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

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 difficult times

The Guardian, the Gazette, the Daily Mail and 30 others reported on the Ministry of Justice’s decision to make video witnessing for wills legal during the coronavirus pandemic. I said: “Although the government’s decision to allow remote witnessing will simplify will making for some during the pandemic and guidance has been issued to minimise fraud and abuse, the government needs to ensure the legislation is properly drafted to minimise unintended consequences and ensure validity.”

The BBC covered the backlog of criminal court cases in Wales. Law Society council member, Scott Bowen, said: “It is getting to the stage now where there are catastrophic effects of the delay, and that’s affecting the public’s confidence in the justice system as a whole.”

Talvinder Penaser, a member of our family law committee, was cited in a BBC Radio Leeds (starts from 02:00) piece on Nightingale courts.

The Justice Committee report on the impact of Covid-19 on the courts featured in New Law Journal. I said: “After years of underfunding and cuts, there were already significant backlogs across the civil and criminal justice systems – which have only been exacerbated by the Covid-19 pandemic.”

The Solicitors Journal reported all court and tribunal users must wear a face covering in public areas of its buildings. David Greene, our vice president, said: “It is difficult in many court buildings to maintain social distancing in public areas. While some buildings are more spacious and may have better ventilation, for most courts this is not the case and the risk of contracting Covid-19 is still very real.”

Athalie Matthews, a senior associate at Farrer & Co, spoke with Channel 5 News about the legal details of the Johnny Depp and Amber Heard libel case, which concluded yesterday.

Adele Edwin-Lamerton, a member of our employment law committee, was interviewed by Channel 5 News about employees’ rights upon their return to the UK, amid a newly enforced 14-day quarantine imposed by the government.  

The Guardian covered working from home during the coronavirus pandemic and cited our employment law guidance.

Gary Rycroft, a solicitor at Joseph A. Jones & Co Solicitors, spoke to BBC South Today about whether a gym chain’s decision to force all users to wear face masks in the gym, regardless of whether they have a medical condition, is legal.

The New Law Journal and Today’s Conveyancer reported that plans for the economic crime levy on law firms has been published. I said: “We have strong concerns that a further unjustified burden will fall on a sector already under strain. We will be robustly engaging in the consultation process to ensure the profession’s views are well represented.”

The Gazette, Inside Conveyancing, New Law Journal and Legal Futures covered the Solicitors Regulation Authority’s decision to implement its plan to cut the maximum award of its compensation fund from £2 million to £500,000, despite strong opposition from the Law Society and the Legal Services Consumer Panel. I said: “The news that the SRA is going ahead with most of the proposed changes to the Fund is disappointing, but at least they are dropping the issue which caused us the most concern.”

Today’s Wills and Probate looked at our BAME roundtables to identify the barriers facing progression. I said: “BAME solicitors are not sufficiently represented at senior levels in the profession, and we are therefore conducting detailed research into the representation of BAME lawyers across the country.”

Today’s Conveyancer reported on our survey with Legally Disabled to uncover how the Covid-19 pandemic has affected the working practices of disabled lawyers. I said: “We know that during the pandemic some disabled people may have had limited or restricted access to support services and personal assistants. Others may have needed new specialist equipment to work from home, but may have been limited in supply.”

Inside Conveyancing spoke to Sarah Dwight, a member of our conveyancing and land law committee, about the Law Commission’s aim to reinvigorate commonhold as an alternative to leasehold. She said: “There has been a low take-up of commonhold in the past, so there needs to be encouragement to use it, perhaps incentives for using it and disincentives for leasehold.”

Justice 
 
Q&A event with HMCTS – 5 August, 5.00pm-6.30pm

The Law Society will be hosting a Q&A event with HMCTS focusing on the impact of COVID-19 on Wednesday 5 August, from 5pm to 6.30pm. As a profession, we have a unique opportunity to submit questions to the CEO of HMCTS, Susan Acland-Hood, about HMCTS's response to the pandemic.  Email your questions to hmctscourtreform@lawsociety.org.uk by 12pm on Monday 3 August.
More information about the event and how to book can be found here.
 
Wearing face coverings in court

HMCTS are asking all court and tribunal users to wear a face covering in the public areas of its buildings in England. This came into effect on 27 July.
Court rooms will continue to be covered by the current government guidance, which states that court users may wear face coverings while in the court room. Face coverings may be allowed to be removed when people are speaking or presenting evidence, and judges or magistrates may ask for them to be removed. You can read the Law Society’s response to this announcement here.
 
