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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.
Here are some highlights from our work last week. Influencing on behalf of the profession and promoting the profession The Law Society’s media profile this week: Vulnerable people risk being deprived of their liberty against their best interests under proposed changes to the Mental Capacity Act, Law Society mental health and disability chair Sheree Green told the Today programme on Friday. You can listen here. The BBC story begins at 51:53 and Sheree’s appearance begins at 55:44. Government proposals to fast-track appeals by immigration detainees risk “riding roughshod” over people’s lives, I warned this week. The issue was covered in the Independent, Times (£) & Gazette. I’m quoted saying: “If people in immigration detention are forced to make appeals through a fast-track system there is a real risk of unjust decisions leading to people being removed from the UK unlawfully.” The Law Society has called for the criminal standard of proof to be kept for solicitors facing disciplinary action, placing it at loggerheads with the Solicitors Regulation Authority (SRA). The Gazette, Legal Futures and New Law Journal all report. A former Law Society president has unveiled the first international principles for the funding and administration of civil legal aid. Lucy Scott-Moncrieff said the blueprint would provide a ‘starting point’ for debate. Report in the Gazette. Eight law firms are being investigated over the use of gagging orders to silence alleged victims of sexual abuse, the Times (£) has learnt. The number of claims under investigation by the Solicitors Regulation Authority (SRA) that lawyers misused non-disclosure agreements (NDAs) has more than doubled in six months, jumping from three to eight. I said non-disclosure agreements “must never be used in a bid to suppress information about illegal behaviour . . . Pressuring victims of sexual harassment into signing any kind of document, especially if they don’t have legal advice, is illegal and unenforceable”. The use of NDAs was also the subject of a leader column in the Times (£). And Legal Futures ran a story. Blaming the Legal Aid Agency for a contracts fiasco that left several firms not knowing whether they would be able to deliver face-to-face civil legal aid services is unfair, the agency's chief executive told the Legal Aid Practitioners Group's annual conference. Richard Miller, the Law Society's head of justice, told the conference that the Society will be meeting the agency this month 'to review what happened, what went wrong, why, what can be done in future to make sure it does not happen again' and report back 'in due course'. Full report in the Gazette. Junior criminal defence advocates will have “little incentive” to remain in practice under the government’s revised legal aid pay scheme, I said in response to the MoJ’s consultation. Report in the Times (£). Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: Standard of Proof We submitted our response to the SDT’s standard of proof consultation. Our response explains why the Tribunal should retain the criminal standard of proof, so an innocent solicitor's career will not be ended if the Tribunal is not sure of the facts. SRA reporting We submitted our response to the SRA’s Reporting Concerns consultation. Our response argues that the system should be suitable for the entire profession, from sole practitioners to larger firms. For the system to operate effectively, it is in the best interests of the public, our members and their clients that the reporting process is clearly defined and easily understood. International conference of legal regulators Paul Wilson, head of regulatory affairs, represented the Law Society at the annual international conference of legal regulators: https://iclr.net/conference/netherlands2018/. Parliamentary The counter-terrorism and border security bill had its second reading in the House of Lords on Tuesday 9 October. We briefed selected peers on concerns around the erosion of protections for legal professional privilege and access to confidential advice from a lawyer. Lord Faulks and Lord Kirkhope of Harrogate both cited our concerns in this area. The Law Society was mentioned three times during justice oral questions in Parliament on Tuesday. Shadow justice minister Yasmin Qureshi called on the government to support our call for an independent review of the viability of the criminal justice system, and Labour’s Bambos Charalambous used a question drafted by us regarding our early advice campaign. During her response, Justice Minister Lucy Frazer QC noted a recent meeting with the Law Society. On Tuesday the chair of the Law Society’s mental health and disability committee (MHDC) attended a Labour roundtable with other stakeholders in the sector on the mental capacity (amendment) bill. Labour attendees included Barbara Keeley MP, shadow cabinet minister for health and social care, Baroness Thornton, shadow minister for health and Paula Sheriff MP, shadow minister for mental health. On Wednesday, MHDC member Nicola Mackintosh QC met with Conservative peer Baroness Barran to discuss our concerns about the bill. Speeches Vice president Simon Davis spoke at our national property law conference on Wednesday. He also spoke at the launch of the mindfulness business charter on world mental health day. Our influencing work internationally: From 8-12 October, I attended the IBA annual conference in Rome. I spoke on a panel or provided the keynote at a number of events at the conference which included ‘the law office of the future’, ‘women lawyers’ role in access to justice’, ‘redress for AI errors’ and the showcase session with the Chancellor or the High Court on ‘the tech revolution and ethics’. I also hosted a large and successful women in leadership in law roundtable attended by women from more than 10 jurisdictions. I attended with Robert Khan, Stephen Denyer, Mickael Laurans, Virag Martins, Robert Hesslet, Lucy Scott-Moncrieff and David Greene. We attended committee meetings, bilateral meetings and networking events. We also hosted a Brexit roundtable for partners of law firms. Also on 8 October, the international human rights policy adviser organised a roundtable on Guatemala and lawyers at risk. Participants were an indigenous leader from a Maya community in Guatemala and representatives from Peace Brigades International, Amnesty International, The School of Advanced Study (University of London), Prisoners of Conscience, the all-party parliamentary group on human rights, and Sue Willman of the Law Society human rights committee. On 9 October, Helena Raulus, head of Brussels office participated in the discussions at Open Europe's think tank roundtable with Hermione Gough, director UK-EU Partnership at UKRep. Supporting members at every stage of their career We've now published ‘Your professional body – the value of your membership’ aligned to the member offer. It clearly shows how we influence for impact and promote the profession. It also showcases the services we offer to support practice excellence, keep members up to date, and as a career companion. All new members will receive a copy in the post. Bullying and sexual harassment in the legal profession The International Bar Association is conducting a global survey on bullying and sexual harassment in the legal profession. To date there have been almost 4,000 responses from more than 115 jurisdictions. The survey is anonymous, available in six languages and takes just 5-10 minutes to complete. It closes on the 26 October. You can access the survey here. Every response is valuable and contributes to a better data set. Some of our upcoming events are: Solicitor Judges Division Seminar: Breaking down barriers The lack of solicitors appointed to the judiciary, and the reasons behind this, is the talking point of the solicitor judges division conference this autumn. Apprentice seminar: working in a law firm Just started your apprenticeship in a law firm or in-house? This seminar will provide an introduction to the legal sector and to working in a law firm. Graham Turnbull lecture 2018 Each year, law students, trainee solicitors, pupil barristers and junior lawyers (current, prospective or in between stages) are invited to enter our annual Graham Turnbull essay competition. The title of the 2018 essay is: ‘Is technology an opportunity or a threat for human rights lawyers? Does it increase or reduce risks for lawyers in carrying out their duties and in what circumstances might technology be used to mitigate such risks?’ Supporting practice excellence Competition Section seminar: UK national security and investment law reforms On November 13th Davina Garrod (Partner, Akin Gump LLP) and a senior director at the UK Government’s Department of Business, Energy & Industrial Strategy (“BEIS”), will present on the proposed new UK National Security & Investment Law. International Human Rights Day seminar: "Criminalisation of lawyers and human rights defenders" This seminar aims to shed some light on different forms of criminalisation, from the use of sedition laws in Malaysia, to INTERPOL listings of Turkish lawyers, misuse of the European Arrest Warrant, violation of fair trial guarantees, and the systematic interference by governments with HRDs' work in countries like Azerbaijan. Local media panels We are trialling a new initiative in some of our regions, and we’d like our members to get involved. We’re working with local media to help raise the profile of the important work solicitors do to assist people in their everyday lives and to help consumers understand their day-to-day legal needs. Local media panels will be set up in three areas of England and Wales. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk 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.
Here are some highlights from our work last week. Influencing on behalf of the profession and promoting the profession The Law Society’s media profile last week: National and regional BBC bulletins covered our concerns about the criminal legal aid means test. Those reports were followed with Guardian, Gazette, and About Manchester coverage of our submission to the MoJ review of the 2012 Legal Aid, Sentencing and Punishment of Offenders Act. Meanwhile, the FT Weekend Magazine had access to justice on its front cover as part of a detailed report which drew heavily on Law Society information. My article for the Barrister magazine highlights the ubiquity of algorithms and artificial intelligence (AI) whether in the GPS in our smartphones or medical diagnostics and how their role is growing in the justice system. One in three law firms was targeted by cyberscammers in 2017-18 and while only 6% of scams resulted in a data breach and just 3% led to financial loss we warned firms not to be complacent. The data which comes from our latest PII survey, was reported on in the Gazette, Times (£) & Legal Futures A fully interconnected international legal profession is an essential part of a globalised world, I said as legal dignitaries marked the opening of the legal year. Report in the Gazette. Every couple in England and Wales will in future be able to choose between a civil partnership and marriage when they formalise their relationship, the prime minister has announced. Responding I said: “The law needs to catch up with, and reflect, the multiple ways in which people choose to live their lives today.” Coverage in the Guardian, Gazette, Times (£) & FT (£) Solicitors from less affluent backgrounds are struggling to move up the ranks in their firm because they try too hard to fit in to the culture, for instance, by toning down their accents, social mobility research by the Bridge Group suggests. Commenting on the report, Simon Davis, the Law Society's vice president, said the potential advantages of increased socio-economic diversity in the law will never happen without a corresponding commitment to inclusion. Report in the Gazette and in Today’s Conveyancer. Just one third of small firms are aware they are approaching a cliff edge in relation to long-term run-off cover, and they are the part of the profession most likely to suffer if they have not arranged a suitable substitute. I commented: “We have been warning about the potentially serious implications of the loss of SIF for many years.” Coverage in Insurance Times, Today’s Conveyancer & Inside Conveyancing. Law firms face a tight turnaround to publish price and service information for consumers and small businesses, the Law Society of England and Wales has warned after the Solicitors Regulation Authority published guidance on regulations coming into force in December. Details in the Gazette. Any hope the Supreme Court would quickly tackle outstanding questions surrounding legal professional privilege were dashed this week when the Serious Fraud Office said it would not appeal last month’s Court of Appeal judgment in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation. The Law Society successfully intervened in the appeal to protect the principle of legal professional privilege. Mark Paulson, the Society's head of public and criminal law, said: “It can surely be only a matter of time before Three Rivers is tested. In the meantime, this was an important win.” Report in the Gazette. Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: Conservative Party Conference The Law Society hosted a reception for around 80 representatives of the legal profession on the Monday evening. Lord Chancellor David Gauke, chair of the Bar Council Andrew Walker QC and chair of the Society of Conservative Lawyers, Victoria Prentis MP, gave short speeches alongside our vice president Simon Davis. Also in there were Solicitor General Robert Buckland QC MP, chair of the Justice Select Committee Bob Neill MP, and co-chairs of the APPG on Legal and Constitutional Affairs Jonathan Djanogly MP and Lord Hunt of Wirral. I held five meetings on the Tuesday of conference, including with Justice Minister Lucy Frazer QC MP, CBI director General Carolyn Fairbairn, Tory member of the Foreign Affairs Committee, Bob Seely MP, director of the think-tank Justice Andrea Coomber, and officers of the Birmingham Law Society. I also took part in three fringe events on the Tuesday, focusing on: - Technology, and the legal and ethical implications of artificial intelligence - The fundamental components of a fully-functioning justice system (with Lucy Frazer) - Brexit, foreign policy and global Britain. Opening of the Legal Year The Opening of the Legal Year was attended by more than 100 international representatives from over 30 countries. In addition to the ceremony at Westminster Hall, presided over by the lord chancellor and lord chief justice, the Law Society and Bar Council hosted a series of joint events including:
