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Your weekly Law Society update 11 November 2019

13/11/2019

 
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.

Influencing on behalf of the profession and promoting the profession

The Law Society’s media profile this week

The Daily Telegraph, the Independent, the Daily Express, Solicitors Journal and Gazette report on the review of pre-charge bail. This follows our successful campaign raising concerns about the increasing number of people being released under investigation (RUI) following changes to the law in 2017. I was widely quoted saying: “Greater efficiency at the investigative stage is needed, though without wider investment we risk a bottleneck effect.”
 
Former chair of our criminal law committee, Malcolm Fowler, wrote a letter to the Guardian praising our work on RUI. He highlights the impact long delays can have on children in the youth justice system. Our work also featured in a piece for the Guardian series, Children in the Dock.

The Times (£) reported frustration from defence specialists as the Ministry of Justice announced a pay rise for criminal prosecution lawyers.
 
The Guardian and Yahoo! News reported decades of cuts and court closures have left the youth justice system in chaos. Greg Stewart, a former member of our criminal law committee, said there needed to be more investment into early intervention work in “really difficult” cases going to court.

The FT (£) and Legal Futures covered warnings the court modernisation programme might not be finished on time. They cited our concerns that moving more court systems online might disadvantage the less digitally capable.

The Gazette and Times (£) reported the criminal legal aid review has been delayed by the election. I said: “In light of our conversation with the Ministry of Justice, we understand that the review has been making good progress.”

Meanwhile, Bexhill-On-Sea Observer reported many Sussex courts are lying empty due to cuts in the justice system and changes around bail. They cited our research on the increasing number of criminals being released under investigation.

One of the most popular stories on the BBC News website this week asked whether a landlord had the right to control the thermostat in private rented housing. Daniel Fitzpatrick, member of council and the housing law committee, explained tenants’ rights to access to heating and hot water.
 
The Gazette covered proposals for devolution of the Welsh justice system – following last month’s report by the Commission for Justice in Wales. Head of the Law Society’s Wales office, Jonathan Davies, said: “The commission has made an important contribution with their vision for the future of the Welsh justice system.”
 
The Gazette, Barrister and  Solicitors Journal reported on pro bono week, which began on 4 November. The week, supported by the Law Society, is designed to provide an opportunity to encourage and recognise the voluntary contribution of lawyers in giving free legal help to those in need. I said: “I am immensely proud to belong to a profession that makes such a valuable contribution to society, and plays an important role ensuring everyone has access to justice, by providing free legal advice to those who most need it.”
 
Joy Merriam, a former council member, spoke to BBC Radio 5 Live (27:30) about the government’s plan to close a legal loophole which may allow drivers to use their phone to film, take photos or search playlists whilst driving.

The Daily Mail’s letters page advised a reader on what to do if they would like to take over as lay executor from their solicitor. They cited our guidance that firms should always consider their client’s best interests, including if a lay executor would be best placed to handle the estate.

The Gazette, Solicitors Journal and Risk-UK covered a research grant from the UK Economic and Social Research Council (ESRC) which will fund research on the social networks of key individuals in the legaltech world, and their “career trajectories and typical skillsets”, led by Oxford University, in partnership with the Law Society and others. ​

Coverage of Law Society Excellence Awards winners continued in Asian World,  Brighton and Hove Independent, Heart Northampton and Eastern Daily Press.
 
The Gazette, Legal Week, Lawyer Monthly and the Times reported former Law Society president Christina Blacklaws' move to an ambassadorial role at Big Four accountancy firm KPMG.  

The Solicitor’s Journal explored what the criminal legal aid crisis means for those entering the profession. They cite our research that in rural areas more than 50% of criminal duty solicitors are over 50.
 
Today’s Conveyancer covered the Law Society’s response to proposed conveyancing reforms. They cite our 2019 conveyancing protocol which requires conveyancers “recognise the value of making the process as transparent as possible”.
 
The Artificial Lawyer explored what could be done differently if lawtech was started afresh and cite our involvement with Barclay’s Eagle Labs project.

The Gazette also reported domestic abuse legislation will fall in the next election. I said: “Whoever the next government may be, we hope they will bring forward measures to prevent cross-examination by alleged abusers in the family courts.”

Don’t forget you can read all Law Society press releases by clicking on this link. For live updates follow us on Twitter.

Access to Justice
 
Justice Select Committee report
The Justice Select Committee released its report on the Court and Tribunals Reforms inquiry on 31 October. We welcome the report, which raises important concerns about the court modernisation programme. The Law Society's written and oral evidence to the inquiry was mentioned five times throughout the report. Whilst we broadly support efforts to improve court efficiency through better technology, there will be times when only a face-to-face physical hearing will deliver justice. If the rule of law is to be upheld, any reforms must ensure that everyone is able to access justice, regardless of their digital capabilities.
 
