What is NewLaw and why does it Matter?

What is #NewLaw?

The following has been extracted from NewLaw Fundamentals Q&A by Anusia Gillespie on August 4, 2021:

NewLaw is a mindset. It is a movement. NewLaw’s enemy is the adage: “because that’s the way we’ve always done it.”
Whether coined by Eric Chin, see Post 242, or Jordan Furlong, see Furlong, “An Incomplete Inventory of New Law,” Law21, May 13, 2014, the original definition circa 2013 was: “any model, process, or tool that represents a significantly different approach to the creation or provision of legal services than what the legal profession traditionally has employed.”…
The concept has evolved to focus on the source of true power and change in the profession – people. Models, processes, and tools fail if not created, or at least embraced, by the people who power the legal system. NewLaw fails without open and informed minds. The form of output, whether a new business model, regulation, or legal technology, is secondary. In fact, strike the first part of the 2013 definition and we capture this nuance for today’s understanding.
NewLaw: A significantly different approach to the creation or provision of legal services than what the legal profession traditionally has employed.

What is a True NewLaw Firm?

Since the term NewLaw was coined in 2013, alongside true NewLaw Firms there has been a continuous procession of traditional law firms rebadging themselves to claim they are a NewLaw firm.

This begs the question: What is a true NewLaw Firm?

To help answer this question, the following has been extracted from the article "What is a True NewLaw Firm?" by Rebecca Lim | December 7, 2016

In an age of disruption, BigLaw or traditional large law firms face increasing competition from rapidly evolving NewLaw providers. But what does NewLaw actually mean, and how do these firms differ from their more traditional competitors?

Whilst the legal profession was for decades conservative + resistant to using new or "disruptive" technologies, it seems as if all at once, a lightbulb was turned on, and the buzz and potential of #legaltech or put more simply, the use of technology to more efficiently + effectively deliver legal services has been ushered in a new era of exciting fast paced change in the legal profession.

My personal observation is that whilst there has been adoption of #legaltech by traditional law firms, this has been mainly done behind the scenes where clients do not see what is happening.

Adopting new technologies in this way does not represent a significant culture change for traditional law firms.

What they are doing is low-risk.

If something goes wrong, they can step in and rectify the problem without the client ever knowing there was a problem.

If they are successful in making incremental improvements, in the end it doesn't change a great deal.

In my opinion, traditional law firms are still going about the business of law in the same way they have in the past.

One of the Red Ocean Traps: The mental models that undermine market-creating strategies is to confuse technology innovation with market-creating strategies.

Using the latest technology alone does not change traditional culture, structures and thought processes.

To differentiate a true NewLaw Firm we need to see evidence of changed thinking, and with that changed culture, rather then simple window-dressing and wordsmithing.

What is Blue Ocean Strategy® ?

Blue Ocean Strategy® represents a change in mindset that is in total alignment with the updated concept of #NewLaw as a mindset.

Blue Ocean Strategy ® offers a strategic framework to help break free of traditional legal profession thinking ....

Our Home page: "Who We Are" section states …

"Blue Ocean Law Group℠ are a NewLaw Firm using award-winning co-working spaces in the Sydney, Melbourne & Brisbane CBD's.

We have designed Blue Ocean Law Group℠ to be different on purpose, starting from a blank canvas using the principles of Blue Ocean Strategy®.

As a result, we are currently the only law firm in Australia:

🌊 Directly providing clients with 24/7 access to instantly create circa 140+ Legal Documents using Embedded Lawyer-Logic™; or

🌊 The opportunity to start the process 24/7 & have a lawyer assist to complete the Legal Document during normal business hours.

🌊 All States + Territories of Australia are covered;

🌊 All major areas of Law ➲ both Personal + Business;

🌊 Fixed-Fee or Member Subscription Pricing."

In a nutshell, we think differently, therefore we have created unique offerings which align with our vision for the future of the Legal Profession.

For a deep dive into what this will continue to entail please read my article: Charting the future of the Legal Profession: A Blue Ocean Perspective.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How do I maximise value whilst protecting my legal position?

For many of our new clients dealing with legal matters is a totally new experience.

Even if you have previously dealt with legal matters, you may not have been advised regarding certain options (or the options may not have existed at the time).

This FAQ has been created to direct our new clients to start by reading our blog article Helpful Hints ➲ Maximise Value whilst Protecting your Legal Rights + Position.

If you are in doubt about anything mentioned in the article, it is always the right decision to contact our legal team with your queries.

Once you have acquainted yourself with our helpful hints, we trust that you will be excited to learn + discover more about how we can work together to meet your current + future legal + business needs as we all navigate these uncharted post-COVID pandemic waters.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What Steps can I take to help protect myself from Cyber Fraud?

