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.
The Law Society fire
I would like to begin this week's update with a thanks to all of you who sent us goodwill messages in the wake of last weekend's fire at the Law Society. I would also like to thank the many staff who rallied round as news broke, in particular the catering team, Tom Fothergill and Richard Hopkins and to pay tribute to the fire service.
The Law Society’s media profile this week
Despite having their office destroyed, the Gazette journalists were on hand to lead coverage of the fire followed closely by ITV, the Mail Online and 11 other publications. The morning after the blaze, CEO Paul Tennant said: “It is too early to comment on the cause of the fire or the extent of the damage but clearly we are extremely upset that this has happened to this wonderful and historic building.”
Coverage then continued through the week from the BBC, Legal Cheek, Canadian Lawyer, Law.com, Scottish Legal News, Roll on Friday, Australasian Lawyer. Global Legal Post, Legal Business and eight others.
On Wednesday, the CEO announced the Law Society’s doors were once again open – reported in the Gazette.
He said: “Today, just three days after the fire, our teams are back in 113, our doors are open and planned events and meetings are going ahead which is a testament to our staff and everyone who works with the Society.” Read the press release here.
The government this week announced the consultation for its review of pre-charge bail, following a high-profile campaign by the Law Society for reform – reported in the Guardian and Gazette.
Richard Miller, our head of justice, said: “Reform to pre-charge bail, though necessary, is just one piece of a much larger puzzle. If we want swift, fair and efficient justice we must invest in every aspect of our ailing criminal justice system. Otherwise, more crime may fall through the cracks of investigation and prosecution.”
I wrote a piece for the Times (£) about the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) a year on from the launch of its review.
“The legislation has had a devastating impact on access to justice… If people cannot get the help and funding they need to enforce their rights, then effectively those rights do not exist.”
The Times (£) explored the government’s plans for reforms to judicial review. I said: “Any proposals to change this system must be developed through consultation and subject to full scrutiny to ensure that ordinary people do not lose out because of a rush to reform.”
Following the terror attack by Sudesh Amman on Streatham High Road, The Times, The Press and Journal, BBC, The Telegraph, News Explored, The Dundee Messenger, Swindon Advertiser, Press and Journal, Financial Times (£), Metro, Daily Mail, The Week, Birmingham Live, Mirror and the Amed Post reported our position on government plans to introduce emergency legislation to make terror offenders serve longer in prison.
I said: “If the rules for some prisoners are now changed mid-sentence so that time on licence is actually spent in prison, there is greater chance those prisoners will want to appeal their sentences – further clogging up an already overloaded system.”
Helena Raulus, head of our Brussels office, spoke to the Press & Journal and 139 other local publications about how Brexit will affect immigration. She urged people to start researching immigration laws and allow plenty of time for long-term visa applications.
Helena was also interviewed by German broadcaster ARD along with Guy Verhofstadt.
Our vice president David Greene talked to the New Law Journal about the impact Brexit will have on litigation. He said: “The uncertainty of the outcome has been the most damaging aspect of Brexit. That uncertainty still exists because it remains to be seen what can be achieved in a very short transition period.”
Ian Kelcey, co-chair of our criminal law committee, appeared on a number of BBC outlets on Thursday talking about witnesses risking “self-incrimination” when giving evidence to the Grenfell inquiry. He was on BBC News Channel, BBC Radio LDN and BBC Radio Newcastle.
The FT (£) looked at the proposed increase to intestacy rates for spouses whose partners die without a will. “This increase is very welcome but many people are unaware that under intestacy laws, unmarried partners and close friends cannot inherit,” I said.
Gary Rycroft, chair of our digital assets working group, was on BBC Radio 4’s Money Box Live (from 19.30) talking about the need to update a will when marrying.
The Gazette explores judicial diversity in the wake of JUSTICE’s report I said: “We work closely with stakeholders including the Judicial Appointments Commission and the judiciary as well as with our members, to understand better the challenges faced by aspiring solicitor judges, and to support solicitors in preparation for the application process.” The Times (£) covered the same issue.
The Guardian and Yahoo! News reported on gender equality in the profession. More than half of respondents to our 2018 women in the law survey reported progress over the last five years. Former president Christina Blacklaws said: “With the increasing challenges to women’s rights across the globe, the position of women in law is as important as ever.” Read more on women in the law and our research here.
Law 360 continued coverage of our legal needs survey. The findings reveal that 64% of respondents have experienced a legal problem in the last four years and 57% did not personally pay for the service. I said: “This survey shows near unequivocal support for legal aid but as people do not understand which issues are covered or if they are eligible, many who should have publicly funded legal advice simply will not get it.”
