Street, Area 51 is and jaw-dropping clothes comes
labels including Ben Sherman, 179 Lambton Quay, Wellington
great place to get casual, good- high price tags. This may be a
Julius Marlow and Camper. A
looking clothes from some of Country Road is fantastic for place to save until the big pay
fine store to find casual and
the best international and local corporate basics. If you are not checks roll in.
formal men’s shoes which are
street designers. Stockists of comfortable wearing shirts, they
fashionable and yet aren’t all
Huffer, Diesel, Fred Perry and stock a great range of dress
over town. Ultra offers a student
tops which can be classified as
Mi Piaci
ksubi, the shop has a great vibe discount on all their reasonably Capital on the Quay, 250
about it. Watch out for the corporate with the right outfit. Lambton Quay, Wellington
priced shoes.
seasonal sales where you can find What is an outfit without the
much of the stock slashed to half Witchery shoes to match? Make sure to
price. With well-informed and Corner Feathertson and Hunter team your corporate look with
helpful staff Area 51 is the place Street, Wellington clean, polished classic court
to go for the latest in casual and shoes or heels. They are a great
The New Zealand flagship store
formal street wear. match with suit skirts which
of this major Australian brand
has just opened on Featherston are cut longer than you may be
Mi Piaci Capital Cue Street. In a similar vein to used to wearing. Mi Piaci has a
226 Lambton Quay
on the Quay Capital on the Quay, Wellington Country Road, Witchery offers fantastic range of classic heels
250 Lambton Quay, Wellington a range of on-trend, well-made and flats with a modern edge.
Cue is city chic, offering current pieces that won’t ruin your credit
Mi Piaci on Lambton Quay is trends mixed with classic
a really good place if you are rating.
corporate style. Their clothes are
after high fashion and formal designed to make you feel young,
dress shoes. All styles are very professional and confident. Cue is Unity Collection
European and look great worn great for classic cut suits or the BDO House, 101 Customhouse
casually in town with jeans and latest corporate trends if you are Quay, Wellington
can also be buffed up for more feeling more daring. Their fabrics Situated on Featherston Street,
formal events. and tailoring are always of high Unity Collection is easy elegance.
quality and the staff are well Although their primary market
versed in how to equip your first is older, they stock a range of
corporate wardrobe. well-made, well-designed pieces

Insider’s Guide to Law School | 2010 23


- the most fun you’ve had
with a case in a long time
The next four pages are a guide to law school competitions from those in the
know. However, if you are still on the fence about giving competitions ago, here
are a few reasons why you should get involved.

• Anyone can do it. Start with a competition that requires less detailed knowledge in your
second year, move on to mooting or witness examination in your third year.

• It’s fun. Comps are basically the thrill-seeker’s sport at law school. There’s nothing like
standing up and making a case or cross-examining a witness to give you an adrenaline rush.

• Competitions develop real skills. The four competitions on offer from the NZLSA (New
Zealand Law Students Association) really do reflect the skills a good lawyer needs. This is
your chance to develop practical skills before you graduate.
Extra Curricular

• Make the law work for you. There’s nothing to make a case come alive like needing to
use it to make an argument to a real live mooting judge who will ask you real questions.

• Win competitions and travel the world. The winners of the Victoria round of the four
NZLSA competitions compete at the NZLSA and Australian champs, and the New Zealand
winners go on to represent their country at the international championships. The cost of
these trips is paid by the sponsoring firms.

• Meet fantastic people. Whether they’re Vic students from your classes, Aussies in
Sydney, or Swedish students you meet at a competition in Austria, entry into comps can lead
to fantastic friendships.

Types of Competititons

Witness examination: witness examination involves the examination in chief of ‘your’


witness and the cross-examination of the witness called by the other side.

Client Interviewing: client interviewing replicates the scenario all practising lawyers
deal with regularly, interviewing clients to find out what their problem is and to give
advice (not specific legal advice) about what the next step for the client might logically
be.

Negotiation: negotiation competitions are typically face to face negotiations between


two lawyers acting for a client in a commercial deal. The object of the competition is
to get the best deal for your client while observing the best negotiation practices.

Mooting: Most moots simulate appellate level litigation (eg a case in the New Zealand
Supreme Court), however the Vis Moot is a good example of a simulated arbitration.

24 Insider’s Guide to Law School | 2010


Moot (n):
(1) A hypothetical case argued by law students as an exercise.
(2) An exercise in intellectual sadomasochism. Sometimes a nerve-wracking
ordeal, yet people seem to come back for more.
At Vic, you’ll have opportunities to moot in various voluntary competitions as well as the
An Insider’s Guide compulsory mooting paper – LAWS 299.

to Mooting In light of the fact that you’re going to moot at least once at law school, here are five simple
tips for surviving your first moot:
Oliver Searle
1. Actually read the cases. You’ll be given cases to cite to support your argument -
read them. The answers are in there, if you look. Taking the time to read the cases, and
note down important things, will make a huge difference.

2. Believe in your case. You are right, your client is right, the other side is wrong.
The more passionately you can fool yourself into believing in your case, the more
convincingly you’ll be able to advocate for them. And that’s the aim of the game.
Remember that it’s a fine line between believing in your case and being a prick about it.

