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:

• 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

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.

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:
 

• 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

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:
 

• Practical framework on return to the office
• Blueprint for law firms and solicitors facing local lockdowns
• Guidance on managing in a recession
• Making remote working permanent, setting up as a virtual/dispersed firm or joining an existing virtual firm

 
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:
 

• Protecting your firm if you fall victim to a scam practice note
• Supporting firms to be cyberaware: a series of short bitesize videos on how you can keep you and your clients cyber-safe
• Cybersecurity for solicitors
• Coronavirus and data protection
• Cybersecurity when working from home
• Delivering legal services online podcast
• Cloud computing practice note

 
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
 

​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                                     
                           
 
 
 

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.

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

Following our statement condemning attacks on the integrity of the legal profession, the Home Office removed communications that referred to immigration lawyers who provide legal advice to migrants as ‘activist lawyers’.
 
The BBC reported our intervention, and the subsequent Home Office U-turn.
 
There was widespread media coverage of our successful intervention, including in the:
·       Financial Times (£)
·       Times (£)
·       Daily Mail
·       Evening Standard
·       Guardian
·       Gazette
·       Daily Mirror
·       Independent
·       164 regional newspapers
 
I spoke about the issue on BBC Radio 4 (19m 18s), on BBC London (02:08:00).
and on BBC South East television.
 
“To describe lawyers who are upholding the law as ‘activist lawyers’ is misleading and dangerous,” I said.
 
Our statement was also widely shared on social media.
 
The Guardian reported the criminal justice system is under pressure from three sides, with long-term underfunding leading to a shortage of defence lawyers, the end of the furlough scheme leaving firms facing renewed financial concerns, and a backlog of trials due to the coronavirus pandemic.
 
I said: “A profession which was already perilously underfunded before the pandemic – with defence firms sinking at alarming rate – has been plunged into even choppier waters by Covid-19.
 
“We believe it is inappropriate to make drastic cuts to standard monthly payments at a time when many criminal legal aid firms are hanging on for survival and defence solicitors are needed more than ever, given the huge backlog in criminal cases.”
 
The final two of the ten Nightingale courts opening is covered in the New Law Journal.
 
Welcoming the news, I said: “Investing in legal aid for early advice and legal representation would help to nip problems in the bud before they escalate and reduce the need for cases to go to court.”
 
The Gazette reported HM Courts & Tribunals Service (HMCTS) has revealed that nearly 200 courtrooms and 59 retiring rooms will be installed with plexiglass screens by the end of October.
 
I am quoted: “It is essential that HMCTS maximises the use of physical court space in a way that minimises the risk to court users. These measures appear to be a good method of increasing court usage safely within normal court hours.”
 
New Law Journal reported the Legal Aid Agency has extended the 2017 Standard Crime Contract until 31 March 2022.
 
I described the decision to extend as “sensible”, adding: “Beleaguered firms will be relieved not to have to cope with an imminent tender process on top of the great physical and financial strain they are already under, on call to police stations at all hours and with swathes of solicitors on furlough.”
 
The Gazette reported the Law Society has lodged a judicial review against the Legal Aid Agency (LAA) after they failed to consult properly around a decision to move legal aid cost assessments in-house.
 
“Cost assessments are vital in ensuring that when legal aid practitioners send a bill it is carefully scrutinised and they are properly paid for their work,” I said.
 
The Gazette reported jailed Turkish lawyer Ebru Timtik has died just weeks after international bar bodies warned of her deteriorating condition on hunger strike.
 
Timtik had been sentenced to 13 years and six months in prison on terrorism offences following a trial described as unfair by local and international bar associations. Earlier this month global legal bodies including the International Bar Association, the Law Society of England and Wales and Netherlands-based Lawyers for Lawyers expressed their concern about her treatment. 
 
I joined with others to write a letter to the Independent about protests in Belarus.
 
“The independence of the legal profession is of the upmost importance in upholding the rule of law,” we said.
 
The Gazette reports that the legal profession must be more open about women experiencing the menopause at work, in guidance to mark Menopause Awareness Month.
 
I said: “Firms and legal businesses should try to create a culture which encourages openness, where those experiencing the menopause feel comfortable asking for the help they need to manage their symptoms.”
 
Also in Law.com international (£) and Legal Futures.
Lorraine Robinson, head of legal at Farewill and co-chair of our wills committee, talked to the Financial Times (£) about video witnessing of wills.
 
