The Common Platform Digital Case Management system is being rolled out to courts in our area.
Please see the attached document for more information.
Please see the attached document for more information.
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LawCare is an independent charity which offers free and confidential emotional wellbeing support to everyone working in the legal profession. We won’t ask for your roll number or details of your workplace, you don’t have to give your name, and we are independent of professional bodies and regulators. All those working at LawCare answering calls, emails and online chats have experience of working in the legal profession and are keen to support anyone going through a tough time. We’d rather people contacted LawCare early, when they just need to let off steam or talk through a situation; we want them to know that they don’t have to wait until things have escalated, we’re here anytime they need to talk
How you can help to share information about LawCare Mention a line about LawCare in your newsletters or send a stand alone email LawCare is the mental wellbeing charity for the legal profession offering free, confidential, emotional support, peer support, and resources to those working in the law. If you need support call us on 0800 279 6888, email support@lawcare.org.uk or go to www.lawcare.org.uk. We understand life in the law. Take a look at the resources available in our Dropbox. You could download our logo and descriptors, print or download posters or Top Tips for Looking after Yourself There’s lots more information and some useful resources on our website and we’ll also be sending some more resources round shortly for Mental Health Awareness Week 9-15 May. We also have an event happening on March 31st offering management skills for lawyers which you may like to share https://www.eventbrite.co.uk/e/mindful-managing-management-skills-for-lawyers-tickets-274230559987 The SRA have recently published a consultation on options for the future of post six-year run-off cover (PSYROC) and the Solicitors Indemnity Fund. The 12-week consultation will run until 15 February 2022.
The SRA will be holding a webinar and Q&A on Thursday 16 December - please see links to the webinar and consultation below. Consultation - https://www.sra.org.uk/sra/consultations/ Webinar and Q&A - https://www.sra.org.uk/sra/news/events/ 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. My LS Please register with My LS to see content tailored to your practice and interests. Registering will also help you understand the benefit to your constituents. Find a Solicitor Service Whilst the Law Society is not able to give legal advice, if you have a client who needs advice in a practice area other than your own, our Find a Solicitor service is available so they can identify a legal professional who can help. They can use the service by visiting solicitors.lawsociety.org.uk or by calling 020 7320 5650. We were in the media last week to promote the role and value of the profession in these difficult times Our campaign to soften the end of the stamp duty (SDLT) holiday looming on 31 March received a boost this week with coverage from the Express, London Mail and Estate Agent Today. I said: “Urgent action needs to be taken to soften this cliff edge and protect home buyers and sellers from being out of the scheme, out of luck and out of pocket.” Subsequently the Gazette revealed the chancellor of the exchequer could announce in next week’s budget the extension of the stamp duty land tax (SDLT) holiday until the end of June. New Law Journal picked up the story. A Law Society spokesperson said: “It is promising to see speculation that the cliff-edge end to the stamp duty land tax holiday could be addressed. The combination of the cliff edge and a bottleneck in the property market could see thousands of transactions collapse at the last minute, leaving consumers stranded and out of pocket.” Join or share our campaign to prevent the SDLT cliff edge The Gazette, Mortgage Finance Gazette, Today’s Conveyancer, Estate Agent Networking, LexisLibrary Real Property Law (£), New Law Journal, Solicitors Journal and Money Age reported the Law Society and conveyancing bodies have launched a new taskforce that will agree and lead changes to the homebuying and selling process. I said: “The combination of the stamp duty land tax holiday and working from home has put conveyancing and those who practise it under enormous strain. “We do know that the pandemic and the need for social distancing has accelerated the appetite for using digital solutions in parts of the transaction process, particularly for ID and execution and electronic and/or digital signing.” Max Winthrop, from our employment law committee, spoke to Channel 4 News and LBC (from 00:03:18) about the Supreme Court judgment on the employment status of Uber drivers and the wider implications of the judgment for employment law and the gig economy. Melinda Giles, a member of our wills and equity committee, spoke to BBC Radio 4’s Money Box (from 02:00) about lasting powers of attorney and managing someone else’s finances should they lose capacity. The Northamptonshire Telegraph and Northampton Chronicle both reported that although 60 new Nightingale courts are due to open, none have been scheduled to open in Northampton. I said: “Justice is being delayed for victims, witnesses and defendants, who have proceedings hanging over them for months, if not years, with some trials now being listed for 2022.” Wedding Ideas provided advice and updates for people planning a wedding during the pandemic. Chair of the Law Society’s digital assets working group Gary Rycroft said: “Couples’ legal rights have changed in both obvious ways – such as the number of guests allowed reducing from 30 to 15 – as well as in more subtle ways. “The change in scale of weddings may change the nature of the event originally booked to the extent it is no longer viable for the couples or venues. What I mean here is that the wedding may have been forced to be so small that there are grounds to cancel or postpone it.” Also in MSN UK. The Gazette, Times (£) and Legal Futures reported that our recommended minimum salary for trainee solicitors has risen by 1.1% to £20,217 outside London and £22,794 in the capital. I said: “Our vision is that the profession should be accessible to all, regardless of socio-economic background. I encourage all law firms to adopt this recommendation and pay their trainees a fair minimum salary for their hard work so that people from all walks of life can see a path into a career in the law." Legal Cheek covered research showing a fifth of trainees based in London are being paid below the Law Society’s minimum recommended salary, up from 16% last year. The Law Society produced a report – On the Human Rights Frontline – alongside Amnesty International, Peace Brigades International and the York Centre for Applied Human Rights, among others, reports Nouse. The report is based on interviews with 82 activists and calls for the UK government to increase its efforts to protect those who defend human rights. I said: “Lawyers around the globe face harassment, prosecution, imprisonment and violence for representing their clients and upholding the rule of law.” The European Commission has published its draft adequacy for personal data transfers to the UK under the General Data Protection Regulation and the Law Enforcement Directive, reports New Law Journal. I said: “Without formal adequacy recognition, UK organisations will need to have in place alternative safeguards to ensure they may continue to receive personal data from the EU and EEA, such as standard contractual clauses or another transfer mechanism. “Until the adequacy decisions are adopted, we continue to advise the profession to continue to prepare in the event that adequacy is not approved by the EU." A report by Fair Trials, Transform Justice and the National Appropriate Adult Network about remote legal advice in police custody was covered by the Guardian. The Law Society agreed that face-face legal advice for all suspects at stations was preferable, but that safety has to be the priority during the pandemic. I said: “What should happen and what safely can happen during the pandemic are not going to be the same, and in this extraordinary situation there will of course be isolated examples of solicitors – and police officers, and appropriate adults – making decisions that could be questioned. But sometimes there is no right answer, only a choice as to which wrong answer is the least wrong.” The Gazette revealed that several police stations have agreed to resume video remand hearings for all defendants from their custody suites. “We are pleased to see that the Ministry of Justice and the Home Office have agreed funding to support the reintroduction of video remand hearings for all defendants in several locations and hope that this is the first step towards restoring their use more widely,” I said. Also in Solicitors Journal. Today’s Wills and Probate mentioned our research into digital assets in wills in a discussion piece on the subject. Parliamentary Global Britain ministerial roundtable On Wednesday 17 February I chaired the roundtable hosted by the Law Society for senior representatives from some of the largest UK firms with significant international interests. Attendees discussed opportunities and concerns surrounding global trade in legal services with two government ministers: trade policy minister Greg Hands MP and justice minister Lord Wolfson QC. Polish National Bar event I spoke to the Polish National Bar, covering the Law Society’s reaction to the EU-UK Trade and Co-operation Agreement, and our view that it will not affect the openness of the jurisdiction of England and Wales. Skills Roundtable On Tuesday I hosted a Carey Street roundtable on the topic of future skills for the profession. Dr Kion Ahadi, our director of Futures and Insight, presented some findings from a recent Law Society skills survey of the profession. The discussion