During the Opening of the Legal Year, I was delighted to renew our Memorandum of Understanding (MOU) with the Law Society of Singapore (LSS) which the LSS president, Gregory Vijayendran, signed. We first signed a MOU with the LSS in 2003. This MOU provides a way for us to reaffirm and continue our engagement with the LSS, which is an important international partner. During the meeting, the president of the LSS and I discussed a number of developments in both our regions and the potential for collaborative activities. We look forward to continuing to work closely with the LSS. I was also grateful of the opportunity to renew our Friendship Agreement with the Dai-Ichi (Tokyo) Bar Association. I met the executive vice president of the Dai-Ichi Bar Association, Tsuyoshi Dai, and member Ms Emiko Maki. We first signed a friendship agreement with the Dai-Ichi Bar in 2003, which we renew every five years. The agreement forms the basis for our cooperation. We have a long-standing relationship with the Dai-Ichi Bar Association and its member firms, allowing us to offer increased networking opportunities for our members, particularly those without a presence in Japan. Vice-president Dai and I discussed a number of issues in both jurisdictions, including the Law Society’s Women in the Law roundtables and current corporation legislation in Japan. I also met with the president of the Hong Kong Bar Association, Melissa K Pang, over the Opening of the Legal Year weekend to discuss the UK and Hong Kong government bilateral trade review known as the ‘Strategic Dialogue on Trade Partnership’. The legal sector is one of the sectors the UK government has focused on in-depth to identify and address any remaining barriers to the bilateral trade in services. We look forward to working together with the Law Society of Hong Kong and our respective governments on this initiative. Speeches I spoke at a Global Law Firms Conference on women in leadership at HSBC and at a LawShare Conference in Manchester on Thursday. On Friday, I spoke at the Legal Aid Practitioners Group Conference and hosted an event at the Law Society to celebrate Black History Month. Meetings with stakeholders On Wednesday, I met with the president of the Supreme Court, Baroness Hale, to discuss diversity in the legal profession and judiciary, court modernisation and England and Wales as a Global Legal Centre. I also met with the senior presiding judge, Lady Justice Macur on Wednesday. AGFS We are formulating a response to the AGFS consultation, having secured an extension to the consultation deadline of 12 October. We have engaged Professor Adams, who drafted a report which helped with the LGFS JR, to conduct research to inform our response. She has been analysing the data provided by the LAA. We have already released her initial findings about the £15m investment in the AGFS which garnered significant coverage on social media. The head of justice and I, together with a small group of criminal practitioners, attended a round table meeting with the Legal Aid Minister Lucy Frazer, to discuss the AGFS and the broader challenges facing the criminal defence profession. LASPO We have submitted our evidence on the review to the MoJ. It includes our LASPO 4 Years On review plus further reports on civil and crime means testing, our LASPO focus group’s findings and proposed amendments to the domestic violence regulations. Legal professional privilege: ENRC v SFO The SFO has withdrawn its application for permission to appeal to the Supreme Court. We are pleased that the SFO has accepted the Court of Appeal’s ruling and that the arguments put forward in our intervention have prevailed. Law Commission consultation on the Suspicious Activity Reporting regime We will be responding in due course to this consultation on the reporting of suspicious activity in order to seek a defence against money laundering or terrorist financing offences. Counter Terrorism and Border Security Bill We have prepared a briefing for the Bill’s Second Reading on 9 October. Migration Advisory Committee report on EEA migration in the UK We have been considering the implications for the legal sector of the highly-publicised MAC report: the recommendations for facilitating highly-skilled migration, abolishing the cap on the number of ‘Tier 2’ visas and the resident labour market test, and for maintaining the Tier 2 salary thresholds and the intra-company transfer route are all welcome. There will be very different impacts for other industry sectors. Our influencing work internationally: On the 28 September, I attended the Hong Kong Law Society’s Second Belt and Road Conference ‘The ABC to Building a Smart Belt and Road: Law and Artificial Intelligence, Blockchain and Cloud’. During the conference, I spoke in a session titled Cloud Stream on the Rise of Cloud and Machine Learning of Law and Regulations where I discussed the benefits and risks for lawyers and clients using cloud, and the challenges against quicker cloud adoption, ethical and practical challenges of big data, and machine learning of law and regulations. From 2nd to 4 October, Helena Raulus, head of Brussels office and Anna Drozd, EU policy adviser were in Geneva for the WTO Public Forum. Helena and Anna met with the following missions to the WTO: UK, Australia, Mexico, EU, US, Chile and Japan. They also met with WTO director General Roberto Azevedo and with Martin Roy, counsellor in the Trade in Services Division of the WTO Secretariat. On 4 October, the Brussels office with the UK Mission and Argentina Mission to WTO organised a workshop on ‘Cross Border Professional Services in the Digital age: Why Domestic Regulation matters?’. Supporting members at every stage of their career We've now published ‘Your professional body – the value of your membership’ aligned to the member offer. It clearly shows how we influence for impact and promote the profession. It also showcases the services we offer to support practice excellence, keep members up to date, and as a career companion. All new members will receive a copy in the post. Bullying and sexual harassment in the legal profession The International Bar Association is conducting a global survey on bullying and sexual harassment in the legal profession. To date there have been almost 4,000 responses from over 115 jurisdictions. The survey is anonymous, available in six languages and takes just 5-10 minutes to complete. It closes on the 26 October. You can access the survey here. Every response is valuable and contributes to a better data set. Some of our upcoming events are: The Disappearance of Miss Bebb; celebrity play reading and conference The Birmingham Law Society, the University of Birmingham, The Kalisher Trust and The Ideas Foundry have united to create a day event inspired by the Bebb v Law Society case. London Law Fair 2018: Promoting access to a diverse legal profession The London Law Fair is the only national recruitment event specifically designed to encourage a more diverse range of entrants into the legal sector. Graham Turnbull lecture 2018 Each year, law students, trainee solicitors, pupil barristers and junior lawyers (current, prospective or in between stages) are invited to enter our annual Graham Turnbull essay competition. The title of the 2018 essay is: ‘Is technology an opportunity or a threat for human rights lawyers? Does it increase or reduce risks for lawyers in carrying out their duties and in what circumstances might technology be used to mitigate such risks?’ Supporting practice excellence Competition Section seminar: UK national security and investment law reforms On November 13th Davina Garrod (Partner, Akin Gump LLP) and a senior director at the UK Government’s Department of Business, Energy & Industrial Strategy (“BEIS”), will present on the proposed new UK National Security & Investment Law. Adopting a paper lite strategy for sustainable business advantage This webinar is free for all members maintaining compliant legal processing tasks. When systems aren't integrated, case handlers must spend time searching for documents and content, rather than applying that knowledge to handling the case. To overcome these challenges, law firms need to move away from slow and costly paper driven processes and look to automate them through technology. Local media panels We are trialling a new initiative in some of our regions, and we’d like our members to get involved. We’re working with local media to help raise the profile of the important work solicitors do to assist people in their everyday lives and to help consumers understand their day-to-day legal needs. Local media panels will be set up in three areas of England and Wales. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk 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.