3. Think before you answer questions. Tis better to look a fool than to open one’s
mouth and prove it. As you have to open your mouth, think through what you’re about
to say, rather than launching into it. Silence is not the enemy.

Extra Curricular
4. Practice before you do it. Being familiar with the material is vital, so practice.
Reading your ‘speech’ to the mirror is okay, being questioned by a friend is great - it
makes you respond to things you might not otherwise have thought of.

5. The judge is your friend. If you have a former mooter as a judge, they’re likely
going to grill you. Someone did it to them once, and they’re going to do it to you. If you
have anyone else (practitioner, academic, judge etc), odds are they’re not trying to trip
you up, they just don’t understand what you’re saying, so don’t dodge or dismiss their
questions, engage with them.

Mooting can be great fun, introduce you to amazing people and take you around the world
(or at least to a tiny hotel room with a lovely view of the sun rising as you’re finishing your
submissions at 5.30am). Try not to perceive it as a new form of torture, it’s just you and the
Judge, having a chat about a bit of law. Put in a bit of time before hand, then be polite and
clear in what you say and you cannot go wrong.

Mooting Opportunities at Victoria University

This junior moot is limited to those taking 200-level papers and is an ideal stepping stone to
The Buddle Findlay
Second Year Moot more advanced mooting. The quality of judging is high, with a Court of Appeal or Supreme
Court judge presiding in the final.

This moot is hosted by the University of Otago Law Faculty and is only open to those who
The New Zealand have not represented their university in a national competition. Selection is by trial moot
Family Law Moot
and/or on the basis of interest in family law.

This prestigious open entry moot is the main mooting competition at Victoria. Winners go
The Bell Gully on to represent Victoria in the New Zealand and Australian competitions. The best speakers
Mooting Competition in the final receive the Thomas Prize and have their names entered on the Sir Richard Wilde
Cup. The final is held in the High Court number one courtroom and is presided over by a
judge of the Supreme Court.

The New Zealand This moot is held in Wellington each year and deals with a problem based on the
Bill of Rights Act Moot Bill of Rights Act.

The Willem C. Vis International Victoria continues to be one of the strongest performing universities at this arbitral moot
Commercial Arbitration Moot hosted in Vienna each April.

The European Law Students This highly competitive World Trade law moot saw the Vic team romping to victory in the
Association WTO Moot Asia/Pacific round in 2008.

Insider’s Guide to Law School | 2010 25


Negotiation learning the art (and science)
Kate Stone
Winner of Victoria of good conversation
Negotiation Competition Adam Edwards
2009 Winner of the Victoria Client Interviewing Competition 2009
Last year a good friend of mine, Zoe
Lawton, convinced me to enter the Vic So you are studying law and want to become a lawyer? One of the largest and most
Negotiation Competition on the basis important parts of practicing law is being able to competently interact with a client. If
that it was just going to be a couple of you are anything like me, interacting with clients is where much of the intrigue of a career
hours of prep, one evening and a bit of in law lies. However if you are studying law with no view to practice, it will come as no
fun. Before we knew it we were in the surprise to know that you will still have to interact with people. In nearly everything you
Vic Semi-Finals, the Finals and then on do, both now and once you begin your professional life, you will need to be able to converse
our way to ALSA and NZLSA to represent clearly, listen attentively and treat people considerately. Should you wish to improve your
Victoria in negotiation. proficiency in these crucial skills, the Client Interviewing Competition may well be for you.

I had not had any previous experience What is it?


in formal negotiation, but have always As is the case with all four competitions there are regional finals at each university, national
taken an interest in alternative dispute finals, Australasian finals and, if you are lucky, international finals. The Client Interviewing
Extra Curricular