focused on what future skills are needed by the profession, and the influence of factors such as technology on new ways of working, and post Brexit immigration rules on talent requisition and retention. Participants included representatives from the Government Lawyers Department, Royal Bank of Scotland, Sheffield University, Junior Lawyers Division, DLA Piper, Herbert Smith Freehills and Addleshaw Goddard. Justice Court safety and testing We continue to meet with HMCTS on a weekly basis to keep court safety matters under review. They are encouraging all court and tribunal users to take part in any Community Testing Programme that is available locally. In areas where new virus variants have been found the government strongly advises users to take a COVID test, whether you are showing symptoms or not. You can find out more information in the ‘Testing advice for key workers’ section of our guidance and best practice for member safety in court and tribunal buildings: https://www.lawsociety.org.uk/topics/coronavirus/coronavirus-covid-19-best-practice-for-member-safety-in-court-and-tribunal-buildings Positive news as police reinstate use of video remand hearings In October 2020, it was revealed that police forces could no longer afford to support HMCTS during the pandemic by running video remand hearings (VRH) from their custody suites and withdrew from full participation in December 2020. Since October, we have been lobbying hard for a solution to be found that would reinstate Cloud Video Platform (CVP) remand hearings, with a key focus being on the safety of all court users. HMCTS has confirmed that it’s been able to secure agreement with the majority of forces for police to continue operating limited access to VRH for any defendants in custody or with suspected cases of COVID-19. You can read more on the concerns we raised and what has been done to address these here: https://www.lawsociety.org.uk/campaigns/court-reform/news/positive-news-as-police-reinstate-use-of-video-remand-hearings Justice Week 2021 This week is Justice Week (1-5 March). Together with the Bar Council and CILEx, we are organising a series of online events and activities to improve access to justice. Our theme for 2021 is Rights and Justice: the cost of Covid-19. We want to reach as wide a public audience as possible, so we encourage you and your family and friends to take part in Justice Week 2021. The headline event of this year’s Justice Week will be our Justice Week Question Time on Thursday 4 March at 5pm. This live and energetic online panel session with experts on all things rights and justice will focus on the impact of the Covid-19 pandemic on our democracy. We will have a great panel of speakers, including Lord Sumption and Tom Franklin from Young Citizens. The BBC’s Sangita Myska will moderate the debate. Our panelists will be answering questions directly sourced from anyone who would like to ask one. All you need to do is to post your question on Twitter with #JusticeWeekQT hashtag. Join the event on Thursday and invite your family and friends to sign up and send their questions. Find out more about Justice Week 2021 and see the full list of activities here. Justice Week photo exhibition During Justice Week, we are running an online photography exhibition focusing on the impact of the pandemic on young people, helping to give them a voice about how their freedoms have been limited and policed, at times in controversial ways. The deadline for submitting photos is Friday 5 March. Find out more on how to take part Regulation Meeting with the new Chief Ombudsman Following the Law Society’s Response in January to the OLC’s Business Plan and Budget Consultation 2021/22, we met with the newly appointed Chief Ombudsman, Paul McFadden. We explained the impact of the pandemic on the profession, financially, and in other ways such as having to adapt to new ways of working (for example, new processes for the execution of documents). We also discussed working remotely, which has been particularly challenging for smaller firms and those undertaking publicly funded work. He acknowledged our concerns about LeO’s performance, the significant budget ask, which we opposed, and other issues raised in our response on behalf of members. He recognised that LeO needed to address its performance issues swiftly in order to regain the confidence of the profession in LeO, and indicated that he is willing to work with stakeholders and take onboard feedback. We understand that the OLC has amended its Business Plan and submitted it to the LSB for consideration. The LSB will make a decision on the Business Plan and Budget in March. You may also like to view our updated practice note on Handling Complaints Update from our Brussels office On Monday 22 February, Helena Raulus, head of office, was invited to speak in a roundtable organised by Simmons and Simmons on recognition and enforcement of judgments with Justice Sara Cockerill. The participants included inhouse lawyers from major City banks such as Morgan Stanley, Goldman Sachs, Barclays, JP Morgan and Credit Suisse. Our work internationally The Law Society and Lawyers for Lawyers delivered a joint statement to the United Nations Human Rights Council during the interactive dialogue with the UN High Commissioner on Human Rights on Belarus. In the statement, we highlighted the arrest and detention of lawyers in Belarus and lack of access to a lawyer of one’s own choosing in the aftermath of the elections there. Ben Stevenson and Stephen Denyer hosted a member strategy roundtable on the USA with HMTC Anthony Phillipson. Over 33 law firms and discussed a range of topics including market access, trade promotion and cross border regulatory issues. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, David David Greene 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. My LS Please register with My LS to see content tailored to your practice and interests. Registering will also help you understand the benefit to your constituents. Find a Solicitor Service Whilst the Law Society is not able to give legal advice, if you have a client who needs advice in a practice area other than your own, our Find a Solicitor service is available so they can identify a legal professional who can help. They can use the service by visiting solicitors.lawsociety.org.uk or by calling 020 7320 5650. We have been in the media this week to promote the role and value of the profession in these difficult times I spoke to BBC Radio 5 Live (from 07:48), BBC News, Sky News, BBC Radio Foyle, the Guardian and Yahoo! about whether AstraZeneca breached its contract with the EU by not supplying them with the promised number of vaccines. I explained how the terms of the contract led to problems when AstraZeneca was unable to produce the required quantities, and briefly discussed the EU’s strategies to resolve the issue, including aborted plans to override part of the Brexit deal and put border controls on Northern Ireland. Further international coverage: France 24; Radio France Internationale; Brussels Times; Deccan Herald; International Business Times Australia; Manila Standard; L’Agefi (Switzerland); Fintech Zoom; The Jakarta Post; Guacha ZH; Infobae; NoticiasFinancieras; Teller Report; MSN LatinoAmerica; Il Foglio; Sondakika; Bharat Express News; Pehal News; Science et Avenir; NDTV India; Oman Observer; L’Echo; Deal News Online; e-velos.gr; Ta Nea Online; Psychology News; Urdu Point; International Business Times India and International Business Times USA; Correio Brazilinese; Le Journal de Quebec. The Daily Mail, Solicitors Journal, Fintech Zoom, MSN News, Today’s Conveyancer, Housing Quality Network and Local Government Lawyer all noted the Law Society’s call for leaseholders to be protected from the costs of making their homes safe from potentially deadly cladding. I said: “Many properties built over the last twenty years are potentially dangerous as a result of unclear building regulations, poor building practices, defective materials and inadequate enforcement of the rules.” I wrote an article for the Times (£) on court safety in the pandemic. I explained our call on the government to move to video hearings by default in all crown and magistrates’ courts. “Court staff, judges and lawyers have worked tirelessly to keep the wheels of justice turning. The government must put their safety first and heed calls to move to video by default to keep all involved as safe as possible,” I said. In a piece on the backlogs in the courts, BBC London cited our recent call for a pause in court hearings. Reports the government has abandoned plans to roll-out Covid operating hours across Crown courts are covered by the Gazette. Our head of justice Richard Miller said: “We would welcome a decision not to proceed with any further roll-out of Covid operating hours in the Crown courts, if this were confirmed. “We remain to be convinced that the Covid operating hours pilots have delivered any additional capacity. We also told the Ministry of Justice that Covid operating hours would have likely increased foot traffic whilst a new Covid variant is in circulation and therefore we believe it is safer not to proceed with any further roll-out.” The Gazette covered the announcement of the panel for the criminal legal aid review. I said: “Legal aid practitioners must be paid properly, and their businesses must be economically viable, otherwise the system will collapse.” Also in New Law Journal. The Gazette reported the independent panel examining judicial review has sent in its findings to the government. The article noted ministries may now come under increasing pressure to publish their submissions to the panel as others, including the Law Society, have done. The lord chancellor has said any proposals on judicial review would be announced in the spring. Read our submission. The Times (£) and Gazette covered a new identity card scheme enabling solicitors to bypass security checks in more than 300 courts and tribunals thanks to a partnership between the Law Society, LCCSA and CLSA. I said: “The