January 2016 1 e-newsletter@DASLS
2016
FROM YOUR PRESIDENT 1, 4 DASLS ANNUAL DINNER AND LEGAL AWARDS 2016
BOOK YOUR TICKETS NOW FOR 3RD MARCH 2
@DASLS January
SU PPOR TI NG SO LI C ITO R S IN PR ACT I C E .
President’s Diary
DASLS remains busy and active. At the beginning of November we held the Admissions Ceremony at the Guildhall in Exeter for our newly qualified solicitors. This was reported on in the last Newsletter but suffice to say it was a very enjoyable occasion and I am most grateful to all those who attended to make it such a memorable event. On 4th December, the Parliamentary Liaison Officers headed to Westminster to meet peers and MPs in the House of Commons, and to highlight concerns arising from cuts to legal aid and the government's apparent indifference to
HIGHLIGHTS INCLUDE DASLS 2016 AGM 4-5 COOK’S & HATCHARD’S LAW PRIZE 2016 AND
UPDATED LIST OF FAST TRACK AND MULTI TRACK TRIALS 6 WHAT’S ON @ DASLS AND TRIBUTE TO WENDY KEMP 7
IN THIS ISSUE YOU WILL FIND
Honorary Secretary
Chris Hart [email protected]
Direct Dial: 01803 396608 Mobile: 07834 256834
Administrator
Monique Bertoni [email protected]
Mobile: 07546 079 744
Education & Training
Hetty Rizman [email protected]
Tel: 01392 366333
E-Mail: [email protected] Tel: (01392) 366333 DX: 8361 Exeter Office: Aston Court, Pynes Hill, Exeter EX2 5AZ
COMPLIANCE PLANNING: WHAT’S ON YOUR RADAR FOR 2016? 8 EVER THOUGHT ABOUT APPRENTICESHIPS FOR SUPPORT STAFF? 9 FROM DASLS SUB-COMMITTEES: NON-CONTENTIOUS BUSINESS,
MEDIATION AND INTERNATIONAL RELATIONS 10-11
Executive Director
Tony Steiner MBA [email protected]
Direct Dial: 01392 366444 Mobile: 07979 746 205
Welcome to the New Year e-Newsletter. Articles are invited for the March edition - copy deadline is 19 February. Please submit your contribution to [email protected]
DASLS DINNER IN TAUNTON - SAVE THE DATE 11 NOVEMBER 2016 14
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maintaining the reputation of Justice in England and Wales. It is difficult to assess the impact of such a visit, but it was interesting to note the lack of knowledge
that representatives in government have of the issues with which we are faced and the raising of awareness can do no harm. Further efforts are required to get this message across at both national and local levels.
On 6th November we held the DASLS Somerset Dinner at the County Cricket Club in Taunton. A very enjoyable occasion. We were delighted to welcome the Rt Hon David Heath CBE from the
Will Michelmore, President
Your Committee,
Officers and Staff
wish you a very
Letters to the Editor are always
welcome. Send your email to
January 2016 2 e-newsletter@DASLS
January 2016 3 e-newsletter@DASLS
January 2016 4 e-newsletter@DASLS
President’s Diary Cont’d
On 19th November I attended, on behalf of DASLS, the Chartered Institute for Securities & Investment annual dinner. On 26th November I was delighted to welcome our esteemed panel of judges to consider all of the entries received for the DASLS awards which are to be presented at our Annual Dinner at Sandy Park on 3rd March. The judges were impressed by the number and quality of entries which bodes very well for our celebration in two months' time. For those who have not already booked a table, now is the time to do so!
On into December and we held a very full and well attended DASLS main Committee meeting to which we welcomed Mike Browne, Head of Communications of The Law Society at Chancery Lane. He was able to update us on the much clearer and succinct message that The Law Society are now looking to project on behalf of the solicitors profession and also comment on specific matters such as the demise of Veyo where our thoughts were duly noted. As ever, the administrative office continues to remain extremely busy. A budget
for the forthcoming year has now been agreed and which reflects the increased activity that will take place during the current year in connection with raising the profile of DASLS on behalf of the profession. As ever, my thanks to all for continuing to ensure that we remain a busy and active local law society.
Will Michelmore
President
Please support The C Group DASLS President’s Charity 2015/16
DASLS current Articles of Association were adopted in 1987 with a number of resolutions made over the years. The document was then updated and adopted at the EGM in September 2007 as the name of the company was being changed following the merger between the Devon & Exeter Law Society and the Somerset Law Society. At the December meeting of the main committee of the Society, proposals were considered and approved to change the Society’s constitution, prior notice of the changes being given to members in advance of consideration at the AGM on 26th April 2016. The main purpose is to include the necessary changes to reflect the provisions of the Companies Act 2006. Rather than make a number of piecemeal amendments to the Articles of Association, it is also proposed that new Articles of Association be adopted. In essence the new Articles will largely re-state the existing objects of the Society as set out in the previous Memorandum of Association as well as incorporate all the resolutions.
Proposed Changes to the Society’s Memorandum and Articles of Association
Board of the SRA who gave a thoroughly entertaining after-dinner address. We were also pleased to award the Cook's and Hatchard's Law Prize to Vanessa Groom and Charlotte Mitchell. We were also pleased to give a special award to Brian Watkis on his retirement from Alletsons, having worked there for over 50 years during which time he was also a President of the Somerset Law Society.
January 2016 5 e-newsletter@DASLS
This is the time of year when members of the Society are invited to provide active personal support to DASLS.
At the heart of what DASLS does is the main Committee. Membership of this is a real way to make a difference to the working life of solicitors in the South West.
The Committee is made up of the Officers of the Society together with (as the articles say) “not less than 10 or more than 40 elected members”.
For our Society to continue to work as it was designed to do, new Committee members are needed, so nominations are solicited.
So please do come forward and complete the nomination form opposite.
This should please be returned to the Honorary Secretary by no later than 5.30 p.m. on 29 January 2016.
GET INVOLVED AND STAND FOR ELECTION AT DASLS 2016 AGM.
TO: Chris Hart
DASLS Honorary Secretary
Aston Court, Pynes Hill, Exeter EX2 5AZ
[DX 8361 Exeter]
I wish to nominate
Full name
……………………………………………………………………
of
……………………………………………………………………
for election to the main Committee and I confirm that the
nominee is willing for his/her name to go forward.
Signed
……………………………………………………………
Address
……………………………………………………………
……………………………………………………………
Year of Admission of Nominee ………………………..
Please return this form by 29 January 2016.
DASLS Annual General Meeting on 26 April 2016, Tiverton Nominations invited for the Society’s main Committee
DASLS 2016 AGM will be held on 26 April starting at 6.00 p.m. at the Best Western
Tiverton Hotel followed by a members’ dinner. Further details including dinner booking
form will follow. All members will receive a copy of the AGM documentation in the latter
part of March. The AGM reports will also be available on DASLS website.
