soloAutumn 2019
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In thIs Issue: the 23rd sPG Annual Conference Introducing our new insurance partnersOur forthcoming Málaga event & more...
tO InsPIRe, tO PROMOte, tO LeAD -suPPORtInG sOLICItORs In sOLe PRACtICe.
contentsautumn 2019
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PublishedAutumn 2019
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FINDING YOuR VOICeIN TODAY’S DIGITAL A N D P R I N T M E D I A
solo4 From the Chairwoman
6 SPG Executive Committee
8 Honorary Secterary‘s Autumn Report
10 23rd Annual SPG Conference
13 Introducing our new insurance partners
14 Next year‘s Annual Conference
16 Council Member’s Report
17 Forthcoming Regional Events
17 Thank Yous
18 DNA testing in legal practice
20 Managing internal & external procedures
21 The end of ADR?
22 Social care and loneiness
23 A challeng to legacy giving myths
26 Book reviews
30 Fridays at Quills
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Dear Members,
I was honoured to be elected as Chair at our
fabulous conference in April in Manchester,
and hope that I can maintain and increase
the level of success in many different
aspects of sole practitioners’ business and
professional lives.
First of all a huge thanks and congratulations
to Tahira Shaffi on her successful year as
Chair, and her brilliantly inspired Bollywood
themed Conference in Manchester. I am
sure all those who attended gained serious
professional information and insights, as well
as having a marvellous time. More of that in
the conference report – but look out for our
promotion for the 2020 conference in this
issue. Earlier notice than ever – giving you all
time to plan for a June break in Malaga with
added professional benefits. I look forward to
seeing many of you there.
Sole practitioners face many challenges at this
time, but we can use some as opportunities
to grow our membership, without diluting the
quality of our status. So, we are considering
how we can best deal with the change in the
way solicitors practice, in particular freelancers,
consultants and those in multi disciplinary
practices who may be the only solicitor. I
believe we should encompass all as long as
they are, within their practice, effectively
working as a sole solicitor principals, and they
offer appropriate levels of client security by
way of insurance. We will be stronger as a
group if we move with the times and embrace
new ways of practice while insisting on
maintain standards to ensure client confidence
and professional status. This will increase
our numbers and our reach as a group, and
protect us from potential dumbing down of
the profession by those who understand the
price of everything and the value of nothing.
The Secretary’s report deals with this in more
detail, and we have a Special General Meeting
in November when members are invited to
attend at the Law Society’s Hall at Chancery
Lane when we can discuss and debate
the issue, which will no doubt be lively and
informative.
To give the best service to our members, we
need the best tools, and with that in mind
we are working on revamping the website to
make it more interactive and informative. In
particular, we want members to be able to book
places for national and local events online, and
we intend to set up a members only networking
group onsite to cross refer work and consult
with colleagues.
Penny Raby with Jane Malcolm at Parliamentary
Reception
My work as Chair is simply to lead the Executive
to continue their excellent work in the best
direction to benefit our members, and I am
hugely appreciative of all of their efforts.
We are always looking for new Executive
Committee members, and you can attend an
executive meeting as an onlooker before you
commit yourself. I am delighted to welcome
David Barton as our newest Executive
Committee member, who has taken on the
task of guiding our SOLO magazine into a new
era of commercial production, for which we are
extremely grateful. Do tell us what you think
of the new approach – or even if you notice no
difference!
My work so far has been in the background
preparation for the conference, including
popping over to Malaga while I was on holiday in
Spain to choose and test our hotel the Barcelo.
While there I have secured sponsorship
from a local firm De Cotta for a reception at
the Thyssen Museum with a private tour on
the Friday, where we can network with our
international colleagues as well. I have also
attended a Parliamentary Reception for the
SRA at the House of Commons, promoting the
interests of SPG and our excellent relationship
with the SRA particularly Jane Malcolm,
Executive Director of External and Corporate
Affairs, who has confirmed we can expect their
support, sponsorship and attendance at our
conference in Malaga.
Penny Raby with Anna Bradley at Parliamentary
Reception
None of our work would be possible without
significant sponsorship, and we have been
delighted to form a new relationship with
Lockton Insurance Brokers this year. Their
support and generosity enables us to look
forward to future events and services for
members in the security that we can plan with
solid financial backing.
We all on the Executive look forward to a busy
and productive year, and hope that yours is as
exciting, productive and profitable as you desire.
Penny Raby
SPG Chairwoman 2019 – 2020
Please contact me at
From the Chairwoman
Penny RAby Chairwoman and Head of Conference
Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex
asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and, with Mike, has toured their networking pantomime ‘Snow White and the Seven Small Business People ‘ internationally, including a notable performance at the 2016 SPG Conference in Prague!
Tel: 01386 555 114 email: [email protected] Raby & Co, Harmony House, 7-9 Church Street, Pershore, Worcestershire WR10 1DT
JoAnnA ConnollyVice-Chairwoman
Joanna Connolly specialises in the areas of Consumer Credit, Contentious Probate, and Insolvency. Joanna is a solicitor with Higher Rights of Audience who is
qualified to represent clients as an Advocate in the higher courts in England and Wales. She was previously Head of Consumer Credit Litigation at MSB Solicitors and has had extensive litigation experience both at County Court and High Court level. Joanna had conduct of the lead Consumer Credit Act High Court case Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) as well as cases in the Court of Appeal.
Tel: 0330 053 9340 email: [email protected] Connolly Solicitors, 33 Cheadle Avenue, Liverpool L13 3AE
KeM MAsInbo-AMobI
Honorary TreasurerKem qualified as a solicitor in November 2002 under the tutelage of Mr Martin Mears (former President of the Law
Society). Kem has over sixteen years commercial experience gained in a variety of demanding and challenging environments. Kem’s employment history includes time spent at some of the most prestigious legal firms in Suffolk and Norfolk. A keen gardener, Kem has completed the RHS Level 2 Certificate in Horticulture and her other hobbies include reading, travelling and cooking in true “Nigella” fashion.
Tel: 01473 760 046 email: [email protected] Solicitors, Saracens House25 St Margaret’s Green, Ipswich, SuffolkIP4 2BN
ClIVe suTTon Honorary secretary & Council Member
Clive specialises in litigation covering most aspects of private and commercial work and has been a sole practitioner in Lymington in Hampshire
since leaving a partnership in 1998. His other interests are as Chairman of his local Amenity Society in Lymington and Trustee of the New Forest Centre Museum in Lyndhurst. In the past he has served as Chairman of the local Citizens Advice Bureau and Churchwarden and in the early 70s as a Resident Magistrate in the Seychelles.
Clive has been an SPG committee member since 2000 and served as Chairman, and then as Hon Secretary and Chair of the Insurance Subcommittee from 2006. He was on the Law Society Council Membership Committee for 10 years and since 2017 has been the SPG Nominated Law Society Council Member, serving now on the Councils Scrutiny and Performance Committee.
Tel: 01590 672 595 email: [email protected] Clive Sutton Solicitor, 3 The Old Print Works85b High Street, Lymington, Hants SO41 9AN
susHIlA AbRAHAMsolicitor
Sushila has lived in Surbiton, Surrey for over twenty years. She decided to start her own practice locally because she wanted to offer quality and care
to the local community. She also wanted to be free from pressure to overcharge clients in order to meet the profit and billing targets set up by some of the bigger law firms. She is married to Matthew a barrister, and they have one son who has also qualified as a barrister. In addition to being wife and mother, running her practice in Surrey, and her role on the SPG Executive Committee, Sushila is also ‘Cllr Sushila Abraham’, having been elected as Lib-Dem local councillor in the Borough of Kingston in a by-election in February 2013 and then re-elected in May 2014. Sushila was also President of Surrey Law Society and was elected as Law Society Council Member for Surrey. She is also a Board member of the Membership Board at the Law Society and a Trustee of ICLR representing the Law Society. Sushila is a very community minded person and had run cookery classes for local school children, which she called “Suzie’s Kitchen”, believing in the importance of teaching life skills.