work solicitors do underpins justice. We’re therefore very pleased that we’ve been able to come to an arrangement with partner organisations so our members can obtain ID which helps them fast-track into court premises in a way that helps court security for everyone using the courts or working there.” Global Legal Post cited a blog written by Mickaël Laurans, our head of international, who gave an initial assessment of the impact of the Brexit deal on trade in legal services, noting that it provided clarity and transparency on the restrictions placed on UK lawyers – essentially putting them on a par with non-EU, third-country lawyers. The Gazette and Wales 247 picked up on the launch of our Future of Justice in Wales manifesto, which laid out some key asks for next Welsh government to advance access to justice, promote South Wales as a vibrant legal centre and maintain and develop a shared regulatory system. Jonathan Davies, head of the Law Society’s Wales office, said: “Cross-border collaboration is a crucial component of English and Welsh law’s success. As the body of Wales-specific law grows, it is important to consider the distinct needs of the Welsh public and legal profession and to ensure a continued openness across England and Wales – allowing solicitors to gain experience and grow their careers in both nations.” Members of our conveyancing and land law committee took to the airwaves ahead of a parliamentary debate on whether the stamp duty holiday deadline of 31 March should be extended. Sarah Dwight spoke to BBC Radio Cornwall (from 2:11:28) and Peter Rodd was a guest on LBC (from 02:36:23). Dr Kerry Beynon, a member of our technology and law committee, spoke with talkRadio (in the 17:30 – 18:00 section from 21:42) about what consumers should be aware of when consenting to apps’ terms and conditions in the wake of the Grindr case. Jo O’Sullivan from our family law committee talks to BBC Radio Essex (from 13:13) about the benefits of using family mediation in divorce cases, following family mediation week in late January. North East Connected reminded readers to remember to include digital assets when planning for their estates, after Law Society research found 93% of people have not done this. “Writing a digital will and keeping a clear record of online passwords ensures that your loved ones are able to access your digital assets and are not faced with any additional stresses during probate,” I said. The Gazette and Legal Futures reported that the Legal Services Board has published a new framework for how regulators and representative bodies are held accountable for expenditure. The new rules are an adaption and extension of the existing regime and follow a consultation with the profession last year. Legal Futures covered the Bar Council’s view that the Legal Ombudsman (LeO) is “setting itself up to fail” by proposing to give itself more work than it can cope with and asking for a budget hike of 19%. This follows our concerns that the LeO budget increase was “out of step” with the economy, especially given the ombudsman’s performance over the last year. I said: "The organisation needs to focus on the reasons behind its performance levels so that these may be addressed as well as tackling its human resource issues before considering the recruitment of more staff.” New Law Journal picks up on the Land Registry’s proposal to allow digital identity checks in conveyancing, which the Law Society has welcomed. In our consultation response, we said that we are “broadly in favour of the proposals introduced by the safe harbour standard”, which would mean prior to completion conveyancers would provide an individual certificate to the Land Registry as assurance that they have followed the correct processes. Parliamentary President writes article for Westminster and Holborn Law Society This week I wrote an article in the Central London Lawyer, the official journal of the Westminster and Holborn Law Society, giving my reaction to the EU-UK Trade and Co-operation Agreement. You can read the article here https://issuu.com/benham/docs/westminster___holborn_law_society_february_2021 Justice Continued collaboration essential for the future of Welsh justice On 3 February we launched our Future of Justice in Wales manifesto stating that continued collaboration between the Welsh and UK governments will be essential for the future success of Welsh justice. Legal Aid Richard Atkinson has been confirmed as the Law Society’s representative on the Criminal Legal Aid Review Panel. The Government published the full list of panel members, which also included criminal solicitor Bill Waddington, barristers Jo Cecil and Neil Hawes QC, and academics Dr Natalie Byrom, Dr Vicky Kemp and Professor Dame Hazel Genn DBE, QC (Hon), FBA, LLD. I was able to speak with the chair of the inquiry, Sir Christopher Bellamy QC, in an introductory discussion when I was able to outline our concerns. Changes to the capital rules in the legal aid means test resulting from our recent strategic litigation took effect on 28 January. From now on, the whole of a mortgage against a property will be taken into account rather than just the first £100,000. The Legal Aid Agency has extended its contingency arrangements, to enable firms to operate during the pandemic without facing contract breach sanctions, until March 2021. Regulation Legal Services Board Strategy for legal services regulation and Business Plan 2021-22 – Law Society response The Law Society responded to the LSB’s strategy and business plan consultation. We broadly welcome the strategy but given that the legal sector and the profession are facing unprecedented pressures, we said the LSB should concentrate on how its work can support the sector at this challenging time. We encouraged the LSB to prioritise and focus the strategy on promoting access to justice, ensuring regulatory certainty and stability as well as maintenance of public protections. We are particularly keen to work closely with the LSB and others to progress diversity and inclusion in the profession and to enhance access to justice through the use of technology and innovation in the legal sector. We have significant ongoing work programmes in these areas and the insight of our members will be essential to making sustainable changes across the sector. https://www.lawsociety.org.uk/campaigns/consultation-responses/legal-services-board-strategy-and-business-plan-2021-22 Diversity and Inclusion Experiences of LGBT+ lawyers and their allies To mark LGBT History Month (1 – 28 February) we have launched a survey to capture the experiences of the LGBT+ legal community and their allies. Our aim is to gain a better understanding of people’s daily lives, challenges and opportunities within the profession and improve engagement and support for LGBT+ people. Please take 5-10 minutes to complete the survey before Sunday 28 Feb. Take the survey LGBT History Month: Inspiration through the ages To mark LGBT History Month, members of our LGBT+ Lawyers Division Committee have profiled four inspirational LGBT+ people from history who worked within, or directly impacted, the legal profession. Read the article It is time to talk: the wellbeing gap for Black, Asian and minority ethnic solicitors To mark both Time to Talk Day (4 February) and Race Equality Week (1-7 February) we invited Elizabeth Rimmer, CEO of LawCare, and Umar Kankiya, solicitor specialising in mental health and a LawCare champion, to discuss the wellbeing gap between black, Asian and minority ethnic and white solicitors. Listen to the podcast Find out more about Race Equality Week A disability inclusive future To mark the launch of our easy wins resources for disability inclusion for both large and small organisations, Aimey Sherwood, member of our Diversity and Inclusion team, explores how the recommendations can positively impact workplaces. Read the article Update from our Brussels Office On Tuesday 2 February, Helena Raulus, head of office spoke in a FIDE (Finland) webinar on Brexit. On Wednesday 3 February, The Brussels Office jointly with the British Chamber of Commerce hosted a webinar on “EU-UK cross border trade, the new landscape for VAT”. The discussion was led by David Pruden and Edward Brett, who are part of the VAT principles team at HMRC, and Martin Shah, partner in corporate tax at Simmons & Simmons. The event was moderated by Daniel Dalton, chief executive of Britcham EU & Belgium. I hosted a “Carey Street” round table with practitioners on legal services after Brexit both in the EU and countries round the world. The discussion was wide ranging and feeds into our work for the profession post Brexit. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, David David Greene 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. My LS Please register with My LS to see content tailored to your practice and interests. Registering will also help you understand the benefit to your constituents. Find a Solicitor Service Whilst the Law Society is not able to give legal advice, if you have a client who needs advice in a practice area other than your own, our Find a Solicitor service is available so they can identify a legal professional who can help. They can use the service by visiting solicitors.lawsociety.org.uk or by calling 020 7320 5650. We have been in the media this week to promote the role and value of the profession in these difficult times The Telegraph (£), Independent, Daily Mail, Evening Standard, BBC, Sunday Times (£), Gazette and 99 regional papers covered our call to pause non-custodial work in Crown and magistrates courts for two weeks due to the new coronavirus variant. I said: “Due to the rapid acceleration of transmission and the ever-increasing pressures on the NHS, we are now in a position where urgent action within the courts must be taken.” Our warnings about the critical situation in the criminal justice system was reiterated in articles in the Daily Mail, ITV, Gazette, Solicitors Journal, Press and Journal and 156 other news outlets, following a joint report on the courts backlog by the four national criminal justice watchdogs for England and Wales. We pointed out the Crown court backlog was already substantial prior to the pandemic. I’m quoted: ‘Given the continuing impact of the pandemic - including the new more easily transmissible coronavirus variant - we have called for further steps to be taken to make the courts safer for all users. The gains sought to be achieved in pressing on regardless will be lost if such measures are not put in place. This is likely to lead to yet further delays due to court closures following outbreaks of coronavirus and due to staff, lawyers, judiciary and parties falling sick." The Gazette, Public Law Today, Local Government Lawyer covered a government blog post by Kevin Sadler, CEO of the HM Courts & Tribunal Service, who insisted that court buildings are safe, despite reports to the contrary. Sadler’s article followed a call from the Law Society to pause non-custodial cases in the crown and magistrates courts, reported Legal Action Group and New Law Journal. I said: “We agree with the four chief inspectors that, in light of the pandemic, the situation in the criminal justice system is now critical and a whole-system solution is required.” Public Law Today also covered our warnings about the critical situation in the criminal justice system and our call for a two-week pause of non-custodial crown and magistrates’ court work. I said: “To date we have welcomed the steps the government has taken to make court and tribunal buildings as safe as possible, however government figures showing a record daily reported 1,564 new fatalities and 47,525 new infections cannot be ignored. By its nature, unless remotely accessed, the court process throws people together in limited space.” Legal News Wales reported that Mark Davies, vice chair of our Wales committee, sent a letter to HM Courts & Tribunal Service Wales, outlining the concerns for safety of members and court users in light of the new more transmissible Covid-19 variant. I said: “Throughout the pandemic the Law Society has maintained that it is essential for justice to continue to be delivered. However, the safety of both court users and those who work within the justice system is of the utmost importance, especially given the new more easily transmissible coronavirus variant.” Legal News Wales and the Gazette then reported that, after successful talks with the Law Society, HM Courts & Tribunals Service agreed for the Common Video Platform (CVP) to be the default option for solicitors involved in magistrates’ court proceedings across Wales. Mark Davies said: “The stance that will be taken by the court is that when notified that they wish to appear via CVP, the request will be treated as granted unless the court decides it is not in the interests of justice.” The BBC and Headtopics covered a warning from Public and Commercial Services Union (PCS) that courts in England and Wales could face industrial action unless improvements are made to staff coronavirus safety. I said closing courts appeared to conflict with “the imperative to mitigate” the growing backlog of cases, but argued there was "almost certain to be a significant loss of capacity due to court closures following outbreaks of coronavirus, and due to staff, lawyers, judiciary and parties falling sick". The Financial Times (£) carried an in-depth piece on how the pandemic, which has forced thousands to work from home, has been beneficial for disabled workers. Jane Burton, chair of our lawyers with disabilities division, said that to reduce the “fear and stigma” overshadowing disability, employers should plan for a recovery that plays to people’s strengths and circumstances. She urged senior staff with impairments to become visible role models and mentors, and champion part-time training contracts to help more disabled candidates get a foot in the door. Jodie Hill of our employment law committee, spoke with talkRadio (in the 10.30 – 11.00 time slot from 21:00) about whether your employer can ask you to take a Covid vaccine. BBC Radio Humberside (from 20:00) and BBC Radio Newcastle (from 41:10) both spoke to our employment committee’s Max Winthrop on the same topic. Max then appeared on LBC Radio discussing new guidelines in Wales on workplace safety during the Covid-19 pandemic. Solicitors Journal, Gazette, Inside Conveyancing, Today’s Conveyancer, Today’s Wills & Probate, LexisPSL Risk and Compliance (£), New Law Journal, CCR Magazine, Today’s Wills & Probate, Lexis Library Criminal Law and Disposition of Offenders (£) reported our call to the profession to review their anti-money laundering policies as new guidance launches. I said: “The guidance includes fully revised and expanded guidance on risk assessments, expanded guidance on source of funds and source of wealth, an updated training section and a new section on how to effectively use AML-related technology to mitigate risk. “In light of these changes, the legal profession should review their current AML governance, policies and procedures and update where appropriate.” New Law Journal carried a feature looking at the litigation trends in 2021, including procedural reform, workflow, diversity and wellbeing. It includes feedback from our civil justice committee that litigation outside London and the lower courts have been different than in the City. Estate Agent Today revealed that Etive, a proptech company, has won a grant to improve ID verification or buying and selling homes via a digital identity trust scheme. “This will ease the burden on consumers having to produce information for ID checks with different parties and could help reduce fraud and reduce delays in the sales process – all beneficial developments for our members. The Covid-19 crisis has resulted in transformational technological change in the conveyancing market and this represents another important step forward,” I said. Also covered by Estate Agent Today. Legal Futures covered our criticism that the Legal Ombudsman’s pitch for a 19% budget hike is unrealistic in the current economic climate. I described the budget request as “out of step” with the economy, especially given LeO’s performance over the last year. “The organisation needs to focus on the reasons behind its performance levels so that these may be addressed as well as tackling its human resource issues before considering the recruitment of more staff,” I said. Today’s Conveyancer noted our call that the proposed changes to the Mental Health Act must be properly funded to be effective. I said: “Reform must be backed up by proper funding to meet the rising pressure on services and to address the poor state of infrastructure in many hospitals. This is vital to ensure the safeguards for people detained under the Act are sustainable, effective, and enforceable.” Property Industry Eye, Inside Conveyancing and Estate Agent Today highlight analysis from Rightmove that around 100,000 homebuyers will miss the 31 March deadline for the stamp duty holiday. I said: “The volume of transactions already waiting to go through mean people should not have unrealistic hopes about the prospects of starting a new transaction now and completing before 31 March.” Meanwhile Legal News Wales reports on the situation there with the Land Transaction Tax (LTT). “Having confirmed that the LTT holiday will end on 31 March 2021, the Welsh government must remain vigilant to ensure the right balance of stability, fairness and confidence in the market is in place,” I said. New Law Journal reported the lord chancellor’s pledge to conduct a meaningful consultation on how legal aid bills are assessed after the Law Society lodged judicial review proceedings against the Legal Aid Agency (LAA) in September. I said: “We brought this action because the LAA announced changes to the way legal aid costs were assessed without a credible consultation or evidence to support moving cost assessments from the courts into the LAA.” The Express picked up our research showing just over a quarter of those surveyed know what happens to their digital assets when they die and why it is important to include them in their will. I said: “With many social media platforms only created in the last few decades, it is all too easy to overlook your digital assets when making a will. However, this can leave family members unable to access family photos saved on the deceased’s online accounts or close their loved one’s social media accounts.” Independent, Yahoo! News and Tech Register reported on the privacy laws contained in data messaging apps such as Whatsapp. Dr Kerry Beynon, of our technology and law committee said: “It is not necessary for contracts to be written in complicated legal language.” Today’s Wills and Probate reported that Mental Health Act reform must be properly funded. I said: “Reform must be backed up by proper funding to meet the rising pressure on services and to address the poor state of infrastructure in many hospitals. This is vital to ensure the safeguards for people detained under the Act are sustainable, effective, and enforceable.” The Gazette covered the Civil Justice Council’s report on guideline hourly rates. Our head of justice Richard Miller said: “Guideline hourly rates for solicitors have not been changed in over 10 years and were long overdue a review. Revised rates would give both solicitors and their clients greater clarity about costs and we look forward to responding to the consultation.” Also in BusinessFast. Mickael Laurans, our head of international, spoke to La Gazette du Palais about the impact of Brexit on British lawyers and law firms. Parliamentary Law Society mentioned during Overseas Operations Bill Debate On Wednesday 20 January the Overseas Operations (Service Personnel and Veterans) Bill received its second reading in the House of Lords. During the debate, several Law Society concerns were raised, particularly those centred on the new presumption against prosecution and the way it interacts with the UK’s international legal obligations, and the limitation period for civil and human rights claims. Baroness