 Public Accounts Committee report
On 5 November the Public Accounts Committee published a progress review of HMCTS’ court modernisation programme. Richard Miller, the Law Society’s head of justice, provided oral evidence to the committee and the Law Society is mentioned 12 times in the final report. The report focuses on areas including the timeframe of the reform programme, court closures, value for money and communication with stakeholders.
 
Pro Bono Week
Pro Bono Week began on Monday 4 November and will close on Friday 8 November. This is part of a global celebration of pro bono that takes place every year. The week promotes and supports the work of lawyers who volunteer their services for free to people and organisations who couldn’t otherwise afford legal advice.
 
This year’s Pro Bono Week was launched at the Law Society on 4 November. CEO Paul Tennant welcomed guests to a panel discussion on human rights and pro bono chaired by Joshua Rozenberg QC.
 
The Law Society also hosted an in-house pro bono roundtable to launch guidance specific to in-house members on how they can carry out pro bono work. This guidance was developed in collaboration with LawWorks, The Collaborative Plan and the In-house Pro Bono Working Group.
 
Public Law

Immigration 
This week members of the Immigration Law Committee provided expert views to the National Audit Office for their forthcoming study of Home Office immigration enforcement activities.  

Private Client
The Wills and Equity Committee provided feedback this week to HMCTS on their proposed new probate forms. The committee had provided earlier feedback on the first round of drafts, which was taken on board by HMCTS. We look forward to the final forms being published in due course.
  
Regulation

Meeting with the SRA’s City team
We met with the SRA City Team last week as part of our regular engagement. Discussions focused on the profession’s preparedness for the forthcoming SRA handbook reforms, the development of the Solicitors Qualifying Exam (SQE), AML compliance and ongoing initiatives to tackle bullying and harassment.

Parliamentary
 
A note on communication during the pre-election period
 
As you will be aware we entered the pre-election period on Wednesday 6 November. During the election campaign the Law Society will need to be even more careful to ensure our political neutrality in the run up to 12 December. To assist council members and committee chairs, we have attached some short guidance on how we communicate during this period
Committee Chair Guidance for the General Election 2019
 
On Tuesday I spoke with the Lord Chancellor Robert Buckland QC regarding the criminal legal aid review. We had expected an interim set of announcements this month as part of the accelerated work in the criminal legal aid review. Due to the upcoming general election, anticipated announcements will not be able to take place in November as originally envisaged.
 
On Tuesday the Public Accounts Committee published a progress review on HMCTS’ court modernisation programme, raising concerns and making recommendations regarding the programme. The Law Society provided oral evidence to this inquiry, and we have been mentioned 12 times in their final report

Campaigns
 
Home Office announce RUI review
Following our high profile campaign and analysis investigation, it has been announced that the controversial practice of releasing suspects under investigation (RUI) is to be reviewed.
 
We have constituently called for time limits for RUI, which leaves suspects and victims in limbo. In October our analysis received coverage in over 115 outlets, including Channel 4 news, the Daily Mail, the Guardian, the Express and the Telegraph. Thank you to members who have helped with our campaign.

Speeches

The CEO spoke at Newcastle Law Society’s Annual Law Dinner on Thursday.

Our work internationally

On 5 November, the Brussels Office hosted a meeting with the Brussels Advisory group. Attendees were Rachel Bickler, Robert MacLean from Squire Patton Boggs, Kiran Desai from EY and Jonas Levermann from Freshfields.
 
From 5-8 November, I attended the annual LAWASIA Conference Harmonisation through Synergy in Hong Kong. As part of the conference programme, I spoke on at the plenary session on the topic of “Upholding of or Pursuit for the Rule of Law in Challenging Times?” and the in-house lawyers’ session “Legal Professional Privilege in In-House Environment – Local and International Challenges.”
 
As president, I sit on the LAWASIA council representing England & Wales. I attended the council meeting on Tuesday 5 November where we voted on members of the executive committee for 2019-2020. I wish to congratulate Melissa Pang of Hong Kong for her election as president-elect, and Justin Dowd of Australia, Steven Thiru of Malaysia and Shyam Divan of India for their election as vice presidents. During the council, I updated members on the latest developments in our jurisdiction, including: regulatory developments; anti-money laundering and financial crime; legal professional privilege; algorithms in the justice sector; Brexit and international trade; access to justice; and, last but not least, diversity and inclusion.
 
In addition to the conference, I attended the InnoTech Law Hub (ILH)’s fourth Community Roundtable organised by the Law Society of Hong Kong’s InnoTech Committee.
 
On Friday 8 November, I co-chaired a roundtable with representatives from member firms with offices in Hong Kong together with Sarah Robinson, consul and head of economics and trade policy, at the British Consulate-General. This was a great opportunity to touch base and update our international strategy in the region in light of the Law Society of Hong Kong’s decision not to pursue its proposals to restrict market access for foreign lawyers and law firms. I was able to raise our members’ concerns and discuss this strategy directly with the president and vice president of the Law Society of Hong Kong in a meeting following the roundtable.
 
