Dear colleague,

Your weekly Law Society update
​
As the professional body for solicitors, every week the Law Society is working hard to influence the legal and regulatory environment on behalf of our profession and to promote solicitors at home and abroad. We support practice excellence, are an informed source of legal sector news and support members at every stage of their career.

Practising fee consultation

You will know that we are communicating with members about our proposed reduction in our portion of the practising fee.

The detail is here
A Gazette article from Paul Tennant explains more

Please encourage members to give their views here:
beta.lawsociety.org.uk/topics/news-articles/law-society-plans-to-reduce-its-part-of-practising-fee

Returning to the workplace: What law firms need to consider

The government has published its “roadmap” document, which outlines the COVID-19 recovery strategy including a roadmap to the lifting of restrictions step-by-step. Fourteen supporting programmes are included in the document, which focus on the fight against the virus, communication and governance. In addition to the roadmap document, new guidance on staying safe outside your home, and an updated list of vulnerable groups has been published here.
 
Watch our returning to the workplace WEBINAR where we provide an overview of our latest discussions with government, the up-to-date guidance and discuss the challenges that law firms now need to consider.

•        Safe return to the office Toolkit - COVID-19 Tool Kit  
•        Law Works support with Pro-Bono - Law Works  
  
  

#Solicitorspirit 
 
We have promoted our new campaign to highlight the great work the profession has been doing for clients and the community during the pandemic. You can read more here.
Please encourage your constituents to share their stories.

Public Law
 
Letter to Department of Education on the Adoption and Children (Coronavirus) (Amendment) Regulations 2020
We wrote a letter to the director of children’s social care (practice and workforce at the department for education (DoE)) expressing our concerns about the amendments to children's legislation made under these regulations. We highlighted they remove a lot of the safeguards and protections afforded to children. We requested that the DoE review these regulations and consider improved use of technology in its place. We also requested that the department set out any plans of evaluating the impact of these regulations and any corresponding plans to make them permanent.

Justice
 
More courts to be reopened from Monday 15 June
HMCTS has provided a list of courts due to be reopened on Monday 15 June. It must be noted that these sites are subject to any operational changes between now and then. View the full list here: https://www.lawsociety.org.uk/news/stories/more-courts-due-to-reopen-from-15-june-2020/ 
 
Civil Justice Council report on the impact of COVID-19 on civil court users published
The Civil Justice Council conducted a rapid review on how the civil justice system has been impacted by the pandemic, with a particular focus on remote hearings. Overall the report shows that lawyers have had a positive experience of conducting remote hearings, but this should not be a permanent substitute for traditional face-to-face hearings.  Particular concerns were raised regarding vulnerable court users, the reliance on technology, and the lack of adequate data to draw conclusions from.  The Civil Justice Council will use this report as a basis for further research and review. More information can be found here:  https://www.judiciary.uk/announcements/civil-justice-council-report-on-the-impact-of-covid-19-on-civil-court-users-published/
 
Regulation

Update of proposed Economic Crime levy
Whilst attention has been on COVID-19 related issues the past few months, we have continued our engagement with the Treasury on the proposed economic crime levy. We have been pushing the government to delay the publication of the consultation (intended for the spring) due to the impact of COVID-19. We are pleased to see that they have listened to our concerns and have delayed publication until mid-July and we expect the consultation to run for at least three months.
As part of this, the Treasury has been hosting roundtables with all the sectors due to be covered by the levy to help understand some of the sector-specific issues associated with the development of the levy. Officials held the legal sector roundtable last Friday with representatives from the Law Society, Bar Council, and Law Society for Scotland. Discussions focused on:

• the issues around the appropriate metric for setting the levy with a particular focus on revenue

• the best way for account for AML risk, looking at the number of SARs, the National      Risk Assessment (NRA) or supervisor’s risk assessment as potential measures

• the issues associated with introducing an exemption for small firms from paying the levy

We will be using the consultation period to fully engage with members and ensure all firms are given the opportunity to feed into the development of our formal response.

Parliamentary

During justice questions, Karen Buck MP raised a question regarding support for legal aid firms struggling as a result of the coronavirus crisis, noting the Law Society’s warnings of firms collapsing. The Minister responded by noting that the government have made some support available.
 
On Tuesday I spoke at the second LAWASIA Human Rights Conference Webinar alongside representatives from a range of jurisdictions. I discussed the powers created under the UK’s emergency legislation, the Coronavirus Act 2020 and the conflict between the need to respond to a rapidly changing situation and the need for clarity in Government announcements regarding Covid-19 measures. We all agreed on the importance of lawyers’ associations remaining vigilant throughout this time so that the drastic measures adopted to combat this unprecedented crisis do not remain in place a moment longer than they must. You can watch a recording of the webinar online https://www.lawasia.asn.au/government-accountability-during-covid-19-citizens-right-know
 
I also appeared before the Lords' EU services sub-committee on Thursday as part of their inquiry into Brexit and professional and business services.
The Law Society was mentioned twice during the second reading debate on the Counter-Terrorism and Sentencing Bill. Bob Neill MP (Conservative) referenced our call to maintain the existing evidential requirement for imposing Terrorism Prevention and Investigation Measures (TPIMs), rather than relax it as the Bill proposes, while Gavin Robinson MP (DUP) referenced our concerns that the Bill would take TPIMs closer to the control orders they replaced, which faced several high profile human rights challenges in the courts.
 
During Justice oral questions on Tuesday, the Law Society was mentioned by name in a question by Labour MP and chair of the APPG on Legal Aid, Karen Buck MP, to justice minister Alex Chalk. The question asked what discussions had been had with the Treasury to support the sector. Responding, Mr Chalk said steps have been taken to ensure that where there is money in the system (more than £400 million) that this is more easily available for practitioners to draw down, so that they can be helped during this crisis. 
 
The Law Society was mentioned four times during the second reading debate on the Divorce Dissolution Bill, including the Lord Chancellor, Robert Buckland MP, referencing one of our recommendations and the justice minister, Alex Chalk MP , quoting me directly.

On Tuesday our Vice President David Greene, attended the German Federal Bar (BRAK) Bar Leaders' Roundtable on the theme of bars’ responses to the Covid 19 pandemic. International Bar leaders reported on the impact of the pandemic on their countries, the measures they have taken and exchanged views on how the crisis will affect the global legal profession in the long term.

We have been in the media this week to promote the role and value of the profession in difficult times
 
I was quoted in an Economist (£) piece about getting jury trials back on track.
 
“Justice must not be done and be seen to be done, but feel to be done,” I said.
 
I wrote an article for the Times (£) about the potential for lawtech to provide solutions to post-crisis recovery.
 
I said: “the adoption of new technologies could more than double the size of lawtech. The speed in which we are all able to contribute to economic recovery may depend on the extent to which we can embrace, support and encourage growth in technological innovation.”
 
As courts begin to reopen following a partial lifting of lockdown restrictions, the Gazette reported that Gray & Co Solicitors has had to chase HM Courts & Tribunal for a court risk assessment for Warrington Magistrates’ Court. I said: “We would be concerned if people were being asked to attend court before an assessment has been supplied. Where a court is failing to do so, this should be raised with HMCTS at the earliest opportunity.”
 
Daniel Fitzpatrick on our housing law committee spoke to BBC Radio Newcastle (1:23:12) about student’s legal rights if they are still paying rent for student accommodation but have moved out due to Covid-19.
 
The Mirror investigated people’s rights if they have to pay an annual fee for their caravan site but are unable to visit due to Covid-19. They cite our find a solicitor tool for those looking for a solicitor.
 
Max Winthrop, chair of our employment law committee, took part in an hour long phone-in on LBC’s Shelagh Fogarty show (from 02.10) to talk about employment, particularly focusing on furlough and redundancies.
 
Law Society chief executive Paul Tennant wrote for the Gazette on the launch of the PC fee consultation and the Society’s proposal to decrease our ask of the profession by 10%. He said: “We know every penny counts and we want to be sure we only ask members for what we need to serve them and the profession effectively.”
 