“This is a step in the direction of a more modern approach to witnessing wills – many of the laws are outdated and archaic,” she said.
 
The lawyer arm of Extinction Rebellion delivered letters to the Solicitors Regulation Authority, Bar Council and Law Society yesterday asking them to back the Climate and Ecological Emergency Bill, reports the Times (£).  Also covered in Legal Futures.
 
The Solicitors Journal reported that the SRA has identified human error as the biggest cyber risk to firms. “By taking issues like cybersecurity seriously, we ensure the public can continue to have the highest confidence in the profession,” I said.
 
Law360 (£), Legal Futures, Lexis PSL Insurance and Reinsurance (£) and Lexis Library Health Law (£) report that the International Underwriting Association has warned the legal sector that professional indemnity insurance (PII) could become unsustainable if underwriters aren’t given more freedom to cancel policies.
 
I said: “The Law Society understands the concerns of insurers and is sympathetic towards their request, but is mindful that the primary purpose of professional indemnity insurance (PII) is to protect solicitors' clients and the wider public.”
 
Amandeep Khasriya, a member of our women lawyers division, wrote for the New Law Journal that on the 50th anniversary of the Equal Pay Act, we must look to the future and understand the need for change, with the legal profession needing action, not promises.
 
I wrote in the Gazette about the Law Society Return, Restart, Recovery campaign to place solicitors within the wider context of the pandemic and discusses what is needed from HM Treasury to help the legal sector support the wider economic recovery.
 
Find out more about our inaugural virtual technology conference from 22 to 23 September.
 
The Epoch Times covered the reported legal aid costs in the trial over the death of PC Andrew Harper. I said: “An important pillar of our criminal justice system is that anyone accused of a crime is entitled to a fair trial and for that to happened they need access to a proper defence. To preserve access to justice and the rule of law, legal representation must be available to those without the means to provide it.”
 
Richard Atkinson, co-chair of our criminal law committee told the Telegraph (£) that if any of those convicted in the case is granted permission to appeal, they would be entitled to access legal aid.
 
“It is for a judge to decide whether there is merit in the appeal, and if they believe there is, they will grant access to legal aid funds but if there’s no merit in the appeal, he will not only refuse permission to appeal, but also refuse access to legal aid,” he said.
 
News that tenants in England facing eviction have been granted a notice period extension from three months to six months in new government legislation was covered by the Birmingham Mail, Landlord Zone, Property Wire and Landlord Today.
 
I said: “This notice period extension will provide relief for those tenants facing eviction, and will give vulnerable tenants the time they need to seek help and find a new place to live.”

Public Law

Family 
Last week we responded to a stakeholder consultation from the Family Procedure Rules Committee on enforcing family financial orders. The consultation looked at some proposals for changes to the Family Procedure Rules and were principally aimed at making the procedure for the General Enforcement Application clearer and more effective. The response was compiled with assistance from the Family Law Committee.

Parliamentary
 
Act for justice and #WriteToRishi
 
It is vital that chancellor Rishi Sunak hears your voice for justice.
 
Justice spending has been falling for nearly a decade and has not been prioritised by government. Coronavirus and the lockdown have made the situation worse, the queue of criminal cases in the magistrates courts is over 500,000 and in the crown courts it exceeds 40,000. This is placing further strain on the system, with the most vulnerable struggling to get their cases heard.
 
This spending review is a once in a generation opportunity for our justice system.
We are calling on all solicitors to write to the chancellor to ensure that our justice system and legal services sector is equipped with the funding it needs to face the challenges of the future.
 
Use this quick and easy tool which takes just two minutes to complete.
  
Private International Law Bill second reading
 
Yesterday the Private International Law (Implementation of Agreements) Bill passed its second reading in the House of Commons. The Law Society was mentioned twice by Sir Bob Neill MP, the Chair of the Justice Select Committee.
 
Neill argued that acceding to the Lugano Convention would be a step forward. He acknowledged there was debate in the Lords on sequencing of Lugano and the Hague 2019 Convention, but said that he was “persuaded by the evidence that we have heard over the years and the arguments made by the Law Society of England and Wales…that the more important thing is not to have any gap in the recognition and enforcement of judgments and recognition of international public clauses.” He went on to say that this is why “the Law Society favours pressing ahead with entry to Lugano as soon as we can” and restating his agreement.
 