Here are some highlights from our work this week. Influencing on behalf of the profession and promoting the profession The Law Society’s media profile this week: The Guardian ran an editorial on Monday calling on legal aid cuts to be reversed and cited our judicial review of the government’s LGFS decision. The SRA’s deregulation proposals were sent to the LSB and our response to the proposals was covered in the Gazette, Today’s Conveyancer, Legal Futures & New Law Journal I was quoted in the Times calling for more coherent tax laws as consumers are losing out due to increasingly complex rules. Kieran Bowe from the wills & equity committee and Sarah Dwight from the conveyancing and land law committee were also quoted. Criminal law committee member Greg Stewart was quoted in another seven regional papers on the recidivism of young offenders including the Telegraph & Argus, St. Helen’s Star, Runcorn and Widnes World, Kent Messenger, Barry and District News, Cambrian News & Salisbury Journal Council member Peter Wright spoke to the Daily Telegraph about firms cybersecurity responsibilities under the new Data Protection Act. I was quoted in Legal Week discussing contingency plans for Brexit, including solicitors registering in Ireland. This story also ran in American Lawyer. Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: LGFS We won the judicial review brought against the Government and as a result the LGFS regulations have been quashed. Our case was won on both procedural unfairness and irrationality. Further details are set out in our press release. Family law Penny Scott, chair of the family law committee, has co-signed a letter from Resolution calling for the Government to introduce legal protections for cohabiting couples. The letter will be published in the Guardian on 18th August, the most popular date for weddings in 2018. HMCTS court access pilot On 9th August, HMCTS announced a pilot scheme for speeding up access to courts for lawyers. The courts taking part in the pilot are Brighton Magistrates’ Court, Maidstone Combined Court; Southwark Crown Court, Tameside Magistrates’ Court and Wood Green Crown Court. Local court managers will be contacting firms in those areas about how to register for the pilot, which will open in September. Public order offences guidelines We responded to the Sentencing Council’s consultation on guidelines for public order offences. Our response welcomes the clarification that being under the influence of alcohol or drugs is an aggravating factor and comments on the aggravation of other offences in the context of a riot. We also comment on the need to avoid ‘double counting’ where additional offences are charged. Our full response is available here. Parliamentary Parliament remains closed for the summer recess until September. Meetings On Wednesday, Deputy Vice President Simon Davis attended a roundtable with Exiting the EU Minister Suella Braverman MP to discuss the recently published White Paper on legislating the Withdrawal Agreement. Wales The Wales Office hosted the annual National Eisteddfod lecture last Thursday at the Senedd in Cardiff. Professor Elwen Evans QC, head of the Hillary Rodham Clinton School of Law at the University of Swansea delivered the lecture on the future of legal practice in Wales. Professor Evans is a member of the Commission on Justice in Wales, which has been set up as an independent commission to review the operation of the justice system in Wales and set a long-term vision for its future. It is considering access to justice, jurisdictional arrangements, legal education and the Welsh legal services sector. It will report in 2019. Solicitor judge Hywel James introduced Professor Evans. Our influencing work internationally: This week I travelled to Singapore and Malaysia. We met with the British Deputy High Commissioner to Singapore Alexandra McKenzie. We organised two roundtables on Women and the law. We also visited the Singapore Supreme Court technology courts and Singapore Ministry of Law. I had a meeting with the President of the Malaysian Bar Council George Varughese. I chaired a panel discussion on Global Britain: Trade between the United Kingdom and Asia Post Brexit. We met our members in both jurisdictions to review our work and international strategy in the region. Supporting members at every stage of their career Some of our upcoming events are: Junior Lawyers Division forum: career development skills for junior lawyers The forum is a full-day event involving a series of presentations on various aspects of legal practice and career management. It will be followed by a networking drinks reception. Mental Health First Aid Course - Wales, 3-4 October 2018 Mental Health First Aid (MHFA) is a 12 hour interactive course over two days that qualifies you as an MHFA trainer. Through a mix of group activities, presentations and discussions, each session is built around a Mental Health First Aid action plan. Everyone who completes the course gets an MHFA manual to keep and refer to whenever they need it, and a badge and certificate to say they are an MHFA trainer. Careers: Growing your client base - harnessing the power of word of mouth This workshop is designed to assist partners and fee earners on how to develop new business through referrals. Referrals are a great source of new business. Yet most firms or indeed individuals do not actively seek them, this is a missed opportunity as referrals are one of the most cost-effective ways to win new clients and new work. Supporting practice excellence Risk and Compliance autumn conference 2018: the changing face of compliance Join us in Leeds to gain knowledge, practical advice and guidance on how to safeguard your firm against the changing risk and compliance landscape. The conference will provide practical support for those responsible for managing risk and compliance, looking at the topics that matter to you. Small Firms Division annual conference 2018 The Small Firms Division is dedicated to meeting the needs of all smaller legal businesses, including sole practitioners. The Division's flagship annual conferences will take place in London and Leeds, and will provide practitioners with a half-day of small firms-focused conference sessions, practical tips and networking opportunities. National property law conference 2018 Changes in regulation, the increase of cyber-crime attacks and the uncertainty of the economy and property market are likely to affect the conveyancers and property practitioners in the next 12 months. This is the conference designed to give you the tools and support to help you overcome these difficulties. As always, please feel free to share this update with your members unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk 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.