resolution and participating in the Competition enjoys impressive support from Russell McVeagh.
Negotiation Competition was an excellent The competition judges competitors in teams of two on how they handle a fictitious client
opportunity to gain some practical problem as “lawyers”. The interview itself is broken down into two main stages – the actual
understanding of how a negotiation consultation with the client and the post-consultation period where the client is not present
works. and the lawyers discuss how the interview went and how they will proceed to address the
client’s situation. The client is played by an actor who, with any luck, will look, sound, feel
In the first round without any idea what and smell just like a real client (though focusing on the final two senses in an interview is
we were doing Zoe and I played off each not recommended). During the consultation stage the client should react to things you say,
other’s strengths (rolling out somewhat ask questions when they do not understand and show emotion when necessary. You will
of a good-cop/bad-cop routine), informal be evaluated on how well you interact with them, handle any issues that arise during the
negotiation skills, and I guess a bit of interview, how you extract information from the client and ultimately the legal and non-
luck. We received our fact situation and legal advice you give. The fictitious problem can be on any area of law.
confidential facts for our client a couple Reading that paragraph may make the prospect of participating in the competition sound
of days before the first negotiation, and daunting but do not be put off. Your task is simply to direct the actor through the process –
prepared for what we thought the other to listen, react and suggest some solutions. It is not about ‘legalese’ either, judges (typically
team might throw at us. Once in the a lawyer/faculty member and another with counselling experience) are looking for relaxed
negotiation we tried to seem amicable conversation, good questions, simple explanations and common-sense solutions.
and flexible, while maintaining in control
and getting the best deal for our client. What will you need?
For the next few negotiations we only As the competition requires that you must compete in a team of two, you will need a friend
received the fact scenario shortly before who is also studying law. Pick someone you are comfortable with or have worked with
the negotiation. This meant we had to get before. Ideally you will both be confident, have the ability to think and react quickly on your
to know each other’s negotiating style feet and possess good common-sense. A broad general knowledge of a few different areas
well and trust each other. of law does help but is not essential.
If you want to do well in the competition, try to talk to someone who has participated in the
Throughout the process we got excellent competition before you compete and pick up a copy of the Client Interviewing Competition
feedback from experienced judges Competitors’ Pack from VUWLSS to familiarise yourself thoroughly with the rules.
which meant our performance improved
markedly with each round. I learnt Why should you get involved?
heaps about working in a team, and that There is a misconception out there that law school competitions are only for (geeky)
although negotiation is meant to be a less senior students. This is far from the truth. No special experience is necessary and these
adversarial form of dispute resolution it competitions provide invaluable opportunities to develop legal skills and substantive
still gets pretty heated in there – the key knowledge of various areas of law. The Client Interviewing Competition offers you an
to success is the ability to seek mutually opportunity to develop these skills and discover life in law school outside the lecture room.
beneficial solutions even when the parties The perks are pretty good too. Do well and not only will you win a trophy and add a new
seem to have conflicting interests. It was facet to your CV, but you may get to travel – all expenses paid – within New Zealand, to
a great chance to meet other law students Australia and potentially even further abroad. You will have a bloody good time and meet
from Vic, and other New Zealand and some fantastic people and find that this is perhaps, the best part of the experience.
Australian universities – not to mention Give it a go.
the free trip to Australia!

26 Insider’s Guide to Law School | 2010


Witness Examination
Yogesh Patel
Winner of NZLSA and ALSA Witness Examination Competition 2009

“It’s a competition for those of us who are too lazy to moot, and not diplomatic
enough to enter negotiation....”
- Anoymous previous competitors

What is it all about?


Each witness examination has two competitors, the prosecution/plaintiff and the defence/
defendant, in what is either a criminal or civil trial. You are given two witness briefs and a set
of common facts with relevant law. The twist being your witness’ evidence will contain several
points of clash and inconsistency with your opponent’s witness’ evidence about the course of
events in question.
You are given an hour to read over these materials and prepare an opening, an examination in
chief, a cross examination, and a closing; the aim being to advance your theory of the case in a
way that undermines your opponent’s theory.
You then meet with your witness for thirty minutes and discuss potential lines of questioning

Extra Curricular
your opponent might ask them in cross examination, and the important things about the case
you are proposing that they should be aware off.
The two competitors then argue their case, in front of a judge. The prosecution/plaintiff will
open, and then conduct an examination in chief of their witness. The defence/defendant
will then cross examine that same witness, do their opening, and conduct an examination in
chief of their witness. The prosecution/plaintiff then cross examines that witness, before each
competitor delivers closing arguments.

The most fun part?


Well, apart from the time you manage to get your opponent’s witness to confess all in cross
examination, it has to be ‘objecting’. Just like Boston Legal, you can jump to your feet and
object to lines of questioning your opponent is conducting. Unlike Boston Legal, you should
have a reason to object before you jump up... even if it’s a pretty loose one.

Do I need any experience to enter?


No.
I had none. I had never seen a witness examination, didn’t know what ‘openings’ and
‘examination in chiefs’ were, and had no idea there were rules of evidence to know about and
object to (they still somewhat elude me...)
To ensure you have some idea of what’s going on, upon entering the competition you are
given an outline of what happens and all the rules you need to know. Plus, VUWLSS is running
workshops this year, so you will have some idea of what to expect!

What’s in it for me?


First and foremost, it’s actually really fun to do. It’s high intensity, makes you quick on your
feet, and the problems you argue are wide ranging, from terrosim threats, to people streaking
in Westpac Stadium.
Apart from that, like the other competitions, there are free trips up for grabs. ALSA is held
in Adelaide this year, and if you win the VUW Witness Examination, you will representing
Victoria against the very best in Austral-Asia. NZLSA is the New Zealand version of this
competition, and will be in Dunedin... not quite as glamorous, but certainly just as fun.
Did I mention the trips are both free? The flights, accommodation, meals and your drinking.
Superb.
There is also the chance, should you make it to the finals, to argue your case in front of
some pretty impressive judges in some pretty impressive locations. Their questioning of
your case can certainly make anyone sweat (read: High Court of Australia /Supreme Court
of New Zealand).

So is there a chance to make it this far?


Last year I won Witness Examination at both competitions – the first time a New Zealand
competitor has done this in the same year. So yeah, your chances aren’t bad at all!