Client Cyber Alert Letter

We strongly encourage all our new clients to access and step through our free online automated [Self-Service] Client Cyber Alert Letter.

This free educational process can be completed in your own time, from anywhere, even from your mobile phone (if required).

If you are interrupted for any reason, you can save your work and will be sent a link to resume the process when convenient.

For the Client Cyber Alert Letter to be effective we urge you to please complete the process before you or anyone else (on your instructions/behalf) send or receive any funds to/from our law firm.

As this is an interactive process there is an increased liklihood that you will learn more regarding what steps you can take to protect yourself from Cyber Fraud.

Completing our Client Cyber Alert Letter process will also introduce you to a free example of how our online automated Self-Service legal documents are generated.

If you have any questions, please contact our legal team for assistance.

Together we can help prevent Cyber Fraud

As part of the process we recommend you download and read the "Together we can help prevent Cyber Fraud" brochure created by the NSW Law Society and LawCover.

Blue Ocean Law Group are constantly monitoring our cyber security policies to ensure that both we and our clients remain cyber safe.

We need your help to ensure that your information and funds remain secure.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Can I pay my legal bill via monthly instalments?

A: Yes

Blue Ocean Law Group℠ has partnered with QuickFee to provide you with Professional Fee Funding.

That is, using QuickFee you can apply to pay your legal professional fees + disbursements over 4 months at 0% interest.

Click here or on the image below to apply.

Note: ⚖️ Your legal matter may also qualify for access to Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee).

Please contact us if you would like to arrange a longer term payment arrangement consisting of up to 12 monthly instalments using QuickFee's Pay Now service.

When a Civil or Criminal Offence imposes a Maximum Number of Penalty Units? How much is this? Who is it payable to? etc.

x Penalty Units = $y

When government legislation imposes a maximum penalty for a civil or criminal offence the maximum amount payable is generally specified in the form of a maximum number of Penalty Units.

The amount to apply per Penalty Unit to calculate the maximum Penalty payable varies amongst the Federal and State/Territory jurisdictions and is subject to change at any time, with some jurisdictions applying an automatic indexation mechanism.

Example

In NSW a reference to a maximum penalty of 5 penalty units means a maximum penalty of $550.

What are the current applicable rates?

As at the date of this FAQ the following amounts per Penalty Unit are detailed below:

ACT ➲ $160 per unit [individuals] / $810 per unit [corporations] (Since 8 Nov 2018);

Comm ➲ $222 per unit (Since 1 July 2020);

NSW ➲ $110 per unit (Since 1 September 1997);

NT ➲ $157 per unit (Since 1 July 2021);

Qld ➲ $137.85 per unit (Since 1 July 2021);

SA ➲ South Australia does not have a system of penalty units.

Instead, legislation either lists specific fine amounts or maximum "divisional penalties" which form a standard scale.

Vic ➲ $181.74 per unit (Since 1 July 2021);

Tas ➲ $173 per unit (Since 1 July 2021);

WA ➲ Varies (Penalty units are set for different categories of legislation. Traffic offences generally incur a penalty unit of A$50.

This Wikipedia link may be a useful as a quick resource to make an initial-check regarding whether any of the Penalty Unit rates may have changed.

Who is the Penalty Unit payable to?

Whilst is maybe assumed that the Penalty is payable directly to the person or party (if applicable) who has endured or been the victim of the offence this is not generally the case.

A Penalty is generally payable to the relevant government treasury.

In NSW this is the NSW Office of State Revenue.

Who can commence proceedings for the imposition of a civil or criminal penalty?

Generally speaking the proceedings for the imposition of a civil or criminal penalty are made by the relevant Minister or an authorised official rather than an applicant in a civil matter.

Example: Residential Tenancies Act 1987 (WA)

The Commissioner for Fair Trading is the only person who may prosecute a party for an offence committed under s.9 of the Residential Tenancies Act 1987 (WA).

Example: Civil Offences against the Residential Tenancies Act 2005 (NSW) and Penalties

RESIDENTIAL TENANCIES ACT 2010 - SECT 203

Penalty notices

203 Penalty notices

(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note : The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6) In this section,
"authorised officer" means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.

Can a Tribunal decide the penalty payable for the civil penalty?

Generally speaking the imposition of penalties for offences triggering civil penalty provisions (not specifically granted by the Tribunal's enabling legislation) are matters for a Court.

Example: Civil Offences against the Residential Tenancies Act 2005 (NSW)

202   Nature of proceedings for offences

(1)  Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court (emphasis added).

(3)  The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act is 50 penalty units or such other amount as may be prescribed by the regulations.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

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