Ritchie of Downpatrick mentioned the Law Society, quoting from our briefing and referencing us as a critic alongside the Equality and Human Rights Commission. Read our briefing here Vice president speaks to aspiring lawyers Vice president I. Stephanie Boyce spoke to members of the University of Greenwich Law Society on Thursday 21 January, answering questions and outlining work the Law Society is doing to support diversity in the profession. Regulation Revised Legal Sector Affinity Group (LSAG) AML Guidance published on 20 January The LSAG, which includes the Law Society and all the legal sector supervisors named in the anti-money laundering regulations, has published the 2021 revised guidance on anti-money laundering. It is available in the Law Society’s website and includes a summary of the changes to help firms comply with new requirements. The guidance review was triggered by the EU’s 5th Money Laundering Directive which came into force on 10 January 2020, amending Money Laundering Regulations. The new guidance, which is pending HM Treasury endorsement, supports legal professionals in complying with the Money Laundering Regulations 2017. Having benefitted from extensive practitioner review and input from our Money Laundering Taskforce, the changes include revised guidance on risk assessments, sources of funds, legal professional privilege, training, clarification of client due diligence and a new section on technology. The Money Laundering Taskforce is hosting a series of four webinars between January to March to support members, which will feature a guest speaker from the SRA. These will be covering key areas of impact to members on risk assessments, client due diligence, governance and policies, training and Brexit, and technology. https://events.lawsociety.org.uk/default.aspx?tabid=683 Public Law Graham Turnbull essay competition and lecture This week we announced the question for the Graham Turnbull essay competition: 'What improvements, if any, should be made to the Human Rights Act 1998? Why are they needed?' The Graham Turnbull essay competition encourages law students and junior lawyers to examine current pressing human rights issues and to consider their impact on the wider system of human rights and law. The winner of the competition is awarded a £500 cash prize by the Graham Turnbull Memorial Fund. The deadline for entries is 5pm on Wednesday 31 March 2021. Full guidelines and entry criteria are available on the Law Society website. The winner will be announced at the Graham Turnbull Memorial Lecture, held on Tuesday 27th April, 5-6pm. Registration for this virtual event is free and open to all here. Private Law Brexit transition - Divorce webinar On 19 January, we hosted a webinar on cross-border divorce. The speakers, from the UK and Europe, covered areas such as divorce process, forum and jurisdiction across EU member states and non-member states and the use of the Lugano Convention, which the UK still hopes will be available to its practitioners again in the near future. The event was well attended. Justice Court safety We have been engaging extensively with HMCTS and the judiciary over members’ concerns about the courts, and that widespread fears Covid risks are not being managed effectively. We have been calling for a number of measures, focused around the greater use of remote hearings, more effective enforcement of guidelines when physical hearings need to happen, and better use of testing until a vaccine is available to court users. Legal Aid We have submitted a response to the LAA consultation on proposed payments to solicitors for early engagement with police and prosecutors in criminal cases. While we welcome the proposal that the payment should be based on an hourly rate scheme, there are a lot of details that need to be resolved for this to work. Update from our Brussels Office On 19 January, Marcus Corry chaired an online meeting with the Brussels Advisory group and with our Brussels based members. The group discussed the following points:
Our work internationally I along with Mickael Laurans spoke to the Chair of the International Committee of the French Bar (CNB) about practice rights for solicitors under the Trade & Co-operation Agreement. We are now considering the issues raised in that meeting. Diversity and Inclusion Easy wins and action points for disability inclusion In this resource for large organisations within the legal sector, we share recommendations on how to improve disability inclusion in your workplace. It includes a number of questions to keep in mind when designing policies, practical tips on starting initiatives to support disabled staff more effectively and details a number of easy considerations and adjustments you can make for a more disability inclusive future. Download the resource Stonewall Housing – in discussion with Steven McIntyre In this podcast members of our LGBT+ Lawyers Division Committee talk with Steven McIntyre, CEO of Stonewall Housing, a charity which works to ensure lesbian, gay, bisexual and trans people live in safer homes and free from fear. Listen to the podcast Save the date: Diversity and inclusion conference, September 2021 By popular demand and following the successful event held in 2020, the Leeds Law Society in conjunction with the Law Society of England and Wales will once again be holding a free virtual Diversity and Inclusion Conference to mark National Inclusion Week from 14 September 2021 to 30 September 2021 (Tuesdays and Thursdays and at various times of day). The conference will consist of virtual events across six days, with pre-recorded sessions being released at the same time. Each will focus on a particular strand of diversity and inclusion including:
This national conference will range from panel sessions made up of leading figures within a particular strand of diversity and inclusion to individual talks from experts within their field, as well as contributions from various other organisations. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, David David Greene President The Law Society, 113 Chancery Lane, London. WC2A 1P We were delighted to learn that Sylvia Cundell has been made an MBE in the New Year's Honours for services to Law and Order.
Sylvia worked as a Senior Crown Prosecutor at the CPS East of England division. Sylvia is known by members in local the area, having previously worked in the Peterborough area before moving onto the CPS. Congratulations Sylvia Cundell MBE! 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. Website Our new website and the new My LS are now live. Please register to see content tailored to your practice and interests. Thanks to all members who have fed back during development. Feedback is still welcome. Registering with My LS will also help you understand the benefit to your constituents. Find a Solicitor Service Whilst the Law Society is not able to give legal advice, if you have a client who needs advice in a practice area other than your own, our Find a Solicitor service is available to help them find a legal professional who can help. They can use the service by visiting solicitors.lawsociety.org.uk or by calling 020 7320 5650. We have been in the media this week to promote the role and value of the profession in these difficult times The Guardian and Business Telegraph reported calls from business groups around the country for the government to negotiate a trade deal with the EU. They cited our warnings over preparedness. The Gazette examined what leaving the EU without a deal will mean for the legal profession. Helena Raulus, head of our Brussels office, said: “There is no scenario under which UK qualifications [alone] will remain acceptable in the EU.” The CMA’s review into legal services was covered by the Gazette, Legal Week (£) and Legal Futures. I said: “The solicitor profession has made significant strides in providing more information for clients on their prices and services and we are pleased to see the CMA recognises this. Kite marks provide further useful indicators on solicitor expertise in specific areas of law. “Given the pivotal role of the rule of law in the economy and the whole of society, any further reforms should not only focus on competition outcomes, but also on the public interest, the rule of law, access to justice, and an independent, strong, diverse and effective legal profession – all of which are regulatory objectives under the Legal Services Act.” BBC Wales reported on the case backlogs in the criminal justice system – with cases now being delayed until 2023 – and examined the effect waiting for trial has on victims, defendants and the criminal justice system. Scott Bowen, chair of our criminal law committee, said: "It's chaos, there are cases being moved left, right and centre." New Law Journal also covered the backlogs – noting that as of the week ending 22 November, the magistrates courts had 479,489 outstanding cases and the Crown Court 53,318. I said: “It is reassuring to see that the backlog in the magistrates’ courts is falling but it is clear that the need for additional court capacity to enable jury trials to take place safely is ever increasing. “We remain to be convinced that Covid operating hours have delivered any significant additional court capacity and continue to be concerned about the significant impact such extended hours have on court users, legal practitioners and how our justice system functions. “We believe the additional resources it takes to run Covid operating hours should be used to open additional Nightingale Courts – which would increase court capacity and do much more to reduce the case backlogs.” Meanwhile, our response to the consultation on Covid operating hours featured in the Gazette. I said: “Although more cases have been disposed of during COVID operating hours, it appears to have been largely due to the fact that shorter, less complex cases are allocated for these times, which means that a greater number of cases can be allocated, and therefore a greater number of those cases crack. “It's our view that the vast