Also discussed were parliamentary scrutiny, family law co-operation, and the devolved legislatures.
 
Diversity and Inclusion
 
Virtual D&I Conference – Master of the Rolls to speak
Join us and Leeds Law Society in keeping D&I at the forefront of the conversation.
 
We are hosting six virtual events, focused on a variety of topics, where we’ll be joined by esteemed speakers sharing best practice and talking through the challenges faced by individuals within the profession.
 
Come and be a part of the discussion.

• Social Mobility: Tuesday 15 September 5pm - 7pm
• Mental Health and Wellbeing: Thursday 17 September 5pm - 7pm
• Gender: Tuesday 22 September 5pm - 7pm
• Disability: Thursday 24 September 5pm - 7pm
• LGBT+: Tuesday 29 September 5pm - 7pm
• Race and Ethnicity: Thursday 1 October 5pm - 7pm

  
The Master of the Rolls, Sir Terence Etherton, has now been added to the already impressive list of speakers.
 
Virtual President and Secretaries Conference

Join us on the 23 September 9am-12pm for an interactive and informative morning for Local Law Society representatives. You will hear from all three office holders, our Public Affairs team, our Diversity and Inclusion team and other Local Law Society representatives. Please contact your local Relationship Manager for further information, or email LLSconference@lawsociety.org.uk
 
As always, please feel free to share this update with your constituents.

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

Dear colleague,

Your weekly Law Society update

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

We have been in the media this week to promote the role and value of the profession in these difficult times
 
The Gazette, Inside Conveyancing, Property Week, Connect East Midlands and the Commercial Property Hub reported that the Business and Property Court is on the brink of major technological change, as 85% of business and property cases have been handled remotely since March.
 
I am quoted saying: “When the UK lockdown began, the business and property courts quickly moved from physical to virtual hearings, showing that our system adapts creatively to meet the needs of businesses at home and overseas."
 
Meanwhile Today’s Conveyancer and Today’s Wills & Probate reported that, as a result of the coronavirus pandemic, the profession has begun to embrace technology and has been utilising software such as Microsoft Teams and Skype, while deeds are being dealt with electronically and wills can be witnessed by video.
 
“As we enter this new phase of the response to the coronavirus, with government beginning to lift some restrictions, it is clear that technology will play a vital role in driving the post-coronavirus recover across all sectors of the economy, including legal services,” I said.
 
The Gazette reported that four more Nightingale courts have opened this week in Hertfordshire, Middlesbrough, Swansea and Telford.
 
While we are pleased to see more courts open, I said: “We believe the government can avoid extended hours and build court capacity to clear the backlog by efficiently using unused public buildings – including court buildings which have been closed but have remained unsold – as Nightingale courts.”
 
The Times (£) meanwhile had a report on disquiet in the profession over extended court hours.
 
I said: “Extended hours are not the right approach to tackling the backlogs in the courts because of the significant impact they would have on court users, legal practitioners and how our justice system functions.”
 
The Gazette, Solicitors Journal and Legal Futures cover the issue of whether legal professionals should be permitted to break quarantine to attend hearings and tribunals.
 
I said: “Allowing lawyers to break quarantine to attend hearings will increase the risk of COVID-19 transmission and pose a significant danger to court users – particularly from those who may attend court unaware they are an asymptomatic carrier.”
 
The Solicitors Journal reported the Solicitors Regulation Authority’s (SRA) warning to the profession to be vigilant when advising on investment schemes.
 
I welcomed the renewed warning to solicitors and said: “Concerns about fraudulent investment schemes were a significant motivation behind the SRA's recent decision to reform the Compensation Fund… and – because the Compensation Fund is paid for by a levy on SRA-regulated firms and individuals – place a considerable burden on the profession as a whole.”
 
Litigation Futures, Lexis PSL Information Law (£), Lexis PSL Brexit (£) and LexisLibrary Constitutional Law (£) reported the Law Society’s warning of “legal havoc” if the High Court, Court of Appeal and Supreme Court are allowed to depart from EU case law after the Brexit transition period.
 
The Gazette carried my opinion piece on the Law Society’s contribution to UK trade negotiations. Specifically, we submitted that the government should commit to being at least as transparent and consultative on trade matters as the European Commission.
 