I wrote a letter to the Times about the no-fault divorce bill in which I said: “Introducing no-fault divorce will help to remove unnecessary conflict from an already fraught situation. However, there are important details that need to be considered to ensure that the bill is clear, fair and accessible for all.”
 
David Hodson, a member of our family law committee, was on talkRadio (in the 10:30 – 11:00 slot from 04:58) also discussing the bill.
 
The Gazette, Times (£), Inside Conveyancing, Today’s Wills and Probate and Legal Futures all report on our response to the Mayson review in which I am quoted.

Update from our Brussels office

On Thursday 4 June, Marcus Corry met with Jan Dopheide, Brexit lead at the German Perm Rep to discuss the UK-EU FTA negotiations as part of the PBSC delegation. This was followed on Friday 5 June with a meeting with Andrew Wood at UK Mission in Brussels.

On 8 June, Helena Raulus, head of the Brussels office, attended the BBUKOO Plenary meeting which included an exchange of views with Fabian Zuleeg, CEO of the European Policy Centre. The meeting also aimed to prepare for the plenary UK Mission update about the 4th round of EU/UK negotiations.

Also on Monday 8 June Marcus Corry met with:
 

• DG TRADE; Dermot Ryan, chief of cabinet to Trade Commissioner Phil Hogan  
• Stephen O’Dwyer, Irish Perm Rep
• Alenka Jaschke, Brexit Taskforce, European Council
• Pascal Kerneis, European Services Forum
• Benedikt Wiedenhofer, Business Europe

The discussion was about the EU-UK  FTA negotiations and our wider work on Lugano Convention and Data Adequacy as well as MRPQ and Lugano.
 
As always, please feel free to share this update with your members.
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear colleague,

Your weekly Law Society update
As the professional body for solicitors, every week the Law Society is working hard to influence the legal and regulatory environment on behalf of our profession and to promote solicitors at home and abroad. We support practice excellence, are an informed source of legal sector news and support members at every stage of their career.
 
Prime Minister's statement

Our advice and guidance to members on coronavirus (Covid-19) has not changed following the prime minister's statement on Sunday 10 May.
We will comment further when official guidance is published during the week commencing 11 May.

Public Law

Civil Justice
The Civil Justice Council has released a rapid consultation seeking views on the impact of COVID-19 measures on the civil justice system, and the Law Society intends to respond. This mirrors the equivalent consultation from the president of the Family Division which closed last month. The Civil Justice Council is particularly seeking feedback from court users who have taken part in remote hearings during the pandemic, and will use the findings of the consultation to inform any further guidance that is issued and identify areas where additional work may be needed. The Law Society will be gathering information from our members and will respond to the consultation.
 
Mental Health
This week we spoke with the Information Commissioner’s Office (‘ICO’) about data sharing concerns in relation to vulnerable people during the pandemic, especially those who may lack the capacity to consent to their data being shared. The ICO asked Law Society members to raise any concerns with them via their helpline to collect further data alongside providing advice.
 
Housing
We responded to the Housing, Communities and Local Government Committee inquiry on housing issues during the pandemic, specifically for the private rented sector and the homeless/rough sleepers. Our response recommended the formulation of plans and strategies to reopen the courts safely, support for organisations with legal aid contracts for the Housing Possession Court Duty Scheme to replace the lost income resulting from the suspension of possession hearings and provision of legal aid funding for early legal advice in possession cases.
 
Private Client
Last week we had our regular meeting with HMCTS and other key stakeholders to review the status of the probate service, a summary of which will be available on the website shortly. HMCTS would like our members to note the new deadline regarding the transition to the new paper forms is 18 May 2020. During this meeting we discussed the impact of coronavirus, contingency plans and the online probate service.
 
Parliamentary

On Monday myself and our head of public law gave evidence to the Justice Select Committee on Coronavirus (COVID-19) and the impact on prison, probation and court systems. Other witnesses were: 

• John Bache JP, national chairman, Magistrates Association
• Bill Waddington, chairman, Criminal Law Solicitors Association
• Amanda Pinto QC, chair, The Bar Council
• Caroline Goodwin, chair of the Criminal Bar Association
• Elspeth Thomson, national committee member and co-chair of Legal Aid Committee, Resolution
• Chris Philp, parliamentary under secretary of state, Ministry of Justice (courts)
• Alex Chalk, parliamentary under secretary of state, Ministry of Justice (legal aid)
• Susan Acland-Hood, chief executive, HM Courts and Tribunals Service

 
The Law Society also met with the attorney general, Suella Braverman, to discuss the impact of coronavirus on the profession, the upcoming Constitution Commission, the disclosure review and Brexit.

We have been in the media this week to promote the role and value of the profession in difficult times

The Daily Mail, Times (£), Guardian,  Telegraph, New Law Journal, Legal Futures and the Voice all reported on Law Society research that 71% of high-street firms believe they may have to close their doors in the next six months due to the impact of Covid-19.
 
I said: “The shock to the legal services sector has been sudden and severe. There are widespread concerns over liquidity as firms face a dramatic plunge in income with work falling away.”

The FT meanwhile expanded the same story including quotes from me during my select committee appearance.

The Times (£) then went into additional detail in a feature for its Thursday law pages.

The Gazette reported the government will give charities and law centres £5.4 million to survive the coronavirus pandemic and meet growing demand for social welfare advice. I said solicitors, who continue to do pro bono work through law centres, “stand ready, willing and able” to help, adding that he hopes similar investment will be made for legal aid firms “which have been operating for years been on the tightest of margins as a result of low fees and are now suffering a significant reduction in income”.
 
Gary Rycroft, chair of our digital assets working group, spoke to BBC Radio 4’s Money Box programme (starts from 11:05) and BBC Look East about claiming airlines not giving refunds to passengers who had booked travel.

In our non Covid news

Diversity and Inclusion roundtable events

Please find link below to future events
 
https://www.lawsociety.org.uk/support-services/practice-management/diversity-inclusion/articles/disability-in-the-legal-profession-roundtables-to-discuss-the-current-position/  

As always, please feel free to share this update with your constituents. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear colleague,
​
Your weekly Law Society update
As the professional body for solicitors, every week the Law Society is working hard to influence the legal and regulatory environment on behalf of our profession and to promote solicitors at home and abroad. We support practice excellence, are an informed source of legal sector news and support members at every stage of their career.

Keeping business afloat
 
We are preparing for the government's announcement next week of initial plans for the phased release of lockdown. We have already sought input from large and small firms and used this to shape our contribution when the government shared proposals with us for comment prior to publication.

Keeping compliant

Hot of the press - We know that the signing of documents has been a key concern of members and we have raised this at every opportunity. In response, we have just received confirmation that mercury signatures will be accepted by the Land Registry from todday. You can read more here.

New LSAG advisory note 
 
The Legal Sector Affinity Group (LSAG), which includes the Law Society of England and Wales and all the legal sector supervisors named in the Anti-Money Laundering (AML) regulations, has jointly published an advisory note, highlighting key AML risks and challenges for the legal profession associated with the coronavirus (COVID-19) crisis.
 
The advisory note covers:
 
-AML risks to legal firms and vulnerabilities that criminals may seek to exploit during the crisis 
-non face-to-face identification and verification, and associated digital identity services
-issues to consider regarding policies, controls and procedures, data protection and information security
 
The note can be viewed here: https://www.lawsociety.org.uk/support-services/advice/articles/lsag-advisory-note-covid-19-and-preventing-money-laundering/

Rule of Law

Family 
The second reading of the Domestic Abuse Bill took place in the House of Commons on Tuesday 28 April and the Law Society briefed members of Parliament on the Bill ahead of this. While we welcome the introduction of some of the Bill’s proposals, such as expanding the definition of domestic abuse and banning alleged abusers cross-examining victims in court, our view is that some proposals do not go far enough and alleged abusers should also be banned from examining certain other witnesses – for example the couple’s child – in court. The date for the report stage has not been announced.
 