Insider’s Guide to Law School | 2010 27


The Law in Schools Project The Law Revue vs The Law Review
The Law in Schools Project is designed to introduce secondary If the student lifestyle doesn’t provide you with enough drama and
school students to the New Zealand legal system and to everyday excitement, then you may need to get yourself involved in one of
legal issues. The Project, funded by the Law Foundation and law school’s most entertaining attractions, the Law Revue. The
Russell McVeagh, uses senior law students at Victoria who Revue is an annual show in the finest tradition of student revues: a
provide seminars to groups of interested secondary school loose and humorous plot, a bunch of funny skits and heaps of fun
students.  for the cast. And that’s the beauty of it; the object of the show is
The Project involves two major components: first and foremost to have a great time getting to know the other
law students and young lawyers who appear in the show. The
1. A basic introduction to the New Zealand legal system, consequence is that Revue parties are about as frequent as Revue
which discusses the reasons for having law, and the types rehearsals. That’s not to say that the Revue isn’t a top notch
of law we have in New Zealand and; show, brimming with artistic genius. Just ask the punters. The
2009 Revue – A Night in Law School – received rave reviews from
2. A selection of modules on specific legal topics selected sources as diverse as High Court judges, my flatmates, and the
by individual schools, including aspects such as flatting, director’s mum.
employment and dealing with police.
Another thing about the Law Revue: don’t confuse it with the Law
The advantages to the student volunteers for being involved Review, the scholarly journal published by the Faculty of Law at
with the Project include being able to write and research Victoria. The VUW Law Review is a leading journal published four
information for the modules and to introduce young people to times a year, it gives students a chance to work with academics
the law. In most schools, students simply do not have exposure and other leading legal scholars across the breadth of legal
Extra Curricular

to this important knowledge, and so it is a great way of giving scholarship. The Review is internationally recognised, and is
something back to the community. distributed to over 450 law schools, libraries, and organisations
The Law in Schools project is always looking for volunteers to internationally. The job of a student editor is very rewarding and
help teach classes and research modules. If you would like to be choice on the CV!
involved, please contact us through info@lawinschools.org.nz or
visit our website: www.lawinschools.org.nz

The Study of Law Leads to Dispute Resolution


Volunteer at the Community Law Centres
Hollywood would have it that law graduates will inevitably become
If you’re wondering how to get more out of your law degree, litigators slogging it out in a Court. When I embarked on a law degree at
why not give a little back at one of Wellington’s community law Vic, I had that vision for myself. However the reality is that even those who
centres? The Wellington Community Law Centre (WCLC) is the wish to be litigators will need dispute resolution tools at their disposal, as
obvious choice – it’s been around for ages and has established most clients want their lawyer to be able to negotiate and much legislation
programmes for law student volunteers. However there are others today requires consideration of settling the dispute without recourse to the
around, like Te Ratonga Ture Maori Legal Services in the city, or Courts, often by mediation or with a range of alternative dispute resolution
Whitireia Community Law Centre in Porirua who also need eager methods.
young minds. The Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) is the
largest professional institute in New Zealand for people working in the
Volunteering at a law centre gives you a taste of the law in action – area of dispute resolution. Its members include arbitrators, mediators,
applying what you learn at school to real life situations. It’s a great adjudicators, conciliators, facilitators, investigators and expert witnesses
way to get some practical experience before you graduate and plus those who are interested in alternative dispute resolution.
might help spark revelations about what you actually want to do. AMINZ offers students a free membership while they are in full time study.
The type of work will vary – all centres provide a full range of legal Membership provides the following benefits:
services so it’s anything but monotonous. You might be helping • Networking opportunities with experienced, working professionals in
with protection orders, then employment contracts, then care of dispute resolution.
children applications, then consumer rights. The list goes on. Some • ccess to the database of information held on the members’ only part of
centres also provide topic-specific services - the WCLC has services the AMINZ website.
dedicated to Refugee and Immigration and Women’s issues, and Te • Member only discounted rates to all AMINZ events including training,
Ratonga Ture has expertise in Maori land issues. networking events and the annual conference.
• Regular emails and notices to keep you updated on matters of interest to
You don’t have to give up a tonne of time either – just an hour dispute resolution professionals.
or two a week. Future employers think it’s great. You get to meet • Bi-monthly newsletters.
cool kids doing the same things you may want to do later on. And • Commercial benefits including discounts on relevant texts, corporate Koru
they really need your help. Like most free services – law centres are Club membership and discounted professional indemnity insurance.
not resource-rich and rely on community-minded, good-hearted, You can apply to become a member online: www.aminz.org.nz Click on
philanthropically-persuaded people like us. If you’re interested, “membership” and follow the link to the application.
check out www.communitylaw.org.nz, or call the Wellington
Community Law Centre (04 472 2320), Te Ratonga Ture (04 473 Deborah Hart
1781), or Whitireia Community Law Centre (04 237 6816). Executive Director
AMINZ

28 Insider’s Guide to Law School | 2010


SIMPSON
GRIERSON
WANTS TO
GIVE YOU
$3000.
Simpson Grierson understands the importance of having
the best possible start to your career. That’s why we are
offering at least nine national scholarships for 2011.
You will receive:
• $3000 towards your penultimate year of study
• a summer clerk position for 2011/2012 in either our Auckland or Wellington office
• $1000 cash clothing allowance for your summer clerkship
• access to our law library
• a mentor to provide you with advice and guidance on your studies and career
This is your chance to apply yourself.