President Will Michelmore, Michelmores, Exeter
Vice-President Mark Roome, Toller Beattie, Barnstaple
Junior Vice-President and Local Government Representative
Sue Aggett, Teignbridge District Council
Honorary Secretary Chris Hart, Wollen Michelmore, Torquay
Honorary Treasurer Richard Adams, Crosse & Crosse, Exeter
Immediate Past President Tony Mason, Ashfords, Taunton
Law Society Council Member Rod Mole, Wollen Michelmore, Bideford
Crown Prosecution Service Representative David Bowen, Exeter
SBA The Solicitors’ Charity Representatives
Jeremy Lee, Gilbert Stephens, Crediton
Rebecca Parkman, Wards, Weston-Super-Mare
Sub-Committees Chairs / Acting Chairs of
Contentious Business - Andrew Harris, Veitch Penny, Exeter
In-House Lawyers - Claire Turner, University of Exeter
International Relations - Lucie Hadwick, Bond Dickinson, Plymouth
Mediation - Kathy Trist, Dunn & Baker, Exeter
Non-Contentious Business - Steven Came, Dunn & Baker, Exeter
Practice Management - Adrian Richards, Trowers & Hamlins, Exeter
Social - Sam Thompson, WBW, Newton Abbot
Education & Training - Tony Steiner, DASLS Executive Director (observer)
Elected Members
Michael Cosgrave, Wollen Michelmore, Newton Abbot
Sonia Hems, Beers, Kingsbridge
Patricia Durham Hall, Taunton
Ken Woodier, Pennon Group Plc, Exeter
Paul Dyson, Scott Richards, Teignmouth
Committee Members 2015-2016
January 2016 6 e-newsletter@DASLS
Cook’s & Hatchard’s Law Prize 2016 NOMINATION GUIDANCE
Introduction To be eligible for The Prize the nominee must have completed their training contract or a substantial part thereof in the Somerset area in the past twelve months and have obtained honours at the academic stage and/or have (in the judgement of the Trustees) shown merit throughout their training. The definition of Somerset for the purposes of the prize, includes Sherborne and the local government administrative areas of Bath and NE Somerset, North Somerset and, of course, Somerset. The specific objects of the charity are available upon request from DASLS. Personal Information Please give full details of the person whom you are nominating and confirm that they are content for their details to be publicised by DASLS including photographs, should they be successful. Please submit your name and work contact details, title and why you are nominating this person. The Trustees are looking both for academic achievement prior to or during their training along with other examples of “merit”. This may include (by way of illustration only) distinctions at LPC, First Class Honours at Graduate level, initiative in the workplace or community/
charity based projects and engagement that, for example, raises the positive profile of the profession, supports other young lawyers or the wider community. Please give specific examples of how the nominee has exceeded the normal expectations of a trainee who is building their career. In short, the successful nominee will have shown real “merit” and not only achieved what is expected. It would be helpful to the Trustees, when considering the nomination, to have as much information about the nominee’s achievements as appropriate. Summary The Trustees wish to encourage eligible nominees to have their names put forward as the award is prestigious and well recognised as an achievement in training. The prize/s will be awarded at the DASLS Somerset Dinner in the autumn each year.
Please send nominations in writing to DASLS Administrator, Monique Bertoni, by 31 May 2016, for consideration by the Trustees at their June meeting.
NEXT
District Judges’ Corner Fast Track and Multi Track Trials
Members will recall the publication of the expected listing times for Fast Track and Multi Track trials in the July 2015 Newsletter. The judges at Exeter are keen to encourage more transparency in listing practices and have sent the updated list of FT and MT windows.
FAST / MULTI TRACK TRIAL WINDOWS
FAST TRACK
WEEK COMMENCING
START OF TRIAL
WINDOW
END OF TRIAL WINDOW
PRE-TRIAL CHECKLIST
OUT
RETURNED BY
19-Oct-15 23-May-16 10-Jun-16 29-Feb-16 25-Mar-16
26-Oct-15 30-May-16 17-Jun-16 07-Mar-16 01-Apr-16
02-Nov-15 06-Jun-16 24-Jun-16 14-Mar-16 08-Apr-16
09-Nov-15 13-Jun-16 01-Jul-16 21-Mar-16 15-Apr-16
16-Nov-15 20-Jun-16 08-Jul-16 28-Mar-16 22-Apr-16
23-Nov-15 27-Jun-16 15-Jul-16 04-Apr-16 29-Apr-16
30-Nov-15 04-Jul-16 22-Jul-16 11-Apr-16 06-May-16
07-Dec-15 11-Jul-16 29-Jul-16 18-Apr-16 13-May-16
14-Dec-15 18-Jul-16 05-Aug-16 25-Apr-16 20-May-16
21-Dec-15 25-Jul-16 12-Aug-16 02-May-16 27-May-16
28-Dec-15 01-Aug-16 19-Aug-16 09-May-16 03-Jun-16
04-Jan-16 08-Aug-16 26-Aug-16 16-May-16 10-Jun-16
11-Jan-16 15-Aug-16 02-Sep-16 23-May-16 17-Jun-16
18-Jan-16 22-Aug-16 09-Sep-16 30-May-16 24-Jun-16
25-Jan-16 29-Aug-16 16-Sep-16 06-Jan-16 01-Jul-16
01-Feb-16 05-Sep-16 23-Sep-16 13-Jun-16 08-Jul-16
08-Feb-16 12-Sep-16 30-Sep-16 20-Jun-16 15-Jul-16
15-Feb-16 19-Sep-16 07-Oct-16 27-Jun-16 22-Jul-16
22-Feb-16 26-Sep-16 14-Oct-16 04-Jul-16 29-Jul-16
01-Mar-16 03-Oct-16 21-Oct-16 11-Jul-16 05-Aug-16
08-Mar-16 10-Oct-16 28-Oct-16 18-Jul-16 12-Aug-16
MULTI TRACK
WEEK
COMMENCING START OF
TRIAL WINDOW
END OF TRIAL WINDOW
PRE-TRIAL CHECKLIST
OUT
RETURNED BY
02-Nov-15 12-Sep-16 16-Sep-16 25-Apr-16 13-May-16
07-Dec-15 10-Oct-16 14-Oct-16 23-May-16 10-Jun-16
18-Jan-16 07-Nov-16 11-Nov-16 20-Jun-16 08-Jul-16
29-Feb-16 05-Dec-16 09-Dec-16 18-Jul-16 05-Aug-16
04-Apr-16 09-Jan-17 13-Jan-17 22-Aug-16 09-Sep-16
02-May-16 06-Feb-17 10-Feb-17 19-Sep-16 07-Oct-16
06-Jun-16 13-Mar-17 17-Mar-17 24-Oct-16 11-Nov-16
January 2016 7 e-newsletter@DASLS
What’s on @ DASLS By Tony Steiner, Executive Director
2016 promises to be a busy year for DASLS. We are delighted that Wall to Wall Sunshine have now been appointed as DASLS marketing consultants and we have plans to improve both how we communicate with you our members and with the public at large. This is an exciting project and we at Pynes Hill are excited by its potential. I hope that you will quickly see some added value from this work. We are also in the run up to the inaugural Legal Awards Dinner on 3rd March. This
promises to be a night to remember and an opportunity to meet up with colleagues and friends from across the area. We are looking forward to welcoming Joshua Rozenberg to host the Awards and speak after Dinner. Also in the programme is our Compliance Conference - watch this space for confirmation of the date and further details. Before all of this will of
course be the DASLS annual Quiz night on 28th January. I have my questions ready and look forward to challenging you then. Click here for full details. We are grateful for the continuing support of our sponsors. Both their content and of course financial contributions are of great value to us. Please do consider contacting them when you are choosing your suppliers.
Of course all the usual work continues and to help us meet the ever growing call upon the Society’s services we are looking to recruit an apprentice for DASLS office. If you know of someone that might be a suitable candidate then please do ask them to get in touch with me. Good people are it seems hard to find. Thank you for your continuing support. Happy New Year.