Tel: 020 8390 0044 email: [email protected] Abraham Solicitors290a Ewell Road,SurbitonSurrey KT6 7AQ
suKHJIT AHluwAlIA Head of Marketing sub-Committee
Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal one to one service and believed that
this could be best done through his own practice. He has been based in Goodmayes in Ilford since 2003. In his private life, Sukhjit likes to get involved in a number of charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private life or in their professional capacity. Whilst he is quite a shy person, Sukhjit has been part of two documentaries exploring the changes that have taken place in the traditional arranged marriage process. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by.
Tel: 020 8215 0884 email: [email protected] Emerson, Gloucester House, 335 Green Lane, Ilford Essex IG3 9TH
Moses AJAyIsolicitorMoses was admitted as a Barrister and Solicitor
of the Supreme Court of Nigeria in 1987. He has also been admitted as a Solicitor of the Supreme Court of England and Wales. Moses is a Sole practitioner and specialises
in Human Rights and Immigration. He is also engaged in general civil and criminal matters on a private fee basis. In his spare time he enjoys sailing and has participated in many sailing events around the world. He also enjoys discovering new places and spending time with his family.
Tel: 020 7733 6506 email: [email protected] & Fletcher Solicitors1st and 2nd Floors348a Camberwell New RoadLondon SE5 0RW
DAVID bARTon editor of solo
David qualified as a solicitor in 1982. For 20 years he was a partner in a medium-sized mid Kent firm from which he retired in 2003 to start his own practice as a sole practitioner.
Since then he has specialised in solicitors’ professional misconduct and criminal road traffic work. In April 2002 David was awarded the Higher Court’s (All Proceedings) Qualification.
From 1996 until 2016 David was one of the SRA’s external prosecutors. He also advised and represented solicitors and their firms in regulatory difficulty, and now does that exclusively. David is married with 3 grown up children. He is a keen cyclist, golfer, walker, traveller and reader.
Tel: 01580 292409
email: [email protected] Barton Solicitor Advocate LimitedFlagstones, Biddenden, Kent TN278JG
RAHIl CHAuDHuRIsolicitorRahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and then went on
to train and work at some of the most prestigious law firms in the City before joining Arlingsworth in 2005. Rahil is a highly experienced and versatile solicitor and has practiced in the fields of immigration, family, commercial, employment and litigation for the past 20 years. He now specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas. Rahil’s client base spans a wide range of sectors from multinational companies to private individuals. Rahil always works tirelessly to achieve successful results for his clients and he is driven by providing exceptionally high standards of client care. Tel: 01273 696 962 email: [email protected] Solicitors Ltd, 145 Islingword RoadBrighton, East Sussex BN2 9SH
DoRCAs FAloDesolicitor
Dorcas is a Sole practitioner, at home and abroad. She recently celebrated 10 years of being a SP with offices in London and Lagos. She flies in and out of the UK on a
regular basis dealing with a variety of cases. She specialises in Immigration Law dealing with entry clearance cases, family reunion, visitors’ and students’ visa applications. The practice also deals with family and education cases, giving a voice to the weak and defenceless. Dorcas is married with four children. When she is not busy attending to clients, she works as a counsellor, nurse, cook, taxi driver, tutor of her four young adults. She loves to travel and finds shopping very therapeutic.
Tel: 020 3223 1061 email: [email protected] Solicitors, 791 Sidcup RoadLondon SE9 3SB
DAVID HInDe solicitor
David is a dispute resolution specialist with over 20 years’ experience dealing with civil and employment law matters. After reading law at the University of
London he trained and qualified in the City of London working at leading law firms before starting his own niche practice as a sole practitioner based in Covent Garden. Acting for individuals and SME companies he has dealt with a wide-range of cases ranging from judicial review in the European Court of Justice to contract and
property disputes in the High Court and County Court. He is a member of the Employment Lawyers Association and speaks French. Married with a son who keeps him very busy when not in the office, he is also a school Governor of his local Primary School and enjoys reading, cycling and the cinema.
Tel: 020 7112 5209 email: [email protected] Law Ltd, 71 - 75 Shelton StreetLondon WC2H 9JQ
HAMIsH MCnAIRsRA liaison lead
Hamish is based in Fulham, London. Having initially specialised in copyright and trade mark work, both in the City and New York City, his practice now includes
conveyancing, wills trusts and probate, as well as litigation. Married with three children, when Hamish is not in the office or involved in SPG matters he enjoys open-air swimming, sailing, overnight bike rides, and also has a passion for the theatre.
Tel: 020 7371 7896 email: [email protected] & Co, EBC House, Ranelagh GardensLondon SW6 3PA
oluwAKeMI MosAKusolicitor
Kemi was called to the Nigerian Bar as a barrister and solicitor of the Supreme Court of the Federal Republic of Nigeria in 1989 and admitted as a solicitor of the
Supreme Court of England and Wales in 2004. She has a varied work experience which includes working in the immigration department of the Home Office, private practice both in legal aid and privately funded matters in the UK. Her last role was head of immigration department in a firm before setting up as a sole practitioner. She specialises in Immigration and Human Rights Law. She also undertakes family law work and landlord and tenants. Outside of work Kemi is a trustee in a thriving charity and enjoys spending time with her three sons. She also enjoys keeping fit, music, networking, reading biographies and current affairs.
Tel: 01634 780 230 email: [email protected] Solicitors, The Old Courthouse, 1 The Paddock, Chatham, Kent ME4 4RE
TAHIRA sHAFFI
Past-ChairwomanTahira has been a practicing solicitor for 20 years. She set up as a sole practitioner after being made redundant in 2010. She has
found the SPG to be an extremely helpful point of contact on so many issues which are affecting the whole profession whilst paying particular
attention to the needs of Sole Practitioners. Tahira understands that being a sole practitioner can be a lonely experience but networking with like-minded individuals makes all the difference. She is glad that there is an independent body outside of the Law Society that is working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has lots of interests outside of the law including politics. Tahira was previously an LEA school governor and has stood as a candidate in the local elections and is passionate about civic duty and putting something back into the community. It is a lot to juggle with but Tahira is proud of the work of the SPG because she believes in better representation for Sole Practitioners!
Tel: 0161 222 6092 email: [email protected] Law, 197 Rochdale RoadBury, Lancs BL9 7BB
lubnA sHuJACouncil Member Lubna qualified as a solicitor in 1992. She was a partner in a high street firm in West Yorkshire for many years and then started her own practice
in Birmingham in 2007 undertaking mediation, family and civil litigation. Lubna became a CEDR accredited Mediator in 2005, and is dual qualified to conduct both Civil and Family mediations. She has done shuttle mediations (where parties prefer not to meet) and also time limited mediations (2-4 hours duration). Lubna is also involved with various regulators and she Chairs a number of Disciplinary/Professional Conduct Committees. She is a Law Society Council member where she represents the interests of sole practitioner, Chair of the Law Society’s Membership and Operations Committee, and she also sits on the Law Society Board.