Applications open on Thursday 1 July 2010, and close on Wednesday


1 September 2010. Students who will be completing their degree/s in 2012
are eligible to apply. Application forms will be available at your Law
Faculty Reception, University Scholarships office or on-line at:
www.simpsongriersongrads.co.nz from 1 July 2010.
Why Studying Law
doesn’t mean you
have to be a Lawyer
Careers

Some four year-olds line up their soft-toy animals and pretend to be a zoo-
keeper, while others dream of being doctors, using the kitchen table for make-
believe surgeries, many pretend to be astronauts, bouncing up and down the
hallway in a low-gravity fashion. Some just want to be batman. Perhaps the
saddest of all four year-olds are those who steal mum’s black dressing gown and
dad’s briefcase and pretend to be lawyers, articulating why their beloved teddy
bear should be found not guilty of some arbitrary offence. Indeed in your lectures
some of your contemporaries would have been like this, dreaming of being a
lawyer since a very young age.

But fear not if you were not this child. You may arrive at your first class at law with no
intention of ever practicing law, many leave their last class of law with that very intention.
The idea of selling away your youth for the hope of being made a partner and given a corner
office may not excite you. I mean, who wants to be just another dark suit strolling Lambton
Quay or hidden in the dark shadows of Astoria, just another butt of a bad lawyer joke.
In this situation it’s easy to say to yourself, I have no interest in being a lawyer, so why am I
studying law?

The purpose of this article is to put your worried mind at ease. On one level, law is a
professional degree designed to produce lawyers, however in reality it is much more than this.
It is a qualification designed to change the way in which you think about the world and equip
you with some of the skills you may need to solve its problems. Given this, the opportunities
for where your LLB may take you are much broader than the aforementioned corner office.

It is beyond the scope of this article to list the endless-list which is available. But Victoria
graduates regularly attract offers from government departments such as the Ministry of
Foreign Affairs and Trade or the Ministry of Justice. Many take their skills deeper into the
world of politics either working for particular members of Parliament or becoming MPs
themselves. Indeed Victoria’s law school has a proud history of its alumni holding prominent
positions in government, two out of the three New Zealand Prime Ministers who have held
law degrees have come from Vic as does the current Minister of Justice Simon Power, Attorney
General Chris Finlayson and the Minister of Pacific Island Affairs Georgina te Heuheu.

Outside of the wheels of government, students have been known to go on and be involved
in the private sector in industries such as banking, insurance, telecommunications and so on
either as an in-house legal advisor or in a more general management role.

It may be that the University lifestyle appeals so much that you just don’t want to leave.
Many students find their lecturers to be inspiring and opt to follow in their footsteps
continuing on with postgraduate study in law, honing their understanding of dark and
mysterious concepts and passing that knowledge on to future students.

This is just a small introduction to the world of possibilities that an LLB presents. At the end of
the day, if none of it appeals, just follow in the steps of Vic LLB (Hons) graduate Conrad Smith
and become an All Black.

30 Insider’s Guide to Law School | 2010


Law and Academia: The LLM and Beyond.
Jessica Kerr 

Victoria University student, Jessica Kerr, by, recovering from sensory overload and on our first day, that the richest part of the
received a 2008 Fulbright New Zealand letting the tranquil New England summer learning experience at this very sophisticated
General Graduate Award to complete ease me into an appropriately dignified Ivy institution is often in simple conversation
a Master of Laws degree at Yale League state of mind. New Haven is a small – in talking, and listening, and marvelling
University in New Haven, Connecticut. city, perched on the coastal arc between at the space that opens up as our different
Jess reports on her initial impressions Boston and NYC, with a fairly grim reputation perspectives gain new depth and possibility
of the historic Ivy League university. that I’m now beginning to understand as in relation to each other. Which isn’t to say
stemming from the pervasive (and, for a that the formal teaching environment isn’t