I noted we also “argued that all trade discussions must go hand in hand with negotiations on continued market access for professional services. Comprehensive stakeholder involvement goes a long way to addressing the concerns around FTA discussions”.
 
The UK in a changing Europe discusses the challenges for professional services’ market access post-Brexit, citing evidence provided by head of international at the Law Society, Mickael Laurans to Parliament’s International Trade Committee that legal professionals could end up facing 31 different regulatory regimes across Europe if market access for professional services is not integrated into negotiations.
 
Max Winthrop, chair of our employment law committee, spoke with BBC Radio Northampton (from 3:12:04) about the recent news that 300 employees had tested positive for Covid-19 at Greencore in Northampton, where he provided a legal explainer on what rights employees have if they are forced to self-isolate and whether they are entitled to Statutory Sick Pay
Gary Rycroft, chair of the Law Society’s digital assets working group, spoke with Talk Radio (starts from 03:13 in the 16:30 – 17:00 time slot) and LBC about people’s consumer rights if travelling or returning from France and other countries which now have quarantine rules.
 
Money Saving Expert meanwhile covered people’s rights if they need to reschedule or cancel their holiday and signposts our Find a Solicitor service.
 
Melinda Giles, a member of our wills and equity committee, spoke to BBC Radio Solent (starts from 14:42) about how having a dedicated home office might leave people liable to capital gains tax if they sell up.
 
The Independent reported that vigilante attacks could be on the rise if people lose trust in the criminal justice system. Richard Atkinson, co-chair of our criminal law committee, said: “There is a real risk that if the justice system will be so severely undermined, people may start to decide there is no point reporting matters and they should deal with them in another way themselves.”
 
The Gazette reported that fixed recoverable costs could have a devastating effect on housing legal aid. In our consultation response to the Ministry of Justice’s consultation, the Law Society said: “Whilst some forms of housing disrepair cases can be relatively straightforward, many cases arise by way of counterclaim in possession proceedings and the issues become far more complex.”
 
Regulation
 
We met with the CMA as part of our ongoing engagement on their look into remedies. This follows their review of legal services in 2016. The CMA confirmed that they will be going ahead with their review to evaluate the recommendations from their legal services study in 2016. We are exploring some of the issues with members, which will complement research the SRA is undertaking. We will be meeting with the CMA again in early September.
 
Justice
 
HMCTS answers members’ questions on the impact of Covid-19 on the Courts and Tribunals Service
 
We have uploaded a recording of our Q&A event with HMCTS which focused on the impact of COVID-19, the work that has been undertaken within the court service and the work that still needs to be addressed as part of the court recovery plan.
You can view the recording here: https://www.lawsociety.org.uk/campaigns/court-reform/features/hmcts-answers-members-questions-on-the-impact-of-covid19-to-the-courts-and-tribunals-service   
The link also allows you to download a copy of the Q&As. We will be updating this document once we are in receipt of the responses to the questions that could not be answered during the event.
 
Parliamentary

Global Legal Centre campaign highlights courts and solicitors role in supporting business through covid-19 pandemic
 
On Wednesday, we launched a new phase of our Global Legal Centre campaign to highlight how the business and property courts in England and Wales have successfully adapted to keep the wheels of justice turning with 85% of national and international business disputes in the business and property courts being concluded remotely using technology during the pandemic.

As part of the campaign we: 
 

• Published statistics from the judiciary highlighting how well the business and property courts had kept the wheels of justice turning since March. Read our press release: https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/watershed-moment-for-business-and-property-courts-in-england-and-wales

 

• Published a blog on the UK’s response by chancellor of the High Court Sir Geoffrey Vos 

 

• Started a social media campaign targeting domestic and international businesses to highlight the success of courts and legal profession. You can watch and share our short animation here

 

• Launched an online hub on the response of the England and Wales to covid-19 for international audiences)

Also on Wednesday the Law Society hosted a roundtable on using legal technology to support access to justice, featuring the justice minister Alex Chalk MP. Deputy vice president Stephanie Boyce chaired the roundtable, which was also attended by a number of key stakeholders from the legal advice sector.

Diversity and Inclusion
 
Making the profession disability inclusive
 
Join us and our Lawyers with Disabilities Division for a series of virtual roundtables discussing "easy wins" for disability inclusion within organisations and local Law Societies. We’ll also be joined by the Legally Disabled team to give a constructive overview of their research into the career experiences of disabled people within the legal sector.
 
