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.
 
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.
 
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

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

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

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

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

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

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

President's Covid 19 Update for elected and appointed members

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.

You will have seen my e-mail to all members last week updating them on the breadth of or work in response to the issues they have raised with us directly and that we have sought their input on through our surveys. I will not duplicate all of that here. We had excellent survey response rates set out below. 

• 10% of small firms – over 700 responses​
• 48 of the biggest 50 firms​
• 78 of the biggest 250 firms

​Keeping business afloat
 
We have made it abundantly clear that there is a serious risk of imminent legal aid sectoral collapse. We have made progress in improving cash flows for legal aid practitioners but have been pressing the MoJ  for urgent measures to be put in place to avoid firms going to the wall. We continue to make proposals to the Chancellor for the improvement of the support package in a way more relevant to the solicitor’s profession, including those who receive payments by way of dividends.

Members have told us that technology is an issue, from remote hearings to working with clients remotely. We have therefore brought together cyber advice and support from a podcast to tips and guides. This is in addition to the business contiunuity toolkit we published last week

SBA The Solicitors' Charity has developed a unique COVID-19 Personal Hardship Fund to support solicitors who find themselves in personal hardship caused by the pandemic.  The charity has committed to initial funding of £1,000,000. The fund will help solicitors that find themselves financially in need due to COVID-19. Full details on the fund and how to apply can be found on the charity's website. Those of you who are in a position to contribute to this important charity, please do what you can.

Keeping compliant
 
Engagement with the SDT and LeO
The Law Society has been regularly engaging with both the Legal Ombudsman (LeO) and the Solicitors Disciplinary Tribunal (SDT) since the beginning of the COVID 19 crisis. We have exchanged constructive feedback to ensure members receive timely information and support. On 30 March 2020 the SDT confirmed they were in a position to facilitate remote hearings and has now issued a Practice Direction on remote hearings.
 
We have also published information, reviewed by LeO, to help members deal with difficulties arising from the crisis in relation to first-tier complaints, complaints already with LeO and complaints from prospective clients on the COVID 19 Information for Members page. LeO has now issued its own Guidance to law firms around its approach to complaints during the COVID 19 Crisis. It says that it will take a ‘flexible and common-sense approach’ over the coming months. Regarding its own service, it says it is currently able to maintain a ‘reasonable’ level of service and will, where possible, continue to progress complaints.

Keeping safe and well

The profession strives to keep the courts open, while safe for all court users to attend. Alongside the Bar Council and Criminal Bar Association, we have joined a working party set up by the judiciary which will consider ways of starting jury trials as soon as that is safe .The working party will report to the Lord Chief Justice through its Chair, the High Court Judge Mr Justice Edis.

A system of remote advice to prisoners is under trial. We will keep you updated as this progresses.

We also continue to flag with HMCTS issues with court hygiene and distancing where these are not being resolved locally.

We have also published a useful map showing which courts are open across England and Wales.

The senior judiciary has put out guidance on the use of remote technology in family and civil hearings:
 
https://www.judiciary.uk/wp-content/uploads/2020/04/Message-to-CJJ-and-DJJ-9-April-2020.pdf

Working with government

Our strong links with government departments and ministers mean that while we do not have all of the answers to your questions and issues ourselves, we are working with or lobbying government departments, regulators and others to provide them. We will keep you updated through all of our channels as we get the clarity we are seeking.
 
You can see our latest influencing work here. These pages will be regularly updated.
 
Brexit

The Brussels Office participated through the British Chamber of Commerce EU and Belgium in meetings with Lord Kinnoull, chair of EU Committee, House of Lords, and Hilary Benn, MP, chair of the Commons committee on the Future Relationship with the European Union. In these meetings, the Brussels Office was asked to give views about the FTAs and services as part of the BritCham Brussels delegation

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

The BBC, Mirror, the Kent and Sussex Courier and 16 others reported on difficulties making wills during the Covid-19 outbreak and cite our conversations with government on relaxing wills regulations.

The Gazette covered the Law Society’s work so far to lobby the government on behalf of the profession during the Covid-19 crisis.
 
Bloomberg reported that government lockdowns aimed at containing the spread of the virus have forced even top law firms to rein in their finances. I was quoted: “The story is very similar across the world because lawyers are no different. They are providing a service to clients and when they cannot provide that service, they find that law firms suffer.”
 
The Ministry of Justice changed the evidence requirements for domestic abuse victims to qualify for legal aid in response to the pandemic. Cited in the Gazette, I said the changes are an “important step in the right direction,” but that “non-means tested legal aid would allow all domestic abuse victims to access legal support”.

Cris McCurley, a member of our access to justice committee, spoke with BBC Radio Newcastle (from 3:42:07), about why domestic abuse victims are at risk during the Covid-19 lockdown.
 