Here are some highlights from our work last week. Influencing on behalf of the profession and promoting the profession The 6pm news on BBC Radio 4 was one of many broadcast bulletins to cover the Law Society’s High Court victory on Friday, August 3rd, when changes to the Litigators Graduated Fee Scheme (LGFS) were ruled to be unlawful and were overturned. Head of justice Richard Miller was interviewed after the high-profile ruling and soundbites were aired on BBC Radio 6 Music and twenty-four regional BBC radio channels. BBC One Breakfast Television also reported on the judgment on Saturday morning. Meanwhile, I was quoted in The Times, Financial Times, Guardian, Morning Star, Yorkshire Post, Northern Echo, Daily Post and Oxford Mail, Scottish Legal News, New Law Journal and Counsel Magazine. The Independent reported on the news that the Home Office is imposing non-disclosure agreements (NDA) on at least one victim of the Windrush scandal. It drew attention to a Law Society warning that anyone who tried to reach an agreement with the Home Office without independent legal advice “could be denied justice”. Law Society Council member and member of the technology and law committee Steve Kuncewicz spoke to Eddie Mair on BBC Radio 4 PM about Apple’s decision, among others, to remove podcasts from American right-wing site Infowars. Wills & equity committee member Kieran Bowe spoke to BBC Radio Surrey on August 8th to talk about the reasons to make a will as well as answer listener questions around making a will. Former Law Society criminal law committee member Greg Stewart was quoted in approximately fifty local newspapers this week in a report focusing on juvenile crime and youth reoffending rates. Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: Campaigns Early advice campaign - over 100 people have now written direct to the Lord Chancellor in support of our early advice campaign, using our online template. This is a different action to the one focused on writing to local MPs, which is now closed and had 567 participants. You can write to the Lord Chancellor on our website here: https://lawsociety.e-activist.com/page/26570/action/1 LGFS We won the judicial review we brought against the Government and the LGFS regulations have been quashed as a result. Our case was won on both procedural unfairness and irrationality. Read our press release here. AGFS The Lord Chancellor has responded to our letter with an apology for not including the Law Society in discussions with the Bar Council and CBA on the AGFS. Court modernisation We have submitted our comments to HMCTS on the second draft of the Evaluation Framework for the Flexible Operating House Pilot. QC appointments We responded to the Queen’s Counsel Appointments consultation on proposed changes to the current QC appointments process. The response deals with two consultations issued by the QCA entitled 'QC Appointment Scheme - Listing of cases and assessors' and 'QC Appointment Scheme - Integrity, Character and Conduct'. Our response bears careful consideration of the existing process for the appointment of QCs and guidance for applicants which explains the approach taken by the selection panel at present. The Society supports proposals that the QC appointments process should increase the diversity of those appointed as a QC and is supportive of mechanisms being put in place to try to ensure a level playing field in relation to both listing of cases and matters of integrity, character and conduct. HMCTS Court Access Pilot On 9 August, HMCTS announced a pilot scheme for speeding up access to courts for lawyers. The courts taking part in the pilot are Brighton Magistrates’ Court, Maidstone Combined Court; Southwark Crown Court, Tameside Magistrates’ Court and Wood Green Crown Court. Local court managers will be contacting firms in those areas about how to register for the pilot, which will open in September. Our influencing work internationally: I have been at the American Bar Association Annual Conference in Chicago this past week, attending a wide range of meetings with the leadership of the ABA and the ABA Section of International Law and foreign bar leaders. We also organised three roundtables on Women in Leadership in the Law and I spoke at three events on women in the law. Lizzette Robleto de Howarth and Roberta Taveri are attending the annual conference of the Law Society of Kenya and organising a roundtable on International Women and the Law. Supporting members at every stage of their career We've now published “Your professional body – the value of your membership” aligned to the member offer. It clearly shows how we influence for impact and promote the profession and showcases the services we offer to support practice excellence, keep members up to date be a career companion. Some of our upcoming events are: Junior Lawyers Division forum: career development skills for junior lawyers - 8 September, London The forum is a full-day event involving a series of presentations on various aspects of legal practice and career management. It will be followed by a networking drinks reception. International action team training This training session will focus on the basics of international human rights law and the process of writing intervention letters. The training will also address the basics of human rights institutions and procedures at the United Nations level and regional human rights systems. We will also consider the issues that should be taken into account in drafting intervention letters as well as other means of intervention. This training is only open to members of the Law Society’s International Action Team (IAT). Future of Law lecture: Tackling bribery and corruption domestically and internationally We invite subject matter experts to explore the most pressing legal questions facing the profession and aim to bring together leaders from across the legal profession, members, policy makers and key stakeholders to discuss how to maintain a successful legal services sector for the future. Supporting practice excellence We have just released the shortlist for the 2018 Excellence Awards. We received a fantastic response to the Excellence Awards this year; nominations increased by 49% from last year and visits to the Excellence Awards landing page on our website went up by 73%. The winners will be announced on Wednesday 17 October at the striking new venue of Grosvenor House Hotel on Park Lane, London where our guests will hear from host Mishal Husain, key note speaker Funke Abimbola MBE and myself. Future of Law lecture: Current challenges to the rule of law in the UK with Dominic Grieve QC MP Dominic Grieve QC MP, former Attorney General will be our key speaker for this lecture and will talk about the current challenges to the rule of law in the UK and what the legal profession can do to