Get in touch to book
 
Virtual D&I Conference – Master of the Rolls to speak
 
We were very pleased when Leeds Law Society approached us about working together on a D&I conference. Now that it must be a virtual one, anyone anywhere can sign-up. 
 
Running from 15 September to 1 October, and so incorporating National Inclusion Week, there will be six events; each covering a different topic:
 

• Social mobility
• Mental health
• Gender
• Disability
• LGBT+
• Race

 
The Master of the Rolls, Sir Terence Etherton, has now been added to the already impressive list of speakers.
 
Book your place

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

Dear colleague,

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

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.

We have been in the media this week to promote the role and value of the profession in these difficult times
 
The Financial Times (£) published my letter about the how the justice system’s use of algorithms requires proper oversight
 
“What is needed is transparency, centralised co-ordination and systematic knowledge sharing between the public bodies which use algorithms, to ensure they are designed, procured and deployed lawfully,” I wrote.

The plight of two lawyers on hunger strike was covered in the Gazette.
 
I said: “The Law Society reiterates its support for lawyers in Turkey, who should be allowed to practise their profession freely without undue external interference.”
 
This week I was on Times Radio (1:38:43) explaining how the Covid-19 pandemic has left law centres and high street firms at risk.
 
The Gazette, the Solicitors Journal, Legal Action Group, New Law Journal and Free Movement reported lord chancellor Robert Buckland’s move to revoke a controversial fixed fee regime for immigration and asylum appeals work after legal aid firm Duncan Lewis Solicitors began judicial review proceedings.
 
Duncan Lewis’ claim was supported by letters of support from the Law Society and the Legal Aid Practitioners Group.
 
I pointed out half of immigration appeals are successful - “clear evidence of how important it is that people have recourse to the tribunal to challenge Home Office decisions that have a profound impact on their future”.
 
The Independent provided a detailed overview of the UK criminal justice system, citing the problems with the current legal aid system which deny the public access to justice.
 
Our research on ‘legal aid deserts,’ which was published last year, found that more than half of local authorities in England and Wales have no publicly funded legal advice for housing.
 
We said: “People facing homelessness or trying to challenge a rogue landlord increasingly cannot get the expert legal advice they desperately need.”
 
The Gazette, Law360 (£) and Lexis Library (£) looked at our asks on law and justice in the comprehensive spending review.
 
I said: “We urge the government to support our justice system and world-leading legal services sector to ensure they are well equipped with the funding needed to face the challenges of the future.”
 
The Gazette, Law360 (£) and New Law Journal reported the Law Society’s warning that plans to extend court hours will hit overstretched and underfunded criminal defence firms hard when the capacity to cover the additional hours may not even exist.
 
We have published guidance for practitioners faced with the prospect of working extended court hours ahead of a pilot beginning next week.
 
I said: “We have repeatedly made clear to the Ministry of Justice that extended hours are not the right approach to tackling the backlogs in the courts because of the significant impact they would have on court users, legal practitioners and how our justice system functions.”
 
The Guardian highlighted a report from the Gazette that Manchester Crown Court has closed again after three people tested positive for coronavirus, according to the barristers’ representative body, the Northern Circuit.
 
A total of 64 crown courts have resumed jury trials in areas including Bristol, Swansea, Chelmsford, Northampton, Leeds, Basildon, Worcester and Shrewsbury.

Our interactive map showing which Nightingale courts are operational features in the New Law Journal.
 
“We believe the government can build court capacity to clear the backlog by using unused public buildings – including court buildings which have been closed but have remained unsold – as Nightingale courts,” I said.
In July, the Ministry of Justice announced the 10 Nightingale courts which are hoped to ease the pressure on the justice system.
 
The Solicitors Journal looked at what steps HM Courts and Tribunals Service should take to keep solicitors and other court users safe and informed during the covid-19 pandemic.
 
I said: “It is absolutely vital that HMCTS maintains clear and immediate communications with solicitors and other court users on what is happening in their courts and tribunals buildings – especially if a staff member has displayed any covid-19 symptoms.”
 
The Times (£), Gazette and Solicitors Journal reported that reduced sentences for early guilty pleas might be scrapped. I said: “In the absence of credit for a guilty plea a defendant may conclude that they have nothing to lose by going to trial, leading to victims having to testify and costly trials.”
 
Today’s Wills and Probate reported on a consultation on making online probate applications compulsory.
 