Careers
Flying into New Orleans hot on the heels of New Zealander, un-ignorable) economic wonderful – I’m lucky (or foolhardy) enough
Hurricane Dolly, over a giant oil spill in the gulf between Yalies and, well, almost to be taking only very small seminar courses
Mississippi and into a city of thunderstorms, everyone else around here. In the central this semester, which puts me in astonishing
oppressive heat, unforgettable jazz and Yale campus area it’s breathtakingly pretty, and pretty daunting proximity to professors
super-sized everything made for a dramatic and in the late summer the campus buildings I could spend a whole lifetime listening to, if
start to my Fulbright year. The three weeks – which could be described as a testament they didn’t spend most of the time listening
I and another New Zealand Fulbrighter, Rob to Americans’ complete unconcern with to us and inviting us to discover and sharpen
Vosslamber, spent at Tulane University were historical snobbery – almost seem to glow. our own ideas.
designed to give us an introduction to the Even my underdeveloped colonial sense of
US legal system and help us catch our breath history had to respond to the surreal vibe of Did I mention that when I’m not in class, in
before the year began in earnest. our gorgeous Harry Potter-style Sterling Law conversation or in rapture at the fall foliage
Building, which proudly juxtaposes several just starting to turn, I’ve been walking 100
There were definitely some academic eye- distinct architectural eras and many artfully metres down the road to a hall where I’ve
openers, like the day spent in court watching “repaired” leadlight windows –making it easy seen Tony Blair speak one week, Bill Clinton
first-time marijuana possession accused, to forget that it was all constructed in the the next, and had the unbelievable good
some of whom had been in custody for days, space of a year or so in the 1920s. fortune to be allowed to sit in on three
shuffling in shackled at their wrists and absolutely blissful (for me) days of frank and
ankles. But the city was a whole learning Our orientation into the “small but perfectly inspired discussions between some of the
curve in itself. Being robbed on our first formed” law school community was perfectly most distinguished Supreme Court judges in
night out in the French Quarter may have managed – it’s amazing how quickly my sense the world? I’ve eight months left at Yale to
been a little too educational for comfort, but of unmitigated unworthiness (which seems to soak in everything I can, and this new life in
everyone else I met was so overwhelmingly be standard for YLS international students!) New Haven, in a country that may be about
friendly that it was hard to take away faded as a succession of accomplished and to usher in an entirely new political age,
anything other than happy memories – in articulate faculty and undergraduates reached won’t be getting old in a hurry.
fact, memories verging on awe at how such out to welcome me. And it was astonishing Article courtesy of Fulbright New Zealand & V. Alum.
a ravaged city had sustained an incredible, to realize that my announcement of my
all-pervading mood of dedication to eating, nationality (if there was any doubt about it
drinking and generally making merry. from my apparently incomprehensible accent)
Onwards and upwards (literally) from was a source of much, much more than polite
Louisiana, I survived Philadelphia airport and curiosity or even predictable amusement.
staggered into the more sedate environs of There really is a sense of wonder about our
Yale Law School, where the first week flew tiny, tough little country and how we seem to
have escaped so much of the grief and rage
I’ve been walking 100 that fills the political and cultural histories
of classmates, especially those from Latin
metres down the road America and Eastern Europe. Taking the first
to a hall where I’ve tentative steps towards seeing my personal
and national history through the eyes of
seen Tony Blair speak perceptive, interested people from all over
one week, Bill Clinton the world has already opened my eyes in a
way that I don’t think any amount of sitting
the next. and thinking at home could have done.And
it really has been true so far, as we were told

Insider’s Guide to Law School | 2010 31


Summer Clerkships and Internships
Whatever your day job during term, clerkships and internships are a great way to earn a crust and get a great start to your
legal career. Summer clerking in one of New Zealand’s ‘big seven’ corporate law firms is typically the career move that law
students start making a song and dance about around third year of law school. But like your Grandmother always said,
there are many ways to skin a cat, and it couldn’t be truer of summer clerking. This section of the Guide covers career
opportunities available to law students to get some real-life experience while you’re still studying: summer clerking; public
sector internships; clerking in small and medium-sized firms, and the clerking OE.

Summer Clerking the 29th of March 2009, so the turn around drinks usually start at around 5.30pm so it
time is not very long. It is actually a lot of is unlikely that you will have had dinner and
in a Big Firm
Careers

work getting together your applications, and the nibbles will probably not suffice to make
some of their components may take a while sure that the champagne doesn’t go straight
The Gig to compile. You should bear the following in to your head.
Summer law clerking (pronounced ‘clarking’)
mind:
is a job opportunity which occurs every year.
Each of the large nationwide law firms hires • CV preparation is important. Make sure Make sure you have a glass of water handy
clerks to work in their Wellington or Auckland that your CV is tailored to a clerking job and that you actually take something off the
offices over summer. .Summer clerks are and highlights the right aspects of your nibbles trays. For a start they’re delicious, but
paid a pretty decent salary, and law firms skills and experience. Talk to Vic Careers more importantly you want to be intelligible,
get to see close-up who they might want – they will be holding CV preparation cool, calm and collected after your second or
to make offers of graduate employment to. workshops, some of which will be third drink…
The process of applying for one of these jobs facilitated by law firm reps, throughout Do not crowd around partners. The biggest
is pretty involved – hundreds of students March (http://careerhub.vuw.ac.nz);
apply and each of the firms will only take
between 5-20 clerks in each of its offices The nibbles will probably not
• School testimonials are sometimes
(although there are sometimes more spaces
required - make sure you give your school
suffice to make sure that
in Auckland offices). If you do get the chance
to clerk though, it can be a pretty awesome enough time to get as many copies as you the champagne doesn’t go
opportunity to learn how a large law firm need to you straight to your head.
really works; decide whether you want to go
into corporate law; make some great friends • Letter writing takes longer than you
in the other clerks, and also get paid over the think, and its best if you try and tailor your mistake people make at these functions is to
summer! letters to the firms (include any aspects latch on to partners like oh so many blood
that drew you to that firm, what you hope sucking leeches. You need to work the room,
Applications and cvMail to get out of the clerkship, and any area and that means the whole room! Sure, spend
Application packs are available on the 11th you are especially interested in); some time being articulate and charming
and 12th of March 2009 in the Law School with a few partners, but you also need to
Common Room. These packs usually contain • While only some firms require a scanned make a good impression with the grads and
information about the firm, application forms, copy of your academic transcript intermediate level solicitors.
and some kind of gimmick (past examples For the love of God be yourself! There
include, but are not limited to: giant paper • Some firms electronic pass photo is nothing more distasteful in the legal
clips, American hot dogs, baby pohutakawa world than law students being greasy and
seedlings and branded stationary). Choose Pre-interview drinks disingenuous at a corporate cocktail function.
as many application packs as you want – the If the firm likes your application they will Broadly speaking, firms like people with
firms know that you will be applying to other send you a letter inviting you for an interview. personalities (of their own).
firms (often all of them). Before this though, you will be invited to Above all have a good time, do NOT drink
drinks at the firm (obviously your interview too much and try and actually take in what
Because the big firms are young and hip and does not take place directly after the drinks, people are saying. Remember that the way
cool, these days all applications are dealt with but in the week following). These drinks are you engage with the staff at these functions
electronically via a magical system called a chance to meet some of the people who is a part of the process for firms to work out
cvMail. By registering as a user at www. work in the firm, especially recent law grads whether they want to hire you!
cvmail.co.nz students are able to submit their who will know exactly how nervous you
personal and academic profiles to as many of are and will be really nice to you. You will The interview
the seven big firms as they choose to click. also probably be introduced to the people This is probably the hardest part of the whole
It’s important to remember, though, that who are interviewing you. It makes sense process, because it’s where one or two of a
some firms want to know more about you to get someone to point them out to you if law firm’s partners (sometime plus someone
than others – read the fine print – and that no one does introduce you – this will make from HR) actually ask you - in veiled terms -
you will be able to attach different versions your interview a lot less scary, because you why on earth they should hire you as opposed
of your CV for different firms already kind of know who will be sitting to every other over-achieving, intelligent
Applications for the big firms are due on on the opposite side of the table. These law student who has made it through to the