Wendy Kemp - Tribute from Crosse & Crosse We are all devastated by the recent death of our much loved colleague and friend Wendy Kemp. Wendy joined Crosse + Crosse as a trainee solicitor in 1997, and went on to become the head of our family department. She dealt with many aspects of family law, specifically high value matrimonial matters and complex children cases, and developed a national reputation for dealing with international child abduction, for which she became particularly well known. She was tenacious when fighting her client’s case and was fiercely loyal to those she worked with. She often saw a different angle or argument that could be used to her clients’ advantage that had not occurred to others and, while still a trainee/newly qualified solicitor, she took a case to the House of Lords on a point of law. Taking a case to the highest court in the land is something most solicitors never experience in their careers. Wendy accomplished this at the very start of her legal career – quite possibly a unique achievement – and, as many have commented this week: “how typical of Wendy”. Not only was Wendy highly respected
by her clients, she was loved by many of them. Some of the messages we have received from her clients this week have been a fitting tribute to her legal career. To give an example, one client wrote: “She went above and beyond the call of duty. She brought my daughter back to me……………………. She was and is my guardian angel and I can never express in words my love for her and thanks for what she did.” Since her death we have received many messages of sympathy from all levels of the legal profession including former colleagues, solicitors in other firms, barristers, judges and members of the court staff expressing their sadness at her passing. She was universally popular, loved and respected by those with whom she came into contact. She was a very caring person who showed great warmth and empathy to those around her. She was well known for her ability to charm the most difficult or antagonistic of people. She had a great sense of fun and a mischievous sense of humour. She crammed an extraordinary and varied life into her 63 years. She really did enjoy life and all that it had to offer.
She battled bravely against cancer for a long time. She was always very open about her condition and faced it head on. She remained incredibly upbeat and optimistic. She faced her illness with extraordinary courage and fortitude. Even when she was very poorly, she continued to come into work as much as she could to look after her clients’ interests. Her fight against her illness was both humbling and inspirational. We all miss her friendship, support and the enormous contribution she made to this firm. She is irreplaceable. We are honoured to have known her and to have worked with her. We have very fond and happy memories of her time with us. Our thoughts are with her husband, Steve, and all of her family.
We have placed a book of remembrance in our reception and anyone who has memories of Wendy and would like to sign it would be very
welcome to do so. There will be a Memorial Service for Wendy on Friday 12 February 2016 at 2.00pm at Exeter Cathedral which is open to anyone who wishes to attend.
January 2016 8 e-newsletter@DASLS
Compliance Planning: what’s on your radar for 2016?
Tracey Calvert
It strikes me that one of the skills needed by the firm’s COLP and COFA is to be a soothsayer and anticipate the risks and challenges which lie ahead! The hot topic of the past few months has been cyber crime. I am not sure many of us appreciated until fairly recently how attractive we would be (or perhaps more accurately, how interesting our client account and data would be) to criminals. Now it seems that the number of different ways in which criminals are exploiting our vulnerabilities is endless. All of a sudden, or so it appears, cyber attack is a subject which must be on every firm’s compliance agenda and risk register. It is a topic which is not going to disappear anytime soon. The SRA has said as much in the guidance which it has produced and in its copious warnings to the profession about management of the risk. This is an area where human error is likely to be the means by which we will be successfully attacked and the clear message is that the firm is only as safe as its weakest link and that could be anyone in any role within the business. It is also the case that whilst we may find ourselves the victim of a criminal act, the SRA and our insurers will have little sympathy for our plight. If a training budget is being discussed, then I would suggest a valuable use of the firm’s money would be a programme to raise awareness of the multiple forms of attack we face and the consequences of being a victim of this crime. Whilst this may be uppermost in minds, compliance and risk management needs to cover many other matters. What else is going to be a priority in 2016 and which ought to be incorporated into compliance plans and work streams? Much will depend on the firm’s risk profile and this in turn is based on what the firm does, the clients it serves and
how the firm operates. Nevertheless there are some common themes. For example, an overlap with the cyber crime risk, is the need to be satisfied that the importance of compliance with the Data Protection Act 1998 is understood by everyone in the firm and that all colleagues play their part in keeping data safe and secure. The COLP needs to know every time an email has been sent to the wrong recipient, or a letter addressed to the wrong person, in order to determine the repercussions. Added to this, is the need to understand that the legislation is going to become even more onerous in the near future with the implementation into national legislation of the EU General Data Protection Regulation. Latest guestimates are that this will be in 2018 and that as a consequence we will be dealing with a rewritten and more onerous data protection statute. Also, of course, the outside world, and in particular government and law enforcement agencies, continue to be interested in the legal profession’s response towards money laundering. The National Risk Assessment which was published in autumn 2015 was not particularly complimentary of lawyers. The Financial Action Task Force is undertaking a review of the UK in 2017 and has shown a keen interest in us. No wonder the topic remains high on the SRA agenda. The regulator completed its thematic review in May 2015 and its report should be published in early 2016. We have been told informally that the findings were generally positive but weaknesses centred on the need to consider appropriate training and use of resources, the need for
appropriate training of the MLRO, risks attached to the use of the client account and the lack of knowledge of current warning signs and the criminals changing methodologies. This means that training, and monitoring of understanding, should continue to be a priority alongside the need to stay alert for the changes which will come into effect in 2017 through the implementation of the Fourth European Money Laundering Directive. The devil will be in the detail of the legislation but it looks likely that we should prepare for detailed risk assessments, for domestic Politically Exposed Persons, and more transparency requirements about beneficial ownership of companies and more information about certain types of trusts. And all is not quiet in terms of pure regulatory compliance issues. In 2015 we saw some significant changes; changes to authorisation requirements, the relaxation of the separate business rule, the development of a programme of reform focused on the protection of client money and the SRA Accounts Rules to name just three of the policy developments. The last initiative looks to continue to be centre stage in 2016 with the SRA promising a consultation on the Accounts Rules in the spring which will be considering a more principles based approach, a reduction of unnecessary prescription where appropriate, a simpler structure to requirements supported by toolkits, and greater clarity about the COFA role. All in all, it looks like it is going to be another busy compliance year!
OAKALLS CONSULTANCY LIMITED [email protected] Mob. 07833 253057 www.oakallsconsultancy.co.uk
By Tracey Calvert
January 2016 9 e-newsletter@DASLS
Well, we hadn’t!
The genesis for us embracing the apprenticeship route was the increasingly difficulty in recruiting legal secretaries, and, having spoken to a few other local firms in the area, it seemed a common theme and one only likely to get worse.
Having attended a DASLS course in early 2015, we were introduced to the idea of apprenticeships, which was new to us – not just the name but the practice of recruitment, training and development. Previously, we were aware that South Devon College (the College) were running full-time legal secretarial courses and we had agreed to take a student on a two week work experience basis but nothing more. Our initial experience of taking someone from the College (in Spring 2014) proved very successful;
we were particularly impressed with their skill level and aptitude. Based on this experience we gladly offered to take a further student, and that is how Grace was introduced to the firm.
After a few days, it was clear that Grace was very able and had no difficulty in picking up the challenges of a mixed practice, working with the existing support staff and fee earners. Indeed, she proved herself a real asset for the two weeks she was with us and we were sad to see her go. We asked her to keep in touch and come back to us once she had finished her course.
It was because of this positive experience we decided to see if we could take things further for Grace and other students. (Going down the apprenticeship route was an obvious way to offer students a viable career in law and to resolve the skills shortage we were
experiencing; it would also offer us a chance to hopefully grow our own secretaries for the future.)
Thereafter, we had a meeting with the Skills Funding Agency to find out more about the scheme and decided that we wanted to do this through South Devon College: they are local to us and we felt it right that we should support them. And so we approached them to see if there was an opportunity to work with them on a scheme to provide apprenticeships to young people wanting to work in legal administration. They were able to provide the necessary course and evaluation process.
Moving things on. Our first apprentices started in September this year and we now have three secretarial apprentices who are taking their Level 2 Legal Administration course at the College on a day release basis.
Grace has now joined us as an apprentice and, as we hoped, has worked really hard to grasp all that is needed in what is a demanding role. In fact, she has exceeded all our expectations; her line manager even commented, “She’s amazing”.