majority of the benefits observed in the pilots would equally have been delivered had the same mix of cases been allocated to courts operating normal court hours.” Also in New Law Journal and Legal Futures. The Gazette covered Ministry of Justice proposals to pay criminal defence lawyers for work on early disclosure materials. I said: “While the announcement of the fee for engaging with early disclosure is welcome, it is not the extra money that criminal defence solicitors are so desperately in need of. “This fee is simply payment for extra work that solicitors will have to do under the attorney general’s new guidance on pre-charge engagement. The Ministry of Justice has been aware of the guidance for some time so we are disappointed the consultation is only being published now.” Also in Business Fast. The Evesham Journal, Bournemouth Echo, Doncaster Free Press, Lancashire Evening Post and several others reported on the delays in small claims courts. I said: “To reduce the backlogs in civil courts, we urge the government to increase court capacity by opening additional Nightingale courts and ensuring the judiciary are well-equipped and encouraged to conduct hearings remotely where needed.” New Law Journal, the Australasian Lawyer, Law Careers, Eastern Eye and African Voice Online all reported research commissioned by the Law Society to assess the progress that has been made toward a more inclusive profession. “George Floyd’s death and the Black Lives Matter protests shone a light on the racial inequalities and injustices that persist around the world. The movement has undoubtedly increased the focus on these issues in the legal profession and provided a much-needed opportunity for reflection,” I said. The Gazette also reported on the ethnicity pay gap between BAME and white solicitors. The Gazette covered on Law Society concerns about SRA enforcement data which show black, Asian and ethnic minority lawyers feature disproportionately in the numbers of complaints received about solicitors, investigations taken up by the SRA and sanctions issued by the Solicitors Disciplinary Tribunal. I said: “We welcome the SRA commissioning independent research into the matter. This research must be undertaken as a priority so that the SRA can better understand the issues which may be causing unfairness and focus on resolving them as soon as possible. “The legal sector stands for access to justice, equality for all and the rule of law. We must ensure that within our profession, there is equality at all stages and solicitors’ chances of being complained about or investigated are not influenced by race or ethnicity.” Also in Solicitors Journal. The Gazette reported on the SRA’s new guidance for qualifying work experience for the SQE. I said: “We will continue to work with the SRA to ensure the introduction of the SQE runs as smoothly as possible and does not create any unnecessary barriers for those looking to start a career in the law.” The Gazette argued that the diverse membership of the panel examining the Human Rights Act (including my predecessor as president, Simon Davis), and the limited scope of the review indicate that conclusions will more likely seek to build consensus than dismember the Act. The review will focus on just three areas: the relationship between the domestic courts and the European Court of Human Rights; the HRA’s impact on the relationship between the judiciary, executive and parliament; and the implications of the way in which the act applies outside the UK. I noted that the rights enshrined in the HRA are core to the UK’s identity and said: “These core values will be front and centre for the panel, whose job will be to ensure that they are not rolled back or compromised.” Global Legal Post covered the Supreme Court’s decision to allow a class action against Mastercard for 46 million British citizens. I tweeted: “This is a momentous decision for enforcing consumer antitrust rights.” The Telegraph (£), House Ladder and Today’s Conveyancer all reported that due to increased demand, people will struggle to meet the stamp duty holiday deadline if they’re looking to buy and sell homes before the end of March. I said: “Consumers must recognise that it is increasingly unlikely that if they sell/buy their house now, that they will complete by the 31 March deadline.” Gary Rycroft, chair of our digital assets committee, was among the experts talking to Grazia, about whether weddings will go ahead in 2021 and what will they look like. “I think ‘expect the unexpected’ must remain the philosophy to live by for now. From a legal perspective that translates to making arrangements and signing contracts which have defined ‘wiggle room’ and ‘exit strategies’,” he said. Bill Waddington, from our criminal law committee, was interviewed by the Times (£) in his capacity as the departing head of the Criminal Law Solicitors’ Association. “People are leaving [criminal legal aid] and young lawyers are not coming in,” he said. “Morale is at an all time low, and if you factor in Covid, we’re in an absolutely desperate situation. “The system is only running due to the continued hard work and goodwill of criminal lawyers, including the Bar and Crown Prosecution Service, who are devoted to providing an excellent service.” Meanwhile Richard Miller, our head of justice, discussed legal aid in the Gazette. “There is still a lot to be done to make the legal aid system fit for purpose,” he said. “It remains a pale shadow of the system that existed when I became director of the Legal Aid Practitioners Group in 2000. But for the first time in two decades, it feels like the public debate is about how to improve legal aid, instead of how to stop further cuts.” The British Psychological Society covered data from the CPS on rape prosecutions and the impact of a failure to prosecute on victims and survivors, noting that the Law Society’s Criminal Law Committee have argued that the CPS has become more reluctant to allow cases to proceed without the strongest evidence. Parliamentary President's speeches On Monday I attended the inaugural address of the Chair of the Bar Council, Derek Sweeting QC. On Tuesday the Vice President and I attended a roundtable of profession leaders to discuss practical steps in making real change for black professionals and those aspiring to join the profession in our ongoing campaign "Achieving Change Together". This RT followed the publication of our study report "Race for Inclusion" detailed above. On Thursday:
Private International Law Bill receives royal assent The Private International Law (Implementation of Agreements) Bill received royal assent and entered the statute book on Monday 14 January. It was first tabled in the House of Lords in February 2020, During its passage through Parliament, the Law Society achieved a government commitment to implement the Hague Convention 2000 in England and Wales, and Northern Ireland, after appropriate consultation. This came about after we co-operated with Lord Wallace of Tankerness and other interested parties on an amendment which was backed by Labour and the Liberal Democrats. The Law Society was also mentioned by spokespeople within Labour and the Liberal Democrats, as well as the Justice Select Committee chair – often regarding the importance of the Lugano convention. Internal Market Bill receives royal assent The UK Internal Market Bill received Royal Assent on Thursday 17 December after the Lords agreed to the latest round of Commons amendments on Wednesday 16 December. The Bill, which was the cause of much contention as it contained powers allowing ministers to breach international law (and because of its perceived encroachment on devolved governments), was subject to a swift journey through Parliament. As of last week, the elements of the Bill which jeopardised the international rule of law have been removed, due to a decision by the UK-EU Joint Committee addressing outstanding issues relevant to the implementation of the Withdrawal Agreement. The Law Society has campaigned against the now-removed clauses since the Bill was first published, and our member action during Commons committee stage saw almost 5000 solicitors and members of the public write to their MP conveying our concerns. These concerns were also raised in the Commons by spokespeople for the Labour Party, the Liberal Democrats, the SNP, and by former prime minister Theresa May. CMA Report Published The Competition and Markets Authority published a report on their review of the legal services market study in England and Wales, assessing the implementation and impact of the 2016 recommendations. The report acknowledges solicitors have worked hard to implement the rules, and indicates that regulators should look to build on what is already in place rather than mandating new requirements. I said “We have had very constructive engagement with the CMA during this review, they have clearly listened to us and recognise the progress made by law firms.” Our press release can be found here. Justice Consultation opens on legal aid fees for engagement with early disclosure The Ministry of Justice is consulting until 25 January 2021 on proposals for legal aid fees to be paid for engagement with the prosecution on early disclosure. This follows the Attorney General’s guidelines, which are due to come into force on 31 December. Read our press comment on twitter here: link > Read more about the consultation Law Society responds to COVID Operating Hours consultation We have responded to the Ministry of Justice’s (MoJ) proposals to roll out the COVID operating Hours (COH) pilot. We remain to be convinced that COH have delivered any significant additional capacity and we’ve suggested other approaches might better meet the objective of clearing the backlog:
In our response, we also raise concerns around:
> Read our press release > Read the COH proposals (PDF 617 KB) Probate user group meeting We hosted our monthly probate service user group meeting with HMCTS and other key stakeholders. Our discussion focused on the extension of the grace period for the use of paper-based probate applications until Monday 11 January 2021 as well as the current issues with the service and how HMCTS are addressing these. > Read our summary Regulation 2020 NRA of Money Laundering and Terrorist Financing After many months of anticipation the 2020 National Risk Assessment (NRA) of money laundering and terrorist financing was published yesterday by HM Treasury and the Home Office. This is the 3rd NRA following 2015 and 2017 publications. Whilst containing nothing unexpected around the risk and threats, there is a significant and positive change from the previously general negative narrative and rhetoric from the 2015 and 2017 NRA, and labelling of the legal profession, notably solicitors, as “professional enablers”. For the legal profession the risk scores remain unchanged with money laundering remaining 'high' and for terrorist financing categorised as 'low'. Legal service providers offer a wide range of services, of which the most at risk of exploitation by criminals and corrupt elites for money laundering purposes continue to be around conveyancing, trust and company services and client accounts (shame litigations and fraudulent investments schemes being highlighted). Whilst there have been significant improvements in the capacity and capability of the legal sector supervisors, with changes to the Money Laundering Regulations boosting capability to tackle non-compliance, the main non-compliance trends by legal service providers highlighted are: failure to apply customer due diligence to all clients involved in further transactions; and a failure to conduct 'ongoing monitoring of a business relationship' by scrutinising transactions and source of funds in compliance with the regulations. This increases the risk of legal services being exploited by criminals as there are insufficient controls in place. The low level of Suspicious Activity Reporting (SARs) from the legal sector is also subject of continued comment, however it acknowledges the work by the sector and supervisors in engaging with UKFIU to improve quality and reporting levels. Diversity & Inclusion Easy wins and action points for disability inclusion In this resource for large organisations within the legal sector, we share recommendations on how to improve disability inclusion in your workplace. It includes a number of questions to keep in mind when designing policies, practical tips on starting initiatives to better support disabled staff and details a number of easy considerations and adjustments you can make for a more disability inclusive future. Download the resource: https://www.lawsociety.org.uk/topics/lawyers-with-disabilities/easy-wins-and-action-points-for-disability-inclusion Senior leaders must lead the way for disability inclusion As part of our ongoing Disability History Month content, we’ve worked with Legally Disabled to produce tips for senior leaders for creating more disability inclusive working environments. Read the tips Mark Blois, member of our Lawyers with Disabilities Division and partner at Browne Jacobson, joins us for an interview about his journey as a disabled senior leader and shares advice for fellow leaders in the profession. Read the interview Improve race inclusion in your organisation To complement the launch of our research into the career experiences of Black, Asian and Minority Ethnic solicitors, we have produced an inclusion toolkit offering practical steps to improve the culture in your organisation. In conjunction, we have also produced a terminology guide exploring the various terms used in conversations on race and ethnicity. Read the toolkit Read the terminology guide Update from our Brussels office On 15 December, Helena Raulus spoke on Brexit and civil judicial cooperation with Hugh Mercer for the ALPS. On 16 December, Helena Raulus, head of office spoke on Brexit for the Law Society of Scotland, webinar organised by Shepherd and Weddeburn. On 17 December, Rita Giannini, EU policy adviser spoke at the annual Conference “Carlo Cafiero” organised by the Naples Bar and the main theme was 'Brexit - and now?' Consequences for British and non-British lawyers. Our work internationally Establishing in the UAE On Tuesday 15 December the Law Society and the Ministry of Justice co-hosted a webinar to assist SME firms and to understand how to grow their market share in the UAE. The UK exported over £126 million in legal services to the UAE in 2018 (ONS data), making it our 11th largest global legal services export market. There are over 40 UK law firms based in the UAE with an estimated 900+ English & Welsh, and 70+ Scottish solicitors. This webinar had over 40 people attend and provided an opportunity for small and medium-sized law firms wishing to gain a commercial presence to gain a better understanding from experienced lawyers who have an established presence in the UAE, as well as key government officials who are based there. Economic Development Forum Legal Services Working Group meeting On 08 December the first Legal Services Working Group meeting organised jointly by the UK Department of International Trade and Nigerian Ministry of Industry Trade and Investment was held and co-chaired by Helen Grant MP. It was set up following the Fourth Economic Development Forum between Nigeria and the UK and the group will meet over the coming months to discuss collaboration between the Nigerian and UK legal services. I, along with policy adviser Alexandra Squires-McCarthy, attended on behalf of the Law Society as well as four of our members. The president of the Nigerian Bar Association also attended as well as four members of the Nigerian bar Association. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, David David Greene President The Law Society, 113 Chancery Lane, London. WC2A 1P NEW REPORT & RECORDED EVENT: Race for inclusion: the experiences of Black, Asian and minority ethnic solicitors
During 2020 the Ethnic Minority Lawyers Division (EMLD) has been working with us on research to understand the experiences of Black and ethnic minority solicitors at different points in their careers. Through desk research, an exploration of the data and a series of virtual roundtable discussions with solicitors and recruiters, we've identified and examined challenges around key career stages. You can read our key findings and recommendations on our webpage. Download the full report Download the report summary infographic On 9 December 2020, an event was held to launch the findings of the report. peakers included:
The full recording of the event can be viewed on YouTube and the slides from DJS research can be viewed here. 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. Website Our new website and the new My LS are now live. Please register to see content tailored to your practice and interests. Thanks to all members who have fed back during development. Feedback is still welcome. Registering with My LS will also help you understand the benefit to your constituents. Find a Solicitor Service Whilst the Law Society is not able to give legal advice, if you have a client who needs advice in a practice area other than your own, our Find a Solicitor service is available to help them find a legal professional who can help. They can use the service by visiting solicitors.lawsociety.org.uk or by calling 020 7320 5650. We have been in the media this week to promote the role and value of the profession in these difficult times This week, as part of my inauguration interviews, I was featured in the Guardian talking about the issues facing solicitors, including rhetoric from the government denigrating “lefty human rights lawyers”. “These are lawyers doing their job, whether it’s in immigration or criminal defence work. They are upholding the law as it stands. Yet they are being criticised,” said David Greene. “We are in a febrile climate. We have huge uncertainties brought about by Covid-19. There is the added uncertainty over Brexit. We have to go back to basics: rule of law, access to justice and independence of the judiciary.” I also spoke to Sky Business about how the legal services sector is preparing for Brexit and why the government must avoid rhetoric which blames immigration lawyers for simply doing their jobs. And to the Times (£) about the issues facing solicitors, including rhetoric from the government denigrating “lefty human rights lawyers”. “Politicians should be careful in their words when in this particular atmosphere and have to avoid the rhetoric of blaming lawyers when solicitors and barristers are simply doing their jobs,” said David Greene. Also covered by Scottish Legal News. The Gazette reported on solicitor members of the Law Society being given the chance to vote on reforms of the organisation. Proposed reforms, passed at this week’s AGM – live streamed for the first time - included limiting council members’ tenures to 12 years and reducing the number of geographical constituencies. Legal Futures covered the same story. I’m quoted: “By this proposal the number of geographical seats will be reduced while increasing seats for others including in-house lawyers, junior lawyers and women. “In line with the democratic decision of the AGM we will now move quickly to enable members to vote on this important issue.” Solicitors Journal (£) and New Law Journal also ran stories about my inauguration. The Guardian covered lawyers’ claims that a threatened knife attack against an immigration solicitor was inspired by the government’s rhetoric. Outgoing Law Society president Simon Davis said: “We are monitoring the situation closely and urge both government and media to be mindful of the rhetoric they employ. The role of solicitors is to apply and uphold the laws set down by parliament and they have a right to do so on behalf of their clients without intimidation.” The Gazette, Independent, Irish Legal News, MSN, Yahoo News, World News, covered the same story. Articles note pressure is growing on government to apologise for the language that has been employed by ministers denouncing lawyers. Mickaël