We submitted a response to the president of the Family Division’s rapid consultation on remote hearings for family proceedings. In our response we welcomed how quickly remote hearings were able to be scheduled in light of the coronavirus crisis, but we also noted a number of associated concerns, such as potentially onerous technological requirements, whether solicitors are able to advise their clients properly during these hearings, and the ability for parties to participate fully in a way comparable to physical hearings. We noted that in some types of case, for example those requiring interpreters, remote hearings may not be in the interests of justice at all.
 
Housing 
The Housing, Communities and Local Government Ministry has launched an inquiry on the impact of Covid-19 on homelessness and the private rented sector, to which we are responding. This asks for consideration of the measures implemented so far by the government in the private rented sector, for the homeless and those who are rough sleeping as well as the problems still being faced and suggested solutions. 
 
Immigration 
We responded to the Solicitors Regulation Authority’s consultation on delivering immigration advice and services. We supported the proposals made to provide accountability of immigration advisers to the Office of the Immigration Services Commissioner, and encouraged the SRA to make similar provisions for solicitors. We also engaged with the Home Office on outstanding issues relating to immigration in light of the Covid-19 pandemic, including the legal status of automatic visa extensions for NHS workers.
 
Human Rights 
We submitted a response to the parliamentary Women and Equalities Committee inquiry into Coronavirus and the impact on people with protected characteristics. This examined how government measures introduced in response to Covid-19 have impacted on people’s protected characteristics, covering issues such as domestic violence, mental health and disability, and the rights of migrants and asylum seekers.
 
Brexit and international

The Brussels office and the Brussels advisory group held a conference call in which the aim was to update members on the UK-EU FTA negotiations and the likely impact for UK legal services and judicial cooperation. The discussion helped to connect with our members in Brussels and to discuss with them how the Brussels office is adapting its engagement with stakeholders and members in the current environment.

The Brussels Office participated in the BBUKOO (Brussels-based UK organisations and offices) plenary meeting where the UK Mission EU negotiation team gave an update on the previous week’s negotiation rounds. This was an opportunity to hear directly from the UK negotiators about the various issues discussed, such as services.
 
On 23 April 2020, the French National Bar Association (Le Conseil National des Barreaux CNB) hosted a digital G7 Bar Leaders meeting to discuss their responses to the coronavirus crisis. I spoke about the actions we have taken to help the legal profession during the coronavirus crisis. Leaders from the national bar associations and law societies of Canada, France, Germany, Italy, Japan and the USA also spoke about the situation for lawyers, justice systems and the measures they have taken to support the rule of law in their jurisdictions. Watch the video discussion in full below. https://www.youtube.com/watch?v=k2UcWjW7Vn8
 
On 27 April, I attended a roundtable hosted by the Law Society of Hong Kong on “Resilience through COVID-19”. More than 60 international organisations were represented in the discussion. I was one of six speakers on the challenges and opportunities facing law societies and bar associations through this time and how they can best assist their members. It is clear that keeping dialogues open with member lawyers and provided guidance and information is critically important at this time. The second part of the discussion focused on the conflict between measures taken to protect human health and the infringement of human rights. The Law Society is monitoring this issue in its jurisdiction alongside other lawyers associations across the globe. We will continue to engage with our international colleagues on these matters and share best practice in order to develop a coordinated approach.

We have been in the media this week to promote the role and value of the profession in difficult times
 
BBC Today (1:32:00) looked at possible changes to jury trials to meet the crisis – reported also in the Times (£), BBC, Telegraph,  FT (£) and Express. A new working group has been created, including the Law Society, to consider weekly how and when jury trials might resume safely.
 
Ian Kelcey, who is on the group and co-chair of our criminal law committee, spoke about the challenges facing solicitors’ firms – claiming that “there is a very real risk that in the long term we will lose 70-80% of criminal legal aid firms as a minimum”.

Law Society Gazette meanwhile reported 71% of high-street firms believe they may have to close their doors in the next six months as result of the coronavirus crisis. The story is based on a survey of our members. I said: “The shock to the legal services sector has been sudden and severe. There are widespread concerns over liquidity as firms face a dramatic plunge in income with work falling away.”

Cris McCurley, who is on our Access to Justice Committee, took part in the Shelagh Fogarty show on LBC  (From 1.33) on Monday, to talk about domestic violence and how to get help in an emergency.
 
Kieran Bowe, a member of our Wills & Equity Committee, took part in a phone-in with listeners on a different edition of the same programme on the signing of wills and inheritance, in light of the coronavirus.  
 
In a joint letter to the Independent, along with domestic abuse organisations, I voiced concerns that victims are at risk during lockdown. I said: “Making non-means tested legal aid available for domestic abuse cases would allow all victims access to legal support.”
 
As always, please feel free to share this update with your members. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear Member,
 
The London & South East Relationship Management team are keen to ensure that key updates and information of relevance are communicated to you, and your local law society, periodically. 
 
Please feel free to share the information below more widely with your committees and your membership.
 
Closure of the Solicitors Indemnity Fund
 
From 30 September 2020, the Solicitors Indemnity Fund will no longer be providing post six-year run-off cover. If your practice has closed since 31 August 2000, you will need to seek alternative cover before this deadline.
 
Get more information on seeking alternative cover https://www.lawsociety.org.uk/support-services/advice/articles/closure-of-the-sif/
 
Update on legal practitioner key workers and testing
 
The government has rightly acknowledged that keeping the justice system running during the current COVID-19 crisis is vital, and that legal practitioners are fundamental to achieving this aim.
 
The Department for Education announced that those essential to the running of the justice system would in certain circumstances be recognised as "key workers" who may ask schools to continue to take their children.
 
The Ministry of Justice has confirmed that solicitors recognised as key workers are eligible for COVID-19 testing.
 
Read more and access the testing portal
 
LSAG Advisory Note: COVID-19 and preventing money laundering and terrorist financing in legal practises
 
The Legal Sector Affinity Group (LSAG), which includes the Law Society of England and Wales and all the legal sector supervisors named in the Anti-Money Laundering (AML) regulations, has jointly published an advisory note, highlighting key AML risks and challenges for the legal profession associated with the coronavirus crisis.
 
The advisory note covers:
 

• AML risks to legal firms and vulnerabilities that criminals may seek to exploit during the crisis
• Non face-to-face identification and verification, and association digital identity services
• Issues to consider regarding policies, controls and procedures, data protection and information security

Read more & download the advisory note
 
Practising mindfulness in a pandemic
 
The UK has been in lockdown for over a month now, and there are numerous self-care and wellbeing guides and tips being circulated on the internet and social media to try and help people manage and adapt to these unusual and challenging circumstances.
 
But what exactly is mindfulness, and how might it help in the current situation? Ruth Ormston and Tessa Jones from the Mindfulness in Law Group answer some of the commonly asked questions you might have. Read the article in full
 
Professional indemnity Insurance and coronavirus
 
Simon Thompson, policy adviser at the Law Society, looks at how coronavirus is affecting professional indemnity insurance (PII) and explains our work in this area. Read the article in full
 
Coronavirus (COVID-19) crime complaint form – let us know what's happening
 
We've been made aware of a number of issues relating to poor practice in certain police stations and courts.
 
In order for us to raise these with the Ministry of Justice and HM Courts and Tribunals Service we need you to complete the online complaints form: complete the form

Guidance on coronavirus and pro bono
 
We’ve published guidance for firms, individuals, trainee solicitors, in-house legal teams, and law students who are thinking of providing pro bono assistance during the pandemic.
 
LawWorks is offering virtual unique opportunities for lawyers who want to contribute to legal advice and support during the crisis.
 
Read more here
 
Open Consultations
 
Ongoing Competence- closing date for responses 15th May 2020- Link to call for evidence
Policy Advisor Chenab.Mangat@lawsociety.org.uk
 
The LSB has launched a call for evidence, as a first stage before any consultation on this issue: 
They have requested information on the following 4 key areas, identified by their earlier work in this area:

• Defining competence and competence assurance
• Consumer expectations of competence
• Competence assurance in the legal services sector
• Competence assurance in other sectors

  
 If you have any questions in relation to any of the above, please do not hesitate to contact us at London&SouthEastTeam@lawsociety.org.uk          
 
Best wishes,
 
Beth, Bhavni and Stuart.​

President's Covid 19 Update for elected and appointed members

Dear colleague,

Your weekly Law Society update

As the professional body for solicitors, every week the Law Society is working hard to influence the legal and regulatory environment on behalf of our profession and to promote solicitors at home and abroad. We support practice excellence, are an informed source of legal sector news and support members at every stage of their career.

