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16 January 2023

Business enquiries from solicitors practicing on their own account, and barristers sole
During the past 12 months, but particularly in October, November, and December last year, I fielded a number of business enquiries from partners, solicitors practicing on their own account, and barristers sole near retirement or with a decreasing client base. These enquiries related to various suggestions of partnership, practice collaboration, and establishment of new practices. I am humbled and grateful for these enquiries from experienced practitioners. 

What I look for, in a business sense, from senior practitioners, is wisdom of experience, 'runs on the board' (I expect after 20 years in a field you can point to at least 5 high profile cases), demonstration of the establishment of a private client base OR if you have been largely public sector based, demonstration of real subject matter expertise that has been acknowledged in New Zealand  (it's easy to have legal aid clients, it's quite another thing to have a good private client base and demonstrate impact in the private legal consumer market), and most importantly, a progressive attitude to work flow, litigation approaches, and client relations. The times are-a-changing, and if you cannot or will not adapt, I am not interested. 

Yours faithfully
Jessica 


7 January 2023

Welcome back! 

As notified during late 2022, from this point on, my practice is focused on:
- criminal proceeds,
- financial crime,
- charitable and family trusts,
- civil rights,
- firearms, and
- test litigation. 

To be clear, I will only take on Family Court and/or Oranga Tamariki related instructions when there is a novel or controversial aspect of the litigation. While all litigation involving children is important, not all litigation involves test or novel aspects. I would like to reserve my energies for only the most serious matters because this is where I can be of particular value to litigants. 

My practice will also have a new 'instructing up' or 'delegation of work' policy. Feedback from 2019/2020 to present day has been fully taken on board and evaluated, and this feedback has informed my new policy for instructing work up the bar and/or delegation of work to other barristers and chambers. 

I look forward to another successful year. 

Yours faithfully
Jessica 

20 November 2022

Some of my clients will be familiar with Tiffany Cooper and Nick Chisnall. Please join me in congratulating Tiffany and Nick on becoming Kings Counsel! The title of Kings Counsel is reserved for those special barristers who have demonstrated significant excellence in their chosen practice areas. 

Attorney-General's appointment press release: 
https://www.beehive.govt.nz/release/appointment-king%E2%80%99s-counsel

Yours faithfully
​Jessica 

27 October 2022

After having the privilege of being a generalist for the past 5 years, I am excited to announce I will be moving to specialise in 2023. I will begin to focus on, and develop, the following bundle of litigation from 2023:

- Criminal Proceeds
- Firearms (Civil & Criminal)
- Charges/Claims related to allegations of organised criminal activity, including public law claims relating to discrimination of family members of 'gang' members
- Trust litigation
- White collar crime 
- Fraud
- Civil test litigation/Civil controversial litigation 

I will be working with some awesome senior colleagues as I begin to focus in on the areas of law I have really enjoyed. I am so grateful to my clients for supporting my practice and continuing with me as we journey through the law together.  I have been an exceptionally privileged junior barrister because of my large private client base throughout New Zealand; I do not forget this. Thank you so much. 

Yours Faithfully
​Jessica 

13 October 2022

I will now consider acting on civil legal aid for criminal proceeds matters throughout New Zealand. 

If you think you will or are going to be contacting me about restraining orders or an application for profit or assets forfeiture, please do not agree or consent to anything with the Commissioner of Police's lawyers until you have spoken to me. 

If your family trust is a respondent or interested party in the litigation, I have trust litigation experience in both the High Court and Court of Appeal. 

Yours Faithfully
Jessica 

10 September 2022

Picture
We recognise the remarkable leadership of Her Majesty Queen Elizabeth II. We join with New Zealand in our period of national mourning, and with His Majesty King Charles III, who is our sovereign. 

I recall seeing a video of the Queen making a comment to a young girl at a primary school in England. The young girl was asking the Queen precocious questions about being a Queen and wearing a crown.  At one point, the young girl asked, "Is it heavy to wear a crown?". The Queen answered, "yes, but it is supposed to be heavy." 

Heavy is the head that wears the crown. The Queen has provided a magnificent example of leadership for her son, King Charles III. 

Yours Faithfully
Jessica 

23 July 2022

Well we are now past the mid-year mark and I have no idea where the time has gone. I do need to get over to Samoa at some point later this year, so hopefully you will allow me a short break. 

I am very interested in learning about the Court system and law that applies in our main pacific island states. As many of my clients know, my Father is Samoan and I am half Samoan. I cannot speak Samoan, but I notice when I am in Samoa I begin to pick up the language. 

If you have been dutifully following my social media you will know that I have a new Chambers mate, Clare Chen of Ark Law. Clare has taken up the last 2 rooms at Kitchener Chambers and has a large Mandarin speaking client base. Clare is also available to assist my own Mandarin speaking clients. It has been really lovely having Clare at work with us this year. 

Just a reminder, we still need to wear masks when we are in the District and High Courts, so please don't forget to bring your mask with you. If you do not have one, the Court security staff usually have a box of masks with them. 

I notice an increase in engagement on all social media channels - particularly Instagram and TikTok. I am so amazed at the engagement and enquiries that follow from TikTok. 

I look forward to updating you on some exciting pieces of work in the next few months. 