For us, the scheme works really well and we hope at the end of the apprenticeship period we will have three first class legal secretaries that we can take on permanently and who will further grow into the role and become key assets of the firm.
We will definitely be looking to repeat the process again next September and take on at least one new Apprentice Secretary.
For further details of the apprenticeship scheme through South Devon College please contact: Helen Brown, Programme Co-ordinator – Professional
on 01803 540738.
Ever thought about Apprenticeships for Support Staff?
By Alison Foster, Boyce Hatton LLP, Torquay
Photo L-R Partner, Kate Barton with apprentices Grace Hoggard, Emily Griffiths and Georgia Short and Practice Manager, Alison Foster.
January 2016 10 e-newsletter@DASLS
Wednesday 9th March 2016. Commencing 2.00 pm / 2 CPD Hours Venue: Exeter Racecourse
The Land Registry will become the sole registering authority for LLC in England and Wales and will create a single, digital LLC service that will improve access for property professionals and citizens and standardize fees and turnaround times.
Topics covered:
Nick Eccles & Jamie Winch: Local Land Charges programme
Morag Phillips & Stephanie Hayne: Electronic Document Registration Service (e-DRS)
Paul Chambers: LR Digital Services
Julie Blunsom & Andrew Robertson: Requisitions
This open meeting is organised by DASLS Non-Contentious Business Sub-Committee. Delegates will have an opportunity to raise any questions or concerns.
Please reserve places at the Land Registry Local Land Charges
Programme Update on Wednesday 9th March 2016 for:
1………………………………………………………………………………….
2………………………………………………………………………………….
3………………………………………………………………………………….
Firm …………………………………………………………………………….
Contact email …………………………………………………………………
Please send the completed form back to Devon & Somerset Law Society, Aston Court, Pynes Hill, Exeter, Devon, EX2 5AZ. DX 8361 Exeter.
Email [email protected] or call 01392 366 333 to book your place.
Members:
£20.00 + VAT (£24.00 inc. VAT)
Non Members:
£40.00 + VAT (£48.00 inc. VAT)
We will provide a VAT invoice for payment. (BACS payment preferred)
NB. Delegate Cancellations and Refunds: With 7 clear days notice prior to the seminar: full refund subject to an administration charge of £5.00 + VAT. Within 7 days of the seminar: a 50% refund
will be given. We regret that cancellations received on the day of the seminar and thereafter will not be eligible for refund. We reserve the right to cancel courses and refund accordingly.
From DASLS Sub-Committees
Non-Contentious Business
Mediation
International Relations
Land Registry Local Land Charges Programme Update
January 2016 11 e-newsletter@DASLS
Your local Devon and Somerset Law Society Mediation Panel has been running for over 14 years. Given the recent increase in the Small Claims limit and the changes to Court fees in April of this year, the Panel thought it appropriate to consider whether the charging structure was reflective of the work that we do. We have made the decision to change the scale from the lower level to the higher level of work that we all as mediators have dealt with on many occasions. Accordingly, I set out below the new fee structure.
I also take this opportunity of reminding you that we, the Devon and Somerset Law Society Panel of Mediators, your local panel, are available to assist you. We would remind all litigators to consider mediation with each case that comes across your desk. We are your local, affordable, experienced Panel and are accredited by the Civil Mediation Council. Don’t wait for the Court Order ordering you to mediate, take a pro-active step in suggesting mediation to your opponent as an
alternative means of resolving disputes for your clients. Clients will be satisfied if you have assisted them in finding a resolution without incurring, it is hoped, considerable costs. Look at those files on your desk and consider which of those your local Mediation Panel can assist you and your clients with. We remain committed to serving the local legal community and look forward to being appointed by many of you in the future.
Mediation Briefing By Kathy Trist, Chair, Mediation Sub-Committee
Case Level Duration Fees per Party
Over £1,000,000 By negotiation
£200,000 to £1,000,000 4 Hours £1,250.00 + VAT
£80,000 to £200,000 4 Hours £750.00 + VAT
£50,000 to £80,000 4 Hours £425.00 + VAT
£15,000 to £50,000 4 Hours £387.50 + VAT
£5,000 to £15,000 3 Hours £300.00 + VAT
Invitation to Erlangen in May 2016 This year’s Twin / International Bars Lawyers’ Meeting will be hosted by the Erlangen Lawyers’ Association. These annual meetings date back to 1989 at the instigation of the Rennes Bar and the links continue to go from strength to strength. DASLS hosted the 1992, 1996, 2000, 2004, 2008 and 2013 meetings covering a wide range of topics. The format includes business sessions on the Friday followed by social and sightseeing events. The topic for 2016 will focus on human rights and the internet.
Members are invited to put their names forward if they wish to be included in DASLS delegation to go to Erlangen from Thursday 12th to Sunday 15th May 2016. Please register your interest with Monique at DASLS office - [email protected] - to receive details of the working programme and other practical information as soon as they are available.
http://www.dasls.com/mediation
January 2016 12 e-newsletter@DASLS
Advertorial Cybercrime - it’s a legal issue
Untargeted attacks such as general, phishing emails pretending to be from a bank etc., requesting the recipient to send across their bank details, etc. have been around for some time. With just a little common sense these types of emails are quite easy to spot as they are typically badly written, have formatting issues, are from suspicious email addresses, etc. However what if that email appeared to be received directly from the client or colleague in the firm, containing very specific and accurate details of the underlying legal transaction such as final funds being returned to the client, specific amounts involved, names of parties involved, etc. which simply request for their funds to be sent to their separate bank account? Having seen such examples of these emails under a targeted attack, they can be very convincing and you can see why such an email could be classed as being genuine. The attack could also be a telephone call received into the firm supposedly from the client along the same lines with the very specific information. Another example is it’s a Friday afternoon at 2.30 pm and typically several completions on conveyancing transactions are processed through the firm’s client account. A telephone call is received shortly thereafter, supposedly from the bank again with very specific details of the transaction to state the transactions have been stopped due to a suspected fraudulent nature of the payments. The caller then specifies the funds can be released as required if proved to be genuine by providing sensitive
information such as pin numbers, etc. to the bank account. It then transpires the transactions were never being withheld in the first instance and the legal firm has been contacted to release sensitive information at a time where it is vulnerable due to urgency for such transactions to complete. The above examples are real scenarios where legal practices have been tricked into providing bank details or sending funds to alternative bank accounts. So how do the criminals obtain this specific data for such a targeted attack? It’s generally a case of obtaining access through the background hacking of database systems, emails and even obtaining general information from social media websites. A targeted attack is generally not actioned overnight and involves building a long term picture of the legal practice and its underlying legal transactions by either manipulating the firm’s email / accounting systems, that of your clients’ or another legal firm who are acting for other parties in the underlying legal transaction. They build a picture of when law firms are vulnerable, such as at time pressured periods, noting when key individuals acting on behalf of the clients are away from the office either on holiday, working part time, etc. Systems to aid prevention With targeted attacks being so sophisticated it is certainly a challenging environment to implement and monitor accounting systems to aid prevention.
The legal sector continues to be at the forefront of cyber attacks from fraudsters in an attempt to access and extract both office and client money from a legal practice. The issue has been prevalent for some time. However as criminals have become more and more sophisticated in their techniques, this presents a very real threat to law firms where there has been a notable increase in cases of funds being misappropriated by such attacks. Where any shortages in either client or office money arise, reliance cannot always be placed on third parties to foot the bill such as Banks or Professional Indemnity Insurers, who have been taking a firmer stance within the legal sector. It goes without saying any successful criminal extraction of client funds is a significant material issue and risk to the practice where any shortages in client funds may need to be covered from the firm’s own funds. If such shortages are of a significant value and/or if office funds in the first instance have been misappropriated, this clearly presents a financial instability risk to the practice. It is not only the immediate financial impact that’s a risk to a practice. Law firms also hold sensitive information and any breach of data does not only present an issue under the Data Protection Act but can also have a reputational risk to the practice. How are firms being targeted? The two specific areas which continue to be prevalent as tools of cybercrime are bogus emails and telephone calls.
