PADLS News

The future of post six-year run-off cover and the Solicitors Indemnity Fund

6/12/2021

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/

Your weekly Law Society update 2 March 2021

8/3/2021

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

Your weekly Law Society update 8 February 2021

8/2/2021

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

Your weekly Law Society update 25 January 2021

29/1/2021

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:

Recent engagement with UKMIS and the British Embassy in Belgium over concerns relating to the expiry of the transitional period. Advice was provided in relation to Belgian residency, mobility arrangements for UK nationals and how UK firms can facilitate traineeship programmes.
Law Society analysis of the UK-EU Trade and Cooperation Agreement in particular relating to trade in legal services but also wider policy areas such as competition/Level Playing Field.
The End of Transition Guidance and related series of webinars which are being delivered to provide members with further practical support in certain fields.
Wider political developments, including continued lobbying to approve the UK application to join the Lugano Convention within the one year timeframe.
How the Brussels Advisory Group can in future feed into EU policy proposals which impact on the UK, such as the White Paper on Foreign Subsidies which would affect UK firms looking to complete an EU M&A or public procurement bid.

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:

Mental Wellbeing
Social Mobility
Gender
Disability
LGBT+
Religion
Age
Race and Ethnicity

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

Sylvia Cundell - New Year's Honours

11/1/2021

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!

Your weekly Law Society update 21 December 2020

22/12/2020

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:

I spoke at the valedictory ceremony of outgoing Master of the Rolls, Sir Terence Etherton, alongside the lord chief justice and a representative of the Bar. In a moving speech Sir Terence described the discrimination he had suffered as an openly gay applicant for the judiciary but the strides that had been made since in seeking to create a diverse judiciary. I thanked Sir Terence for his work in reforms of civil justice, with a focus on those encountering the justice system, and for his work with the profession.
I also spoke at the UIA Open Forum for Bar Leaders along with the Chair of the Board discussing public legal education.

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:

Make proper and full use of existing judges and courts, added to by part time judges and court space.
Before looking at COH, the MoJ must ensure it is making maximum use of normal court hours, with no restrictions on judges sitting while there are court rooms (real, virtual or Nightingale) available where they could be working.
Using unused public buildings – including buildings which have been closed but remain unsold – as Nightingale courts.

In our response, we also raise concerns around:

The potential for discrimination to members with caring responsibilities
Travel issues
Insufficient data to support a further rollout of COH
The inadequacy of the consultation timeframe
Lack of transparency around the duration of the proposals

> Read our response
> 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

Law Society update from London and South East - Race for inclusion report

22/12/2020

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:

Rt. Hon. David Lammy MP
I. Stephanie Boyce, vice president of the Law Society
Jonathan Achampong, Wedlake Bell

The full recording of the event can be viewed on YouTube and the slides from DJS research can be viewed here.

Your weekly Law Society update 19 October 2020

20/10/2020

it would be more appropriately calculated through a model based suspicious activity reports (SARs);
it should include an exemption for small firms with a revenue of under £10.2 million a year; and
be based, if a revenue model is used, on AML regulated related activity only.

The consultation is now closed and we expect the government to announce the outcomes of the consultation in the first quarter of 2021. In the meantime, we continue to engage with stakeholders, government officials and ministers to ensure our position is well understood.
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:

Mandate the use of the online service for grants of probate applications by professional users, with a number of exceptions for more specialised applications
Continue to allow professional user applications for grants of letters of administration to be made via either the online process or the traditional method of applying to a Registry.

The new rules come into force on 2 November 2020. However there will be a grace period until 30 November 2020 when paper applications will still be accepted. The Law Society continues to host the probate service user group meetings with HMCTS and we will follow up the concerns we have highlighted on the rules in relation to cases involving powers of attorney.
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

On 13 October, Helena Raulus, head of office along with Evanna Fruithof, Bar Council of England & Wales met with Sujeevan Satheesan and Sasha Trevelyan from UKMIS to discuss the state of play in the UK – EU negotiations.
On 13 October, Helena Raulus spoke at the British Chamber of Commerce webinar on Lugano on the consequences of not having a solution to the recognition and enforcement of judgments for businesses and consumers.
On 14 October, the Brussels office hosted a webinar on the impact of Covid-19 on trade in services. Panellists were: Hosuk Lee-Makiyama, director, European Centre for International Political Economy (ECIPE); Alexandra Cardenas, head of public affairs, COVID-19 content manager & LawTech lead at the Law Society of England & Wales and Martin Roy, counsellor in the Trade in Services Division, World Trade Organization (WTO). Anna Drozd, EU policy adviser moderated the discussion.
On 15 October, Helena Raulus spoke at the Simmons & Simmons Autumn legal update for their clients on the Law Society work on recognition and enforcement of judgments in civil and commercial matters.

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

Follow-up from LLS calls with Simon Davis (5 & 8 October 2020)

19/10/2020

Dear all,

Thank you for joining us in our recent roundtables with Simon Davis. As mentioned, all your feedback is incredibly valuable and helps us shape our priorities and direction. I have fed back all insights from the sessions to the relevant areas of the business, and shall keep in touch with any updates.

