PaulGallagherLegalBlog

TOO BUSY TO ASK FOR BUSINESS!

2010-08-17T15:37:00.002+12:00

Those of us who are flat out doing what we do best often find ourselves in the position whereby we are "too busy" doing what we do to realise that we all need a steady flow of new work and/or repeat work.

Have you ever thought that simply by going about your work and dealing with your many "core" customers or clients that they in turn mix and mingle with many other similar folk with similar values, interests and requirements?

So - why not take advantage of this and make it known to your customers or clients as you are dealing with them are only too keen to help where they can - all you have to do is ASK - an that you appreciate their business and enlist their help to grow your business by seeking referrals from their own friends and associates - it is one of the easiest methods of tapping into more work. Also, you will find that your existing customers and clients that is the hardest part for most of us. Go on - give it a go............

Increased jurisdiction for the Disputes Tribunal

2009-03-19T16:09:00.002+13:00

The government has announced that it is going to increase the jurisdictional limits of the Disputes Tribunals up to $50,000.00 (presently $7,500.00 as of right or $12,000.00 by consent). I don't know what other folk feel about that prospect but I believe that such an increase will be a disaster.

My experiences in the DT have consistently shown that the "variability factor" in their decision making leaves a great deal to be desired. Decisions made are often quite arbitrary and lack any consistent logic. Cheap though the DT may be, the outcomes generated are very much a lottery. In an attempt to take some pressure off the District Court they are in my opinion exposing the public to a second grade system that I believe does not reflect at all well on our Court system.

Don't get me wrong, there are many capable DT referees but there are also many whose ability is questionable to put it mildly. The new limit of $50,000.00 opens up a potentially huge range of problems particularly when you take into account that parties are not entitled to be represented and that whilst the referee must consider what the law is they can basically decide a particular case on the basis of what they believe to be "just".

I am genuinely appalled at this development and what it may mean for many people and for small businesses. It also does not help the ever present need for a truly user friendly debt collection Court or system.

I would be interested to hear what others think of this development especially from those who have had some experience with the DT. What so you think?

2009-01-23T15:42:00.002+13:00

Greetings and Happy New Year to all.
So how many of you have broken your New Year's resolutions already?? Oh, Oh - thought so!!

Now that most folk are back at work I thought it might be timely to reflect for a moment on the year ahead, especially from a business perspective. The media and the pundits are full of doom and gloom - to such an extent it appears that I wonder why we take one blind bit of notice of what they have to say. They tend to be total naysayers..............

There is little doubt that 2009 is going to be a tough year for many folk and that many of the challenges that will be thrown at us will be both unexpected and test us to the limit. That said, however, whatever happened to the power of positive thinking? Those of us in business must adapt to the new realities of the marketplace and, as they say, "when the going gets tough, the tough get going".

If business people knuckle down and have a good think about things and take full advantage of their supportive networks, etc there is no doubt that whilst things will be different, they are not impossible. In fact there are a great many challenges out there that are not present in more buoyant times. The fact of the matter is that if you think that things are impossible weighted against you then you simply won't rise to the challenge. If you perceive that the times we live in present challenges rather than obstacles or threats then you are half way to overcoming them already.

Be positive, confront the challenges that come your way, never falter and we look forward to reflecting with you this time next year on what an exciting and productive year that we have had!

The glass is always half full - never half empty.

District Court changes on the way

2008-12-12T16:38:00.000+13:00

Towards the end of next year there will be a new set of District Court rules introduced which will make some sweeping changes to Court procedure. Amongst the changes is the way that matters will be handled as they progress through various stages of the Court process. For example, almost all cases will initially go to a Judicial Settlement Conference in front of a Judge to enable not only early input from the Judge but also an early testing of the case and exploration of the prospects of settlement.

This is the first step in a more "alternative" focus for our litigation/Court processes and an understanding of mediation and other alternative dispute resolution approaches will be extremely useful. For those regularly involved in the District Court it is a good opportunity to reflect on the differing approaches that will be required in the future. Do you think this will be a good move?

Business - time to sharpen up?

2008-12-12T16:15:00.002+13:00

There is an old saying - "When the going gets tough, the tough get going".

In tough times such as we are all experiencing at present, we are finding that businesses are benefiting from analyzing their approaches, philosophy and the way they go about doing things. some would say that going back to the basics is a good thing and that you endeavour to make every post a winning post. We have observed that there appears to be considerable truth in this.

Sticking to the basics and doing everything scrupulously well and making sure that everything is done to the very best of your ability will clearly pay dividends. Differentiate yourself from your competitors and promote your points of difference and hammer home the advantage at every opportunity. Be seen to have gone the extra mile.

Another useful thing to do is to use the "downtime" to ensure that your house is in order. Review what you do, how you do it, why you do it and the processes you use. Can they be improved upon? should they be changed, tweaked or streamlined in some way? Are there any other efficiencies that you can incorporate into what you do? What about your structures? Staffing levels? Can you incorporate a guarantee of some sort into what you do? Do you have a refund policy (if appropriate)? What procedure do you adopt when there are disputes? What about a full financial and legal audit via your key advisors? Consider checking and reviewing your employment contracts, leases, terms of trade, supplier contracts and the like. These will pay surprising dividends in the long run.