January 2016 13 e-newsletter@DASLS
There are clearly the normal IT infrastructure policies to help safeguard access to the accounting systems, etc. such as firewalls, malware software, having strong passwords which are updated frequently etc. It’s not uncommon for many legal firms to outsource these IT requirements to specialist IT providers to help safeguard client information and funds, etc. There should also be firm policies to restrict the use of data sticks, websites visited, and home / out of office working practices. One of the main areas that a firm can assist with cybercrime prevention is by educating the individuals in the legal practice and having a set framework of procedures regarding the management of client and office monies. Its important to communicate to all individuals in the law firm that they remain vigilant and apply professional scepticism on any instructions / requests which involves the
persons authorised in the firm to withdraw from the firms client accounts should be stringently applied with the number of authorised persons limited to the minimum level required.
It is essential the procedures applicable to the firm are implemented, documented, communicated and followed by everyone in the legal firm.
In a number of circumstances where cybercrime has been successful, this has often resulted from individuals departing from the firm’s laid down procedures which can have significant repercussions such as potentially invalidating any insurance cover.
Procedures should also be in place to deal with a suspected cybercrime attack on the practice including immediately notifying the relevant authorities, such as the bank, SRA, police, insurers, etc.
Hopefully these notifications will never be required but clearly firms need to be well prepared and vigilant throughout.
withdrawals of either client or office client money from the practice. It tends to go without saying that specific bank account information and pin numbers, etc. should never be supplied over the telephone. A review of identity time critical periods in the firm may assist to identify when a practice may be susceptible to such a targeted attack. Examples of other practical safeguards can include: Inclusion with the
terms of business with the client that any funds will only be paid to them through a nominated bank account at the outset and any request to pays funds to an alternative account will only be under exceptional circumstances after all the necessary checks have been made.
Any requests to send
funds to an alternative bank account should
be checked with the fee earner responsible or a principal in their absence. In particular the client should be contacted by telephone using their contact number on file to ensure the instructions did in fact come from them.
If any telephone calls
are received which require follow up action such as contacting the client or bank, it’s wise not to attempt to make the call immediately and/or to use a different line. Quite often fraudsters can remain on the line leading you to believe you have called your client / bank to confirm the instructions.
Only those individuals
in the firm that require the information should hold the office and client bank account specific details.
In accordance with SRA Accounts Rules 21, the number of
Advertorial continued
The lateral hire - merger light?
For firms that wish to implement a strategy for growth, there are three key methods: organic growth, lateral hire or merger. Each carry their own risks, although organic growth is perhaps the least risky as you should be dealing with known risks. Marco D’Ovidio, Associate Director Aon considers lateral hires and their associated risks - click here for full article
January 2016 14 e-newsletter@DASLS
Facing Disciplinary Proceedings
LawCare Helpline: 0800 279 6888 Open 365 days a year from 9.00 a.m. to 7.30 p.m. on weekdays,
10.00 a.m. to 4.00 p.m. weekends and bank holidays.
[email protected] • www.lawcare.org.uk • Admin: 01268 771333
Most solicitors will make a mistake or be the subject of a complaint at some point during their career. In some cases this will be a major issue, leading to a large claim on the firm’s insurance and disciplinary proceedings against the firm or the individual solicitor by the Solicitors Regulation Authority. For the solicitor concerned this can be an extremely distressing and worrying time.
possible implications: having to tell family and friends - the loss of their respect - telling colleagues and their disappointment in being let down, telling clients who have trusted you and believed in your ability. The next feeling is shame, which never leaves you. You carry it like a large notice pinned to your back. How could you have allowed yourself to get into this position?”
DASLS Dinner in Taunton
will return to the Somerset County Cricket Club
on Friday 11 November 2016.
Look out for details nearer the time.
ONLY £15.50 PER PAIR
Order yours from DASLS Office.
DASLS Cufflinks
Our experience at LawCare has been that most solicitors are very hard-working, competent, thorough, knowledgeable, and take great professional pride in serving the very best interests of their clients. Failure in any of these areas hits them hard. One solicitor described it in these words:
“The first reaction is shock and horror that you have done
something wrong or made a mistake that has career implications. You start to lose sleep and can't think of anything else and you lose your concentration and ability to work. Then you face the decision of whether to own up and, if so, who to tell: your colleagues, Partners, the clients involved or The Law Society. Panic soon follows, together with the realisation of the
SAVE THE DATE!
January 2016 15 e-newsletter@DASLS
Solicitors Support Network
For confidential help ring 0800 328 4203
FREE & CONFIDENTIAL SUPPORT FOR SOLICITORS
ARE YOU EXPERIENCING PERSONAL OR PROFESSIONAL PROBLEMS?
If so, you do not have to do so alone. Support groups exist to assist you.
The most common negligence claims are for missed time limits – these amount to around 30% of all professional negligence claims against solicitors. Other major causes are delay, drafting error, poor communication - basically almost anything except getting the law wrong. 90% of claims are related to administrative failures, only 10% relate to lack of legal knowledge. This may be due to the fact that lawyers study and train in the practice of law, not business management, administration and the art of clear and unambiguous communication. Most claims don't lead to disciplinary action. The fact that a solicitor has made an error - missed a time limit, drafted something incorrectly, failed to do something - means that their client has a civil right of action against them, and could be awarded damages. It doesn't always mean they have done something that would involve a sanction by the SRA or referral to the SDT. The exceptions to that are errors such as, for example, breaching an undertaking - this is both a civil wrong and a disciplinary offence, and could result in a claim against insurers as well as a referral to the SDT. Minor Mistakes If you are an employee and believe you have made a mistake, the sooner you report it, the better. Errors are most easily corrected as
soon as they are realised to have occurred. In particular, failure to deal with the mistake expeditiously could affect the firm’s insurance policy and lead the Insurer to refuse to cover the claim on the grounds of non-disclosure of a material fact. So enlist the moral support of a colleague and admit your mistake to a superior within the firm frankly and honestly. Be prepared to do whatever is necessary to put it right, including undergoing additional training if appropriate. The experience may be valuable in preventing bigger mistakes later on, and in helping you identify and deal with a weak area in your work.
If the firm takes the decision to take disciplinary action against you, then check your contract and look into the firm’s own disciplinary policy for guidance on what you should do. Consider whether there were any mitigating circumstances and make careful notes of exactly what happened, when and why. SAS (the Solicitors Assistance Scheme) gives up to an hour of free legal advice. (www.thesas.org.uk) The Solicitors Regulation Authority The primary role of the Solicitors Regulation Authority is to ensure compliance with the practice rules and codes of conduct, and to discipline
solicitors who fail to comply. If the Authority believes that a solicitor has failed to act in accordance with the rules it has the power to give reprimands and fines, impose sanctions and conditions, or suspend a practising certificate. In extreme circumstances, particularly where dishonesty is suspected, the SRA may use its statutory powers to initiate an intervention. An intervention is not a takeover or a disciplinary outcome, but a regulatory step taken only when the SRA believes that it is necessary. For the solicitor concerned, and the staff at the firm, it is extremely traumatic, damaging and expensive. Mr Justice Carnwath has said, “The intervention procedure … has been recognised as being draconian in some respects but necessary for the protection of the public.” The Solicitors Disciplinary Tribunal If a solicitor has repeatedly behaved unprofessionally, seriously compromised the interests of a client, taken advantage of a vulnerable person, discriminated against a person or group or otherwise brought disrepute to the profession then it is likely that the SRA will consider it in the public interest to refer the matter to the SDT.