You will have seen my e-mail to all members last week updating them on the breadth of or work in response to the issues they have raised with us directly and that we have sought their input on through our surveys. I will not duplicate all of that here. We had excellent survey response rates set out below. 

• 10% of small firms – over 700 responses​
• 48 of the biggest 50 firms​
• 78 of the biggest 250 firms

​Keeping business afloat
 
We have made it abundantly clear that there is a serious risk of imminent legal aid sectoral collapse. We have made progress in improving cash flows for legal aid practitioners but have been pressing the MoJ  for urgent measures to be put in place to avoid firms going to the wall. We continue to make proposals to the Chancellor for the improvement of the support package in a way more relevant to the solicitor’s profession, including those who receive payments by way of dividends.

Members have told us that technology is an issue, from remote hearings to working with clients remotely. We have therefore brought together cyber advice and support from a podcast to tips and guides. This is in addition to the business contiunuity toolkit we published last week

SBA The Solicitors' Charity has developed a unique COVID-19 Personal Hardship Fund to support solicitors who find themselves in personal hardship caused by the pandemic.  The charity has committed to initial funding of £1,000,000. The fund will help solicitors that find themselves financially in need due to COVID-19. Full details on the fund and how to apply can be found on the charity's website. Those of you who are in a position to contribute to this important charity, please do what you can.

Keeping compliant
 
Engagement with the SDT and LeO
The Law Society has been regularly engaging with both the Legal Ombudsman (LeO) and the Solicitors Disciplinary Tribunal (SDT) since the beginning of the COVID 19 crisis. We have exchanged constructive feedback to ensure members receive timely information and support. On 30 March 2020 the SDT confirmed they were in a position to facilitate remote hearings and has now issued a Practice Direction on remote hearings.
 
We have also published information, reviewed by LeO, to help members deal with difficulties arising from the crisis in relation to first-tier complaints, complaints already with LeO and complaints from prospective clients on the COVID 19 Information for Members page. LeO has now issued its own Guidance to law firms around its approach to complaints during the COVID 19 Crisis. It says that it will take a ‘flexible and common-sense approach’ over the coming months. Regarding its own service, it says it is currently able to maintain a ‘reasonable’ level of service and will, where possible, continue to progress complaints.

Keeping safe and well

The profession strives to keep the courts open, while safe for all court users to attend. Alongside the Bar Council and Criminal Bar Association, we have joined a working party set up by the judiciary which will consider ways of starting jury trials as soon as that is safe .The working party will report to the Lord Chief Justice through its Chair, the High Court Judge Mr Justice Edis.

A system of remote advice to prisoners is under trial. We will keep you updated as this progresses.

We also continue to flag with HMCTS issues with court hygiene and distancing where these are not being resolved locally.

We have also published a useful map showing which courts are open across England and Wales.

The senior judiciary has put out guidance on the use of remote technology in family and civil hearings:
 
https://www.judiciary.uk/wp-content/uploads/2020/04/Message-to-CJJ-and-DJJ-9-April-2020.pdf

Working with government

Our strong links with government departments and ministers mean that while we do not have all of the answers to your questions and issues ourselves, we are working with or lobbying government departments, regulators and others to provide them. We will keep you updated through all of our channels as we get the clarity we are seeking.
 
You can see our latest influencing work here. These pages will be regularly updated.
 
Brexit

The Brussels Office participated through the British Chamber of Commerce EU and Belgium in meetings with Lord Kinnoull, chair of EU Committee, House of Lords, and Hilary Benn, MP, chair of the Commons committee on the Future Relationship with the European Union. In these meetings, the Brussels Office was asked to give views about the FTAs and services as part of the BritCham Brussels delegation

We have been in the media this week to promote the role and value of the profession in difficult times

The BBC, Mirror, the Kent and Sussex Courier and 16 others reported on difficulties making wills during the Covid-19 outbreak and cite our conversations with government on relaxing wills regulations.

The Gazette covered the Law Society’s work so far to lobby the government on behalf of the profession during the Covid-19 crisis.
 
Bloomberg reported that government lockdowns aimed at containing the spread of the virus have forced even top law firms to rein in their finances. I was quoted: “The story is very similar across the world because lawyers are no different. They are providing a service to clients and when they cannot provide that service, they find that law firms suffer.”
 
The Ministry of Justice changed the evidence requirements for domestic abuse victims to qualify for legal aid in response to the pandemic. Cited in the Gazette, I said the changes are an “important step in the right direction,” but that “non-means tested legal aid would allow all domestic abuse victims to access legal support”.

Cris McCurley, a member of our access to justice committee, spoke with BBC Radio Newcastle (from 3:42:07), about why domestic abuse victims are at risk during the Covid-19 lockdown.
 
Gary Rycroft, chair of our digital assets working group, spoke with BBC Radio Sussex & Surrey (from 3:35:33) about the recent news that airlines are refusing passenger refunds because of coronavirus, as they themselves may go bust.
 
Roy Daby, a partner at Giles Wilson, featured in a report on business insurance and coronavirus on BBC Look East (from 7:48), where he spoke about policies business take out to assist with situations such as the pandemic. Thom Wilkinson, a member of our conveyancing and land law committee, spoke with BBC Radio Sussex & Surrey (from 3:11:03) about the effect Covid-19 is having on pollution. 
 
As always, please feel free to share this update with your members unless otherwise specified.
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

President's Covid 19 Update for elected and appointed members

Dear colleague,

Your weekly Law Society update

During the pandemic I will use this weekly update to keep you informed of our latest influencing work as we represent the interests of the profession and the public during these difficult times. I will also let you know about the latest support advice and guidance we have for our members.
 
Updates this week

You may have seen our all member e-mail last week, updating members on the ways we are tackling the issues they are facing and signposting our health and well-being resources too.

We have surveyed sections of our membership including large firms and small firms to ensure we are tackling the issues most critical to them as the pandemic continues. This input is driving our infuencing and support priorities. We will say more about the findings in the coming weeks. Our In-house survey goes out this week.

This is a very fast moving situation, but during the last week, our work, based on priorities raised by our members has focused on:

Keeping business afloat
 
In Professional Update and on social media today we have today launched our coronavirus (COVID-19) business continuity toolkit

We’ve produced this toolkit that law firms and practitioners could and should consider when looking at how to strengthen their business in these challenging times. It includes:

• top tips for firms to preserve their cashflow
• an online tool to determine your and your firm’s eligibility for government support measures
• video-insight from managing partners and senior leaders on how to weather the storm

Please take a a look and share this widely. Especially our online tool which provides a tailored report on the government support available in return for answering a few simple questions.

Coronavirus Large Business Interruption Loan Scheme (CLBILS)

We are pleased to announce that a new scheme has been announced to bolster support for large firms not currently eligible for loans. The new Coronavirus Large Business Interruption Loan Scheme (CLBILS) will ensure that more firms are able to benefit from government-backed support. It will provide a government guarantee of 80% to enable banks to make loans of up to £25 million to firms with an annual turnover of between £45 million and £500 million. Loans backed by a guarantee under CLBILS will be offered at commercial rates of interest and further details of the scheme will be announced later this month.
We have had significant engagement with BEIS and other government departments on the lack of funding measures for those firms that fall between the original Coronavirus Business Interruption Loan Scheme (up to £45m turnover) and those that qualify for the Bank of England’s Covid Corporate Financing Facility (aimed at medium and large corporates), and are pleased that a new scheme has been made available. 

Wet signatures and virtual execution of documents

This has been an issue flagged by firms of all sizes and we have raised it with the Ministry of Justice, BEIS, the Solicitors Regulation Authority and the Land Registry. The SRA has confirmed that, from a regulatory perspective, enhanced record keeping would ensure continuing compliance with its principles (examples include file notes demonstrating that the client had been informed of adapted processes, and that they had consented). We are still in discussions with the Ministry of Justice on the virtual execution of oaths. They are aware that this is a high priority issue for our members, and are looking at the existing legislation and accompanying rules (e.g. the Civil Procedure Rules) to see changes can be made.

