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新西兰law case study代写案例

浏览: 日期:2020-02-16

所有问题均基于以下案例研究。凌驾于法律之上改编自新西兰奥克兰理工大学Roy Smollan的OPEN PLAN由Owen Cheetham和Jack Wynne于1976年成立的奥克兰律师事务所Cheetham and Wynne在奥克兰市中心已有40多年的历史。该公司专门研究商法,并从银行,保险和金融业吸引客户。多年来,Cheetham和Wynne的律师都是白种人(白人)男性,其中许多是两位高级合伙人的老派和大学朋友。目前,行政和律师助理人员大多为年轻和女性。周五下午,该事务所的律师前往O'Connell俱乐部(OC),该俱乐部是会员制俱乐部,以伦敦的那些俱乐部为风格,可以吃,喝,玩斯诺克和飞镖。最初,OC的会员资格仅对男性开放,但近年来,在俱乐部被指控性别歧视和种族排他性之后,它向女性会员和非白人男性敞开了大门。 OC的Cheetham and Wynne律师事务所签署了许多协议。

  四年前,有两个新的合伙人加入了公司:欧文的儿子马克·切特汉姆(Mark Cheetham)和杰克的女儿凯茜·怀恩(Cathy Wynne)和他们的父亲一样,都是大学的同学。凯茜是该公司第一位聘用的女律师,她和马克都专门从事专利和其他知识产权的保护。自任命以来,客户数量显着增长,其中许多互联网,移动和软件公司受到两位年轻律师的积极追捧和赢得。最初,他们不愿雇用超出其人口统计范围的律师,而杰克形容他们是“不是PLU –(像我们这样的人)”,或者不愿在不同于公司设立的“安全区域”的地区开展业务,所以两位高级合伙人逐渐将他们的软化了。意见。 Mark和Cathy都行使了相当大的说服力,以聘请罗兹大学的牛津大学学者安德·阿加瓦尔(Anand Agarwal)担任牛津大学法学硕士学位的代表,U25板球队代表印度,专门研究环境法。与毛利人的企业和社区组织有密切的联系,并且精通Te Reo毛利语(毛利语)。公司所经历的稳定增长使老年人相信变革是合理的。

  Growth has also been further sustained in terms of personnel as the firm has grown from 14 employees to a total of 32 staff. As well as the four partners, Owen, Jack, Mark and Cathy, the firm now employs 13 other lawyers, five legal executives (staff who concentrate on debt collection and property transfers but who are not qualified lawyers), six secretaries, a receptionist, an accountant and two accounting clerks. These increased staff numbers meant the existing premises became too small. To cope with the growing numbers of staff, recently the firm secured state of the art offices near the waterfront with stunning harbour views.

  Mark and Cathy both had significant input into design of the new space and persuaded their fathers to agree to an open plan design. To communicate this design change to all staff, a group email was sent by the four partners one month before the move. The email outlined the reasons for the move and for the new office layout. It also suggested benefits of the proposed open plan design such as greater flexibility and teamwork and a more economical use of space. Money saved through the open plan design was used for more luxurious and comfortable furniture.

  Working alongside each other in an open plan environment was seen to enable ready communication and a team atmosphere. Where confidentiality was needed small meeting-rooms would be available and could be readily booked online. Spearheading the office move and open plan design was Cathy Wynne who in liaison with a firm of interior architects selected vibrant pastel colours, modern art, and standing desks. The spacious open place space was equipped with a large informal kitchen and staff area that included beanbags, magazines, comics and games. Cathy’s idea was to create a relaxed and casual workspace where social interaction and brainstorming could take place leading to more innovation and creativity in the firm. All staff were allocated desk space by Cathy and Mark.

  The senior partners, Jack and Owen, both now in their late 60s, were opposed to mixing with the rest of the staff but agreed to share an enclosed corner office. Jack now works afternoons only and Owen, whose appearances are increasingly irregular, often plays golf in the afternoons. Mark and Cathy are part of the open plan layout but their ‘spaces’ are on the other side of the office, with panoramic views of the harbour.