I thought it would be useful to highlight the key areas that were raised in each session, along with the latest information/ updates we have:

Reset, Resilience and Recovery
Our rebranded campaign aims to support solicitors and firms to reset their practices to best serve their clients – whether working remotely or from the office; helping solicitors and firms to increase business resilience; and empowering solicitors and firms to drive the recovery after coronavirus.

A few key pieces of guidance:

Latest webinars

Becoming a virtual or dispersed firm post-lockdown
Our Head of Risk and Compliance, Pearl Moses, has recently recorded a webinar on virtual supervisions

Courts
HMCTS is investing £1 billion in its 7 year reform programme to modernise the courts and tribunals system and digitise services. We agree that a modernised court service would be of benefit to all users, but that it must not come at the expense of justice. We’re engaging with HMCTS to ensure our members’ and their clients’ needs are considered, and we’re helping our members to understand and adapt to the changes.

In March, we worked with the MoJ and HMTS to keep courts running effectively during covid-19, using technology wherever possible. In April, we published an interactive heatmap showing the building status of courts and tribunals in England and Wales during the pandemic. In May, we responded to the Civil Justice Council’s rapid consultation on the impact of covid-19 measures on the civil justice system and welcomed the reopening of 4 Crown Courts to resume jury trials.

We will continue to liaise with stakeholders such as the MoJ, Home Office, Prisons Service, HMCTS and the LAA to ensure that the best safety measures are in place for solicitors who have to attend clients in environments such as police stations, courts, prisons, hospitals and care homes.

We also have some updated guidance on keeping members safe in court and prepared for potential lockdowns and an interactive map showing the status of Nightingale Courts.

There is also more information about Cloud Video Platform (CVP) for video hearings, how to use this and compatible browsers here.

Closure of SIF
After successfully persuading the SRA to postpone the closure of SIF for a year, the Law Society is working with the regulator and leading brokers and underwriters in the insurance industry to find workable solutions for the provision of post six year run-off cover (PSYROC). Firms that are currently in run-off or considering closure should contact their broker to see if they can arrange for cover to be extended beyond the mandatory six years. Research produced for the SRA suggests around 12 percent of claims occur more than six years after firms have closed.

Tech: Safely delivering legal services online
We’ve published resources to help members delivering legal services during the pandemic:

Do let me know if there’s anything I may have missed, or any areas where you would like further information and I shall happily send this through.

All the best,

Beth

Beth Quinn (She/Her)
Relationship Management Executive – London, South East, East
The Law Society, 113 Chancery Lane, London WC2A 1PL
Tel: 020 8049 3755 / 07791161328
www.lawsociety.org.uk / @LSLondonandSE

The Law Society of England & Wales - AGM (Wed 14th October 2020 at 2:30pm)

7/10/2020

Dear Members of The Law Society,

Please can I draw your attention to the AGM of The Law Society of England & Wales (“TLS”), which will be held online at 2:30pm on Wednesday 14th October. This will be an important meeting, because in addition to approving the Annual Report and the Annual Accounts (uncontroversial) the AGM will also consider two Resolutions for the reform of TLS Council.

Here is a link to the relevant part of TLS website for the AGM Notice and relevant documents: https://www.lawsociety.org.uk/topics/news-articles/annual-general-meeting-notice-october-2020

Resolutions 1 and 2

Approval of the Annual Report and the Annual Accounts.

Resolution 3

At a meeting of TLS Council on 8th September 2020, a proposal for the reform of Council was approved. It is now for the membership to consider whether to accept or reject the proposal at the AGM.

The broad thrust of the reforms is to reduce substantially the number of geographical seats and increase the number of seats representing Practice Sectors (e.g. Civil Litigation and Major Corporate (firms with a t/o of more than £35M)) and specific Characteristics (e.g. Women Lawyers and Junior Lawyers (up to 6 years PQE)).

As part of the reforms, the geographical constituency of Bedfordshire and Cambridgeshire, which I represent, will be replaced by Cambridgeshire (including Peterborough) and Hertfordshire and Bedfordshire.

I voted in favour of the reforms at the Council meeting, but you should of course make up your own minds.

Resolution 4

30 members of TLS (including some members of Council) have put forward a resolution, the principal purpose of which is to restrict members of Council to a maximum term of 12 years.

This would be a very significant reform, because the current position is that Council members are subject to elections every 4 years, but there is no maximum period for remaining on Council.

Registering your attendance

This is mandatory. If you do not register, you cannot attend the AGM. In order to register, you must complete an online form (including your SRA Number). You will have received a link from TLS to do this. But if you haven’t, you can email them for a registration form AGM2020@lawsociety.org.uk.

I hope you attend the AGM.

Warm wishes,

Michael

Cambridgeshire Law Society
C/O Chequers House, 77–81 Newmarket Road, Cambridge,CB5 8EU
Email: admin@cambslaw.com
Mobile: 07846 093035

Twitter: @cambslaw
Facebook: @cambslawsoc
Instagram: cambslawsoc

www.cambslaw.com

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