SRA response on the quality of advocacy

The SRA published its response to a consultation on the quality of advocacy that concluded in November 2019. The SRA accepted Law Society’s argument that it is not logical to require solicitors undertaking youth court work to hold the higher rights advocacy qualification, mainly because there is no youth court advocacy module in that qualification.

Public Law
 
Change to allow remote witnessing of wills

On Saturday 24 July, the government announced a change to allow video witnessing of wills. Under the current law (Wills Act 1837), it is not permitted to witness a will via video messaging as a witness must be physically present. These changes will be made via new legislation in September and will allow for wills witnessed in such a way to be deemed legal, as long as the quality of the sound and video is sufficient to see and hear what is happening at the time. There will be no change to the requirement of two witnesses.
 
The measures will be backdated to 31 January 2020, the date of the first confirmed coronavirus case in the UK, and will be in force for two years, which is in line with other coronavirus legislation. From the start of lockdown, the Law Society has been in discussions with the Ministry of Justice regarding the legal requirements for executing a will, including witnessing. Read our statement 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 disabled people 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. Take the survey.

Update from our Brussels office

On 29 July, Helena Raulus, head of our Brussels office, chaired the BBUKOO plenary session with the director for UK-EU Political, Hermione Gough from UKMIS to discuss the result of the last negotiation round.

Our work internationally
 
Law Society vice president David Greene held a series of virtual bilateral meetings with Bar Associations in Malta, Hungary, France, Austria and Slovakia, to discuss common issues that face the legal profession during the Covid-19 crisis and other issues of interest.  
 
On Tuesday, international policy adviser Alexandra Squires-McCarthy hosted part one of our three part webinar series as an online replacement for English law day in the Ukraine. The event had over 81 registrations and successfully targeted partners of firms in the UK and the Ukraine which aligns with the global legal centre digital campaign.
 
On Thursday, our director of strategic relations, Stephen Denyer, and international policy adviser, Catherine Brims, participated in a panel discussion run by the Anglo-Australasian Lawyers’ Society (UK chapter) on the Australia-UK free trade agreement and the Law Society’s role in the discussions involving legal services. His Excellency the Honourable Mr George Brandis QC, high commissioner of Australia to the United Kingdom, opened and closed the session, noting that legal services should be "a real deliverable in terms of this full trade agreement".
 
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.
 
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Justice
 
Probate service review
We hosted another helpful probate professional user group meeting with HMCTS. They reiterated that the service is not experiencing delays.
HMCTS’s probate service has brought in extra staff to prepare for an increase in workload and any delay to processing times for grants of probate will therefore only be for a short period.
Uptake in the digital service has been increasing week on week since May and we continue to encourage members to register for this. More information can be found here.
We will be meeting again at the beginning of September.
 
Criminal courts listings issues
We have written to the CEO of HMCTS to request confirmation that urgent action is being taken with regard to reports we have received that in certain magistrates’ courts large numbers of cases are being listed at one time (in one instance over 100 for one court in one morning). We expressed serious concerns about the potential risk to health of court users due to overcrowding in waiting areas. In addition, in many of these cases the solicitor has been required to attend, only to find that the case has been adjourned. 

Public Law

Criminal
We have responded to the attorney general’s consultation on revisions to guidelines on disclosure in criminal cases, and the associated Code of Practice. We supported the proposal to create a rebuttable presumption that certain items of commonly generated evidence should usually be disclosed, that disclosure should be undertaken as early in the proceedings as possible and, in appropriate situations, to permit defence engagement with the investigation to identify potential lines of enquiry.
 
Immigration
We wrote to the director of visas and citizenship at the Home Office regarding the Covid-19 visa extension policy for people whose leave to remain in the UK expired during the pandemic. During a committee hearing, the second permanent secretary announced that the policy would end on 31 July 2020 and not be renewed, as it was previously. This has not been announced elsewhere to date and follows other instances of similar announcements, such as the visa extension for NHS workers, which has not been put on a legal footing under the Immigration Rules.
 
Speeches

APPG on legal and constitutional affairs meeting 
On 21st July I appeared before the APPG with Amanda Pinto QC, chair of the Bar, to address the question: "Should the coronavirus be allowed to change the way in which we do justice in this country". The link is here  Watch the recording  I appear about 14 minutes in.

