Dear colleague,

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

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

Public Law

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

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

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

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

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

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

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

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

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

In our non Covid news

Diversity and Inclusion roundtable events

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

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

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

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

Keeping compliant

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

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

Rule of Law

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

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

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

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

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

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

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

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

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

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

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

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