The Telegraph reported judges will sit for extra days in a bid to ease court delays. They cited our research that on average a day of court time costs £2,692.
Polly Sweeney, co-chair of our mental health and disability committee, is cited in Wigan Today in a story about deprivation of liberty applications.
Do not forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter.
Public Law
Immigration
The Law Commission has published its report on the Simplification of the Immigration Rules, concurring with many recommendations made by the Law Society as highlighted in this blog post. The urgent need for reform was recognised, with many real-life experiences of our members being referenced in the final report.
Family
The Divorce, Dissolution and Separation Bill had its second reading in the House of Lords on Wednesday 5 February January. We will continue to monitor to the passage of the Bill and will provide further updates as appropriate.
We sent our response to the President of the Family Division’s Working Group on Medical Experts in the Family Courts. The consultation document confirms the nature and extent of the shortages of medical and other health professional is experts, identifies a wide range of causes and proposes solutions.
Criminal
We have responded to a Sentencing Council consultation on draft guidelines for the most commonly committed firearms offence. We welcomed the guideline overall, noting that it would enable criminal defence practitioners more accurately to predict likely sentences and advise their clients, and also commented on some aspects of the culpability and harm factors, as well as the suggested aggravating and mitigating factors. We also pointed out some of the difficulties that can arise following the death of a gun certificate holder, where the executor comes into possession of a firearm and may inadvertently commit an offence of possession without a certificate
Justice
Across the week, the Policy team started considering the implications of the case of JK v MK, in which an unregulated tech-based legal company presented a consent order to the court on behalf of both parties of a separating couple. It raises issues of conflict of interest, the appropriate use of technology, the limits of the reserved service of acting in litigation, and access to justice.
On Monday Richard Miller represented the Law Society at the Solicitor General’s Public Legal Education working group meeting and on Friday observed the Civil Justice Council meeting.
Along with Ellie Cronin I attended the Legal Support Advisory Group meeting, overseeing the work arising out of the LASPO Post-Implementation Review.
We met with the Access to Justice Foundation, to discuss ideas they have for increasing their funding income, met with PLP to discuss our ongoing work with them on access to justice test cases and attended the HMCTS Strategic Engagement Group meeting.
We also met with the Chair and vice Chair of the JLD as part of a series of introductory meetings to discuss how we can work more closely together on policy issues.
Justice Week!
Justice Week 2020 will take place from Monday 24th to Friday 28th February. The Law Society, Bar Council, CILEx are working with a wide range of others to boost the public profile of justice and the rule of law. Look out for more information soon.
As part of Justice Week, on Tuesday 25 February, The Law Society is assembling a 'Hacking Justice' team to help fix our crippled justice system. If you are a solicitor, barrister, programmer, student, professor or passionate about increasing access to justice, we need you! Prior to the start date you will be sent a brief, including the defined user group, user characteristics and problem statements. Sign Up Here.
Speaking engagements
On Thursday 6 January, deputy vice president I. Stephanie Boyce spoke to students from Canterbury Christchurch University and the University of Kent, at an event on the topic, Inspiring Women in the Law.
Parliamentary
This week I spoke at the first meeting of the year for the APPG on Legal Aid, and highlighted the Society’s concerns regarding the criminal justice system, legal aid deserts and access to justice. Other speakers at the event, chaired by Karen Buck MP, included former lord chancellor Lord Falconer, chair of the Justice Select Committee Bob Neill MP, and shadow minister for Justice Bambos Charalambous MP.
The Law Society was mentioned six times during a parliamentary debate on the use of release under investigation. The debate was led by Bambos Charalambous, and featured contributions from across the political divide. Following the Law Society’s campaigning work on the issue, the Home Office have announced a review and a consultation on pre-charge bail and the use of RUI.
That Law Society was mentioned ten times during the second reading for the Divorce Bill in the House of Lords by peers including Lord Marks (Lib Dem justice spokeperson in the Lords) and Baroness Chakrabarti (shadow Attorney General) and our parliamentary briefing was quoted extensively. We will be contacting peers ahead of the committee stage of the Bill.
The UK left the European Union on 31 January and have now entered a transition period governed by the Withdrawal Agreement. The Law Society has produced guidance explaining how the transition period will affect various areas of law, including citizens’ rights, intellectual property and mutual recognition of qualifications.
Our international work:
This week I attended the annual winter reception at our Brussels Office, welcoming members, European bar leaders and representatives from key European Union institutions. Didier Reynders, lawyer and EU Commissioner for Justice, delivered a keynote address drawing attention to recent threats to rule of law and independence of the judiciary in Poland.