  A few weeks after the move the two senior partners were out to lunch together at the expense of the firm, at an upmarket restaurant. Over their leisurely meal they discussed the staff response to the new office setting.

  “The cheek of it,” said Jack, “I saw a fake memo claiming that some people are more equal than others. Probably referring to our office, Owen. And was that picture of two fat pigs supposed to be us? Of course we aren’t equal, never were, never will be! Some senior associates complain that they have lost status without their own offices and that the online booking system does not work properly. And I think the ‘playpen’ that Cathy created just encourages them to loaf and chat. Law is a serious business.”

  “That’s nothing”, claimed Owen, “I heard two secretaries moaning that they couldn’t talk to their boyfriends now that others could listen in. Ah, things are not what they used to be. Since we let our kids take over too much has changed. The office décor is tasteless, and as for all these new people around…I don’t recognise the place. I was asking a group of people in the kitchen who they thought were favourites for the Rugby World Cup and most said they didn’t watch rugby.”

  “Well, you can’t expect women to,” replied Jack, “but these Chinese and Indians just don’t care about that stuff. And another thing, I was telling a really funny joke the other day about Jewish lawyers, Maori lawyers and Indian lawyers and nobody laughed. A few stalked out…bloody cheek! This is our firm, but I am beginning to feel like an outsider. And as for all this social media nonsense, Facebook and Twitter, I can’t understand what the point of it is, or how it is supposed to help us as a law firm.”

  A week later, at another lunch time gathering several of the administrative and paralegal staff were talking about the new offices. Some liked the modern feel about the place and its sweeping harbour views, while others were nostalgic about the old premises.

  “I don’t like this open plan stuff,” complained Nancy Ling, “you can’t talk without everybody listening to you. I have to go outside to call my boyfriend.”

  “We are too far from the food halls,” was the opinion of Divya Patel, “and the cafes here are just too expensive.”

  “Yeah, I got moaned at the other day for being on Facebook,’ said Brian Talanoa, “even though it was about the new environmental initiative we are working on. You get the feeling everyone knows everyone’s business, and that people are spying on you. But being on the waterfront sure is a great for my jogging.”

  “I like the open plan thing”, said Divya, “I hated being stuck in that cramped coffin next to Mr Wynne’s office. We chat where we are, it’s much friendlier than before.”

  “I know,” replied Nancy, “we can hear you all the time. And we do have other problems with the new set up. Some lawyers have complained that they often need to discuss private matters with clients over the phone and can’t always take the calls in the meeting rooms. They moan that it is only the two grumpy old men who have their own office. And no-one got asked what they wanted in the new offices. Seems like Cathy planned it all by herself. And of course, she is in the corner space with the best views. From where I sit I can’t even see outside.”

  One day Anand and Kiri were in a meeting room to discuss an issue that had arisen with a Maori community in the Bay of Islands. A plan to develop a new community centre had fallen foul of local council regulations because of concerns about the safety of the site on top of a cliff. The two lawyers had become firm friends since joining the firm within the same week two years ago.

  “This has been a fantastic career move for me,” enthused Anand. “Working for a distinguished law firm really opens doors. Mark and Cathy have been really supportive and winning some of the cases we have taken is incredibly gratifying. I recall that time we won the case over the toxic fertilisers used on a farm near the Waikato River. Both Mark and Cathy came to court in Hamilton for a week to give me a hand.”

  “I am not so sure,” responded KIri. “I was happy when they agreed to pay off my student loan when I joined. That really helped so I should be more grateful. Working with Maori communities and businesses is great but sometimes I get the feeling that I am just a token representative. There are only two female lawyers here too. I have never been invited to the O’Connell Club for drinks with the grumpy old men, but they seem to take all the male lawyers there. But I am not even sure I want to go. There are only a few women there and virtually no ‘brown’ faces. It’s all pale, male and stale.”