Chair of the Law Society Wills and Equity Committee, Ian Bond, is quoted saying: “Practitioners will want to have the assurance that the online systems are working and tested before mandating its use; that service levels will not decline; and, that these changes will not lead to (excessive) changes to fees.”
 
The Gazette carried analysis of the Law Society’s Lawtech adoption and training report, noting its release was timely and that the survey results provide useful confirmation of the state of play in the profession.
 
Ursula Collie, a local solicitor, wrote for the Northern Echo on people’s consumer rights if their wedding is cancelled or postponed due to the pandemic as part of our legal agony column series.
 
From 3 to 31 August, the UK public will be able to eat out for half price as some of the UK’s restaurants take part in the government’s Eat Out to Help Out Scheme.
 
Henry Bermigham, a partner at Weightmans, spoke with BBC Radio Humberside (from 2:17:44) about who is liable if a patron contracts Covid-19 while eating out a restaurant.
 
Justice
 
Nightingale Courts status interactive map

On 19 July 2020, the government announced that it would be opening ‘Nightingale Courts’ as part of its court recovery plan to address the impact of Covid-19 on the justice system. We’ve created an interactive map which shows the location of open, and proposed, Nightingale Courts as well as the type of work being heard in these venues.

View the map and further resources here. Read the full press release here.

Parliamentary

On Wednesday (12 August) we launched a campaign action as part of the Law Society’s Return, Restart and Recovery campaign.
 
With the comprehensive spending review now underway, the Law Society is calling for solicitors and supporters to write to the chancellor to urge him to ensure that our justice system and legal services sector is equipped with the funding it needs to face the challenges of the future.
 
The comprehensive spending review sets out departmental spending for the years ahead, and is the biggest opportunity to influence government spending priorities for the next few years.
 
This spending review is a once in a generation opportunity for our justice system, which contributes significantly to our economy, underpins our society and in turn facilitates growth across other parts of our economy. It is vital that the chancellor hears your voice.
 
You can write to the chancellor of the exchequer using our quick and easy tool in just two minutes.
 
Diversity and Inclusion
 
Virtual D&I Conference – Master of the Rolls to speak
 
We were very pleased when Leeds Law Society approached us about working together on a D&I conference. Now that it must be a virtual one, anyone anywhere can sign-up. 
 
Running from 15 September to 1 October, and so incorporating National Inclusion Week, there will be six events; each covering a different topic:

• Social mobility
• Mental health
• Gender
• Disability
• LGBT+
• Race

The Master of the Rolls, Sir Terence Etherton, has now been added to the already impressive list of speakers.
 
Book your place

A disability inclusive future 
 
In partnership with Legally Disabled, we have launched a survey to capture the experiences of disabled solicitors and trainees and how they have navigated remote working during lockdown.
 
Help us build a more disability inclusive profession by completing the survey by Sunday 16 August.
 
Take the survey

Update from our Brussels Office

The Law Society submitted its consultation response to the Ministry of Justice’s consultation on departing from retained EU case law by UK courts and tribunals

Our work internationally

On 14 August the Law Society, the Confederation of Indian Industry and Clyde & Co hosted a webinar on the “Impact of COVID19 on legal sector and how to handle contractual disputes in the UK & Indian jurisdictions”
 
As always, please feel free to share this update with your constituents. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

Dear colleague,

Your weekly Law Society update

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

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

The Gazette, The Times (£), The Mirror and seven other publications covered the Justice Select Committee’s (JSC) report on the devastating impact Covid-19 on the legal profession in England and Wales, citing Law Society research. I said: “In these challenging times, it is vital that the wheels of justice continue to turn. The government must heed the select committee and our calls on supporting legal aid firms through the crisis.” 

Richard Miller, our head of justice, also spoke with LBC News about the impact of Covid-19 on the legal sector following the Justice Select Committee's report. Richard highlighted the plight of legal aid funded lawyers, who were in a dire situation prior to the pandemic. 

Clive Thomas, an incoming member of our Wales committee, wrote for the Gazette on life during lockdown. He said: “The mould has been broken and it presents a real opportunity to work in a way that best suits us and our clients – rather than just because that is how we have always done things.” 

The Gazette noted criminal solicitors are reporting being unable to take urgent instructions from their clients because timely video link appointments are not available. I commented: “It cannot be right that a court is in a position to give someone in custody an expedited trial date, but they cannot take advantage of that opportunity because their solicitor cannot take instructions.” 