The Brussels Office also arranged the following meetings:
Meeting with Marcus Schmitt of ECLA (European Company Lawyers Association)
Meeting at the British embassy with Alan Campbell, deputy head of mission as well as Mathieu Vanoverberghe (DIT) and Rhian Checkland, deputy head of political and public diplomacy section.
Meeting with Nicola Danti, member of European parliament (inta committee) to discuss future relationship, trade in services
Meeting with Lynsey Moore, director, EU division from Office of the Northern Ireland Executive in Brussels
Meeting with Alistair Robinson, legal counsellor; Hazel Cameron, JHA counsellor and Sujeevan Satheesan, 1st secretary, civil justice & fundamental rights and Tim Barrow at UK mission.
Meeting with Kiran Desai, EY Law as well as John Boyce, Slaughter and May to discuss the upcoming FTA negotiations from the Brussels perspective.
On Wednesday 05 February the Brussels Office hosted a breakfast meeting with office holders along with John Springford, deputy director of CER (Centre for European Reform).
The Brussels Team also accompanied office holders to meet Eugene McQuaid and Christiaan Smits at Freshfields and also Carsten Zatschler at EFTA Surveillance Authority and the Scottish Government Executive Office. The Brussels Team also accompanied office holders for a lunch meeting with Pascal Kerneis from ESF (European Services Forum).
Supporting members at every stage of their career
In-house Division Seminar: How to get the in-house career you want - Tuesday 11 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This event is focused on how you can get the in-house career you want.
Resilience and Wellbeing - Building personal resilience to cope with the demands of the solicitors’ profession - Thursday 13 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
In a recent Law Society survey of Junior Lawyers, 55% of women and 42% of men told us they regularly felt unable to cope, with almost two-fifths experiencing a mental health problem. High workload and demanding clients were behind many of the problems, and the resulting stress led to problems with family life and relationships.
Practising as, and dealing with, unregulated businesses and freelance solicitors - Webinar
13 February 2020 20% discount to risk and compliance
Unpausing the conversation on menopause - Tuesday 24 March, 2020
Join us on Tuesday 24 March to challenge taboos and erase the stigma around the menopause.
We’ll be joined by a line of fantastic speakers who will be discussing the menopause from a medical perspective and how the legal landscape is changing in regards to discrimination.
Book your place
Fighting for Your Rights Hackathon -Tuesday 25 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
On the 25th February 2020, The Law Society is assembling a Hacking Justice Team to help fix our crippled justice system in partnership with Access to Justice Foundation.
Supporting Practice excellence
Money Laundering Regulations 2020 - Webinar 11 February 2020 20% discount to risk and compliance.
Private Client Section: Older or incapable client double seminars, London - Tuesday 11 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
(See above)
Competition Section Seminar: UNCTAD - contribute to the future International competition enforcement framework, London -Tuesday 11 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This event will provide an opportunity to learn about the United Nations Conference on Trade and Development (UNCTAD) future plans for International competition enforcement and its framework. It will provide an opportunity for attendees to feedback on how this might work in practice; helping to shape UNCTAD’s final proposal. It will include a case study of how this might work in practice.
New Accounts Rules – How is it for you so far?- Webinar 20 February 2020 20% discount to risk and compliance
Capital markets in the 21st century 2020 - Friday 28 February 2020
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
We are delighted to announce that the sixth Law Society and American Bar Association capital markets conference will take place on 28 February 2020.
Keeping members up to date
We have a number of newsletters for members. Below is a list, along with links for signing up to them.
Newsletter
Sign-up method
Advocacy Update
Update My Law Society preferences
Anti-money Laundering Update
Law Society newsletter page
City Update
Contact the City relationship management team
Diversity & Inclusion Update
Update My Law Society preferences
In-house Forum
Update My Law Society preferences
International Update
Law Society newsletter page
Junior Lawyers Update
Law Society newsletter page
JLD sign-up page
Legal Aid Update
Law Society newsletter page
Professional Update
Law Society newsletter page
Risk & Compliance Update
Join the Risk and Compliance Service
Small Firms Focus
Contact the Small Firms Division
Solicitor Judges Update
Join the Solicitor Judges Division
Campaigns Update
Sign up to the Campaigns Update newsletter
Parliamentary report
Sign up to the Parliamentary report newsletter
You can also register for the Gazette daily update here.
As always, please feel free to share this update with your constituents unless otherwise specified.
Kind regards,
Simon
Simon Davis
President
The Law Society, 113 Chancery Lane, London. WC2A 1P