In terms of real estate-specific measures, the City of London Law Society has published the minutes of its extraordinary meeting on the 27 March, which includes some useful advice on the Land Registry’s approach. We will be writing a joint letter with the City of London Law Society to the Land Registry, asking them to relax their registration requirements to accept incomplete applications and extend priority periods during the pandemic. 

Keeping compliant
 
SRA guidance

The SRA has published further guidance on its coronavirus webpage https://www.sra.org.uk/sra/news/coronavirus-update/. Whilst the SRA have said that solicitors and firms are still expected to meet the required standards, and to have appropriate contingency plans in place, they make clear that they will be taking a pragmatic and proportionate approach to enforcement given exceptional circumstances

Trainees and supervision

The Law Society has had a great many enquiries from those seeking to enter the profession, about arrangements for trainees, supervision requirements and furloughing.
 
Last week the SRA published their FAQs on education and training within their advice on the coronavirus: https://www.sra.org.uk/sra/news/coronavirus-questions-answers/
 
The SRA have stated that firms can make their own arrangements regarding supervision and see it as perfectly reasonable to supervise remotely.
 
We have addressed the issues around the training contract in our advice here: https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-advice-and-updates/. It is critical to maintain open lines of communication between firms and trainees to ensure that everyone knows where they stand and can behave accordingly.
 
We are continuing to engage with the SRA on issues affecting those seeking to enter the profession and those firms offering or engaged in training contracts and the employment of newly qualified solicitors. If you have any further qualification issues that have arisen as a result of the current circumstances, please get in touch and we will see how these can be taken forward.

Legal Ombudsman

In December 2019 the OLC consulted on its Corporate Strategy 2020-23. The Strategy proposed a substantial increase (20%) to the Legal Ombudsman’s (LeO) current budget. The Law Society strenuously opposed this increase in our response earlier in the year. The Law Society’s opposition was echoed by the Bar Council and the LSB who also shared ‘significant concerns’ about LeO’s performance, staff retention rates and lack of clarity. In light of these concerns, we welcome the OLC decision to now withdraw its proposed budget increase in favour of an inflation-only increase.  I called Elizabeth Davies, newly appointed Chair, to welcome her, offer the Law Society’s support and arrange a meeting to discuss our concerns in more detail.

Work in specific sectors
 
Bankruptcy Court
 
Firms have been concerned that the Bankruptcy Court would close its telephone line those undertaking pre-completion searches in respect of financial transactions. We followed this up with the Ministry of Justice, which has confirmed there are no plans to close the court.

Intellectual Property Office (IPO) closure

The IPO has closed its office, and has issued an update regarding its revised processes. This includes a definition of “interrupted days” and consequences for those applications. They are currently unable to process any paper forms, and no documents can be filed by hand at their offices. However, they are accepting electronic signatures on forms and other documents. 
 
Wills
 
We have updated our guidance for members in relation to wills to include the updated SRA guidance and to say we are having continuing conversations with the MoJ.
 
Mental Health
 
We also received clarification from the Crown Prosecution Service on how prosecution of offences in the public interest under the Coronavirus Regulations 2020 will be approached with regard to people who may have impaired decision-making capacity.
We also responded to the Tribunal Procedure Committee’s consultation on Mental Health Tribunal reforms.

Legal Aid

The LAA published guidance on 3 April relaxing the rules for hardship payments to be made, and encouraging firms to ensure they are making full use of the existing facilities for claiming on account. We have emphasised, and the MoJ has acknowledged, that there needs to be a continuing conversation about the serious financial challenges facing firms.
 
Further guidance on the same day clarified that where a solicitor attends a police interview remotely, they can claim the full case fee.
 
The LAA also clarified the circumstances in which it will be acceptable in the current circumstances to grant legal aid without documentary evidence of means.
 
https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response
 
Civil litigation
 
A new Practice Direction under the Civil Procedure Rules seeks to address the issue of extensions of time.
 
Practice Direction 51ZA, effective from 2 April 2020, makes provision for parties to agree extensions of time to comply with procedural time limits in the Civil Procedure Rules, Practice Directions and court orders. Parties can agree an extension up to 56 days without formally notifying the court (rather than the previous 28 days) so long as that does not put a hearing date at risk. Any extension of more than 56 days needs to be agreed by the court.
 
It provides guidance to the court when considering applications for extensions of time and adjournments.
 
This Practice Direction ceases to have effect on 30 October 2020.
 
See the civil procedure rules on Justice.gov.uk

Keeping members safe 
 
Interviewing of suspects in the police station 
 
We have worked with the Crown Prosecution Service (CPS) and the National Police Chiefs' Council (NPCC) on a coronavirus (COVID-19) interview protocol.
 
This guidance is intended to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the coronavirus pandemic.
 
It will be reviewed monthly from 1 April 2020 and is intended for use only during the coronavirus crisis.
 
We have been in the media this week to promote the role and value of the profession in difficult times
 
An FT article on the property market 'moving into cold storage' cites our guidance on conveyancing during the Covid crisis.

Gary Rycroft, chair of our digital assets committee, is quoted in Elle in an article on cancelled weddings. He was also on BBC Radio 4’s You and Yours programme (starts from 16:18) about making a will during the coronavirus lock down.

BBC News looks at calls for greater flexibility in the will-signing process amidst social distancing measures and rising demand– citing recommendations from the chair of our wills and equity committee, Ian Bond.

The Guardian reported on how the coronavirus outbreak is affecting the way law students are being taught. Alan East, chair of our education and training committee said: “I think this period of being confined to our houses and having to do things online will move things along a bit. Law has begun to modernise.”
 
The Daily Mail, Gazette and 94 others cite figures from Refuge, the national domestic abuse helpline, of a dramatic increase in the numbers of women seeking help during the coronavirus outbreak.
 
I said that “making non-means-tested legal aid available for domestic abuse cases would give victims the legal support and access to justice they so desperately need.” 
The Gazette, Legal Futures, New Law Journal and the Guardian all report on the MoJ’s support package for legal aid practitioners. I said: “The MoJ must keep its door open and respond urgently to any further feedback from the profession about the measures needed to enable practices to survive.” 
 
Please feel free to share this information with your members. Please stress that we have ongoing engagement with regulators and government and that these are fast moving issues. Encourage them to check our website and social media for the latest updates. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

President's Covid 19 Update - for local law societies

Dear colleague,

Your weekly Law Society update

During the pandemic I will use this weekly update to keep you informed of our latest influencing work as we represent the interests of the profession and the public during these difficult times. I will also let you know about the latest support advice and guidance we have for our members.

Influencing achievements this week

This is a very fast moving situation, but during the last week, our work, based on priorities raised by our members has focused on:

Keeping business afloat

We need to support firms, to make sure that they can stay open, continue to support employees, and keep the wheels of justice turning. We have been speaking to the government about ensuring its business support package is fit to address the issues affecting our members and the measures put in place are accessible and workable for them. We have written formally to the chancellor.

We have been pushing the Government and the Legal Aid Agency for urgent action to address cash flow problems legal aid firms are experiencing. Some steps have been taken, but we hope to see more. We know there is more to do to prevent some firms and business models from falling through the cracks of a rapidly developed scheme and anticipate further announcements. The details of what is available are on our website and we are working on a tool to help you understand what support is available.

Keeping compliant

We are holding continued dialogue with the SRA and other regulators to ensure that our members are supported to comply with the rules in this unprecedented period. We have been seeking practical solutions to compliance with rules which require physical presence, wet signatures or hard copy documents. We will let you know when we can say more about this. We know that many of our members are under particular pressure due to the need to renew professional indemnity insurance at this time.  We will say more about this soon following discussions with the SRA.