Also on criminal justice, BBC Wales Today and BBC Wales Breakfast reported on the growing case backlogs in our criminal justice system and cite our warnings that the system is on its knees even before the Covid-19 pandemic.  

The Solicitor’s Journal covered the Bellwether report on legal services, which found three quarters of firms have moved staff to effective homeworking. A Law Society spokesperson said: “Many firms, particularly in the legal aid sector, need further UK government support urgently, and with an ongoing lack of clarity about when the courts system can safely get back to capacity, these problems need to be addressed now.” 

The Gazette reported the Rt. Hon. Sir Geoffrey Vos, the chancellor of the High Court, will take over from Sir Terence Etherton as master of the rolls in January 2021. I said: “We look forward to working with the new master of the rolls to promote England and Wales as a global legal centre.” 

The New Law Journal reported nominations have opened for Next 100 Years’ annual Inspirational Women in Law Awards and that our deputy vice president I. Stephanie Boyce will be a judge for the awards.  

Free Legal Answers, an access to justice charity created by LawWorks and supported by Deloitte Legal has called for solicitors to contribute to a new online advice service which has been set up to answer one-off legal questions free to charge, the Gazette reported. I said: “This can be life-changing for people who would otherwise have to navigate the justice system without expert help.” 

SCL.org notes that the Home Office will stop using its ‘visa streaming’ algorithm in response to legal action and our repeated warnings on the risk of bias being introduced into decision-making through the algorithm. I said: "The Law Society has been raising the alarm for some time that there are systemic risks with using algorithms to filter immigration applications, as this process may embed bias against certain groups of people based on generic markers such as nationality, country of origin, age or whether they have travelled before.” Read our press release. 

Public Law
 
Covid-19 and the rule of law
The Law Society is examining the extent to which the rule of law and access to justice has been affected during the pandemic, particularly for those living in vulnerable situations (from care homes to prisons). If you work with client groups whose rights and liberties may have been particularly affected by the emergency measures taken by government, you can help us by filling in this survey and sharing it with your networks: https://lawsociety.questionpro.eu/t/AB3urfqZB3u5Sv  
The information you provide will be used in our forthcoming report to influence the six month review of the Coronavirus Act. Questions cover:

•  the extent to which you were able to maintain contact with clients
•  if clients were able to effectively access courts and tribunals
•  if external scrutiny of your client’s situation has been maintained
• various additional issues across disability and mental health, domestic violence, children and housing.

​
Immigration
Following correspondence from the Law Society, the Home Office confirmed that they intend to formalise the approach that has been taken during the pandemic within the Immigration Rules, with an aim for this to happen in Autumn 2020. They also confirmed that the gov.uk webpage would be updated, as requested, to reflect the blanket grace period for people whose leave to remain in the UK expires before 31 August 2020 along with further details.
 
Parliamentary
 
Justice Committee reports
On Monday (3 August) the Justice Select Committee published a report on the impact of coronavirus on the legal profession. The Committee makes a series of recommendations to government in the report, including specific endorsement for the Law Society’s call for further support for legal aid firms. The full report can be read here.
 
That report follows a report from the Justice Select Committee last Thursday (30 July), following the Committee’s inquiry on the impact of coronavirus on our courts and tribunals. The Law Society’s evidence to the committee was specifically referenced in the report, which included a number of recommendations to government and HMCTS focused on the criminal and civil courts and tribunals, technology, and the recovery plan. That report can be read in full here.
 
Diversity and Inclusion
 
Will the new normal be a disability inclusive working environment?
 
In partnership with Legally Disabled, we have launched a survey to gather experiences of  people with disabilities in the profession both during lockdown and post-lockdown.
 
We will use these insights to inform best practice for the future and to evidence aspects of remote working which could benefit disabled people working within the legal sector in the long term. The survey is open until Sunday 16 August and should take only 20-25 minutes to complete. Please take the survey.
 
Leeds Law Society virtual conference
 
Join us and Leeds Law Society from Tuesday 15 September to Thursday 1 October for a series of virtual events focused on diversity and inclusion.
 
We will be hearing from a range of speakers on topics including; social mobility, mental health and wellbeing, gender, disability LGBT+ and race.
Book your place
 
As always, please feel free to share this update with your constituents. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P