In 2007 the judgements of the tribunal were as follows:
Struck off - 32% Suspended - 16% Fined - 40% Reprimanded - 9% Cleared or dismissed - 3%
A QC who represents solicitors before the Tribunal said of his clients “Almost without exception they are honest men and women caught up in situations that worry them.” That’s true in many, if not most, cases where disciplinary proceedings are undertaken. Most solicitors want to work effectively and competently for the benefit of their clients, but the demands of the profession can overwhelm them to catastrophic effect. LawCare offers completely free and confidential support via its freephone helpline (0800 279 6888) and has helped many lawyers facing this particular problem. Other organisations which can help include:
The Solicitors’ Assistance Scheme – www.thesas.org.uk
The SRA’s Ethics Guidance helpline - 0370 606 2577.
The Practice Advice Service - 0370 606 2522
Lawyerline (a Law Society advice line for solicitors needing help with general complaint handling) - 0870 606 2588
SBA The Solicitors’ Charity - 020 8675 6440 www.sba.org.uk
January 2016 16 e-newsletter@DASLS
Advertorial - 2015-2016 Pension Changes
A year of pension change – and more to follow How you save for retirement and what you do with the money once you stop working are some of the biggest and complicated decisions you will ever make, so it is important to understand what the reforms mean, and how they will impact on you in the years ahead. There have been a lot of big upheavals with pensions and retirement planning over the past 12 months – and there are more to come in 2016, such as auto enrolment for businesses being phased in. Here we look at some of the concerns individuals need to think about as they approach retirement and once they finish work. Pension Freedom A major development has been changes to the way people can access their pension savings from the age of 55. It now means over 55s may be able to take any amount from their personal, stakeholder and some workplace pensions – all of it in one go, if they wish – without the need to buy an annuity to take out a drawdown pension policy. They will be able to take up to 25 per cent of their pension savings as a tax free lump sum. Any amount above this will be subject to income tax at their highest marginal rate. While new rules have provided more flexibility and
Benefit scheme such as a public sector pension.
People caught by this rule will have their Annual Allowance reduced by £1 for every £2 income over £150,000, down to a minimum of £10,000. Individuals may be able to save as much as £80,000 into a pension during the 2015/16 tax year after the government effectively split it into two mini tax years in the Summer Budget. This is because the government has changed the rules to mean everyone’s Pension Input Period now aligns with the tax year. To ensure no one was penalised by the change of dates, all Pension Input Periods were closed on 8 July 2015, with another opening to run from 9 July 2015 to 5 April 2016. It means it is possible to contribute up to £40,000 between last July and April 2016, on top of anything you paid in between the beginning of the 2015/16 tax year on 6 April and July 2015, which could again have been £40,000. Conclusion The pension changes that have taken place in 2015 and will be modified again in 2016 show how complex planning for retirement is. Talk to a qualified financial adviser who will be able to help you ensure your pension finances will be able to fund your plans for retirement.
allowed people greater access to their pension savings, it is still important to carefully consider your options. Withdrawing all the funds from a pension, either in one go or in regular withdrawals, may sound remarkably simple, and tempting, compared with shopping around for an annuity. However, that money you have been saving up for decades will need to last you for the rest of your life, and could be quickly depleted if you make regular sizeable withdrawals.
What to do with the lump sum If you do decide to take lump sums from your pension pot, your next decision will be what to do with the money. For example, you may choose to use the lump sum to pay off your mortgage or any other loans, enabling you to enter your retirement debt free. Another alternative might be to reinvest the cash to use later. There are a variety of options open to investors based on their attitude to risk and the returns they would like to receive. As with all investments, it is recommended to talk to a qualified adviser before making a decision.
Annuity could still be best While annuities have received some criticism in the past around their value, they still provide the security of a regular income over a lifetime that cannot be guaranteed by taking a cash lump sum or investing the money yourself, so in many cases could remain the best option for providing a retirement income. Changes for 2016 Further changes to pensions are being introduced from April 2016. These include the reduction in the Lifetime Allowance, which is the amount someone can save into a pension throughout their lifetime before incurring a tax charge. This is currently £1.25 million, but will reduce to £1 million from 6 April 2016. The Annual Allowance, the amount that can be saved into a pension in each tax year without incurring a tax charge, will remain at £40,000, but it will be tapered for those with adjusted income of more than £150,000. Adjusted income is gross income plus: Employer
contributions to a Defined Contribution pension scheme
The value of employer contributions to a Defined Benefit pension scheme
The individual’s personal contribution under a net pay arrangement, for example to a Defined
January 2016 17 e-newsletter@DASLS
Drive-by downloads, Ransomware and other beasties For all that the internet enables us to work virtually,
share files, rapidly gather information from around
the world it can also be a jungle populated by
dangerous predators hungry for YOUR data.
Since law firms are the custodians of large quantities of client data they are particularly
attractive to cyber criminals.
Each day we read and hear about malware, trojans,
ransomware, phishing, hacking and the list goes on.
Many firms assume that having a firewall and good
anti-virus and anti-malware software will be
adequate protection. Sadly this is not the case as one
law firm discovered a few months ago.
One of their staff visited a client’s website. Without
them being aware, some malicious code was inserted
onto their desktop infecting it with Cryptowall 3 -
known as a drive-by download attack. Frighteningly,
viewing a web page harbouring the malicious code is
sufficient for the attack to run. The user is totally
unaware that anything untoward is happening. In the
case of this law firm, in just a matter of hours large
quantities of their data were encrypted and totally
inaccessible. They then received a ransom demand -
if they paid up then the encryption key would be
provided; if not the key would be deleted after 72
hours and they would never again be able to access
their data. Fortunately their IT manager had a strong
process in place for running and storing back-ups.
Since there was no guarantee the encryption key
would be provided, or even work, the firm opted for
a complete restoration of all of their files. Even so
they were unable to access their data for 24 hours
which caused significant operational issues. And this
was their second such attack in 6 months.
How does ransomware work?
Ransomware depends on asymmetric encryption
whereby a pair of keys is used to encrypt and decrypt
a file. These are usually uniquely generated by the
attacker for the victim. The private key to decrypt the
files is stored on the attacker’s server and is
potentially available to the victim only after the
payment of a ransom. Without access to the private
key, it is impossible to decrypt the hijacked files.
New technologies are making ransomware ever more
powerful and attractive for criminals. For example:
using virtual currency to pay ransoms means that
attackers can avoid traditional banking and the
risk that money transfers can be traced.
the Tor network promotes anonymity on the web
but this enables attackers to hide the location of
their servers storing the victims’ private keys.
Going mobile. Pletor encrypts data on the
memory card of Android devices, and then uses
Tor, SMS, or HTTP to connect to the attackers.
Is it possible to protect against ransomware?
The trick is to identify the ransomware before it has
chance to execute however traditional antivirus and
firewalls have limited capability to do this. The
bottom line is adopt a multi-layered approach to
security. This can reduce the risks and mitigate the
impacts. A multi-layered approach means regular
updates to software, firewalling, email cleansing as
well as threat detection processes and management.
In addition back up your files on a regular basis – no
excuses. At least then you can do a complete restore.
And of course this multi-layered approach should
reflect your cyber security strategy. As Lexcel says:
Cyber attacks are a threat to all businesses today and
law firms are particularly attractive sources of
information. The time for taking action is NOW! It
could happen to YOU!