Protecting our members’ health and safety

This issue has been raised by many members. It is never acceptable for members to experience less than hygienic conditions in their work in courts, prisons and police stations. Where we have had reports of such conditions, we have raised concerns with Ministry of Justice (MoJ), HM Courts and Tribunal Service (HMCTS), Prisons and Police. This has informed a number of government decisions this week, including the announcement to consolidate part of the court estate.

We have also reminded firms that they should not require their staff to attend the office unless they are key workers during this time.

Supporting future solicitors

The SRA listened to our concerns and developed proposals to ensure the majority of students can still sit their exams. It has also helped to clarify the situation for trainees. We know there will be anxiety from those trying to enter the profession about the impact on training contracts and from those already in training contracts about the impact of furlough. We are seeking more clarification on this.

Work in specific sectors

Members from specific sectors have raised many issues with us.

Conveyancing market

We heard from members the issues they were facing and worked with government and partners to publish industry-wide guidance to conveyancing firms advising clients on house moves during the Coronavirus crisis.

Wills

We have had conversations with the MoJ and SRA around the regulatory requirements for solicitors involved in the execution of wills and a discussion on best practice for members acting in this area. Following our discussion, the SRA have updated their guidance for solicitors who practice in this area, and the MoJ are reviewing options for possible further measures.
 
Mental Health
 
We responded to a request from the Department of Health and Social Care to provide input into forthcoming guidance on the Coronavirus Act 2020 relating to the temporary amendments of the Mental Health Act 1983 (not yet in force). We emphasised that should the provisions be brought into force, this should not be an invitation to depart from normal practice unless absolutely necessary – and then to be corrected as soon as possible afterwards.

Criminal Justice

We have worked with the CPS and the NPCC on a Covid-19 Interview Protocol. This guidance is intended to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the Covid-19 pandemic.
 
Immigration

We raised practical issues with the Home Office relating to the lack of recourse to public funds for people with leave to remain, and guidance that was published on extending leave due to Covid-19.
 
Legal Aid

We got guidance last week from the LAA on allowing digital signatures. They have agreed to suspend audit and recoupment activity. They have acknowledged that failure because of the pandemic to meet contractual provisions such as keeping an office open to the public, and meeting certain hours requirements, will not be treated as matters attracting contract sanctions. There is guidance on current provisions allowing solicitors to act without evidence of means in exceptional circumstances, which would apply in the current situation. The LAA also highlighted existing underused measures to help cashflow.
Further, the LAA amended its rules so that solicitors can claim a full attendance fee in the police station where they attend an interview remotely.
 
Ongoing work

We are holding daily telecons with the Ministry of Justice and other relevant stakeholders to discuss issues in the criminal justice system. Key issues are: 

• Safety in the police stations
• Safety in courts
• Establishment of processes for progressing cases remotely
• Prioritisation of listing for cases, whether face to face or for remote hearings
• Re-establishing legal visits/videolinks for clients in custody
• Amending the legal aid system to adapt to remote working
• Legal aid cashflow and sustainability issues

 
We are also attending meetings every other day on family, civil and tribunals issues. The key issues we’re discussing are broadly similar (excluding the police station and prison issues), but with particular focus on: 

Working with government

Our strong links with government departments and ministers mean that while we don’t have all of the answers to your questions and issues ourselves, we are working with or lobbying government departments, regulators and others to provide them. We will keep you updated through all of our channels as we get the clarity we are seeking.

 Lord Chancellor Robert Buckland QC MP stated: “Can I say, the Law Society, I’m so grateful for the support that they’ve given us through this very testing time. They’ve shown that professionals are prepared to step up to the plate and help deliver justice in a calm and measured way.”

You can see our latest influencing work here. These pages will be regularly updated.
 
We have also published advice help and guidance for our members including:

A dedicated Covid 19 hub on our website here

• Dedicated e-mails to all of our members 
• Gazette news coverage 
• Social media updates 
• Podcast  
• Melinda Giles, a member of our Wills and Equity Committee, has written a blog on the issues that have arisen with wills with the current social distancing and isolation requirements. 

You can see our latest advice and support here 

We have been in the media this week to promote the role and value of the profession in difficult times
Ian Bond, chair of our wills and equity committee, was widely quoted in an article in the Sun about the challenges of putting your affairs in order amid the coronavirus pandemic. The article included some tips for overcoming the problem of witnessing wills and Law Society advice for minimising the risk of contagion. Melinda Giles, also on the wills and equity committee, meanwhile was quoted by CNBC and France-24. Our talks with government on executing wills were also in Evening Standard, Guardian, the FT (£), the Telegraph (£) and the Daily Mail.

The Independent reported that the coronavirus has caused chaos for the justice system – with a huge backlog of cases. Richard Atkinson, co-chair of our criminal law committee, said: “The capacity of the courts is physically limited – even if you man every court when this is over you’re still going to have an extended backlog, plus the new stuff coming through.”

Peter Rodd, Law Society council member, spoke to LBC’s Shelagh Fogarty show on Friday from 2.30pm, about conveyancing rights during the coronavirus crisis.
 
Legal Week and the Gazette cover our recent correspondence with the Bank of England where we asked it to clarify if law firms were eligible for the Covid Corporate Financing Facility, which helps struggling businesses with financial support.  
 
Please feel free to share this information with your members. Please stress that we have ongoing engagement with regulators and government and that these are fast moving issues. Encourage them to check our website and social media for the latest updates. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear Member,
 
The London & South East Relationship Management team are keen to ensure that key updates and information of relevance are communicated to you, and your local law society, periodically. 
 
Please feel free to share the information below more widely with your committees and your membership.
 
Coronavirus (COVID-19)
 
We know members will have questions about the implications of coronavirus (COVID-19) for their clients, their businesses, their professional obligations, their own wellbeing and that of their employees.

In response to questions from our members, our latest advice for firms is listed on our designated Covid-19 page. This information will be updated regularly to reflect the most recent guidance.
As well as updates and advice, we're influencing government, regulators and other stakeholders on behalf of our members.

To stay up to date on the impact on the sector and our latest support, please subscribe to our Gazette Daily News Update,  follow us on Twitter, and subscribe to our weekly Professional Update.
 
Please get in touch to share any concerns you have relating to coronavirus and your business and the practice of law. Your feedback is essential in order for us to keep our guidance as up-to-date and relevant as possible. Contact beth.quinn@lawsociety.org.uk
 
Coronavirus (COVID-19) interview protocol
 
We have worked with the Crown Prosecution Service (CPS) and the National Police Chiefs' Council (NPCC) on a coronavirus interview protocol.
 
This guidance is intended to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the coronavirus pandemic.
 
It will be reviewed monthly from 1 April 2020 and is intended for use only during the coronavirus crisis.
 
Read more and download the protocol
 
Changes to the asylum and immigration appeals process
 
Due to the coronavirus there have been some temporary changes to the asylum and immigration appeals process.
 
First-tier Tribunal
From 25 March 2020 there will be no face-to-face appeal hearings at the First-tier Tribunal.
 
Case management review hearings
Case management review (CMR) hearings will be conducted by phone until at least 30 April 2020. If the CMR shows that a full hearing is needed, this will be done by video.
 
Upper Tribunal
The Upper Tribunal has cancelled almost all listed hearings, including judicial reviews.
 
More information
The Immigration and Asylum Tribunal Chamber presidential practice statement note about COVID-19
 
Coronavirus and data protection
 
Coronavirus is having a significant impact on workplaces globally as governments and organisations are encouraging employees to work from home. But as organisations expand and embed their remote working capabilities, the overall surface area of risk widens.
 
Read more from our Policy Advisor, Andrew McWhir.
 
Support for our members' wellbeing and their businesses
 
With the continued spread of coronavirus we're focusing on supporting our members' safety and wellbeing. We're monitoring the situation and listening to your concerns.
 
With the move to remote working and cancellation of face-to-face events, we'll be providing more online support and virtual events.
 
There are a range of resources available to help you:
 
Support services for solicitors
 
Stress and mental health
 
Advice for firms facing financial difficulty
 
Cybersecurity guidance
 
LawCare: support on working from home 
 
Open Consultations
 
Consultation on Mental Health Tribunal reforms- closing date for responses 7th April 2020- Link to consultation
 
The Tribunal Procedure Committee (TPC) is inviting views on a proposal to change the way that the First-tier Tribunal lists hearings in relation to applications by patients detained under section 2 of the Mental Health Act 1983 (MHA), dealt with in the Health, Education and Social Care Chamber (HESC).
 