Yours Faithfully
​Jessica Matheson

3 February 2022
I am back in my Chambers on Kitchener Street, Auckland CBD
It's a new year! The year of the tiger, the water tiger to be exact. While the water tiger flows beautifully and bravely through the river, I am aware many businesses' cash flow is minimal or non-existent. I will try to make savings for all clients, particularly small business clients where I can. 

There has been quite a backlog of court appearances (since 2020) that many of my clients will need to work through in the District Court this year. Your frustration is my frustration, but we must remain calm and work through the process. Unless your matter is exceptionally urgent, a matter of time sensitivity or serious risk of harm, you should not expect your matter to be dealt with 'urgently'. 

Given we have been subject to constant lock downs in 2020 and 2021, I am trying to catch up with clients 'in person' where possible, where it is safe to do so. Perhaps we could all exercise basic common sense, and if you are feeling unwell, please respect myself and the people working around me, and just let me know. We will do what we can to meet your needs while also taking appropriate health and safety precautions. 

Something new! There has been an increasing amount of new enquiries coming to me from Northland, particularly the Far North. These enquiries are largely for private criminal counsel where there are related firearms and/or methamphetamine issues. There have been an increasing amount of reports of the police suspending person's firearms licenses on the basis of related criminal issues (or otherwise) relating to close contacts or family members of the licensee holder. Some of these links are tenuous at best. As a result of these increased and ongoing inquiries, I will be holding a satellite office in Kerikeri every 2 months; I understand for many clients that speaking through a screen or over the phone about these issues is uncomfortable, and many of you have requested in person consultations only. 

The next time I will be in Kerikeri is late March 2022. I do ask that you contact me by 15 March 2022 if you would like to have an in person consult with me. This way I can try and get as many people in to the 'clinic' as possible. I also enjoy meeting your wider whanau and tamariki, so some of my meetings can last hours. It is best to get in quick. 

As always, I am grateful for all of my clients' instructions and your continuing trust and confidence in me. As many of you know, I am comfortable with feedback (good or bad). Please let me know if you think I could be doing something better. It is important our relationship is transparent and can move through the waves of litigation freely - much like a water tiger does.  

Yours faithfully always, 
​Jessica 


4 July 2021

New Rules in force regarding termination of retainer (engagement)

On 1 July 2021, the Conduct and Client Care Rules 2008 were amended by the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021.
One of those changes includes the ability for a barrister to terminate an engagement on the basis of specific behaviors by and from the client. A new rule 4.2.1(4) has been inserted capturing:

conduct by the client directed towards the lawyer or a person associated with the law practice that amounts to 1 or more of the following:
(i) bullying:
(ii) discrimination:
(iii) harassment:
(iv) racial harassment:
(v) sexual harassment:
(vi) threatening behavior:
(vii) violence.
New rule 4.2.5
For the purposes of this rule, person associated with the law practice includes--
(a) a barrister instructed by the law practice; and
(b) a person engaged or employed by the law practice.


I hope this is a rule I do not have to put into practice, but in any event, my policy will be zero tolerance.

Yours faithfully
Jessica ​

5 April 2021

A more progressive kind of legal practice and a big thank you :) 

In the next couple of months I will be shifting my colorful and rebellious Chambers office a little bit closer to the High Court. I will likely tone the colorful part down, but not the rebellious part! I am who I am! haha 

​I look forward to providing a more flexible, modern, and progressive style of barristerial services. My practice is beginning to be swung in the direction of civil rights and criminal litigation more and more. While I love my civil litigation and a good hard fought trust dispute, I would also like to place an equal amount of my energy helping people who face seemingly 'insurmountable' battles against public bodies.... 

I am so grateful to my 'legacy clients' who have literally followed me from Firms to Chambers :) 

Of course, I have had the enormous privilege of amazing mentorship and support from senior barristers, queens counsel, and 'senior silks' (Senior Queens Counsel) since my time at law school. I am reasonably indebted to the following people for their support, mentorship, and guidance:

Andrew Gilchrist
Margaret Lewis
Rodney Harrison QC
The late great Geoff Harrison (my kind and eccentric mate in Chambers whose office I have occupied since August 2019)
The Right Honorable Rhys Harrison QC (Geoff's big brother)
Mike Lennard
David Clark
Vanessa Bruton QC
Jim Farmer QC
John Green
And last, but not least of course, Warren Templeton

Gosh, I wonder if shifting office is going to be as stressful as shifting house? 
​
Jessica 
 

(Edited 15 June 2021)

4 March 2021

"Why am I referred to a legal aid lawyer when I want you?"

As a barrister sole, I follow rules of conduct and client care set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.  Regarding legal aid, Rule 9.5 states:

9.5 Where a client may be eligible for legal aid, a lawyer must inform the client of this and whether or not the lawyer is prepared to work on legally aided matters.

If you are a beneficiary and/or unemployed or on a very low income, I have a duty to inform you that you may be eligible for a legal aid lawyer. Unfortunately, I am not a legal aid lawyer at this time.  You can find a list of legal aid lawyers here: https://www2.justice.govt.nz/find-a-legal-aid-lawyer/
​
Best Wishes
​Jessica 
Picture
Jess@jmathlaw.com
0211692903
Kitchener Chambers
36 Kitchener Street
​Level 7
Auckland CBD
​1010
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Website updated on 18 January 2023
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