Tel: 0121 551 7866 email: [email protected] Legal Swan Solicitors, 1st Floor, 168 Hamstead Road, Handsworth, Birmingham B20 2QR
nICHolAs woolFInternational Arm
Nick was admitted as a solicitor in 1979 and was a junior partner in two firms in London before starting his own practice in the West End in 1987. In 2011 he moved on to
create a niche international commercial and family practice in Chancery Lane. He is a Member of the Solicitors Family Law Association and has trained other professionals on family law matters and anti- money laundering. Nick is married with four children and he has a range of hobbies which include travel, music, tennis, reading and photography.
Tel: 020 7242 6018 email: [email protected] Woolf & Co Solicitors87 Chancery Lane, London WC2A 1ET
Sole Practitioners Group Executive Committee 2019
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For the spring 2019 edition of solo my only
contribution as secretary needed to be the
introduction of lockton as our partner to
whom we can recommend members as our
preferred insurance broker to obtain their
professional indemnity insurance.
That partnership got off to a flying start with
their involvement in our annual conference in
Manchester.
Those of you who were there will remember
that conference as being a great success and
I have no hesitation in reminding you of the
next conference which is to be in Malaga in
Spain on the 5th, 6th and 7th of June 2020.
That brings me to my first technicality to alert
you to as honorary secretary. The constitution
provides that the Annual General Meeting
must be held in England and Wales which
was an acceptable position before modern
communications to ensure that everyone who
wanted to be at the AGM could be involved.
However, we have now had two successful
annual conferences abroad in Paris and
in Prague and now to be in Malaga and on
each of the previous occasions it has been
necessary for us to have another AGM in
England and Wales to comply with the needs
of the constitution.
The view of the committee now is that the
rule that there should be an AGM in England
and Wales can be relaxed so long as anyone
who cannot go to the conference or does
not want to go to the conference can be
involved in it through a Skype communication.
Accordingly, the proposal is that the
conference will be allowed to be abroad so
long as a Skype communication with any
individual member wishing to be involved, is
available and is working.
The executive committee is likely to agree
this amendment at its next meeting on
5 September to be followed by a Special
General Meeting at The Law Society on 14
November at which the amendment will
be proposed. There will be a formal email
circulation of the amendment with the notice
of that meeting. This will be coupled with a
presentation by Lockton. I hope many of you
will come as it is in London at The Law Society
and will be an occasion for as many members
as possible to get together and discuss
matters in addition to just the amendment.
Another matter for discussion at a Special
General Meeting or AGM will be whether
the membership of the group should be
extended to accommodate newer types of
practice by sole practitioners or solicitors
effectively practising on their own whether
with a regulated business or not. Changes
in practice will be introduced by the SRA
in November and the current view of the
executive committee is to wait to see the
effect of those changes before making any
changes to the constitution.
Finally, some of you may know that I had
a 10 year involvement with the Council
Membership Committee. Following the
changes to the Board structure of The
Law Society Council, it was agreed that
the Council Membership Committee would
come up with proposals for changes in the
representation of the membership by Council.
There is a wide-ranging report which is now
available for circulation and if anyone wants
to see it, do please let me know and I will
forward it to you. So far as sole practitioners
are concerned the report leaves the basis
for two sole practitioner solicitors as Council
members but encourages the SPG to “return
to the fold” of The Law Society. The SPG
however were never really within The Law
Society but have always been an independent
group originally supported by The Law Society
but now self supporting, and the view of the
committee is that that independence should
continue to be able to give our members the
best independent support.
However, we are regaining strong links with
the Society through Lubna Shuja, my fellow
Council member who is now chair of one of
The Law Society boards, as well as myself
as a member of the Performance Scrutiny
Committee of Council.
Any views by members as to our future
relationship with The Law Society would be
welcome either privately to the executive
committee or aired at our next General
Meeting in November and subsequent AGM
next June in Malaga.
Can I commend to you the support that
the Group receives from Penny Raby as
Chairman, Kem Masinbo-Amobi as Treasurer
and Jo Connolly as Vice-chairman who, with
myself, make up the officers of the executive
committee, and in that role we are admirably
supported by Charley Masarati and her
partner Nick.
At the moment we have vacancies for
committee members and it is open to anyone
to come to committee meetings as an
observer and then to seamlessly become a
member of the committee and be formally
nominated a member at the next AGM. We
welcome David Barton as our most recent
committee member following the last AGM.
Finally on a more informal and personal
note can I report that Hamish McNair, the
executive committee chairman of the
SRA subcommittee, and I formed the sole
practitioner contingent amongst the 5,000
or so solicitors who made the 10 km London
legal walk in June and as a result the Group
contributed £500 to the legal charities.
Clive sutton
Honorary secretary
August 2019
Honorary Secretary’s report for autumn 2019 edition of solo
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Our Chair, Tahira Shaffi, had been inspired
to choose a Bollywood theme for the Gala
Dinner, with authentic Indian dancers and
musicians leading the guests in procession
from the champagne reception to the
Bollywood style decorated gala dinner itself.
This was the ultimate highlight for a
conference which not only entertained, but
also informed and stimulated debate and
networking amongst the sole practitioner
members and their guests.
Our keynote speaker Peter Wilding,
Brexit Director of FBC Manby Bowdler
and Chairman of British Influence, gave a
fascinating talk on How Small Practices
Can Survive Brexit, encouraging us to be
pragmatic and emphasising the flexibility of
small organisations over larger firms.
Business sessions included Brian Boehmer,
of our sponsor Insurance Brokers Lockton,
advising us on Dealing with Complaints,
Improving Cashflow by Helen Fleet,
Financial Strategist, and an enlivening
session from Richard Fallon on Sunday
morning on Marketing on a Shoe String.
Once again, the Law Society and the SRA
spoke on a joint platform, engendering
lively debate, particularly on the interface
between flexibility in practice and dumbing
down the profession. Strong views were
expressed, but
as Kenny Everett used to say ‘all in the best
possible taste‘.
This year we revived the breakout sessions
updating the law on various practice
specialisms, which was extremely popular
and will be repeated in 2020, with the
addition of Family Law. It was heartening to
see such enthusiasm the morning after the
Gala Dinner!
We were also delighted to give an
opportunity for the Solicitors Assistance
Scheme and Lawcare to address the
group, and we raised an extraordinary
£1,235 through the raffle and payments
for much needed back and shoulder
massages throughout the weekend, all
of which was given to the Chair’s chosen
charity Bury Hospice.
As Conference Organiser, huge thanks to
all who made this wonderful event run so
successfully. In particular Tahira Shaffi,
who chose to take on a huge role above and
beyond the usual contribution by the Chair.
Next year we are booked for Malaga 5th to
7th June. Do book early, including flights
and accommodation, as it its clear that this
will be extremely popular and that will also
ensure best prices.
I look forward to seeing you!
Penny Raby
Conference Chair & SPG Chair 2019 – 2020
SPG 23rd Annual Conference‘empowering your practice‘ 5th-7th April 2019 ... at the Marriott Hotel, Manchester.
Riverboat tour of Manchester
Inside the boat Bollywood Gala Dinner Procession
Clockwise from top left:Jane Malcolm - executive Director External and Corporate Affairs of SRA
Robert Bourns - Chair of the Law society Board
Lord Mayor of Manchester Councillor Abid Latif Chohan, Former Chairwoman tahira Shaffi & Current Chairwoman Penny Raby
The weekend of the Grand national at Aintree brought extraordinary ladies outfits to the conference hotel, adding to the exuberant atmosphere for yet another great success.
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The SPG at the Bollywood Gala Dinner
Lockton MugsAttendees
Drinks Reception Dancing!
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The Lockton SPG Offering
Thank you to the numerous members who kindly
took the time to complete the PII survey we
recently designed. The aim of the survey was to
provide ourselves with a further understanding
as to the needs of sole practitioners across
England and Wales in order to shape our offering
accordingly.