Gary Rycroft, chair of our digital assets working group, spoke with BBC Radio Sussex & Surrey (from 3:35:33) about the recent news that airlines are refusing passenger refunds because of coronavirus, as they themselves may go bust.
 
Roy Daby, a partner at Giles Wilson, featured in a report on business insurance and coronavirus on BBC Look East (from 7:48), where he spoke about policies business take out to assist with situations such as the pandemic. Thom Wilkinson, a member of our conveyancing and land law committee, spoke with BBC Radio Sussex & Surrey (from 3:11:03) about the effect Covid-19 is having on pollution. 
 
As always, please feel free to share this update with your members unless otherwise specified.
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P

President's Covid 19 Update for elected and appointed members

Dear colleague,

Your weekly Law Society update

During the pandemic I will use this weekly update to keep you informed of our latest influencing work as we represent the interests of the profession and the public during these difficult times. I will also let you know about the latest support advice and guidance we have for our members.
 
Updates this week

You may have seen our all member e-mail last week, updating members on the ways we are tackling the issues they are facing and signposting our health and well-being resources too.

We have surveyed sections of our membership including large firms and small firms to ensure we are tackling the issues most critical to them as the pandemic continues. This input is driving our infuencing and support priorities. We will say more about the findings in the coming weeks. Our In-house survey goes out this week.

This is a very fast moving situation, but during the last week, our work, based on priorities raised by our members has focused on:

Keeping business afloat
 
In Professional Update and on social media today we have today launched our coronavirus (COVID-19) business continuity toolkit

We’ve produced this toolkit that law firms and practitioners could and should consider when looking at how to strengthen their business in these challenging times. It includes:

• top tips for firms to preserve their cashflow
• an online tool to determine your and your firm’s eligibility for government support measures
• video-insight from managing partners and senior leaders on how to weather the storm

Please take a a look and share this widely. Especially our online tool which provides a tailored report on the government support available in return for answering a few simple questions.

Coronavirus Large Business Interruption Loan Scheme (CLBILS)

We are pleased to announce that a new scheme has been announced to bolster support for large firms not currently eligible for loans. The new Coronavirus Large Business Interruption Loan Scheme (CLBILS) will ensure that more firms are able to benefit from government-backed support. It will provide a government guarantee of 80% to enable banks to make loans of up to £25 million to firms with an annual turnover of between £45 million and £500 million. Loans backed by a guarantee under CLBILS will be offered at commercial rates of interest and further details of the scheme will be announced later this month.
We have had significant engagement with BEIS and other government departments on the lack of funding measures for those firms that fall between the original Coronavirus Business Interruption Loan Scheme (up to £45m turnover) and those that qualify for the Bank of England’s Covid Corporate Financing Facility (aimed at medium and large corporates), and are pleased that a new scheme has been made available. 

Wet signatures and virtual execution of documents

This has been an issue flagged by firms of all sizes and we have raised it with the Ministry of Justice, BEIS, the Solicitors Regulation Authority and the Land Registry. The SRA has confirmed that, from a regulatory perspective, enhanced record keeping would ensure continuing compliance with its principles (examples include file notes demonstrating that the client had been informed of adapted processes, and that they had consented). We are still in discussions with the Ministry of Justice on the virtual execution of oaths. They are aware that this is a high priority issue for our members, and are looking at the existing legislation and accompanying rules (e.g. the Civil Procedure Rules) to see changes can be made.

In terms of real estate-specific measures, the City of London Law Society has published the minutes of its extraordinary meeting on the 27 March, which includes some useful advice on the Land Registry’s approach. We will be writing a joint letter with the City of London Law Society to the Land Registry, asking them to relax their registration requirements to accept incomplete applications and extend priority periods during the pandemic. 

Keeping compliant
 
SRA guidance

The SRA has published further guidance on its coronavirus webpage https://www.sra.org.uk/sra/news/coronavirus-update/. Whilst the SRA have said that solicitors and firms are still expected to meet the required standards, and to have appropriate contingency plans in place, they make clear that they will be taking a pragmatic and proportionate approach to enforcement given exceptional circumstances

Trainees and supervision

The Law Society has had a great many enquiries from those seeking to enter the profession, about arrangements for trainees, supervision requirements and furloughing.
 
Last week the SRA published their FAQs on education and training within their advice on the coronavirus: https://www.sra.org.uk/sra/news/coronavirus-questions-answers/
 
The SRA have stated that firms can make their own arrangements regarding supervision and see it as perfectly reasonable to supervise remotely.
 
We have addressed the issues around the training contract in our advice here: https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-advice-and-updates/. It is critical to maintain open lines of communication between firms and trainees to ensure that everyone knows where they stand and can behave accordingly.
 
We are continuing to engage with the SRA on issues affecting those seeking to enter the profession and those firms offering or engaged in training contracts and the employment of newly qualified solicitors. If you have any further qualification issues that have arisen as a result of the current circumstances, please get in touch and we will see how these can be taken forward.