Laurans, our head of international, spoke with Asian Legal Business about the UK’s relationship with the Asia-Pacific upon our exit from the EU in January. “The UK has strong historical, cultural and economic links with the region which are buttressed by the English language and the role English law plays in international commercial transactions. Asia is and will remain a priority for both the UK government and the Law Society in its international work,” he said. City A.M, Personnel Today, Independent and MSN reported that a House of Lords’ EU services subcommittee report found that the UK’s accountants, recruiters, architects, advertisers and lawyers are at risk of losing contracts and jobs when Britain formally leaves the EU in January. New Law Journal provided new information on the backlog of cases in England’s Magistrates and Crown Courts. HM Courts and Tribunal figures from September found that there are 509,347 outstanding cases in the Magistrates Courts and 48,713 in the Crown Court. Simon Davis said: “The latest figures bear out our warning that after years of underfunding and cuts, there was already a significant backlog in the criminal courts, which has been exacerbated by the Covid-19 pandemic.” The Gazette reported courts and tribunals service has people with coronavirus symptoms not to come to court despite acknowledging that the law permits people in England to break self-isolation rules. Also in the Gazette reports trials are being listed for 2022 as the Crown court backlog soars towards 50,000. Simon Davis said: “Justice is being delayed for victims, witnesses and defendants, who have proceedings hanging over them for months, if not years, with some trials now being listed for 2022.” Further coverage of the Crown court backlogs in the Hampshire Chronicle and Andover Advertiser. Legal Futures and Today’s Wills & Probate reported on the launch of our LawTech, ethics and rule of law discussion paper, which seeks views on the ethical considerations solicitors and firms have in designing or procuring LawTech solutions. I said: “Behaving ethically is at the heart of what it means to be a solicitor, and, as we rely ever more on technology in our day-to-day business, this paper will seek views on whether lawtech principles will benefit the legal sector.” Central Housing Group detailed our view that eviction proceedings are in need of wider reform, a month after the stay on evictions was lifted after six months in response to Covid-19. Simon Davis said: “It is unacceptable that, in the face of a pandemic and difficult economic prospects, tenants are being left without representation during possession proceedings.” The Daily Mail covered what to include in your will and cites our find a solicitor service. Public Law Today reported our view that the Independent Review of Administrative Law must protect the six fundamental principles of judicial review. Law360 (£), the Solicitors Journal (£), Practice Source, Today’s Conveyancer, the Gazette, LexisPSL Risk and Compliance (£) LexisLibrary Profession and Ethics (£) and Australasian Lawyer reported our response to a government consultation on the proposed economic crime levy, which will help fund the tackle against money laundering. Simon Davis said that the levy is a special tax on the profession, nothing: “Further increasing the costs of doing business impacts the competitiveness of the UK legal sector, and the willingness of law firms to invest in the UK. “This is compounded by the Covid-19 pandemic, which has seen large parts of the profession take measures to keep their firms running, while simultaneously preparing for the end of the Brexit transition.” Regulation This week the Law Society submitted our response to the government consultation on the economic crime levy. Whilst the legal profession has a strong interest in a successful, effective and proportionate anti-money laundering regime, we strongly opposed the imposition of the levy warning that such a levy could be harmful to the profession and would represent an additional tax. In our response, we argued that in the event the levy is imposed:
Click here to view our full response. Justice Remote hearings in the family justice system – consultation response We’ve responded to the Nuffield Family Justice Observatory's (NFJO) rapid consultation on remote and hybrid hearings in the family justice system. They are continuing their work to support a system-wide understanding of how family justice practices have been shaped by COVID-19 – how approaches have changed, where this has resulted in positive practice innovation and what challenges and difficulties have emerged. We reiterate the point made in our response to the NFJO’s initial consultation: that access to justice must be preserved and the rule of law upheld. As the rate of infections continues to increase across England and Wales and the safety implications connected with conducting face-to-face hearings remain significant, we still believe proceeding with remote hearings is usually better than delaying them. However, decisions need to be made on a case by case basis, weighing the importance and urgency of the issue against the suitability of proceeding remotely. This must take into account the nature of the hearing and any vulnerabilities of the parties. Read more here: https://www.lawsociety.org.uk/campaigns/consultation-responses/remote-hearings-in-the-family-justice-system-rapid-consultation-the-law-society-response Update to the non-contentious probate rules: mandating online professional applications Last month we responded to the government’s consultation on non-contentious probate: mandating online professional applications in which we stated that we agree in principle with making online applications compulsory for all professional applications. However, due to solicitors experiencing teething problems with the new system HMCTS must ensure that issues are resolved and the system is fit for purpose before it is fully rolled out and the new rules come into force. The government has published its response and has decided to:
Read more here: https://www.lawsociety.org.uk/campaigns/court-reform/news/update-to-the-non-contentious-probate-rules-mandating-online-professional-applications Lawtech, Ethics and The Rule of Law We published our Lawtech, Ethics and The Rule of Law discussion paper this week. Earlier this year, we conducted a series of 30 interviews with law firms, sole practitioners and alternative business structures to understand how lawtech solutions are designed, developed, used and/or procured and the ethical considerations that come into play throughout this process. We welcome the views of solicitors, law firms, lawtech companies and any other stakeholders that are part of or affected by the lawtech sector. Responses to the paper are requested by email to parliamentary@lawsociety.org.uk by 17 November 2020. An expert group will examine the findings and a report with recommendations will be published shortly afterwards. Public Law Mental Health Throughout the pandemic, the Law Society has been calling for the removal of the Coronavirus Act provisions which weaken the Mental Health Act, and have not been used in England or Wales. The government confirmed it will drop these provisions, which we have published an update of on our website. We also published a blog post this week, to assist members in making financial deputyship applications to the Court of Protection and avoid potential delays. Parliamentary On Thursday we celebrated my inauguration as president. I gave a speech outlining my priorities for this year before being interviewed by Clive Coleman, BBC legal affairs correspondent. This was followed by messages of congratulation and support from the lord chancellor, who spoke about the negative rhetoric towards lawyers, and the lord chief justice who spoke about the importance of the rule of law and court reform. My speech can be read here and the lord chancellor’s speech will be available shortly on the website. Diversity & Inclusion Survey – Career experiences of BAME lawyers We have been working with the Ethnic Minority Lawyers Division on a programme of research on the career experiences of black, Asian and minority ethnic lawyers. Following a series of roundtables held earlier this year, we have launched a sector wide survey to capture obstacles and opportunities of a wider group, examine the challenges identified through the roundtables and collect views on how these challenges can be collectively addressed. Please take 5 minutes to complete the survey before 23 October 2020. Take the survey. The future is disability inclusion Join us on Monday 2 November from 12:30 - 14:00 for the launch of the Legally Disabled survey findings on the impact of Covid-19 on the professional lives of disabled lawyers. This is a chance for individuals and organisations interested in improving disability inclusion to learn what has worked and what has not during the pandemic, and what could be done better in the future. Book your place Fiona Woolf lecture Our annual Fiona Woolf lecture will be taking place virtually this year on Thursday 19 November. As always, we will be celebrating the achievements of Dame Fiona Woolf and other inspirational women who have reached senior positions within the sector. We will be focusing on the positive contribution made by women in the profession and how both intersectionality and diversity enhances organisations and the legal profession. Book your place Update from our Brussels Office
Finally, can I pay tribute to the longest serving President in the Society's long history, Simon Davis who was outstanding in his and the Society's response to the pandemic and all that it threw at the profession and public. It is an honour to follow in his footsteps. I express the gratitude of the profession when I say "Thank you Simon for all you have done!" As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, David David Greene President The Law Society, 113 Chancery Lane, London. WC2A 1P |
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