The survey showed us that the main considerations
for firms when dealing with their PII renewal are
overall cost, stability of insurer and run-off cost. As a
direct result of the responses, we have managed to
negotiate enhancements in coverage with a number
of insurers, which otherwise would not have been
possible within the marketplace. We are pleased
to advise that the enhancements are available
exclusively to sole practitioner clients of Lockton, for
those of you who utilise our services currently and
for those who we hope to work with moving forward.
It has been widely documented in the insurance
press that the UK Professional Indemnity Insurance
(PII) market is challenging. A more granular focus on
the England and Wales legal PII market shows that a
number of Participating Insurers are reviewing their
solicitor portfolios as a direct result of claims activity.
Despite this, it is not all doom and gloom, especially
for sole practitioners.
Dependent upon the profile of a firm, we have
direct access for up to 11 Participating SRA Insurers,
many of whom thus far have been very receptive
to growing their market share of sole practitioners.
We have also worked with our panel of Insurers to
ensure a reduction in their minimum premium levels
in respect of certain work profiles, in particular firms
practicing in low risk areas of law. Last but by no
means least, we have also secured agreement from
two of our main insurer partners to reduce their run-
off premium for the SPG membership, one of the
higher priorities arising from the survey.
The changes outlined above are just the beginning
of our intentions for the SPG, we will be evolving our
offering and will be engaging directly with member
firms to assist us in doing so.
Our approach to all members will be consultative, if
there is anything you feel could be improved around
the PII renewal, or any further enhancements you
would like to see made then we would be glad to hear
from you.
Professional Indemnity Insurance: Our advice as to how best to prepare for renewal Whether you enjoy the process or (most likely)
not, the PII renewal is one of the most important
tasks you will undertake throughout the year.
When an Underwriter turns the pages of your
Proposal Form they can quickly identify how much,
or how little, time and effort has been invested in
its completion. It is important that you take the
time to prepare a presentation that represents
your practice appropriately. Remember, it is not
only about the work that you undertake, it is how
you do it. If you do not take the time to articulate
to insurers how or why you should be treated
differently, then you run the risk of an Insurer not
being adequately armed to be able to differentiate
your practice.
Recognising the Proposal Form generally only
asks for historic information, it is also important to
advise what your plans are for the future. What do
the next five years look like? Due to the long-tail
nature of the class, PII Underwriters will naturally
look into your history but also have an eye firmly
focussed on the future, if they feel that you have
the same attitude then it can help.
Another suggestion would be to add as much
relevant additional information as possible. We
highlight the word ‘relevant’ as you should stick to
material information. Whilst Underwriters will have
no use for your office manual, you may wish to
include improvements that you have made to your
internal processes and procedures to evidence
good risk management.
In addition to reviewing the presentation that
you prepare, we know that prudent underwriters
will look to access and review all readily available
information. It is important to ensure that you do
not have any discrepancies in your presentation,
your website along with what the Law Society
have as the areas of practice undertaken at your
organisation. Advertising areas of law on your
website or having incorrect areas of practiced
listed on the law society that are not identified on
the Proposal form can deter underwriters putting
terms forward for your consideration, as they
may think that you are materially non disclosing
information – especially if missing items are from
higher risk areas of law.
We hope that you find value in the above
suggestions, and that our tips are thought provoking.
If you have any questions then please get in touch. To
reiterate, we truly are excited to have the opportunity
to work with the SPG, and look forward to forming
working relationships with those SPG members who
have an interest in doing so with us.
Danny seaman
Lockton Solicitors
0330 123 3870
Introducing our new partnerswe are pleased to be new insurance partner for the sole Practitioners Group and are excited to work with the membership moving forward. we are looking forward to assisting as many sPG members as possible with your insurance requirements.
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All sole practitioner solicitors are invited to
join us at our Annual Conference weekend. we
also invite members of small firms who will find
our event extremely useful and an economical
way to achieve training objectives. As with
previous conferences, you are most welcome
to bring family members to enjoy the social
side of the weekend.
2020’s Annual Conference will be in the
glamourous and historic city of Málaga on the
edge of the Mediterranean Sea. More than 3,000
years of history have passed since Málaga’s
establishment by the Phoenicians up to achieving
the beautiful, friendly and cosmopolitan city that
enchants tourists from all over the world today.
The Roman Theatre and garum (Roman fish
paste) pools will take you to the times of Roman
Hispania. Meanwhile, the Alcazaba is the most
beautiful living example of the period of Muslim
domination. Experience the reconquest (La
Reconquista) by the Catholic Monarchs from the
Santuario de la Victoria (the Shrine of Victory).
Or stroll along Calle San Agustín, formerly known
as the Calle de los Caballeros, the street of the
knights since they settled on this street, with
the Palacio de Buenavista as its most significant
feature. Visit the Cathedral and see real works
of art. Stroll down Málaga’s main street and learn
more about the Marqués de Larios. Admire
buildings of different ages and be enthralled by the
stories that the city can tell.
The conference will start on Friday 5th June 2020
with three exciting optional events, a morning
golf competition, an afternoon tour of Málaga
City and our Drinks and Tapas Reception at the
Carmen Thyssen Museum. The reception at the
Carmen Thyssen Museum is for adults only and
is your opportunity to network with national and
international colleagues.
Saturday and Sunday daytime will be full of
presentations by eminent guest speakers,
covering everything you need to know as a Sole
Practitioner. The President of The Law Society,
Simon Davis, has confirmed his attendance
and representatives from the SRA and Legal
Ombudsman have also been invited to attend, use
this opportunity to have your voice heard.
Our Fiesta on Saturday evening promises to
excite, featuring authentic Spanish cuisine
and entertainment, party the night away in
Spanish style.
Accommodation Accommodation - bookings to be made DIRECTLY BY DELEGATE WITH THE
HOTEL. The rates have been confirmed as:
Double for single use……… 151,80€
Double for double use……. 162,80€
*TAXES included
*Price per room and night
*Bed and breakfast
Bookings are to be made via Barcélo’s website. Please book quickly as rates
are subject to change.
PricesSole Practitioner Delegate – Both Days £180.00 including VAT
(£150 excluding VAT)
Sole Practitioner Delegate – Saturday £150.00 including VAT
(£125 excluding VAT)
Sole Practitioner Delegate – Sunday £90.00 including VAT
(£75 excluding VAT)
Non-Sole Practitioner Delegate – Both Days £240.00 including VAT
(£200 excluding VAT)
Non-Sole Practitioner Delegate – Saturday £180.00 including VAT (£150
excluding VAT)
Non-Sole Practitioner Delegate – Sunday £120.00 including VAT (£100
excluding VAT)
Please note the delegate fee includes the daytime programme only. Lunch on
Saturday is included in the price for the delegate only.
FRIDAy GolF MoRnInG TBC
FRIDAy TouR oF MálAGA CITy TBC
FRIDAy DRInKs & TAPAs ReCePTIon AT CARMen THyssen MuseuM
Free of Charge, restricted places, please book early, adults only
sATuRDAy DRInKs ReCePTIon & FIesTA ADulT PlACe
£66.00* including VAT (£55 excluding VAT)
sATuRDAy DRInKs ReCePTIon & FIesTA – CHIlD PlACe
£24.00** including VAT (£20 excluding VAT)
Saturday Lunch – Adult Guest Place
£34.00** including VAT (£30 excluding VAT)
Saturday Lunch – Child Guest Place
£15.00** including VAT (£12.50 excluding VAT)
*Includes wine and soft drinks
**Includes soft drinks
All prices are per person.