Legal Ombudsman

In December 2019 the OLC consulted on its Corporate Strategy 2020-23. The Strategy proposed a substantial increase (20%) to the Legal Ombudsman’s (LeO) current budget. The Law Society strenuously opposed this increase in our response earlier in the year. The Law Society’s opposition was echoed by the Bar Council and the LSB who also shared ‘significant concerns’ about LeO’s performance, staff retention rates and lack of clarity. In light of these concerns, we welcome the OLC decision to now withdraw its proposed budget increase in favour of an inflation-only increase.  I called Elizabeth Davies, newly appointed Chair, to welcome her, offer the Law Society’s support and arrange a meeting to discuss our concerns in more detail.

Work in specific sectors
 
Bankruptcy Court
 
Firms have been concerned that the Bankruptcy Court would close its telephone line those undertaking pre-completion searches in respect of financial transactions. We followed this up with the Ministry of Justice, which has confirmed there are no plans to close the court.

Intellectual Property Office (IPO) closure

The IPO has closed its office, and has issued an update regarding its revised processes. This includes a definition of “interrupted days” and consequences for those applications. They are currently unable to process any paper forms, and no documents can be filed by hand at their offices. However, they are accepting electronic signatures on forms and other documents. 
 
Wills
 
We have updated our guidance for members in relation to wills to include the updated SRA guidance and to say we are having continuing conversations with the MoJ.
 
Mental Health
 
We also received clarification from the Crown Prosecution Service on how prosecution of offences in the public interest under the Coronavirus Regulations 2020 will be approached with regard to people who may have impaired decision-making capacity.
We also responded to the Tribunal Procedure Committee’s consultation on Mental Health Tribunal reforms.

Legal Aid

The LAA published guidance on 3 April relaxing the rules for hardship payments to be made, and encouraging firms to ensure they are making full use of the existing facilities for claiming on account. We have emphasised, and the MoJ has acknowledged, that there needs to be a continuing conversation about the serious financial challenges facing firms.
 
Further guidance on the same day clarified that where a solicitor attends a police interview remotely, they can claim the full case fee.
 
The LAA also clarified the circumstances in which it will be acceptable in the current circumstances to grant legal aid without documentary evidence of means.
 
https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response
 
Civil litigation
 
A new Practice Direction under the Civil Procedure Rules seeks to address the issue of extensions of time.
 
Practice Direction 51ZA, effective from 2 April 2020, makes provision for parties to agree extensions of time to comply with procedural time limits in the Civil Procedure Rules, Practice Directions and court orders. Parties can agree an extension up to 56 days without formally notifying the court (rather than the previous 28 days) so long as that does not put a hearing date at risk. Any extension of more than 56 days needs to be agreed by the court.
 
It provides guidance to the court when considering applications for extensions of time and adjournments.
 
This Practice Direction ceases to have effect on 30 October 2020.
 
See the civil procedure rules on Justice.gov.uk

Keeping members safe 
 
Interviewing of suspects in the police station 
 
We have worked with the Crown Prosecution Service (CPS) and the National Police Chiefs' Council (NPCC) on a coronavirus (COVID-19) interview protocol.
 
This guidance is intended to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the coronavirus pandemic.
 
It will be reviewed monthly from 1 April 2020 and is intended for use only during the coronavirus crisis.
 
We have been in the media this week to promote the role and value of the profession in difficult times
 
An FT article on the property market 'moving into cold storage' cites our guidance on conveyancing during the Covid crisis.

Gary Rycroft, chair of our digital assets committee, is quoted in Elle in an article on cancelled weddings. He was also on BBC Radio 4’s You and Yours programme (starts from 16:18) about making a will during the coronavirus lock down.

BBC News looks at calls for greater flexibility in the will-signing process amidst social distancing measures and rising demand– citing recommendations from the chair of our wills and equity committee, Ian Bond.

The Guardian reported on how the coronavirus outbreak is affecting the way law students are being taught. Alan East, chair of our education and training committee said: “I think this period of being confined to our houses and having to do things online will move things along a bit. Law has begun to modernise.”
 
The Daily Mail, Gazette and 94 others cite figures from Refuge, the national domestic abuse helpline, of a dramatic increase in the numbers of women seeking help during the coronavirus outbreak.
 
I said that “making non-means-tested legal aid available for domestic abuse cases would give victims the legal support and access to justice they so desperately need.” 
The Gazette, Legal Futures, New Law Journal and the Guardian all report on the MoJ’s support package for legal aid practitioners. I said: “The MoJ must keep its door open and respond urgently to any further feedback from the profession about the measures needed to enable practices to survive.” 
 
Please feel free to share this information with your members. Please stress that we have ongoing engagement with regulators and government and that these are fast moving issues. Encourage them to check our website and social media for the latest updates. 
 
Kind regards,
 
Simon
 
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P