Parliamentary
 
The Law Society was referenced twice during an oral evidence session of the Lords' constitution committee at which the lord chancellor, Robert Buckland, and Susan Acland-Hood, HMCTS chief executive, gave evidence. Lord Sherbourne cited the Law Society’s concerns about the impact of virtual proceedings on access to justice, and the lord chancellor mentioned the Law Society among those organisations he has been engaging regularly with throughout the pandemic.
 
The Law Society was mentioned by Bob Neill MP, chair of the Justice Select Committee, during a parliamentary debate on the Counter-Terrorism and Sentencing Bill. Neill referenced the Law Society’s briefing and our concerns regarding increasing the use of polygraph testing in the justice system.

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 disabled people 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 that could benefit disabled people working within the legal sector long term.

The survey is open until Sunday 2 August and should take only 20-25 minutes to complete.

Take the survey
 
We have been in the media this week to promote the role and value of the profession in difficult times
 
The Times (£) reported that leaders of the solicitors’ profession have called on ministers to double the time limit for bringing employment tribunal claims.
 
The Law Society has argued that since a 2017 Supreme Court ruling, which found the government’s fee scheme was unlawful, claims have increased significantly, but without a commensurate boost to resources at the tribunal.
 
I said: “We strongly support the idea of raising the time limit for bringing all employment tribunal claims to within six months.”
 
Also covered in Personnel Today.
 
The New Law Journal reported that 10 temporary ‘Nightingale’ courts will soon be starting in August. They will hear civil, family and tribunals work and non-custodial crime cases to make space in existing courts for jury trials and more serious criminal cases.
 
The Solicitors Journal also noted lord chancellor Robert Buckland has announced the locations of the 10 Nightingale Courts set up to tackle the backlog of cases due to Covid-19.
 
The Law Society welcomed the announcement. I warned the crisis existed prior to the pandemic.
 
“After years of underfunding and cuts, there were already significant backlogs across the civil and criminal justice systems,” he said. “This has been exacerbated by the covid-19 pandemic – with the number of outstanding cases standing at over 524,000 late last month.”
 
New Law Journal cited my call that closed but unsold courts and other unused public buildings be used:
 
“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.”
 
The Gazette, Law360 (£), Legal Futures and Inside Conveyancing reported on the government’s economic crime levy consultation, launched earlier this week.
 
The consultation was announced as part of the 2020 Budget and a government move to introduce an economic crime levy.
 
I said: “Solicitors play an important role in the battle against money laundering and the Law Society – as the named supervisory body – shares the government’s objectives in having a robust regime in place.
 
“Our sector devotes substantial resources to fighting financial crime. We have strong concerns that a further unjustified burden will fall on a sector already under strain.
 
“We will be robustly engaging in the consultation process to ensure the profession’s views are well represented.”
 
Legal Futures noted that lord chancellor Robert Buckland QC has dropped his plan to replace juries in some criminal trials with a judge and two magistrates.
 
The Law Society and the Bar Council have condemned reducing the role of trial by jury.
 
The Independent, Yahoo! News and the Gazette cited a report by the Law Centres Network which has found a large proportion of the public will be left without “vital” assistance to protect their job, home or benefits during the crisis without ending up in poverty because they fall into the “justice gap”.
 
Richard Miller, the Law Society’s head of justice, said he supported the reports findings, adding: “If people cannot enforce their rights, then effectively these rights do not exist.
 
“The scale of legal need is too vast for law centres to bear alone. It will also be vital to ensure that private practice and legal aid firms working in these areas are fully supported to continue providing these much-needed services.”
 
Justice minister Alex Chalk told the All-Party Parliamentary Group on Legal Aid that the government is looking to publish its findings along with a consultation on policy options in spring 2021, the Gazette reports.
 
Alongside consulting on threshold changes to the legal aid means test, the department will also look at the sustainability on the civil legal aid system.
 
Richard Miller warned of a “sectoral collapse” if the ministry did not address the three problems currently facing practitioners: cashflow implications of Covid-19, loss of income and the underlying crisis of sustainability.
 
Legal Futures features a piece mentioning legal aid and quotes Richard Miller, saying it was vital that legal aid rates were increased by at least the rate of inflation immediately, even while discussions were ongoing about what to do about legal aid generally.
 