FAQswhere is the hotel?
The hotel is 10.3km away from Malaga/Costa del Sol Airport and 500m from
San Andrés beach/Huelin beach.
what are my transport options for getting to and from the event?
There is a train which operates from Málaga airport directly to the Barceló.
Alternatively, there are always plenty of taxis for you to jump in.
For maps and transport information please visit the Barceló Málaga website.
https://www.barcelo.com
I don’t want to stay at the barceló Málaga, what other accommodation
options are there?
There are also many other hotels in Málaga, catering to a number of different
budgets. For more information please see the accommodation section of
http://www.malagaturismo.com/en#
I want to bring my family with me to Málaga, what can they do whilst I am
attending the Conference?
There is something for everyone in Málaga!
Your family could spend the day on the beach, visit the local artisan markets,
visit the local museums and art galleries, or spend the afternoon by Barceló’s
rooftop swimming pool.
There are lots of ideas at http://www.malagaturismo.com/en
How can I contact the organiser with any questions?
Please email Charley or Nick at [email protected] or call 01895 256972.
24th Annual Conference Malaga
‘‘THIS IS A CONFERENCE NOT TO BE MISSED!
Friday 5th June 2020
09:00 to 13:00 Golf Morning
12:00 to 19:00 Registration: Please visit the registration desk when
you arrive to pick up your welcome pack
14:00 to 17:00 Afternoon tour of Málaga City
19:00 to 22:00 Drinks & Tapas Reception at Carmen Thyssen
Museum (Adults only, smart casual wear)
Sponsored by De Cotta Law
saturday 6th June 2020 (Suggested CPD hours: 6)
09:00 to 09:20 Registration
09:20 to 09:30 Welcome to Conference with Penny Raby,
SPG Chair
09:30 to 17:30 Business and Professional Practice Sessions
including the AGM of Sole Practitioners’ Group.
18:30 to 19:30 Cava Reception
20:00 to late SPG Fiesta Gala Dinner including a Spanish Feast
and Flamenco
sunday 7th June 2020 (Suggested CPD Hours: 4)
09:30 to 11.30 Legal Update Breakout Sessions for
Specific Subjects
11:30 to 12:00 Refreshment Break
12:00 to 12:50 Business Advice Sessions
13:50 to 14:00 Close – SPG Conference with Joanna Connolly,
New SPG Chair
Programme
whether you are a new sP or already have a wealth of experience running your
own firm, why not contact your regional group and find out what events they run.
Regional Group meetings can be the perfect opportunity to air your views, keep
up-to-date with changes that affect your practice, meet like-minded solicitors,
make new contacts, share ideas, earn CPD points, make new friends…
bradford Regional Meeting
20th september 2019
Topic: Price Transparency Rules
Speaker: Richard Williams, SRA
Time: 11am to 1.30pm
Venue: The Bradford Club, 1 Piece Hall Lane, Bradford BD1 1PJ
birmingham & west Midlands Regional Meeting
4th november 2019
Time: 6pm to 8pm
Venue: No 5 Chambers, Steelhouse Lane, Birmingham, B4 6DR.
london Regional Meeting
& sPG’s special General Meeting
14th november 2019
Title: Presentation by Lockton followed by SPG’s Special General Meeting
Venue: Reading Room,
The Law Society,
113 Chancery Lane, London WC2A 1PL
Timings:
5pm Registration and drinks
5.30pm to 6.30pm Speaker session by Lockton
6.30pm to 7.30pm SPG’s Special General Meeting
7.30pm to 9pm Drinks Reception and Canapé
Lockton’s Session will include:
- An update following October Renewals and identified trends.
- Freelancers: What Insurance Brokers think.
If there is no existing Regional Group in your area, or your Regional Group
has been dormant for some time, and you are willing to set up a Group
or resurrect it, then sPG can assist you. Please contact Tracey Mauge at
[email protected] for more information.
birmingham and west Midlands sPG Regional Group Meeting updateThe Birmingham and West Midlands Regional SPG met on 1 July 2019 in
Birmingham. We welcomed Marc Rowson from Locktons who spoke about what
to expect from the forthcoming PII renewals, how best to prepare for the renewals
and the insurance considerations of the new SRA changes coming into force in
November 2019. The talk was very well received and indeed, subsequently some
attendees confirmed they were able to secure cheaper PII premiums through Marc
on renewal. Our next meeting is due to take place on Monday 4 November 2019
at 6pm at No 5 Chambers, Steelhouse Lane, Birmingham. If you are interested in
attending, please contact me on [email protected].
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I attended the law society Council meeting,
along with Clive sutton, on 4-5 July 2019
which culminated with the law society AGM at
which simon Davis was appointed President of
the law society, David Greene was appointed
Vice-President and stephanie boyce was
appointed Deputy Vice-President. sPG looks
forward to working with all the new office
holders over the next year. sole practitioners
(“sPs”) will have an opportunity to meet simon
Davis at sPG’s Annual Conference in Malaga
on 5-7 June 2019. some of the key issues we
discussed at the Council meeting in July 2019
are set out below together with an update on
current law society activities.
FreelancersThe SRA handbook changes, which are due to
be introduced in November 2019, will allow for
a new category of solicitor – the ‘freelancer’,
practising in their own name and not employing
any other staff (if they are offering reserved
services). The Law Society has been running an
information campaign to encourage members
to be ready for the changes. It is also offering
help and guidance for those who want to
consider becoming a freelancer as well as
guidance to other members on how to work
with freelance colleagues. There will be web
resources, a practice note (due in August),
a blog and articles as well as webinars and
e-learning available on the website.
legal technologyThis is a growing area of work which covers
document automation, use of chatbots,
practice management tools, predictive
analysis, and knowledge management and
research. Reasons for solicitors not using
these include culture, training, operation and
regulation. The legal sector is still behind
the financial sector in the use it makes of
technology.
For those of you who want to know more about
“Lawtech”, there is a great deal of information
available on https://www.lawsociety.org.uk/
support-services/lawtech/ which is The Law
Society’s new Lawtech webpage. Members
can access a series of “Tech Talks” podcasts
which include an introduction to lawtech for
those who are new to the concept. The page
has already had over 2,000 hits in the first two
weeks and the podcasts were viewed over 200
times. The Law Society is also working with
partners such as Legal Geek and Barclays Eagle
Labs. Next steps will include developing a
digital guide and rolling out events on the topic
to regional legal centres, so do try to attend
one in your area if you can.
Promoting the professionSPs may have noticed the latest solicitor brand
advertising campaign being run by the Law Society
to promote the profession. With the forthcoming
changes in regulation, it is important the public’s
awareness of the value of using a solicitor is
emphasized. The advertising began in July 2019
and included:
(a) Outdoor advertising on tube, rail, trams and
railway stations:
• London underground – for 2 weeks
• Rail 4-6 weeks and tram /metro /rail interiors
for4weeksindifferentlocations)
• Bus posters – for 6 weeks
(b) Radio, Spotify, TV, social media and PR / press
• Spotifyads(newfor2019)for4weeksinJuly
• Radioads(newfor2019)for4weeksinJuly.