Never let an opportunity go by and never let "downtime" be unproductive.

Employment - issues for small business

2008-12-12T15:56:00.003+13:00

The National Government has introduced the controversial 90 day trial provisions for new employees. What does this mean for small businesses? I believe that this will only be good for them and will encourage employers by lessening the risk to them. Whatever the do-gooders suggest, the reality is that the existing laws clearly and definite favour the employee - in my opinion, fat too much. It is time that the pendulum swings back a little (or a lot) the other way.

Surely the reality of the situation is that from a genuine employee's perspective he/she would want to get stuck in and prove themselves so that their position is made permanent and they secure their position. From a genuine employer's perspective, all they want is a worthwhile employee who can deliver the goods rather than some free-loader or opportunist who simply wishes to coast along at the employer's expense. If this new approach lessens the risk from the employer's perspective then I am all for it. As for the suggestion that employers would somehow seek to take advantage by means of engineering a steady turnover of willing employees every three months - what rubbish!! Employers have businesses to run and there is a huge hidden (and sometimes not so hidden) cost to constant staff turnover.

I think that it is about time that employers were given a bit of credit where it has been long overdue. Sure there are bad employers but so are there bad employees. It seems to me that what has to be achieved is some sort of fair balance and I view this change as a step in the right direction.

2008-11-24T09:08:00.003+13:00

The High Court has recently paved the way for former Assistant Police Commissioner Clint Rickards to be admitted to the Bar as a Barrister and Solicitor. This has caused significant controversy - both inside and outside the profession. Despite being found "not guilty" of criminal charges laid against him in recent times many people find it hard to believe that despite all of this he is as squeaky clean as he would have people believe.
What do you think? Is he a fit and proper person to be admitted to the Bar especially as he has been found "not guilty" or do you think that this somehow cheapens the legal profession in the eyes of the public and those who have to use it? Is he entitled to the benefit of the doubt?

UPDATE!! Yesterday (28 November 2008) Clint Rickards was admitted to the Bar at the High Court in Auckland. We can tell you that a great many within the profession are totally appalled that a man of his admitted "character" can be admitted into the profession. Does this diminish the standing of the profession in the eyes of the public???

Employment problems from the Employers perspective.....

2008-11-18T16:57:00.003+13:00

We recently had the unpleasant experience ourselves of being involved in an employment dispute involving a former staff member - a qualified Solicitor no less. The matter involved a very curious turn of events that, quite frankly, you wouldn't normally expect to read about. Our former employee really got the situation totally wrong which just goes to show that even educated and seemingly experienced people can get it wrong!

The case went before the Employment Relations Authority in Auckland and basically involved a situation where a dismissal by us was held to be justified despite the absence of any formal process. The case is narrow in it's focus but nonetheless makes for very interesting reading. It has certainly helped restore some of our faith in the "system" and is a very pragmatic decision indeed.

If you would like to know more about this case or perhaps to obtain a copy for your own perusal please feel free to give us a call.

Coping with tough times......

2008-11-14T14:49:00.003+13:00

We have all heard the expression - "When the going gets tough, the tough get going". Well, for many businesses out there at present, times are certainly tough and the prognosis is for more hurt to come before things improve appreciably.

So if you run or manage a small business what can you do to improve things or "batten down the hatches". Whilst many things are industry specific, consider the following and see if you can revisit the following areas:

1. Sharpen up on your attention to detail. Do what you do well and make it one of your key points of difference.

2. Review your overhead spending. Get more ruthless. Where appropriate consider keeping less stock, replacing items less frequently, shop around for more options or better/more competitive quotes, do you need to lay off staff or consider part-timers or outsourcing. Talk to others and get ideas on alternative ways of doing things, talk to suppliers and explore possibilities of collaboration in order to save costs.

3. Review your terms of trade very carefully. Can you reduce the time for payment? e.g. can you make payments due in 14 days rather than the 20th of the following month? Can you get a deposit (or a larger deposit) up front? Is it possible to schedule payments over time by automatic payments or even post-dated cheques? Consider offering a discount for cash or in return for immediate payment - remember, cash is king.

4. Don't worry about offending people - they will either pay or oblige or else you don't really need them. This is about the survival of your business after all.

5. Get advice from trusted advisors and don't be afraid to ask! Bank Managers, accountants, solicitors, mentors, coaches are all founts of knowledge and are happy to help. You will usually save much more than you spend.

Feel free to share your ideas with others!

2008-11-13T11:55:00.000+13:00

The National Party has a policy which it intends to introduce whereby new employees are given a 6 month trial or probationary period during which certain different rules are to apply. Do you think this is a fair approach and a reasonable thing to do? Is it "fair" that employers and employees should have such a "shake down" period? What do you think?