Legal Futures reported an online session of the All-Party Parliamentary Group on Legal Constitutional Affairs, which saw me explain that the end of the coronavirus pandemic will bring a “massive increase” in demand for legal services.
 
The coronavirus lockdown in March has made it harder for Personal Representatives to administer estates within a reasonable period of time, the Gazette reports, in an article
by Ian Bond and Kieran Bowe on the market re-opening and sales proceeding. Ian Bond is chair of the Law Society’s wills and equity committee and head of trusts and estates at Talbots Law and Kieran Bowe is a wills and equity committee member and partner at Russell Cooke.
 
Today’s Wills & Probate noted the anticipation in the legal profession, as it awaits the Ministry of Justice’s announcement legalising wills that have been witnessed via video calls.
 
Ian Bond said: “The Law Commission had been put in place to look at wills in 2017 and was trundling along but unfortunately Covid-19 came round before it could make any changes to primary legislation.”
 
Yahoo! Finance cited a Telegraph (£)  article which quotes Ian Bond saying “the Law Commission had been put in place to look at wills in 2017 and was trundling along but unfortunately Covid-19 came round before it could make any changes to primary legislation”.
 
He also spoke to Today’s Wills & Probate about the annotated probate forms which have recently been released by the Law Society and HM Courts & Tribunals Service.
 
“The Law Society welcomes the publication of the registrars annotated forms which arose from helpful discussions between the Registrars and the Law Society, STEP and SFE. The annotated forms alongside the FAQs are a real help to the solicitor profession in making paper applications for grants of representation,” he said.
 
New Law Journal reported that the Law Commission has proposed reforms to home ownership, making it simpler for leaseholders to extend their lease, take over the management or buy the freehold.
 
Under the proposals, there would be a new right to extend a lease for 990 years, in place of 50 or 90-year extensions and landlords would not be allowed to insist leaseholders accept new obligations or play extension costs.
 
I said the recommendations would “deliver real benefit for homeowners” and “provide the flexibility for commonhold to develop as an alternative to leasehold, if incentivised further by government”.
 
The Times (£) reported on how coronavirus affected the future of our criminal justice system. Ian Kelcey, the co-chair of our criminal law committee said: “The jury system is a unique system whereby each member of a jury brings…their unique experience. You immediately lose that if you do away with jury trials.”
 
The Gazette meanwhile reflected on how Covid-19 has affected the criminal justice system ahead of the MoJ’s annual report. Law Society president Simon Davis said: “I do not believe the MoJ has realised the extent of the problem Covid-19 is producing and the way the criminal defence profession may well collapse in a hideously unstructured way.”
 
The Global Legal Post reports on the government’s announcement that businesses can begin returning to the office from August. I said: “For as long as Covid-19 remains a virus that is easily spread within our population, while also causing significant medical problems to a large group of people, working practices will need to be flexible.”
 
Family Law Week reported our submission to the Joint Human Rights Committee on the Divorce, Dissolution and Separation Act.
 
Kent Live, Yorkshire Live, North Wales Live, Get Reading, Macclesfield Express and 32 others reported that lie detector tests should not be allowed to creep further into the criminal justice system.
 
The Counter-Terrorism and Sentencing Bill would introduce mandatory polygraph tests for serious terrorist offenders, a measure already in use in connection with sex offenders released on licence.
 
Bob Neill, chair of the Justice Select Committee, said in the Commons: “The Law Society make the point that the suggestion of the use of polygraphs in some of these circumstances is more to persuade people, almost psychologically is the phrase they use in their briefing, against breaching the orders.”
 
Liz Fisher-Frank, a member of the Law Society’s family law committee, writes in the Gazette about a potential explosion in family law cases.
 
“Now is a good time to make a call for pro-bono volunteers so that all those who have advice needs can access that advice,” she said.

Change of leaderships in communications directorate
 
After six years at the Law Society Mike Browne (operational director of Brand & Communications) has decided it is time for him to move on. We  would like to thank Mike for his passion and commitment to the organisation. He worked hard to modernise our brand, promote the profession, present our member offer, ramp up broadcast and national media profile, create a member focused website and keep staff engaged in our future direction. He played a positive and active part in the senior leadership and direction of the organisation and he will be missed by colleagues.