• Sky TV advert for 4 weeks targeting border
England, Midlands, East, HTV Wales
(c) Ongoing all year continuously from 1 Nov 2018 to
31 Oct 2019
• Social media advertising/posts on Instagram,
Facebook, LinkedIn and Twitter
• PR regional newspaper columns
(d) Other forms of Media
• There have been more broadcasts and
national media coverage including a story on
the front page story of the Financial Times on
Artificial Intelligence, an appearance on the
Today programme by the previous President
Christina Blacklaws speaking on ethics and
algorithms, and wide-ranging coverage of the
Law Society’s Legal Aid Deserts campaign on
Radio 4’s Today programme and BBC news.
non-Disclosure AgreementsThe Law Society has launched a new public legal
education initiative to help the public understand
their rights when faced with non-disclosure
agreements (NDAs). Information is being
disseminated to the public and through partner
organisations and law firms. Members can also
access information at https://www.lawsociety.org.
uk/support-services/advice/practice-notes/non-
disclosure-agreements-and-confidentiality-clauses/.
RegulationProfessor Mayson’s independent review is looking
at the future regulation of the profession. The
review is considering a number of possible
regulatory models for the future, including
models for the regulation of activity (reserved
or otherwise) and/or the solicitor title. There are
advantages and disadvantages associated with
the various models proposed and Council agreed
it will be important to assess carefully the impact
of potential reform, particularly in relation to areas
proposed to be more lightly regulated, bearing in
mind the public interest and public protection. It
is anticipated that a report from the review will
be produced in October. Council remains firmly
committed to the principle of regulatory and
representational independence from government.
If you have any views on aspects of the Mayson
Review, please do contact me with your views.
ethnic Minority lawyers Division (eMlD)The EMLD shared some of the work they have
been doing. Statistics for 2017 highlighted the
increase in the proportion of BAME solicitors –
from 2% of the profession in 1987, to 16.5% now.
However, one of the issues is that BAME solicitors
feel there is too much focus on London, so the Law
Society has been running events in the regions.
There has also been active dialogue about BAME
representation in local law societies, and with
several UK law firm networks that focus on BAME
issues. If you are a BAME SP and there is an EMLD
event in your area, please do attend to find out how
you can get involved.
other Council businessThe Council agreed to keep the proposed
Practising Certificate fee at the same level for the
third year running. This proposal will go on to the
Legal Services Board for approval.
The Audit Committee presented its annual report
to Council, having assured the Board that the
financial statements for 2017/18 are true and fair.
The Law Society’s annual report and accounts are
published on the Law Society website.
Council was updated on the Law Society’s evolving
business plan for 2019/20, which will include policy
themes of access to justice, the role of profession,
technology, civil justice, regulation, property and
Brexit. There will also be a focus on the Member
Offer which includes events, accreditations,
commercial income, insights and data.
Regular updates from my Law Society activities
can be found on the SPG website on spg.uk.com.
If you would like any further information on Law
Society activities, or wish to discuss any issues
affecting sole practitioners, or would like me to
raise any matters with the Law Society, please do
not hesitate to contact me on [email protected]
or on 0121 551 7866. I would also be interested
to hear any thoughts you may have about how the
Law Society can support you or what you would like
to see it doing for you.
lubna shuja
Law Society Council Member for SPG
Chair of the Law Society Membership and
Communications Committee Member of the
Law Society Board,
August 2019
Council Member‘s ReportA REPORT FROM LAW SOCIETY COUNCIL MEMBER lubnA sHuJA
Forthcoming Regional Events
We would like to thank Clive
‘The oracle’ sutton for
his dedication and support
of SPG. He has been an
Executive Committee
member since 2000 and
we were delighted to
present him with a Lifetime
Achievement Award at
the Annual Conference in
Manchester this year.
We would also like to thank
Josephine Duchenne
who has stepped down
as Editor of Solo and from
the Executive Committee.
Josephine was instrumental
in producing editions of Solo
in 2017 and 2018 and we are
eternally grateful.
Clive sutton
Josephine Duchenne
THAnK yous!
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Many family law, inheritance and social services
cases are now being resolved by the use of DnA
technology in order to determine parentage or
other biological relationships.
Thus it is a pleasure to welcome you to a series
of articles in which we hope to explain how best
to use DNA testing in your practice, but perhaps
more importantly, to discuss with you pertinent
legal issues arising in the areas such as surrogacy,
parental responsibility, multiple parent babies,
paternity fraud and transgender rights.
Technology, the law and society sometimes
struggle to keep up with each other and this is
particularly so with the advent of DNA technology.
We will begin this series with an explanation of how
the process is undertaken.
The majority of cases requiring a DNA test are
for paternity, where we are trying to prove that
a tested male (the alleged father) is, or is not,
the true biological father of a tested child. DNA
is essentially a chemical string of code which is
unique to an individual, is contained in nearly all the
cells of your body and is inherited half from the
mother and half from the father. We can examine
this code in several ways to look at individual and
population characteristics, diseases (prediction
and diagnosis), ancestry, to identify individuals
in forensic cases and of course, to decipher
human relationships. To achieve this, the DNA is
extracted from a few cells taken from the buccal
cavity, a painless and non-invasive procedure
which uses a cotton swab rubbed around the
cheek of the mouth. In an identity test, the DNA
is then examined for regions of similarity between
the tested persons. In the case of a paternity test,
the DNA test report will then confirm that the
tested man is (usually with a certainty in excess
of 99.999%) or is not the biological father of the
tested child (with 100% certainty). This is termed
an inclusion (he is the dad) or an exclusion (he is
not the dad).
As solicitors, cases may come to you directly
from the general public or you may represent
one of the parties in for example, a case involving
the local authority where cases may involve
legal aid. There are two types of test in general
use, with the common parlance of a “legal” or
“accredited” test or a “peace of mind” test.
This is an important distinction, because only
a legal/accredited test may be used for a legal
purpose, such as changing birth certificate. In
an accredited test, the appointed company will
take control of the entire sampling and identity
verification process, so that there is in effect a
chain of custody of the sample from the subject
to the laboratory. In a “peace of mind” test,
the individuals are allowed to take the samples
themselves and then return them to the
laboratories; of course, in such cases we then
rely on the participants to take the sample from
the correct individual. This is unsuitable for any
legal purpose.
A common issue relates to Consent and who has
Parental Responsibility for the child. For DNA
testing we must have “appropriate and qualifying”
consent for each sample to be tested1. Consent
is required from each adult party that is to be
tested and if the test involves a child under 16,
then we must also have consent from a person
with Parental Responsibility for that child. This
is generally the mother, but may be the father
under certain circumstances or indeed some
other body (sometimes jointly shared with
the parents), such as the local authority. We
are often asked about the participation of the
mother in the process, which is in fact required
for a legal/accredited test. With the mother’s
DNA analysed in the test, in the case of an
inclusion the percentage probability of paternity
is generally much higher. This is because the
child’s DNA is inherited half from mum and half
from dad…but we don’t know which half ! So by
identifying the mum’s DNA, we can then see that
the remaining DNA must come from the dad.
Sometimes, mum or alleged father(s) are not
available for sampling and we then seek to
obtain a DNA sample from other close family
members so that we can attempt to establish
a presumed parentage via DNA from siblings,
grandparents or uncles and aunties. While the
figures for relatedness will not be as strong as for
a direct paternity test, we can often gain useful
probabilities which provide helpful supporting data
when taken together with other evidence. Cousins
are biologically too far removed to be helpful in
this process.
These are all of course somewhat complex issues
and if you require more detail on any of the points
touched upon here, we suggest at this point
we redirect you to our office (where our staff
will be happy to help) or to our website for more
information. Details for both can be found below.
In addition, you may like to join our registered
sampler programme (an online test) which would
enable you to do the identity checks and to take
the clients samples…there are reasonably well
established LAA fees for so doing. Please contact
us if you would like to add this to your portfolio of
services.
DNA profiling is now embedded as a key tool for
the legal profession and new applications of this
technology are likely to support your activities for
several years to come. We hope you enjoy the
articles in subsequent publications, which we hope
will raise some interesting points of family law for
your consideration.