uphold and defend it. Cybersecurity, corruption and threats to business certainty have been reported as imminent threats and this lecture will explore how the legal profession can contribute to tackle them. Property Section workshop: risk and negligence in property transactions - problems and pitfalls for practitioners As the residential property market slows and returns on commercial property are threatened by the decline of the High Street, the risk that property owners will look to the professionals who advised them to recoup their losses returns. Hardwicke Chambers up and coming book: Risk and Negligence in Property Transactions, is therefore timely. Commissioned and published by the Law Society, this title identifies the problems, pitfalls and risks faced when acting for the buyer, seller or lender, possibly giving rise to a liability in negligence. To learn more about this, join the John de Waal QC and other contributors of the book for an interactive and practical breakfast workshop in which they will share and discuss some of their insights. Civil Litigation Section autumn conference: It’s a risky business This year’s Civil Litigation Section autumn conference will focus on risks that litigators face with the aim of equipping event attendees with the knowledge to manage such risks. As always, please feel free to share this update with your members unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk Our next committee meetings will take place at Hunt & Coombs Solicitors, Peterborough on 15 August 2018 and 10 October 2018.
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.
Here are some highlights from our work last week. Influencing on behalf of the profession and promoting the profession The Law Society’s media profile this week: The Guardian, Independent & The Times all covered a report by parliament’s joint committee on human rights, chaired by Harriet Harman. Echoing our campaign, it found Legal Aid “deserts” have emerged as lawyers withdraw from services that are no longer financially viable, leaving many people unable to obtain access to justice. I’m quoted saying: “Legal aid is truly a lifeline for the vulnerable. We welcome the fact the committee took our evidence on board regarding the impact that changes to legal aid in 2012 have had on the ability of individuals to access justice, and the detrimental impact of the legal aid cuts on wider society.” The decision to postpone reform of the personal injury market has been met with unanimous approval - even from the insurers baying for change. We were among the voices welcoming the delay. Report in the Gazette The judicial review brought by the Law Society on cuts to fees for solicitors doing criminal work was reported in The Guardian, Gazette & The Times. A ruling is due in September. Full report in the Gazette. Women are still being cross-examined in courts by their abusers because the government has failed to fulfil its pledge to reform the law. Resolution joined the Law Society and Women’s Aid in demanding that ministers ban the practice. Report in The Times, p.2 (subscription required). The Solicitors Disciplinary Tribunal has opened a consultation on replacing the current criminal standard of proof required for proving guilt. A spokesperson for the Law Society of England and Wales said: “To help us prepare for this consultation, we sought our members' views on the standard of proof at the Solicitors Disciplinary Tribunal so that we continue to reflect the views of our membership in our policy position.” Full report in the Gazette plus coverage in Legal Futures Council’s July meeting was reported in the Gazette. Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: Parliamentary The Law Society was cited 10 times in a report by the Public Accounts Committee on the ‘transformation of courts and tribunals’. The report is highly critical of HMCTS. We were also cited seven times in a report by the Justice Select Committee on failures in disclosure of evidence in criminal cases. The report argues there is a lack of leadership which is driving the failures in disclosure. The Joint Committee on Human Rights report on ‘attitudes to enforcement of human rights’ and legal aid also made use of our evidence raising concerns on access to justice related issues. Meanwhile the Law Society was name-checked three times during a Westminster Hall debate on domestic abuse and the family courts. The government has announced that proposed changes to the small claims limit for personal injury cases have been delayed by a year to April 2020. We have welcomed the delay, and urged the government to reconsider the proposals (see Media above). The All Party Parliamentary Group on Legal and Constitutional Affairs had a successful second oral evidence session as part of its inquiry on the effects of Brexit on the legal services sector. Three peers attended the session. The Law Society provides the secretariat to the group. I hosted a women in leadership in law roundtable in the House of Lords. Attendees included the House of Commons Deputy Speaker, Dame Eleanor Laing MP and shadow attorney general, Baroness Chakrabarti. Campaigns A social media ‘thunderclap’ took place to promote our early advice campaign and encourage people to write to the lord chancellor using our online tool. 223 people took part in the ‘thunderclap’, sharing our message with their combined 402,018 followers. Meetings I met the lord chancellor and the lord chief justice. I also had an introductory call with the new attorney general. I met Lucy Fraser MP and Nick Hurd MP to discuss Grenfell. Vice president Simon Davis and I met the Joint 5 local law society members this week and discussed presidential year plans. Our influencing work internationally: On 16 July, Eoin Lavelle, EU policy adviser, attended a roundtable discussion on the UK’s future relationship with the EU organised by the UK Permanent Representation to the EU. Katrina Williams, the UK deputy permanent representative to the EU, was chairing. On 20 July, Rita Giannini, EU policy adviser spoke at the conference on “Rediscovering the EU Project in the light of the Brexit Referendum” at University of East London. Supporting members at every stage of their career Some of our upcoming events are: Webinar: Government funding for apprenticeships: An update from the University of Law This webinar gives an overview of the Government 90% funding available for training apprentices in small and medium sized law firms. Presented by the University of Law (formerly College of Law), this one-hour session will explain the reasons why it is an excellent opportunity for firms to utilise government funding to train employees, from support staff through to solicitor. Are you in a holding pattern with your career? Is hitting a plateau in your career a cause for complaint or complacency? It