Update from our Brussels office

Helena Raulus, head of office attended the BBUKOO (Brussels based UK Organisations and Offices) meeting with the UKMIS on Friday. The purpose of this meeting was to discuss the state of the EU-UK negotiations.
 
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 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.
 
Webinar: Use of virtual execution and e-signatures during the COVID-19 pandemic
 
In this webinar Edward Craft, Chair of our Company Law Committee, and Elizabeth Wall, Head of Know-How for the Global Corporate Practice for A&O, cover:

• How to facilitate legal transactions in an increasingly digital world.
• Options for executing documents by virtual means post the Mercury decision.
• How to execute commercial contracts with confidence using electronic signatures.
• Legislative, regulatory and cultural requirements to be aware of when completing a transaction digitally.

You can listen to a recording here.
 
Free Webinar: Virtual firms, 30 July 10:00-11:00
 
Many law firm leaders are considering what the next step is for their business models. A significant number are considering how to become a fully virtual or dispersed firm. This webinar will look at three options:

1. Keeping your firm's structure but making remote working permanent
2. Set up a virtual/dispersed firm
3. Join an existing virtual firm

 Register here
 
Redundancy support
 
We are aware that solicitors may be facing uncertainty in their roles. We have produced information on this process and a support package.
 
View more information
View the support package 
 
Event: Join Simon Davis at the APPG on Legal and Constitutional Affairs' event, Tuesday 21 July
 
Should we allow coronavirus to change the way we do justice in the UK? Simon Davis, president of the Law Society, and Amanda Pinto, chair of the Bar Council, will be discussing coronavirus and the justice system with the APPG on Legal and Constitutional Affairs on Tuesday 21 July, 11:00-12:30.
 
Please email hugo.forshaw@lawsociety.org.uk to book your place.
 
Blueprint for law firms and solicitors facing local lockdowns
 
This guidance is intended to help solicitors and law firms navigate local or area-specific lockdowns. We've signposted to resources that can help with these uncertain times. This covers:

• Your business continuity plan
• Cybersecurity
• Workforce planning and looking after your staff
• Enable your practice areas to keep business going
• Keep in touch with local decision makers
• Get ready to go back to the office

Read more here
Find out more about our Return, Restart and Recovery campaign
 
We have also updated our return to the office toolkit and practical framework to include a summary of the latest government guidance, including changes to the covid risk assessment (including a plan in case of an outbreak, law firm's duties on track and trace, and supporting staff members to self-isolate).
 
Podcast: President Simon Davis on Covid-19 and support for solicitors
 
President Simon Davis speaks with Einat Sohar, relationship manager for City and International Law Firms at the Law Society, about the Coronavirus pandemic and what the Law Society is doing to support solicitors.

Listen to the podcast
 
FREE Virtual event: 'Not the Oxford Conference', Friday 11 September 2020, 14:00-16:00 (pre-registration required)
 
This year there will be no Joint Planning Law Conference at Oxford this year, due to the continuing coronavirus pandemic. This special online event is ideal for planning professionals at all career stages.
 
The event will feature some of the speakers and topics that had planned to appear and address at the conference in Oxford, condensed into a free, 2 hour, digital package. The event is free, but pre-registration is required. Find out more and book your place here.
 
Digital Programme

PART I

• The Role of Planning in Rebalancing the UK Economy - The Right Honourable The Lord Kerslake FAcSS, Chair of the UK2070 Commission
  
  
• Meeting the Net Zero Challenge and Preparing for Climate Change - Baroness Brown of Cambridge DBE FREng FRS (Julia King) Vice Chair of the Committee on Climate Change, Chair Adaptation Committee of the Committee on Climate Change

Questions chaired by Hashi Mohamed, No5 Chambers and Author of ‘People Like Us: What it Takes to Make It in Modern Britain'.
 
PART II

•  Legal Update - Jonathan Easton LLB (Hons) LLM, Kings Chambers

Questions chaired by Mary Cook, Town Legal LLP.
 
Consultation summary
 
Revisions to the Attorney General's Guidance on disclosure and the CPIA Code of Practice - closing date extended to 22 July 2020
Link to consultation
Policy Lead: Janet.Arkinstall@lawsociety.org.uk  
 
The Attorney General's Office is consulting on changes to the guidelines and Code of Practice for disclosure.
 