Take a multi-layered approach to security Do regular off-line backups
Have a clear strategy
_______________________________________________________
Alchemy Systems have 16 years of IT systems experience and are
a Microsoft Partner. Alchemy Systems Designs, Supplies, Installs,
Supports and Protects clients’ IT systems. The legal sector has
always been a strategic focus. Our staff are experienced in the
specific needs and challenges of law firms from service desk to
strategy to protection services.
Alchemy Systems Group Exeter, Honiton, Egham, Preston. Tel. 01392 248498 email. [email protected] www.alchemysys.co.uk www.alchemyinternet.net
January 2016 18 e-newsletter@DASLS
Your new Committee
The new 2015/2016 committee of the Devon & Somerset JLD were appointed on 13 November and would like to take this opportunity to introduce themselves:-
Kieran van Bussel - Chair Kieran is a Corporate/Commercial solicitor at Michelmores LLP, returning to the JLD committee in 2015/16 as Chair, having previously served as Diversity and Equality rep, Social Secretary and National rep.
This year his key aims are to continue to expand the membership of the JLD, improve the links of the DSJLD to lawyers’ groups and continue to strive for greater access to justice and access to the legal profession. He looks forward to working with the committee and our sponsors and partners to continue to support junior lawyers across Devon and Somerset.
Naomi Morley - Vice Chair Naomi is a second year trainee solicitor at Michelmores LLP and is newly elected as Vice Chair of the 2015/2016 committee. Naomi's primary ambition is to facilitate the wider provision of educational and social events throughout the year by
securing the necessary funding to offer these events to JLD members. Naomi aims to build and maintain strong relationships with our sponsors and is looking forward to working with the committee to ensure the DSJLD continues to be a valuable society for our members.
Georgie Carter - Somerset Representative Georgie is a Trainee Solicitor at Everys and specialises in Private Client. Georgie is new to the committee and is hoping to create more interest in the Somerset area and set up some networking and social events with young professionals across Somerset.
Emma Clayton - Charities Secretary Emma is a first year Trainee at Ashfords LLP. This year, she is the Charities Representative on the committee. Emma's aim is to raise as much money as possible for the JLD's charity of the year. Emma is excited to announce the DSJLD’s charity of the year in the coming weeks.
Emilie Haine - Secretary Emilie is a second year trainee at Michelmores LLP and is Secretary of the DSJLD committee (after serving as Charities Secretary last year). Emilie hopes to increase the variety of firms (large and small) who are members
of the JLD so that we can better represent the junior members of the profession across the South West.
Sam Leyland - Treasurer Sam is a second year trainee at Michelmores LLP, currently in the Corporate/Commercial team. As the treasurer of the DSJLD, Sam looks forward to having a hand in the overall
organisation of the committee along with getting involved in the planning of the DSJLD's regular events. Sam is particularly interested in increasing JLD membership.
Ashley Fletcher - National Representative After reading law at UCL Ashley completed his LPC at the College of Law in 2013. Ashley qualified as a solicitor in September 2015 and is currently in the construction & engineering team at Michelmores LLP. He is committed to supporting junior lawyers and lobbying for matters which are important to them. In particular, he wishes to lobby the SRA to continue to strive for greater access to the legal profession.
Michelle Beckett - Joint Social Secretary Michelle is a clinical negligence solicitor at Tozers LLP and joins the committee as joint Social Secretary. She has previously served on other committees around the South West and looks forward to the challenge of her new role on the JLD. Michelle believes it is important that junior lawyers have the opportunity to meet with other individuals in the profession who can help and support each other in the early stages of their career.
January 2016 19 e-newsletter@DASLS
Upcoming Events Mediation Training Day Thursday 21 January 2016 9.30am – 4.45pm 6 hours CPD Mike Lind and Gary Webber Buy to Lets for Conveyancers Tuesday 26 January 2016 9.45am – 1.00pm 3 hours CPD Richard Snape Newbuild issues for Conveyancers Tuesday 26 January 2016 2.00pm – 5.15pm 3 hours CPD Richard Snape Residential Conveyancing: 3 Day Refresher Course (Limited spaces available - Booking deadline 14.1.16) 8 - 10 February 2016 9.45am - 4.30pm 15 hours CPD Alastair Teague Avoiding Problems with the Probate Registry Wednesday 2 March 2016 9.45am – 1.00pm 3 hours CPD Keith Biggs Solving Probate Problems Wednesday 2 March 2016 2.00pm – 5.15pm 3 hours CPD Keith Biggs Financial Remedy Claims: Advocacy at both interim and final hearings. What the judges like and dislike. Wednesday 9 March 2016 2.30pm – 4.45pm 2 hours CPD District Judge (ret’d) Paul Waterworth
TUPE from the employment relations perspective Tuesday 15 March 2016 2.00pm – 5.15pm 3hours CPD Giles Vicat, ACAS Essential Property Searches and Enquiries including the Protocol Forms Thursday 17 March 2016 9.45am – 1.00pm 3 hours CPD Richard Snape Spotting fraud and avoiding liability for Conveyancers Thursday 17 March 2016 2.00pm – 5.15pm 3 hours CPD Richard Snape Sale and purchase transactions – current problems areas Tuesday 19 April 2016 10.15am – 1.30pm 3 hours CPD Peter Reekie Commercial leases: current issues in 2016 Tuesday 19 April 2016 2.15pm – 5.30pm 3 hours CPD Peter Reekie Property Litigation Update Wednesday 20 April 2016 2.00pm – 5.15pm 3 hours CPD St John’s Chambers Private Client Topics TBA Tuesday 26 April 2016 9.45am – 1.00pm 3 hours CPD 2.00pm – 5.15pm 3 hours CPD John Thurston
All courses are held in the Exeter area unless otherwise indicated.
For full course details and prices, simply download flyers from our website: www.dasls.com
Book via the website or Contact Hetty at DASLS Office on 01392 366333.
Professional Development
COMPLIANCE CONFERENCE Wednesday 2 March 2016 Details available nearer the time
FOR IN-HOUSE LAWYERS
MEDIATION BRIEFING Wednesday 9 March 2016 12.30m – 1.30pm 1 hour CPD
FOR SUPPORT STAFF & PARALEGALS
CONVEYANCING Monday 22 February 2016 9.45am – 5.00pm 5.75 hours CPD Alastair Teague
PRIVATE CLIENT (TOPICS TBA) Wednesday 27 April 2016 9.45am – 1.00pm 3 hours CPD 2.00pm – 5.15pm 3 hours CPD John Thurston
SOLICITORS’ ACCOUNTS RULES Tuesday 7 June 2016: 9.45am – 5.00pm 6 hours CPD Darren Whelan
DASLS has over 25 years’ experience of organising a comprehensive programme of seminars and conferences annually, including in-house training, with experienced and high-quality speakers; Delegates enjoy the benefits of training undertaken nearer to the office, reduction in travel and associated expenses resulting in cost-effective training with discounts available for multiple bookings - look out for our 3 for 2 Offer when you can book 3 people on the same seminar and get the cheapest place free; Practitioners can keep up to date with current developments in the law throughout the year; No penalty for substitute delegates with individual Certificates of attendance issued after each course; Members of
DASLS Education & Training Sub-Committee are responsive to requests for seminars on particular subject matters and welcome suggestions for future topics and specialists we can invite.
January 2016 20 e-newsletter@DASLS
Your new Committee Continued
Focus Areas
The committee is committed to expanding the reach of the DSJLD by increasing membership, improving relations with lawyer and student groups and continuing to strive for greater access to the legal profession. In order to achieve this three distinct focus areas have been put in place :
Diversity
Participation
Access to the profession
Sarah Dukes - Diversity and Equality Representative Sarah is a second year trainee solicitor at Michelmores LLP. This year she is the Diversity and Equality Representative on the committee, having previously been involved as the National Representative.