could be a reason for celebration.. Supporting practice excellence Lucy Scott-Moncrieff is crowdfunding to help drive a greater use of tech and tools to help those in most in need of legal advice and support. They’re going to launch a pilot with partner Toynbee Hall supporting immigration issues but they need additional funds - https://www.crowdjustice.com/case/the-jeanie-project/ She writes: “Cuts to legal aid mean that fewer people are able to access legal advice or representation, and many people with legal problems don’t know where to turn. But you knew that. We think we have a potential solution, using the ground-breaking technology KIM, but we need your help.” Private Client Section: elderly and vulnerable client care conference 2018 Designed specifically for private client practitioners dealing with the unique challenges of elderly and vulnerable clients, we have brought together lawyers, health and social care experts, policy makers, academics and charity representatives to share their expertise on this complex area. Commercial litigation conference 2018 The Small Firms Division is dedicated to meeting the needs of all smaller legal businesses, including sole practitioners. The division's flagship annual conferences will take place in London and Leeds, and will provide practitioners with a half-day of small firms-focused conference sessions, practical tips and networking opportunities. Law Management Section finance and business forum 2018 Registration is open to book your place at this year's Law Management Section finance and business forum. As always, please feel free to share this update with your constituents unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk 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.
Here are some highlights from our work this week. Influencing on behalf of the profession and promoting the profession The Law Society’s media profile this week: Law Society Gazette ran an interview with me this week to mark the start of my presidency. Among its focuses are my ‘gender agenda’ which is “auspiciously timed, as the #MeToo campaign and mandatory gender pay gap reporting keep the plight of professional women in the foreground”. It goes on: “As Blacklaws points out, women have accounted for over 60% of newly qualified solicitors since 1990 and yet only 28% of partners currently in private practice are female.” New Law Journal also covered my inauguration. A £170m flagship court to deal with economic crime is to be constructed in central London. The Law Society welcomed the new court but warned that its fees and those charged by London’s other international dispute resolution courts will need to become more competitive ‘if our jurisdiction is to continue to attract commercial parties from across the globe’. More details in the Gazette plus New Law Journal. How many of your clients know what would happen to their digital assets after death? Is it something they’ve ever thought about? Would many even know what was meant by a digital asset? These were among the questions addressed by the head of the Law Society’s wills & equity committee, Ian Bond, whilst speaking at the annual national Solicitors for the Elderly conference held last month at the British Library. Full story in Today’s Wills & Probate Barristers and solicitors will be given electronic ID cards to allow them to bypass onerous security measures in place at courts around the country. Both the Law Society and Bar Council have confirmed a pilot scheme is ‘very likely’ to take place next month at a select group of courts. If successful it could be rolled out nationally. I’m quoted saying: “We have been speaking to HMCTS officials about the delays our members face in clearing security and we support the plans for a pilot scheme. It is clear that improved access for regular court users could lead to efficiency improvements and this will benefit the court service, and lawyers alike.” More details in the Gazette & The Times (subscription required) The government’s Brexit White Paper was met with a cool reaction in the City, as it failed to clarify ambiguity around the status of professionals. The paper rejects City firms’ preferred option of ‘mutual recognition’. In a terse statement, lobby group TheCityUK, said: “The overriding issue for financial and related professional services firms is the ability to continue serving customers and clients. Mutual recognition would have been the best way to achieve this. It’s therefore regrettable and frustrating that this approach has been dropped before even making it to the negotiating table.” Meanwhile I was quoted saying: “Ultimately the government will be judged on the outcome but today’s white paper is at least pointing in the right direction – however, the final deal will depend too on the priorities of the EU27. There is going to be a tough negotiation towards what looks like a free trade agreement. The white paper clearly states the benefits of civil judicial co-operation to both UK and EU and the fact businesses benefit from legal certainty in situations where disputes arise.” Full report in the Gazette. Other legal sector responses to the White Paper are covered in The Times (subscription required) Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter. Consultation responses and parliamentary activity, influencing on behalf of the profession: Justice The Courts and Tribunals (Judiciary and Functions of Staff) Bill was introduced into the House of Lords for its first reading to ‘make provision about the judiciary and the functions of the staff of courts and tribunals’. We recommend that across all courts and tribunals, those that are delegated judicial functions should be three-years post qualified as a solicitors, barrister or chartered legal executive and that this should be set out on the face of the Bill. We are inviting legal aid solicitors to participate in focus groups to explore the impacts of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The evidence will be submitted to a post-implementation review by the Ministry of Justice. The groups will be led by our head of justice, Richard Miller, and will run throughout the country. Our intention is to run two, one-hour, groups at each location relating to family and other civil work, and criminal work, respectively. Public and Criminal Law Our Technology and Law Policy Commission will hold its inaugural evidence session on Wednesday 25 July from 3:30pm. The Commission, led by me alongside co-Commissioners Sofia Olhede (UCL), Sylvie Delacroix (University of Birmingham) and guest Commissioner Andrea Coomber (Justice), will examine the use of algorithms in the justice system, the impacts on the rule of law, implications for data rights, and whether our human rights framework is fit for purpose. A cross disciplinary exploration, we will be