Tax Treatment of Asset Holding Companies in Alternative Funding Structures- closing date 19 August 2020
Link to consultation
Policy Lead: James.Reynolds@lawsociety.org.uk
 
This consultation seeks views on whether changes to the tax treatment of companies used by funds to hold assets could make the UK a more attractive location for these companies. It also considers the VAT treatment of fund management fees and other aspects of the UK’s funds regime.
 
SRA Consultation: SRA Business Plan and Budget 2020-2021 - closing date 26 August 2020
Link to consultation
Policy Lead: Marzena.Lipman@lawsociety.org.uk
 
This consultation takes place, in part, alongside the Law Society Group consultation on the level of the practising certificate fees for 2020/21, which runs until 10 July 2020. The SRA has therefore encouraged responses on the budget component of the business plan prior to 10 July.

As part of this consultation, the SRA is also be asking for views its proposed principles for managing its Compensation Fund, which is a key part of consumer protection and supports public confidence in solicitor firms and the reputation of the profession. Every year the SRA Board decides on the level of the profession's contributions to the fund, based on information about trends, past and prospective claims and interventions.
 
Notification of uncertain tax treatment by large businesses - closing date 27 August 2020
Link to Consultation
Policy Lead: James.Reynolds@lawsociety.org.uk
 
From April 2021 large businesses will be required to notify HMRC when they take a tax position which HMRC is likely to challenge. This policy will draw on international accounting standards which many large businesses already follow. This consultation seeks views on the method and detail of the notification and particular areas of uncertain tax treatment.
 
Call for evidence: raising standards in the market for tax abuse - closing date 28 August 2020
Link to consultation
Policy Lead: James.Reynolds@lawsociety.org.uk
 
The government has published a call for evidence on raising standards in the market for tax advice. HMRC is seeking evidence about providers of tax advice, current standards upheld by tax advisers, and the effectiveness of the government’s efforts to support those standards, in order to give taxpayers more assurance that the advice they are receiving is reliable.
 
Consultation on Corporate Tax Rules that apply to Hybrid Mismatch Arrangements- closing date 29 August 2020
Link to consultation
Policy Lead: James.Reynolds@lawsociety.org.uk
 
The government is consulting on arrangements that exploit the differences in tax treatments between the two jurisdictions. This consultation seeks to ensure that the hybrid mismatch rules work proportionately and as intended.
 
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,
 
Bhavni, Beth and Stuart.

Dear colleague,

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

We have promoted our new campaign to highlight the great work the profession has been doing for clients and the community during the pandemic. You can read more here.
The latest twitter messages, including member comments and video are here.

Please encourage your constituents to share their stories.

Parliamentary
 
On Wednesday, chancellor Rishi Sunak delivered a statement to the House of Commons in which he outlined his “plan for jobs”. The Law Society welcomed announcements of a Jobs Retention Bonus for firms bringing staff back from furlough and a temporary rise in the SDLT threshold. We have also expressed support for plans to boost job creation for young people through a “Kickstart” scheme and new funding for apprenticeships, though we called for the government to go further by giving law firms the flexibility to spend apprenticeship levy funds on retraining and LawTech seats.
 
On Thursday I gave evidence to the House of Lords Constitution Committee on the constitutional impacts of Covid.  I spoke alongside Caroline Goodwin QC, chair of the Criminal Bar Association and Derek Sweeting QC, vice chair of the Bar Council. Topics included the impact of Covid on the courts and access to justice.  I made absolutely clear that the system of justice had been in crisis before Covid-19, that in certain areas practitioners were massively overworked and woefully underpaid and that immediate support from government was needed.

We have been in the media this week to promote the role and value of the profession in difficult times
 
Chancellor Rishi Sunak announced a raft of new measures to tackle the economic fallout of the Covid-19 pandemic, including stamp duty land tax relief and employment support schemes. The Gazette quoted me:
 
“We welcome the support and stimulus for the residential conveyancing market in England and understand the Welsh government will make its own decision on their equivalent transaction tax next week,”.
 
I also welcomed plans for a ‘kick start’ scheme for young people. “We will be encouraging law firms as well as in-house teams to make use of this programme to train 16 to 24-year-olds by boosting the number of apprenticeships in the law,” I said.
 
Also in Inside Conveyancing and the New Law Journal.
 