Our vice president David Greene was in Luxembourg this week for the annual conference of the Union Internationale des Avocats (UIA). He spoke at the launch of a global report on professional secrecy and privilege to which the Law Society contributed the chapter on Europe, where we offered an overview of the main differences between civil and common law, as well as some examples of jurisdictions from each system. The report will be made available on the UIA website shortly after the congress.
 
One principle in our international engagement is to meet with members in the jurisdictions we visit. David had the opportunity to meet with members and some important stakeholders while in Luxembourg and had the opportunity to discuss how best we can support our members there at a time of continuing uncertainties with regards to Brexit.
 
Supporting members at every stage of their career

Making the right choices at retirement, November 2019, London - Wednesday 20 November 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
In collaboration with Mazars, leaders in the area of financial planning provision, the Law Society is offering a complementary workshop aimed particularly at people who are within two years of retirement.

What becoming partner means for your finances - Thursday 7 November 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
Mazars’ experts will offer insights and support on the personal tax and financial planning considerations of achieving partner status.
 
Preparing undergraduates for the solicitors’ profession - Wednesday 20 November 2019 Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This exciting event for undergraduates aims to cover all aspects of preparing for a career in the solicitors’ profession, including tips on increasing your chances of success, completing applications and interview technique

Judicial appointments: interview training for solicitors - Friday 29 November 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
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.

Judicial appointments: interview training for solicitors - Saturday 30 November 2019 
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
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.
 
Graham Turnbull Lecture - Tuesday 10 December 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
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 2019 essay is: “Has the Rule of Law been replaced by the Rule of Politics?”
Lawyers with Disabilities Celebration reception - Thursday 5 December 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This Disability History Month, the Law Society will be hosting a celebratory reception to mark the 30th year anniversary of the Lawyers with Disabilities Division and International Day of Persons with Disabilities.

Supporting practice excellence

Annual Competition Section dinner and awards 2019 - Thursday 21 November 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
The Law Society’s Competition Section is pleased to announce that its formal annual dinner and Horsfall-Turner Essay Prize Awards will take place this year on Thursday 21 November at the Law Society’s Hall. This event provides an excellent opportunity to network with solicitors and other professionals working in the competition field, as well as to entertain clients and valued contacts.

Anti-money Laundering and Financial Crime Conference 2019 – Tuesday 26 November 2019
Location: Etc Venues 155 Bishopsgate, Liverpool Street, London, EC2M 3YD
The conference will bring together policy makers, law enforcement, regulators, academics and industry experts to look at the latest policy and regulatory developments, the changes ahead and other hot topics in anti-money laundering and financial crime.

Compliance support forum for in-house lawyers - Monday 2 December 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This popular forum has been updated with new materials to prepare you for the SRA Standards and Regulations which come into force in November 2019. Some of the key themes of this replacement to the SRA Handbook are very relevant to in-house practitioners and we discuss the meaning of effective supervision and management, personal accountability, and the flexibility which comes with new practising styles.

Competition Section Seminar: Abuse of dominance – recent developments in the UK and Europe - Tuesday 3 December 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
There has been an explosion of activity in respect of abuse of dominance. Major 'platform' cases such as Google Shopping, Android, AdSense, Facebook, Apple/Spotify have been in the spotlight in Europe and elsewhere, and raise wider questions about the interaction with regulation. There has been a resurgence of excessive pricing cases (Aspen, Phenytoin etc), with many more cases still before the CMA. The CAT has also heard a major recent appeal (Royal Mail), and considered abuse in a fast-track case (Achilles), and the EU Court judgment in Intel on effects continues to bed down into practice.

International Human Rights Day seminar “The Rise of Authoritarianism: Lawyers Upholding the Rule of Law”- Thursday 12 December 2019
Location: The Law Society, 113 Chancery Lane, London, WC2A 1PL
This seminar aims to explore the rise of authoritarianism and how it affects legal practitioners, as well as some of the initiatives of legal practitioners themselves and others to counter attacks on the legal profession

Webinars

Creating mentally healthy legal workplaces  - 19 November 2019 inclusive to Law Management Section members

CQS Protocol and the Code for Completion by Post – 27 November 2019 - Inclusive to Property Section members

Thriving at work and at home in a 24/7 connected world - 2 December 2019 - free for Junior Lawyers, with a 20% discount to all other section members (postponed from October)

Mediation - 2020 vision / The future for litigators - 4 December 2019 - inclusive to Civil Litigation members

The unrealised risk and the fallout from Data Subject Access Requests - 5 December 2019 - 20% discount to Law Management Section members

Risk management for small to medium law firms - 17 December 2019 - 20% discount to Risk and Compliance and Law Management Section members
 
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

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