  “Well, I’ve never been invited either”, replied Anand. “And I would not go either, I don’t drink alcohol. And I heard Brian complain that he went a few times on Fridays but felt awkward there, and he did not like it that he felt he couldn’t leave till 9 p.m. His wife really moaned at him. I must say, they do demand a lot from us. I had to miss my son’s soccer tournament last weekend because I had to work on a Saturday.”

  “Well, I don’t seem to have time for much of a social life myself,” KIri remarked. “I only seem to get out of here well after seven on most days and I have spent a lot of time out of town on business this year. I have asked for some help on cases but when I spoke to Jack about it he was very curt with me. Said we were too short-staffed. Yet when the partners need more staff they even hire temps.”

  After a meeting a few of the paralegal staff were talking in one of the meeting rooms about their jobs. Maria Ivanova was clearly unhappy:

  “When I joined I was told that that I would get a salary increase if I had a good performance review. So how good is 4%? That is barely above the cost of living increase everyone else got. And since I got that contract for my brother’s property company you would think I would have been given a bonus for that alone. Telling me I had done a good job is one thing – being properly rewarded is quite another.”

  What she did not say was that she had given her brother some confidential information about one of his competitors, who was also a client of the firm. Jack had suspected this but could not prove it. He had, however, voiced his opinion to Owen, who had said nothing about this to Maria.

  “So you think that is bad!” exclaimed Nancy Ling. “I got no increase except the 2% everyone got. You don’t even know what they expect from you or how you are going to be judged in these performance reviews. In mine Mr Wynne said that I was too slow to process contracts and make too many mistakes. When I asked him what mistakes I had made he said he had seen quite few but just corrected them himself. I don’t know whether to believe him or not. And when I asked if I could handle the McArthur contract myself he told me I did not have enough experience. He did not say one nice thing about what I have done. He just dumps work on me then goes to play golf!”

  Divya chipped in:

  “I don’t think things are so bad here. We have a lot of fun. The Sunday hike and picnic was a great idea of Cathy’s and it was really funny when they put ants down KIri’s top. Boy, did she squeal.”

  “Well, she was really angry”, Maria remarked, “and embarrassed too. She didn’t think it was so funny. And Anand did not like it when someone made a joke about the food he had brought.”

  “Some people have no sense of humour”, said Divya after Maria left.

  “She thinks she’s special, just because she is a bit of a looker and blonde”, was Nancy’s opinion. “I think she and Mark are having an affair. I saw them the other day at Vinnie’s Restaurant, laughing and giggling. I think she was quite drunk.” Nancy had also emailed a few ‘blonde bombshell’ cartoons to her friends in the office and uploaded them to her Facebook and Instagram pages. She had also told some of her colleagues that Maria had paid a fine for driving over the alcohol limit and that she had heard that she had been fired from her previous job for drinking at lunch.

  Nick Carlton, the firm accountant, was thinking about his next steps. He had been hired after a chance introduction to Jack and Owen at the OC. Over a few drinks the partners had indicated that they were looking for an accountant, who, in due course, would take over the supervision of many of the administrative and paralegal staff. Jack had promised a “type of general manager role” that would allow the partners to manage the lawyers while the accountant supervised the rest of the staff.

  However, after nine months Nick was still only managing four of the staff and the restructuring of the firm had not taken place. Owen had said it this was on hold until after people had settled into the new offices, but after three months in the new premises, despite several enquiries, Nick was still not convinced it would go ahead. He had believed that when he had enrolled for an MBA that his fees would be paid by the law firm. He based this on a conversation with Jack, also in the club, about supporting him financially. However, when Jack saw that the qualification would cost over $25 000 he said he had never agreed to such an amount. He said as far as he knew that university fees were usually only about $6000 p.a. and that is the most the firm would pay.


  Question : Organisational design (20 marks) (Not an exam question, this is an example only)

  Analyse the organisational structure at Cheetham and Wynne. Make sure you include an organisational structure chart as part of your answer. (20 mark)