32 Insider’s Guide to Law School | 2010


make you nervous or be mean. Try and think you might need a few seconds to think of a
about the interview as a positive chance time when you were in a situation where you
Summer Clerkships and to show off your best skills and to get to had to resolve a conflict! If you really can’t
Internships Continued know someone who knows a bit about the think of any applicable situations you can ask
corporate legal world. to come back to the question later.

interview process. Every firm asks different Most importantly: • Don’t be false (don’t say things you don’t
questions in interviews. While some are • Go to interview skills workshops offered mean) – firms want real people with real
informal rambling yarns, others can feel like by the firms at by Vic Careers. ideas.
the Spanish Inquisition. Most firms will give
you one or more ‘situational’ or ‘behavioural’ • When you have found out who your The Pay-Off - Offers and the Job
questions – the classics include Can you tell interviewing partners are, go to the firm’s A couple of weeks after the interview, firms
me about a time when you’ve worked with website and have a look at what they do for will send you a letter saying whether they are
other people as a team? and Can you tell a living. You may even like the look of what making you an offer or not. Usually you’ll
me about a difficult challenge you’ve faced they do and want to ask them about it - have a phone call as well if you are to receive

Careers
and how you overcame it? Yet more bizarre they’ll most likely appreciate that. an offer. Depending on how keen the firm is
questions have been used, such as If one of that year they may also send you any or all
your family members was in this room right • Dress smartly, be clean (especially of: postcards; chocolate bars, text messages,
now, what would they say your biggest faults nails), arrive on time, smile (you want the and gift hampers… what recession?
were? And then the obligatory: what do you clerkship!), and thank the interviewers for
hope to gain out of your clerkship? Why do their time. They could be charging someone If you don’t get any offers, you’re not alone;
you want to summer clerk? (do think about $550 for that hour. if you get more than one, you might have
this one!) What do you think you can bring to think carefully. If you’re in the fortunate
to the firm (eg particular skills you have - • Most firms have a junior solicitor ready position of making a choice, think about
they’re not expecting you to bring in new to meet you when you arrive. This is great what you want out of the clerkship and then
clients just yet!) At the end they will ask because it’s someone near your age who can go along to the post-offer dinners (these
you if you have any questions – do try and help you relax and adjust to the big shiny are pretty flash) and try to judge the firms,
think of some, they want to know that you corporate environment. The people who the people and what they say against those
are genuinely interested. Try and think if you do this are also singularly friendly and nice. criteria that you’ve set for your summer.
got offers from every firm what would be the Remember, though, that this person is not
deciding factor for you to go to one of them only making you comfortable, but may also Once you get to work it’s a fantastic job.
– would it be a placement in the right team, be sizing you up as part of the interview There’s great people, great work, and perhaps
would it be having a try at lots of different process. most importantly, great in-house catering.
teams, would it be the specialist area a firm is Not to mention the Friday night drinks.
involved in etc. Remember – the interviewers • If you have a question that requires taking
want to get to know you, they don’t want to time to think, that’s totally OK. Just say that