The Gazette reported on the Law Society and Bar Council joint statement condemning the government’s plans to reduce the courts backlog. We said: “We are already adopting new ways of working successfully to drive justice forward but the rule of law must not be undermined. We will not support any steps to remove the right to jury trials.”
 
Further coverage of extended hours and the HMCTS recovery plan in the Gazette.
 
The Gazette also reported on controversy surrounding Saturday court listings. I said: “Before looking at extended hours the Ministry of Justice and HM Courts & Tribunals Services must ensure that it is making maximum use of normal court hours and the existing court estate.”
 
New Law Journal reported on the HM Courts and Tribunal Service’s plan for recovery, which proposes extending operating hours, judge-only trials or smaller juries. It also covered the joint statement I made with Bar Council chair Amanda Pinto QC.  
 
The Gazette and New Law Journal reported on issues with the Legal Aid Agency’s Client Cost Management System (CCMS) which has left civil legal aid lawyers unable to log cases or bills. I said: “Civil legal aid solicitors have been working tirelessly since the beginning of lockdown to ensure everyone can access justice. These issues with the CCMS must be addressed as a matter of urgency.”
 
City A.M. and Accountancy Daily report on a new Recovery Advice for Business scheme which will give small businesses access to free one-to-one advice with an expert adviser to help them through the coronavirus pandemic and enable them to prepare for long term recovery. Professionals from the Law Society are signed up alongside the Advertising Association and the Management Consultancies Association. The scheme is up and running.
 
The Gazette covered our return to work framework and toolkit. Our head of public affairs Alexandra Cardenas said: “The guidance does not trump existing legislation, such as that governing health and safety, anti-money laundering or equality.”
 
We issued a joint statement with the Bar Council speaking out against Hong Kong’s national security law – passed on 30 June – which could restrict fundamental human rights such as freedom of expression and a right to a fair trial. A Law Society spokesperson said: “The law could be used to stem dissent, as well as to arrest and criminally prosecute persons who legally exercise their internationally recognised human rights.” 
 
Adding that “we will monitor the application of this law in practice and stand in solidarity with legal professionals in Hong Kong and others in their efforts to uphold the rule of law and fundamental rights in their jurisdiction”. The Gazette has the story.
 
Law.com (£) has an article by David Greene, vice president of the Law Society, who examines the current state of Brexit, noting that Covid-19 has already had a significant impact on the negotiations between the UK and the EU.
 
The Gazette reported that two Law Society committee members are among those who have been honoured as ‘social justice heroes of the pandemic’ by the Legal Aid Practitioners Group (LAPG). The group’s board has made four LAPG Special Awards in response to this year’s COVID-19 outbreak.
 
Gary Rycroft, chair of our digital assets working group, talked to BBC Radio 4’s MoneyBox (starts from 18:18) about credit card chargeback rules if someone books an event on their credit card which is then cancelled due to coronavirus.

ICAEW News mentioned the Law Society’s Law Management Section Financial Benchmarking Survey 2020, which has recently been published. The survey is the largest of its kind in England and Wales, with 214 firms taking part.

It was conducted before the pandemic – although many of the findings are still relevant - with a strong emphasis on helping firms to get the most out of their fee earners.

Homes & Gardens has a guide for first time buyers and advises they choose a Law Society member when looking for a conveyancer.

Practice Source cited a recent article in Silicon.co.uk, which examined the current state of lawtech and what it could mean for businesses and organisations.
It highlights the Law Society’s lawtech report, which found that the global lawtech market is valued at $15.9 billion. Investment in UK lawtech, meanwhile, is likely to increase, while the value of investment shows encouraging levels of backing by angle and seed investors, as well as venture capital firms. Read our report.
 
Update from our Brussels office

On 9 July, Helena Raulus, head of office attended a meeting with the UKMIS negotiation team via the British Chamber EU future relations committee. They discussed the nature of the negotiations and the preparation for January 2021.
 
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.

Practising fee consultation

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

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

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

Returning to the workplace: What law firms need to consider

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

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

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

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

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

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

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

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

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

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

Parliamentary

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

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

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

Update from our Brussels office

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

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

Also on Monday 8 June Marcus Corry met with:
 

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

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

Dear colleague,

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

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

Public Law

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

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

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

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

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

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

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

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

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

In our non Covid news

Diversity and Inclusion roundtable events

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

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

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

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

Keeping compliant

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

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

Rule of Law

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

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

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

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

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

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