Drug offences consultation- closing date for responses 17th April 2020- Link to consultation
 
The Sentencing Council is consulting on a new guideline for sentencing drugs offences.
 
Family Procedure Rule Committee Consultation : Legal Bloggers- Private consultation, link not available- closing date for responses 20th April 2020- Policy Advisor Jessica.Mearns@lawsociety.org.uk
 
The Family Procedure Rules Committee is looking to understand the wider views on the attendance of legal bloggers at hearings in family proceedings and is interested in hearing from the wider community.
 
Protecting users of legal services - prioritising payments from the SRA Compensation Fund: Consultation- closing date for responses 21st April 2020- Link to consultation  Policy Advisor Simon.Thomson@lawsociety.org.uk
 
The key issues include:
 
• Litigation costs and application fee support
• Circumstances where a solicitor has failed to have PII cover in place
• Maximum payments from the Fund
• Barristers and experts
• Conduct and behaviour of the applicant
• Contributions to the Fund
 
Revisions to the Attorney General's Guidance on disclosure and the CPIA Code of Practice- 
closing date for responses 22nd April 2020- Link to consultation
 
The Attorney General’s Office is consulting on changes to the guidelines and Code of Practice for disclosure.
 
If you have any questions in relation to any of the above, please do not hesitate to contact us at London&SouthEastTeam@lawsociety.org.uk         
 
Best wishes,
 
Beth, Bhavni and Stuart.

Dear colleague,

Your weekly Law Society update
​
As the professional body for solicitors, every week the Law Society is working hard to influence the legal and regulatory environment on behalf of our profession and to promote solicitors at home and abroad. We support practice excellence, are an informed source of legal sector news and support members at every stage of their career.

As your professional body we’re hearing a lot from our members on the ground. We’re using that insight as the voice of solicitors with government and regulators during the pandemic. We’re developing advice and support to help you through this difficult period.

Our priorities are:

These were our immediate priorities in the first days of the crisis. We're already starting to see results, and we're now turning to other issues that arise. To raise any issues, contact us. 

• looking after our members’ safety – from protecting our members in courts to pushing for documents to be signed remotely
• helping members keep their businesses going – from advice on government support to tips on remote working
• helping members stay compliant – lobbying regulators to make changes
• protecting the rule of law – scrutinising the emergency legislation

Stay up to date with our resources and support

The coronavirus (COVID-19) crisis is changing day by day. We're monitoring the situation and developing advice and support to help you through these unprecedented times.

Stay up to date by following us on Twitter and visiting our regularly updated online resources for our latest advice. Stay informed with what we're doing to help look after your safety, keep your businesses going and protect the rule of law.

> Read our latest advice and updates
> Follow us on Twitter
> Read our priority issues

The Law Society’s media profile during the last two weeks

Coronavirus and the justice system
 
Please note that decisions and events have in some cases superseded these reports

The lord chancellor has insisted courts must go on sitting – reported in the Gazette. This follows a decision by the lord chief justice to limit trials by jury.  
 
I said: “In these challenging times, it is vital the wheels of justice continue to turn. In order to preserve access to justice and the rule of law, courts need to operate and legal representation must be available. This means the health of those keeping the system functioning must be protected to the greatest extent possible.” 
 
I was also quoted in the New Law Journal and Solicitor’s Journal saying: “We are speaking continually with HM Courts and Tribunals Service, the MoJ and the LAA. They are trying keep the system of justice on the road whilst ensuring practitioners are not put at risk. They know what needs to be done.”
 
Practical Law reported that the Ministry of Justice has clarified which solicitors they consider to be key workers and cover our statement that solicitors must decide for themselves if they fit this description.

Ian Kelcey, co-chair of our criminal law committee, spoke to talkRadio (in the 8:30 – 9:00 slot from 11:42), where he discussed the government’s decision to lockdown prisons and suspend visits due to the coronavirus outbreak.  
 
The Metro and Legal Futures reported that solicitors have voiced concerns about police stations’ attitude towards prisoners with suspected coronavirus. Ian Kelcey said: “Currently, with police stations, we take the view the police are taking a very lax attitude to all of this.” 
 
The Law Society is pushing for policies and procedures to be implemented to protect our members when visiting clients in prison. 
 
Mark Davies, a criminal solicitor in Swansea and member of the wales committee, was on BBC Wales News last evening speaking about the issues faced by criminal lawyers due to coronavirus. 
 
Meanwhile, whiplash diagnosis is to be allowed via video link, reported The Gazette. It is the latest concession to the Covid-19 coronavirus crisis. The decision was prompted not only by safety concerns, but also by the financial impact on claimant lawyers, who faced being unable to progress any cases because clients could not be diagnosed remotely. 
 
Employment issues: 
 
Max Winthrop, chair of our employment law committee, spoke with BBC Radio Nottingham (from 1:36:37) where he was on a coronavirus panel of experts, answering employment questions from listeners.  
 
Max also spoke with TalkRadio (in the 10:30 – 11:00 slot at 04:41), about the impact on employers and employees of the UK’s coronavirus lockdown.  
 
He took part in a Q&A on LBC’s Shelagh Fogarty show (from 2pm) on rights during the coronavirus crisis and he spoke to BBC Radio Humberside (from 3:25:06) about self-employed and temporary workers’ rights, and also provided advice for employers in this uncertain time.
 
He was on BBC Radio Northampton (from 3:12:34) talking construction workers’ rights if they are ordered to stop work by the government and BBC Radio Merseyside (from 2:11:23) discussing the same topic.
 
Max was also on BBC Radio Newcastle (from 2:48:53) about the announcement by chancellor Rishi Sunak on self-employed workers’ rights.
 
Roy Daby, a partner at Giles Wilson, spoke with BBC Radio Essex (from 40.08 ) about employment rights in the context of being forced to take unpaid leave. He also discussed how sick pay works around coronavirus. 
 
Wedding cancellations and consumer rights 
 
Gary Rycroft, chair of our digital assets working group and a consumer law expert is quoted in Bride, Grazia, Wedding Ideas and Bride Magazine about how coronavirus will affect the weddings industry.  He also talked to about what people should do if they need to cancel their wedding during the Covid-19 outbreak. Gary also spoke to Good Housekeeping about what to do if an event you have already bought a ticket for is cancelled due to the virus. 
 
And he was on BBC Radio Leicester (from 2:38:30). BBC Radio Essex (3:49:48) and BBC Radio Merseyside (1:26:28) discussing weddings and on BBC Radio Northampton (1:23:00)  BBC Radio 4’s Moneybox (02:58) to talk travel and consumer rights during the coronavirus crisis. 

Melinda Giles, a member of the Law Society’s wills and equity committee spoke to LBC (starts from 01:05) and answered listeners questions on their employment rights, legal rights when cancelling their weddings and holidays, and the strain on businesses in the face of the coronavirus pandemic. 
  
Probate: 
 
The Telegraph (£) reported that the number of people seeking to grant power of attorney and write new wills has risen by at least 30% in the face of fears over death rates in the coronavirus pandemic.  
 
Ian Bond, chair of the Law Society’s wills and equity committee, said that his firm had seen a “huge spike” in the number of queries and requests, which were primarily from the elderly or vulnerable undergoing hospital or health treatment who wanted to “put their affairs in order”.  
 
BBC’s Moral Maze discussed the impact of the crisis on the demand for wills – citing Ian’s comments to the Telegraph.  
 
Today’s Wills and Probate cited Ian and his comment to the Telegraph about demand from people wishing to make wills being up 30%.
 
Melinda Giles spoke to BBC Radio Nottingham (from 2:07:56) , where she provided useful information about the importance of having a will, given the increase in new wills because of coronavirus.   
 