Public Sector Thinking Outside is Izard Weston – one of the country’s oldest
Internships the Legal Square legal practices. To get a foot in the door for
these jobs a little more investigations and
Great recent additions to the summer While most people are swept up in applying initiative may be required, but it can pay off
internship menu include the State Services to the large national firms, it’s important to spectacularly.
Summer Internships. For those who are more remember the abundance of firms who have
inclined towards public service than legal a more low-key summer recruitment process The Clerking OE
practice these internships beef up the cv and while still offering amazing opportunities for And if New Zealand is too small a pond for
offer great opportunities to gain experience. summer work. you, exciting opportunities exist overseas
While the majority of positions do not have for New Zealand law students with a bit of
a specifically legal focus, some do. For Boutique Firms initiative. In particular, firms in Australia and
example, working for three months in the Some of the best – but by no means the only London have increasingly begun to hire New
Treasury’s legal team can be a great stepping – examples include the Crown Law Office and Zealanders as paralegals or summer clerks.
stone to legal practice as in-house or in a Chen Palmer. While the Crown Law office Last year Vic students worked as seasonal
law firm. Applications are typically called for does not often advertise summer internships, clerks in Melbourne and Sydney for top
in the middle of the year. For information it typically does take on one or two interns Australian firms Allens Arthur Robinson and
and deadlines, visit http://www.jobs.govt.nz// who are able to experience some of the most Blake Dawson (applications open 2 march
jobseekerinfo/internships.aspx interesting and important legal work done in 2009 - for more information see http://
New Zealand. Similarly, Chen Palmer – New careers.blakedawson.com/ and http://www.
Zealand’s leading public law firm – will take aar.com.au/). Recently Herbert Smith, one of
on summer clerks from time to time who the UK’s top firms has also been hiring Kiwis.
have expressed an interest directly to the For more, see http://www.herbertsmith.com/
firm. Another highly-respected Wellington Careers/.
firm which sometimes takes on summer clerks

Insider’s Guide to Law School | 2010 33


judges clerking!
M. B. Rodriguez Ferrere
Otto von Bismarck once said that the law is like a sausage: it is better not to see Whilst other graduates
it being made. For those who inherently distrust former inaugural Chancellors of
may be content
Careers

the German Empire, then considering becoming a Judges’ Clerk should be top of
the agenda. with merely eating a
Not many law graduates have meaningful interaction with the Judiciary in Court, and still less sausage, Judges’ Clerks
have interaction with it out of Court (excluding those prone to stalking the streets of Karori have the joy of seeing
and Khandallah). In this regard, Judges’ Clerks are in an envious position.
and assisting with
Essentially, the position of a Judges’ Clerk is a research assistant to the Judges of the High what goes into that
Court, Court of Appeal or Supreme Court. Although they are close to demigod status, the simple
fact is that Judges are not necessarily aware of all the recent developments in all areas of the sausage. Delicious.
law. The job of a clerk involves assessing proceedings that come before Court, researching the
applicable law and apprising the Judge on the most relevant and recent legal authorities that
area. This sometimes means long hours spent in the library or in front of LexisNexis, but it also
affords the opportunity to discuss and debate complicated legal issues with both Judges and
other clerks. For those with a penchant for matters academic, that is one of the highlights of
the position.

Judges’ Clerks are directly employed by the Ministry of Justice, but operate at the pleasure of
the Judges of High Court, Court of Appeal and Supreme Court. At the High Court, the three
permanent registries (Auckland, Wellington and Christchurch) hire Judges’ Clerks on a ratio of
two Judges to one Clerk. At the Court of Appeal and Supreme Court, each Judge has their own
clerk.

Each of the three Courts have a different jurisdiction, and this roughly correlates to a different
culture and emphasis for the clerks employed there. Since there are fewer cases heard at the
Supreme Court level, more time can be spent on research into the policy reasons and principles
underlying the Court’s judgments and the development of the common law. In the High Court,
the volume of cases heard is very high, so there is less of an emphasis on academic research,
and more exposure to the business of practically resolving proceedings with efficiency and
efficacy. The Court of Appeal lies somewhere in between. Despite these different emphases
however, the roles at each Court remain richly rewarding.

Moreover, being so close to actual Court proceedings will allow those law students who aspire
to appear as barristers before the Court to gain a unique insight into the Court process. For
those law students who have a predilection towards the more academic and intellectual
aspects of the law, then the heavy research component in the position affords opportunities
not present in other graduate positions.

Given New Zealand’s common law jurisdiction and the weight that is placed on judgments as
developing and elucidating the law, it is particularly inspiring to see those judgments being
made. To horribly extend a metaphor, whilst other graduates may be content with merely
eating a sausage, Judges’ Clerks have the joy of seeing and assisting with what goes into that
sausage. Delicious.

Clerking positions are usually advertised mid-way through the academic year, and those in their
final year who have expert research skills and an excellent academic record are encouraged to
give judges’ clerking some thought.

34 Insider’s Guide to Law School | 2010


BE A PART OF WHAT
HAPPENS NEXT

APPLY NOW
Join Chapman Tripp as a summer clerk and you’ll find yourself at the heart of the action, working on matters that impact
New Zealand’s business community, government policy and the economy. That’s just one the advantages of being part
of this country’s pre-eminent law firm.
Visit www.graduates.chapmantripp.com. Applications close 25 March 2010.

www.graduates.chapmantripp.com

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