About the author: Neil
Sullivan, BSc, MBA (DIC), LLM,
PhD is General Manager, of
Complement Genomics Ltd
(trading as dadcheck®gold).
The latter is a company accredited by the
Ministry of Justice as “A body that may carry out
parentage tests as directed by the civil courts in
England and Wales under section 20 of the Family
Law Reform Act 1969” and by virtue of directly
running laboratory services which meet the
stringent and internationally recognised ISO/IEC
17025 standard.
Please see: http://www.dadcheckgold.com
Tel: 0191 543 6334,
e-mail ; [email protected]
1 The Human Tissue Act, 2004
we are pleased to be new insurance partner for
The Lo
An introduction to the use of DNA tests in legal practice - the test of a relationship…
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By Deborah edwards, Professional Services Director Insight Legal
The role of legal practitioners is becoming ever more complex. In the last 18 months alone, we have seen new protocols such as the european Parliament’s GDPR regulation and HMRC’s Making Tax Digital initiative shake up processes within the uK’s legal practices. with the upcoming revisions to the solicitors Regulation Authority’s Account Rules in november, further change is on the horizon and practice managers must ensure that their firms make provisions in order to adapt and remain successful.
Managing a large volume of cases simultaneously with industry regulation can often prove challenging. Amidst an ever-growing number of industry regulations, law firm decision makers are being tasked with finding ways to help their practitioners apply both internal and external policies with ease in order to remain both efficient and compliant.
However, the industry is now responding to these requirements as it continues its shift towards a more digital approach to case management. In a profession bound heavily by procedure, technology can play a fundamental role in helping law firms to achieve best practice, both internally and in the eyes of those governing the sector.
ReMAIn CoMPlIAnT wITH InTeGRATeD InFoRMATIon
As with any sector, having information readily available and accessible is important for completing tasks correctly. For law firms, this requirement is only amplified by the additional need to remain compliant with regulations at every stage of a case.
Firms must now be proactive in providing staff with the tools to achieve this. For example, using a single system that stores and uses information efficiently, practitioners can not only improve their task workflow but enhance compliance monitoring to ensure all tasks are completed in line with both internal and external policy guidelines.
Taking this one step further, it is not only crucial that tasks are completed to the correct standard, but that they are also completed in a timely manner. Firms should therefore look to utilise tools that enable automated prompts and reminders. This will prove extremely valuable for helping practitioners remain up to date with tasks as a case progresses, improving overall case management and ensuring important regulatory deadlines are not missed throughout.
suPPoRTInG A FIRM’s InDIVIDuAl neeDs
Every firm will inevitably have its own unique internal procedures for its staff to undertake throughout the duration of a case. Therefore, any modern supporting legal IT system should provide flexibility and enable customisable workflow to align with each firm’s individual needs. Doing so will not only allow firms to streamline their chosen internal working practices but also ensure that all procedures are met and that staff can deliver a high quality, tailored, efficient service for their clients.
With the needs of legal practitioners constantly changing with the tides of industry policy, having the freedom to build unique workflows to meet the specific needs of a firm is now the key to delivering effective case management for both its staff and clients. This technology, in conjunction with comprehensive training, can make the difference needed to operate more efficiently and with greater control of internal and external processes at every phase of a case. Firms which embrace these necessary steps will ultimately be well placed to continue their success in an ever changing legal sector.
To discuss this topic further or the services we can offer, please give us a call on 01252 518939, email us at [email protected] or visit our website; www.insightlegal.co.uk
By Phillip Taylor Mbe, Barrister at Law and Mediator, Richmond Green Chambers
The subject-matter of the wrongly titled “Alternative Dispute Resolution” or ADR as it is simply known, will receive a well-recognised renaissance if current plans are developed in the next six months on resolving disputes.
For it seems that the professional reality is that the correctly termed “dispute resolution” in all its forms is undergoing substantial change with the gradual introduction of
digital processes for claims. Like many, I have fallen into the trap of a misunderstanding of what the “online” courts are really going to be about in the 2020s. They are really “digital processes” for the future.
Enter the jovial Dr John sorabji (pictured left) who spend an unenviable hour at Lincoln’s Inn explaining to me, and our readers, which direction civil justice might now be taking after a decade or so of stalls. John will be well known to many for his work on ADR and for his role as Principal Legal Adviser to the Lord Chief Justice and Master of the Rolls, and his substantial contributions to The White Book and civil practice.
Data analytics
Speaking purely in his personal capacity, Sorabji explained that the digitisation programmes “are rolling out across England and Wales” and he was “very optimistic that they will be successful”. On the issue of law reform, we talked data analytics and what the MoJ/HMCTS might be able to do with the information it currently holds. “We are moving much more towards the use of data effectively in order to try to increase the prevention of further disputes arising”. This statement immediately caught my attention!
But what of the legal profession, surely that means fewer claims, cases and clients? John’s view, based on recent Ombudsman schemes, suggests the possibility of looking at the generic problems which arise specifically from data gleaned in financial services disputes such as the bank charges litigation.
The view is that, rather like the NHS issues today, we are talking of “prevention not cure” based on data drawn from cases and what has happened. John reminded me that this is not his original thoughts but the research of Professor Chris Hodges on the development of a coherent dispute resolution system.
equity and the common law
“What we have today is ADR running in parallel with the traditional court structure”, John reminded me. It conjured up the two streams of justice which England and Wales had developed over centuries, the common law and equity, leading to much-needed reforms from 1873-75 and the pre-eminence of equity.
No work was really lost then, suggests Sorabji. “So, will we lose work today with dispute prevention?” John’s view was an emphatic “no” and legal practice would increase the possibilities for parties to benefit from the new “procedural innovations”. No worries there, then.
Returning to the future possibilities for law reform, the processes we will have in the future will possibly consist of ADR, litigation and dispute prevention. “It will change
the system”, he said, “when we move to use limited artificial intelligence within the system”. I was concerned about the effect on cross examination although John’s view was that, on questioning, “the power would be kept for the judge” - quite right, too, with counsel able to continue making submissions! Another potential myth dispensed with then.
Continuous Reform
We moved, finally, to what are interestingly described as “predictive analytics in the United States and elsewhere”. In other words, the prediction of judicial outcomes (illegal in France, of course) whereby the digital presence, especially in lower value cases, will “set the ball rolling” for a continuous law reform programme rather than the “once in a few centuries reforms” of the Judicature Acts. And that is probably the key to where we are going with our litigation in the next decade.
Our parting conclusion was that we are now entering an era of continuous reform which “will evolve as the technologies evolve”. “It will not be another 100 years before we have further reforms” because the aim of all law professionals is the continuing improvement in the rule of law using digitisation, AI, and what Sorabji would probably see as a sensible use of the massive amount of data which the courts now hold digitally on cases.
“You know it makes sense” is the inevitable suggestion on what we should do with all this data now it is held electronically rather than in a paper form. A big thank you to Dr Sorabji, for your thoughts as a Senior Teaching Fellow at University College London, where you convene its LLM course on Principles of Civil Justice and the LLM and LLB courses on ADR. It is certainly prevention rather than resolution for the future, and yes, there will still be a lot of work out there for all of us!
Managing Internal and External Procedures to Drive Legal Practice Success
The end of ADR?Future Possibilities for law Reform including Dispute Prevention: some views from Dr John sorabji
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This september, 200 charities will come
together with 1,300 solicitors and will-
writers to challenge the public’s biggest
misconceptions about gifts in wills for
Remember A Charity in your will week (9-15
september 2019).