taking evidence from academics, technology developers, law enforcement agencies, regulators, legal professionals, human rights experts and political science and ethics specialists. Council members and their constituents wishing to attend and observe a highly engaging session with global experts, can join here. Parliamentary On Wednesday I had an introductory meeting with the lord chancellor to discuss our key priorities. On Thursday the Government published its White Paper on Brexit – the future relationship between the UK and EU and was given a cautious welcome by the Law Society (see Media above). Stakeholder engagement I attended pre-Pride in London drinks in the bar at Chancery Lane, where we were joined by chief executive Paul Tennant, staff and members. The 70 attendees included representatives of the Bar, CILEX and other organisations and marched together as #Legal Pride, to show the legal profession’s support for its members and LGBT+ rights. The heads of the Bar Council, CILEX, myself, vice president Simon Davis and David Greene, led 100 #Legal Pride marchers under the banner ‘All are equal under the law’, prompting a great response from the crowd. We are marching in more regional Prides than ever and so next move on to Leeds, Manchester and Cardiff (having already attended Birmingham). Our influencing work internationally: On 9 July, we held a reception for Hon. Minister Prasad, cabinet minister for law and justice and electronics and IT in the government of India to mark his first official visit to the UK in his ministerial capacity. I delivered a speech calling for greater collaboration between the Indian and UK legal professions and drawing attention to the benefits a more open legal services market would bring to India. An audience of 49 members with significant India-related practices, barristers, UK and Indian government officials attended. The reception was jointly organised with the Bar Council of England and Wales. I was invited by the Indian High Commissioner to the UK, Y.K. Sinha to dine with Hon. Minister Prasad after the reception. On 10 July Helena Raulus, head of Brussels office, participated with Brexit Law Committee members on a roundtable organised by Justice Minister Lucy Fraser. We held an information session on European Lawyers’ practice rights under the draft EU-UK Withdrawal Agreement on 12 July. The seminar was followed by a networking reception. I chaired the session while representatives of the Law Society international team and Brussels Office along with the Solicitors Regulation Authority answered questions from practitioners. There were 120 registrations for the event. The Law Society vice president, Simon Davis, hosted a Brexit roundtable with key City firms to discussion temporary provision of services, advising on EU law and practice rights post-Brexit on 12 July. The roundtable was attended by 25 solicitors leading on Brexit at their firms. On 12 July, Helena Raulus spoke on the summer reception for RELs and European / international law firms in London. Supporting members at every stage of their career Some of our upcoming events are: Junior Lawyer Division Forum - Helping you to secure a training position - 6 October, London The Junior Lawyers Division is holding a free one-day skills event to assist LPC students and LPC graduates with their search for a training position. Black History Month – Preparing students for the legal profession - 11 October 2018 This exciting event for undergraduates aims to cover all aspects of preparing for a career in the legal profession, including tips on increasing your chances of success, completing applications and interview techniques. Black History Month Inspiration evening 2018 The annual Black History Month Inspiration evening brings together an impressive line up of inspiring lawyers. In a highly competitive profession which presents innumerable challenges we profile and celebrate lawyers who have faced and overcame obstacles on their professional journey. Judicial appointments: interview training for solicitors - 15 October 2018 - Bristol In view of increasing competition for judicial appointments, this interactive course will equip delegates with the skills to help enhance your application and interview performance. This workshop has been developed specifically for solicitor applicants but the content is relevant for anyone serious about submitting a credible judicial application. Supporting practice excellence Lucy Scott-Moncrieff is crowdfunding to help drive a greater use of tech and tools to help those in most in need of legal advice and support. They’re going to launch a pilot with partner Toynbee Hall supporting immigration issues but they need additional funds - https://www.crowdjustice.com/case/the-jeanie-project/ She writes: “Cuts to legal aid mean that fewer people are able to access legal advice or representation, and many people with legal problems don’t know where to turn. But you knew that. We think we have a potential solution, using the ground-breaking technology KIM, but we need your help.” Mitigating risk for in-house lawyers, 19 September 2018 - Manchester The role and approach of legal departments in identifying and managing risk is changing. With an increasing focus on the value proposition of the legal team within organisations, legal departments are having to be more strategic risk managers, gauging risk appetite to balance managing risk with creating value. Small Firms Division annual conference 2018 - London The Small Firms Division is dedicated to meeting the needs of all smaller legal businesses, including sole practitioners. The Division's flagship annual conferences will take place in London and Leeds, and will provide practitioners with a half-day of small firms-focused conference sessions, practical tips and networking opportunities. National property law conference 2018 Changes in regulation, the increase of cyber-crime attacks and the uncertainty of the economy and property market are likely to affect the conveyancers and property practitioners in the next 12 months. This is the conference designed to give you the tools and support to help you overcome these difficulties. As always, please feel free to share this update with your members unless otherwise specified. Kind regards, Christina Christina Blacklaws President The Law Society, 113 Chancery Lane, London WC2A 1PL twitter: @lawsocpresident www.lawsociety.org.uk Our next committee meetings will take place at Hunt & Coombs Solicitors, Peterborough on 15 August 2018 and 10 October 2018.
We are delighted to confirm we raised £847.50 for Marie Curie UK at our 88th Annual Dinner on Friday 13 April from our Charity Raffle. Kirstie, Ollie and Rebecca presented community fundraiser, Peter Sara, with the monies this week.  |
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