Conveyancing:
 
The Gazette reported our calls for clarity from government on the status of ongoing purchases following comments made by Michael Gove this week. Also in the Solicitors Journal (£), Inside Conveyancing, Today’s Conveyancer, Property Industry Eye and Estate Agent Today. I said: “We are seeking further clarity from government and will monitor closely as the situation develops. We are hoping for official guidance to be published in the next few days.”

Sarah Dwight, a member of our conveyancing and land law committee, was also cited in an advice column for the FT (£).

The Daily Mail namechecked the Law Society in a column on how the property market is likely to react to 80% of people being unable to leave their homes, putting sales on hold.
 
Business continuity and compliance: 
 
The Gazette looked at updated guidance from the Legal Aid Agency (LAA).  I said: 'We continue to push for either firm action or a clear statement of intent on a number of outstanding issues - including a need to address concerns around the means test and the cashflow implications for firms.”

The Times (£) has looked at the impact of the current crisis on the business of law firms across the country, and makes reference to our online guidance.

Council member Paul Bennett appeared on BBC Radio Shropshire (from 2:37:16) to chat about coronavirus, business continuity and law firms.  
 
The Solicitors Journal has a piece on the compliance challenges professionals face in this current situation and points out SRA and Law Society guidance to help them.
  
Junior lawyers 

The Lawyer reported that the Junior Lawyers Division of the Law Society has written to the Solicitors Regulation Authority (SRA) urging it not to delay final exams for the Legal Practice Course (LPC) until the coronavirus pandemic has passed. 
 
And in non-coronavirus news:

Legal Cheek and Practice Source cover our joint lawtech survey with Oxford University. The report found that while technology could boost productivity, only 41% of respondents were sufficiently trained to use new technology at work.

The German Federal Constitutional Court’s ruled last week that Germany’s participation in the Unified Patent Court (UPC) is void. Global Legal Post asked whether it is the end of the road for the court, or if it can be revived. I said: “There is a crucially important window of opportunity to make this investment before the UPC is off and running.”

Artificial Lawyer reported on a survey of a group of 353 anonymous respondents taken out of a random sample of 10,000 individuals selected by the Law Society of England & Wales across a very broad range of companies, which found that tech will boost productivity, but we’re just not using it. The survey was featured in the Law Society Gazette.

Legal Futures reported on our joint survey with Oxford University which shows many firms are not making the most of lawtech. Law Society chief executive Paul Tennant said: “This survey offers an important snapshot of lawtech adoption in England and Wales and highlights the training solicitors need to improve their expertise.”
   
In one of our columns for the Northern Echo, local solicitor Kayleigh Richardson, highlighted how widespread domestic abuse is in the UK and the need for legal aid in these cases.

Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter.

Regulation
 
New probate forms
We had our usual probate review meeting with HMCTS in which they confirmed the launch of new standard grant of representation application forms for legal professionals. These will see the old-style Statements of Truth become redundant after a four-week introduction period for the new forms. The new forms will enable HMCTS to digitise the information and insert it directly into their systems.

Given the current situation with coronavirus, members are also encouraged to sign up to MyHMCTS to ensure better continuity of service: https://www.lawsociety.org.uk/news/stories/new-grant-of-representation-application-forms-for-legal-professionals/

Parliamentary
 
Giving evidence to the Justice Select Committee on Tuesday (24 March), lord chancellor Robert Buckland QC MP referred to the Law Society’s work in response to the coronavirus pandemic three times. He stated: “Can I say, the Law Society, I’m so grateful for the support that they’ve given us through this very testing time. They’ve shown that professionals are prepared to step up to the plate and help deliver justice in a calm and measured way.”
 
On Wednesday 25 March, deputy vice president I. Stephanie Boyce appeared as a guest on the Legally Vocal podcast, hosted by Apperio, to discuss the in-house profession and the future legal environment.
 
On Thursday 26 March I attended a call with newly-appointed parliamentary under-secretary of state at the Ministry of Justice, Alex Chalk, around legal aid.

Our year in review
 
Every year we publish our business review, highlighting some of what we achieved for our members, the legal sector and the general public. Our review for 2018-19 is out now and our key facts and figures, as well as looking at how the profession has changed in the last ten years. We also look at what we see as they key issues the profession needs to respond to in the coming years.
 
It covers how we:

• influenced for impact as the voice of the profession
• kept our members up to date with the latest news, information and research
• supported practice excellence through support and advice, practice notes, toolkits and events
• were our members’ career companion, giving them the tools to develop their careers, expertise and businesses
• made operational improvements to be more effective and efficient

The full business review is a really interesting read, and we’ve also made a two-page summary – find them both on our website.
 
Keeping members up to date
 
We have a number of newsletters for members. Below is a list, along with links for signing up to them.
 
Professional Update
Law Society newsletter page

You can also register for the Gazette daily update here.

As always, please feel free to share this update with your constituents unless otherwise specified.
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear All
 
Covid-19
In these fast moving times and in a hectic week, our staff and elected and appointed members have been working full tilt to represent the interests of the profession and get advice and support to our members as they deal with this unprecedented situation.

Influencing
We are making representations to UK government departments, regulators and agencies. This includes calls with the lord chancellor, the lord chief justice and the secretary of state for business, enterprise and industrial strategy which have taken place this week. We have done all we can to keep the wheels of justice turning, while at the same time addressing concerns on member safety, business continuity and the rule of law.

Some of our latest results include:

• HM Courts and Tribunals Service (HMCTS) has relaxed rules on bringing hand sanitiser in to court. Police guidance has been updated to reflect our concerns
• Welsh government has now included small-to-medium law firms within the criteria for its recently announced £100 million grant scheme for businesses
• Supported by HMCTS we have asked that our  practitioners be “key workers”  because it is we who are keeping the system of justice running. Guidance from the Lord Chancellor is expected imminently.
• A letter from the Attorney-General acknowledging the contribution of the profession and complimenting the Law Society on our leadership

You can see our latest influencing work here. These pages will be regularly updated.

Supporting members
Our work to support members  includes answering a wide range of their practical questions, from “How should firms operate if the MLRO or COLP has coronavirus?” to “Our firm is likely to be in financial distress in the next few weeks due to cash flow. What support is available?”
 
These have been updated on a daily basis as the flow of information from our members has been brought together, prioritised and responded to.
 
We also have a risk and compliance podcast as the start of a series for members.

You can see our latest advice and support here.

We will continue to work on our four priority areas: 

• member safety
• business continuity
• regulatory compliance
• rule of law

Weeks to come
This is just the beginning of our response. We are reaching out to specific groups of members to understand the issues they are facing and identify the short and long term advice and support we can give. I will keep you updated through my regular President’s Update and other available routes. Also please see Twitter,  the Gazette Daily Update and weekly Professional Update for the latest information we are sharing with our members

On to more practical arrangements:

Subscriptions
Redirecting your weekly Gazette Magazine
Many Gazette readers are working remotely as a result of the coronavirus.  If you would like your weeklyprint issue delivered to your home rather than your firm, please contact our subscriptions team (with your SRA number here): 
gazette-subscriptions@lawsociety.org.uk

Face to face events for members 
The Law Society takes the health and safety of our staff, members, clients and other visitors to our offices and events very seriously. In light of the increasing number of people affected by the virus and acknowledging the role we all have to play in limiting its impact, we have taken the decision to cancel all face to face events until the end of July 2020.   

We are extremely grateful for the amount of work and incredible investment staff and members put into organising Law Society events. To ensure this is not wasted we are currently reviewing online alternatives including podcasts, webinars and live events. Your event organiser will be in contact with you soon to discuss the options available.  

Anyone who has already registered and paid to attend an event will be contacted and provided with a full refund. Speakers and sponsors will also be contacted about alternative formats and ways to remain involved.  

We do not know if events will be impacted beyond July 2020 nor how long the current situation will last. We will continue to monitor the situation daily and will keep staff and members informed as more information comes to light.

The Law Society's Hall at 113 Chancery Lane and the Bar and Restaurant
This will be closed until further notice.

See you next week
If ideas about support for our members during these difficult times occur to you, please e-mail Robert.print@lawsociety.org.uk
 
Warm wishes and stay safe.

Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P