In the build-up to the Week, Remember A
Charity is calling on legal professionals to
become campaign supporters, committing
to help clients understand more about legacy
giving and the relevant tax breaks. Resources
will be provided for campaign supporters,
including posters that encourage people to
‘pass on something wonderful’ by leaving a gift
in their Will.
Charitable bequests currently fund two
out of three guide dogs, 6 out of 10 RNLI
lifeboat rescue launches and almost 1 third of
Macmillan’s income.
Rob Cope, director of Remember A Charity,
says: “Raising more than £3 billion for good
causes annually, legacies are a critical source
of funding for charitable services across the
country.
“Solicitors have such a key role in helping the
public understand the full range of options
available to them when writing their Will, with
research showing that even a simple reference to
the opportunity of legacy giving can double the
number of bequests made.”
He continues: “Here in the UK, we have one of
the most flexible will-writing environments in
the world with generous tax breaks for legacy
giving. Remember A Charity Week is a fantastic
opportunity to get the conversation started and
build understanding about how it all works.”
This year’s campaign will address the most
prominent myths and barriers that can prevent
people from leaving a gift in their Will. This will
include addressing concerns that legacies have
Legal profession called on to address legacy giving myths this September
to be particularly large, that they are complex to arrange and that they might prevent people from
passing on their estate to their families.
AwAReness oF leGACy GIVInG on THe RIse
Now in its tenth year, Remember A Charity Week shifts its focus from raising awareness to
building understanding of legacy giving among the public, with the most recent consumer
tracking studies1 indicating that only 10% of the over 40s are unaware of the opportunity to leave
a bequest in their Will.
40% of those surveyed said that they would be happy to donate in this way, up from 35% a decade
previously. During that time, charities’ annual legacy income has grown from around £1.8bn to
£3bn2.
Cope adds: “Appetite for legacy giving continues to grow, but there is often a disconnect between the
40% that intend to leave a gift in their Will and the 6% of people that currently do so. There remains
far greater potential for raising vital funding for good causes through charitable bequests and the
support of the legal profession in reminding clients of the option of including a charity in their Will has
never been more important.”
To find out more or take part in Remember A Charity Week, visit www.rememberacharity.org.uk
1 Stages of Change Survey 2018, nfpSynergy, & OnePoll Survey, April 20192 Legacy Trends 2019, Smee & Ford
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FINDING YOuR VOICe IN TODAY’S DIGITAL AND PRINT MEDIATel: 0151 651 2776www.eastparkcommunications.co.uk
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unFAIR DIsMIssAl
A Guide to Relevant Case Law
37th edition
By Daniel Way
ISBN: 978 1 47431 087 1
LEXISNEXIS
www.lexisnexis.co.uk
AN IMPORTANT PAPERBACK OF GREAT
ASSISTANCE TO UNREPRESENTED PARTIES
We welcome this
excellent short
paperback which
is now in its 37th
edition compiled
by Daniel Way
for Lexis Nexis.
The Guide’s aim
remains to give
employment
law practitioners
a view on the
current approach of the courts and tribunals to
the various problems of statutory interpretation.
The book contains extracts of the relevant law,
analyses of the most important judgments and
extracts of the main relevant findings. Way has
added 14 new principles from the cases reported
during 2018 which will be invaluable to court
users.
It is useful to recall that very few legislative
changes have taken place concerning unfair
dismissal in the year although the statutory
extracts included are generally those in force at
the end of 2018.
The work remains a superb concise annually
updated guide. The author has gathered
together all the key points from the most
important unfair dismissal cases reported in
Industrial Relations Law Reports, providing a
valuable reference tool. As the publishers say, “it
extracts those principles that are still relevant
today from cases reported since 1972”.
We recognise, as Way says, that this Guide is
“essential for everyone involved in advising,
acting or adjudicating in this area, or for anyone
who needs to know the current approach of the
courts to the range of problems of interpretation
posed by the statute”.
The new edition adopts the same methodology
as in previous editions. The editor says that
“where the emphasis in the judicial interpretation
of the statutory language has shifted, this has
been taken into consideration”. And most useful
this consideration is together with whether “the
relevant principle for the reported case would
still be regarded as authoritative were it to be
scrutinised by the appeal courts today.
We are naturally reminded of the somewhat
often thought of concept that today’s dissenting
judgment is possibly tomorrow’s good law! Way
also comments that “if there are conflicting lines
of authority both sets of decisions are referred to
unless a clear trend has been established in favour
of one or the other”.
The Guide takes the law as it stood at the end of
2018 and includes cases reported in IRLR up to
the end of 2018. The statutory extracts included
are those in force at the end of 2018.
The 37th edition in paperback was published on
14th March 2019.
To InnoVATe oR noT To InnoVATe
A Blueprint for the Law Firm of the Future
By Darryl Cooke
ISBN: 978 1 78742 248 3
GLOBE LAW AND BUSINESS
Good Practice Guides
www.globelawandbusiness.com
CHANGE OR DIE?
A POSITIVELY EVANGELICAL MESSAGE FOR
LAW FIRMS AIMING FOR FUTURE GROWTH
Innovation — if
you are running
a law practice —
means embracing
the new and
rejecting the
old, primarily
outmoded
methods, tools
and attitudes.
Author Darryl
Cooke, who has written this new title from Globe
Law and Business has obviously aimed to point
readers, i.e. lawyers, in the direction of innovation
with a view to effecting positive change. The grim
alternative is to lose business by attrition to those
more forward-looking firms for which innovation
is a byword.
Cooke’s innovative fervour is expounded with
almost evangelical zeal, as the prime mover of
change, preferably change for the better. ‘Why,’
it is asked, ’shouldn’t your firm be the one to
take a leading role in galvanizing leaders and
entrepreneurs into delivering a better world?’
Charities, for example, ‘could do good faster if
they had the help of a visionary law firm behind,
or alongside them.’
But is the relentless drive to innovate the best
way forward? The author elaborates on this
point by reassuring us that the book is not about
innovation; it is ‘a book about growth.’ The catch
here is that real growth requires real change.
The book therefore functions as a useful aide
memoir as to how change — real change — can
be achieved. It challenges quite effectively the
status quo attitude all too often insisted upon
by the ‘if-it-ain’t-broke-don’t-fix-it’ brigade,
observed in large organisations.
Numerous research studies from top business
schools and universities, for example, are cited
throughout to drive home the salient points.
The book’s most convincing arguments centre
on what we all know to be those key questions —
spoken and unspoken — that preoccupy potential
clients sniffing around for the right law firm.
Why should I do business with you?’ they ask. Or
— ‘What can you offer me that no one else can?’
The author is adamant that innovative strategies
can and do assist that competitive edge, so
‘crucial to your bottom line.’
In imparting page after page of sage, sensible
advice, the author exudes a degree of
enthusiasm and sense of mission which is
positively infections and certainly motivational
for like-minded readers.
Compact, businesslike, and an easy, yet challenging
read, this handy volume deserves a place in the
library of every law firm going for growth.
The date of publication of the paperback edition is
cited as at 24th May 2019.
Book Reviewsby elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor Mbe, Head of Chambers and Reviews Editor, “The Barrister”
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By Julian Bryan, Managing Director, Quill
Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week
And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day.
For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved.
When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task.
In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail.
As already intimated, for clients using Interactive, there are all manner of easy-to-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body.
Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports.
All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable.
For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still
outstanding. Our reports also streamline the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland.
These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service.
Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD.
By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway.
Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes.
Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved.
To discover more about Quill, please visit www.quill.co.uk, email [email protected] or call 0161 236 2910.
Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.
Fridays at Quill