Sarah's aims include increasing access to the profession for all and forging further links with groups for underrepresented minorities.
Ella Nyakuedzwa-Smith - Communications Secretary Ella is a first year trainee at Ashfords LLP. Ella is a new member of the DSJLD although has previously served as a committee member of the Sussex JLD.
Ella is keen to connect lawyers from across the region, acting as the primary point of contact.
Jasmine Davis - Joint Social Secretary Jasmine is a first year trainee at Michelmores LLP. Jasmine is new to the DSJLD committee and will be sharing the role of Social Secretary with Michelle Beckett. This year her key aims are to ensure that social events continue to be fun and a good way for junior lawyers to build their personal networks. Jasmine would like to support the DSJLD's broader aim of expanding the membership through social events.
Sean Garbutt - Sports Representative Sean is a first year trainee solicitor at Michelmores LLP. This year he is a joint Sports Representative on the comittee, having previously been Vice-Chair (2013/14) and Chair (2014/15) of the DSJLD. Sean hopes to maintain and build on the sports events run by the JLD, including the annual rounder's grudge match against the DASLS grown-ups.
Rebecca Tilke - Sports Representative Becky is a paralegal in the Commercial & Regulatory Disputes team at Michelmores LLP, and was the Sports Secretary on the committee last year. Becky returns for another year as Sports Secretary
with the hope to continue bringing people together from various firms through fun events such as five-a-side football, rounders and the infamous DSJLD treasure hunt.
Adam Quint - Education Secretary Adam is a first year trainee solicitor at Michelmores LLP currently sitting in the Education team. Adam is the Education Secretary on the committee this year and is keen to increase attendance at Education
based events by listening to feedback and providing sessions that members feel are missing in their current professional training. He also seeks to continue to create good links with training providers and create a relationship with the University of Exeter's Law School.
January 2016 21 e-newsletter@DASLS
DASLS Challenge Cup 2015/16
LEAGUE TABLE:
After 5 Rounds
No team but wish you could take part?
E.mail [email protected] if you would like
to join a DASLS open team.
Don’t forget to check out our
Challenge Cup page.
Wollen Michelmore 17
Michelmores 11
Tozers 10
Foot Anstey 10
Beers 9
Gilbert Stephens 7
Kennedys 6
Scott Rowe 4
Ashfords 2
OTB Eveling 2
Trowers & Hamlins incorporating Stones
2
Crosse & Crosse 1
Ford Simey 1
Mediation s/c 1
Rundle Walker 1
Congratulations to Tozers for winning the Ten Pin bowling challenge!
Thursday 12th November saw the ten pin bowling event as part of the DASLS Challenge Cup. This is the second year running that ten pin bowling has featured in the Cup and it proved as popular, and competitive, as ever. We saw six firms competing being Wollen Michelmore (“No Ringers”), Gilbert Stephens (“The GS Girls”), Beers (“Beers Bowlers”), Foot Anstey (“Sweet FA”), Tozers (“Team Bubbles”) and Michelmores (“The Michelmores Massive”). Team Bubbles were poised to defend their title however they had to face some heavy competition from Sweet FA with No Ringers closely behind. At one point it seemed as though The Michelmores Massive were the dark horse of the night with one of their team members getting three strikes in a row. However, once again no one could compete with the might of Team Bubbles who won with an impressive 104 points ahead of second place.
The results were:- 1st Place – Team Bubbles – 749 points 2nd Place – Sweet FA – 645 points 3rd Place – No Ringers – 640 points 4th Place – The Michelmores Massive – 583 points 5th Place – The GS Girls – 458 points 6th Place – Beers Bowlers – 301 points
The King Pin Commendation (most strikes) was won jointly this year by the current holder of the title Liam Hine (Team Bubbles) and Mark Searle (Sweet FA). The Prince of Spares Commendation (most spares) also goes to Liam Hine.
Everyone had a great night and I am proud to have the event as part of the Challenge Cup. A huge thank you to all of the firms that took part and I look forward to seeing you all, and others, in the New Year.
Sam Thompson (Chair of Social Sub-Committee)
Last Event is the Quiz
on 28 January
Click here for details
CONGRATULATIONS!
TRACY BAILEY of Foot Anstey
in Exeter
Solution to the November Crossword P
1
U M2
P K3
I N4
R5
E H6
A B7
R A O E I E O
J8
A C K H9
A W K S I10
C B M
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January 2016 22 e-newsletter@DASLS
EMPLOYMENT
REGISTER
A SELECTION OF LATEST VACANCIES
Visit www.dasls.com/recruitment for a full listing of
current vacancies.
Looking for a new legal position? Not all recruitment agencies are the same! Why is DASLS Employment Register different? DASLS will not head-hunt you. We work with candidates who
have asked us to help them search for the right position. We have vacancies first. DASLS is the first port of call for many
firms wanting to recruit. Some will only use DASLS. The commissions we charge employers are normally less than
commercial recruiters. The cost of recruitment will be a factor that may affect your chances of securing the right position.
We know the employers. We have been recruiting for large and small organisations in Devon & Somerset for over 20 years.
Our staff are salaried and have no vested interest in your decisions. Many recruiters survive on their personal commission.
The recruitment service is provided for the benefit of DASLS members.
All Enquiries treated in Strictest Confidence Call Tony Steiner on 01392 366444 or 07979 746205 or email [email protected]
PRIVATE CLIENT SOLICITOR
OR LEGAL EXECUTIVE
0-3 years qualified for a busy provincial Private Client Department in one of
North Somerset’s premier law firms. Full or part-time roles considered and full
training will be given. Details on application.
CV & covering letter to: Rebecca Sage,
Practice Administrator
7-13 Oxford Street, Weston super Mare, BS23 1TE Tel. 01934 623 501
Exeter: Commercial Property You will be a solicitor with at least 2 years PQE in a broad range of commercial property work. North Devon: Civil Litigation Solicitor
Litigation solicitor wanted to join busy North Devon practice. You will have gained a broad litigation experience perhaps during training and be looking to develop your career in the North Devon area. Taunton: Injury Exec / Paralegal Trainee CILEx (several years in) or law degree level candidate to join the Personal Injury team. Taunton: Contentious Probate Due to an increased volume of work an additional Contentious Probate solicitor or FCILEx is needed to join progressive practice. Street: Commercial Property
Established practice seek a commercial property lawyer to join their busy and friendly team. Solicitor or CILEx to work ideally full time but part time considered. Launceston: Private Client Lawyer
Experienced private client lawyer able to take on a full caseload with minimal supervision.
Exeter: Will Writer
Great working environment in progressive busy solicitors' practice awaits will writer. All levels of experience considered. Yeovil: Residential Conveyancer
Opportunity for Residential Conveyancer to join busy and forward looking solicitors' practice with offices across Somerset. Similar wanted in North Devon. East Devon: Family Solicitor As part of planned expansion this small practice seek a family law solicitor. The successful candidate will have had a good seat in training or some PQE - supervision will be available where necessary - and will be based at Honiton. Mid Devon: Conveyancer Experienced residential solicitor or Charter CILEX needed to join busy team.
Exeter: Crime & Regulatory Solicitor
Crime and Regulatory Solicitor to join an ambitious and well respected team. The successful candidate will cover both prosecution and defence cases within a wide variety of private client and public sector work. To be considered for this role you will have experience of working in a police station and advocacy experience, an understanding of criminal law and CPIA & CPR. Experience of regulatory work is desirable. South Hams: Finance Officer
Financial officer needed to head up accounts team. Must be familiar with Solicitors’ Accounts Rules. Great working environment with friendly team in beautiful South Hams. Similar needed in Taunton area. North Devon: Private Client Lawyer Busy caseload and great opportunity for calibre candidate.