5 minute read
Council Members Report
Adrienne Edgerley Harris
Council Members Report
There have been two Council meetings since the last issue of this magazine. I have picked topics which I think will be of most interest to you. The next meeting is on 23rd February so I will miss the deadline for including the outcome in this issue.
Solicitors Indemnity Fund:
TLS has been engaging closely with the SRA on the future of the Fund. The SRA Board announced on 15th February 2023 that it will bring post 6-year run-off cover under its direct control, meaning solicitors ’clients will still be able to claim compensation if something goes wrong years after a firm has closed. This will take effect on 1st October 2023. Meanwhile, the current SIF regime continues.
Criminal Legal Aid:
This has been a continuing focus, with TLS campaigning to secure full implementation of the Bellamy review. The Government’s response would have a huge impact on the ability of the public to access justice. The planned 11% increase in rates for solicitors by 2024 is well below the recommendation (19%) and amounts to a real terms pay cut. TLS is continuing conversations and considering legal action against the MOJ.
Legal aid cost assessment success:
TLS has achieved significant results on this (see R (On behalf of the Law Society) v Legal Aid Agency) and on the extent of preretainer duties owed (Cam Legal v Belsner).
Criminal Legal Aid- pre-assessment costs:
TLS started proceedings in 2021 (R (on behalf of the Law Society of England and Wales) v The Lord Chancellor) re the failure to properly implement a scheme for pre-charge engagement between the police, CPS and those suspected of involvement in certain types of crime. The additional work involved in advising clients re entering such an arrangement would go unremunerated under the scheme. The proceedings were stayed by consent, and whilst negotiations continue, as from 1 October 2022 solicitors could claim for all preparatory work.
Diversity and Inclusion:
TLS has launched a D&I Framework-a systematic approach to delivering a diversity and inclusion strategy. Although targeted at larger firms, its strategic approach is relevant for all firms and inhouse teams. The LSB had asked what Council members were doing to further D&I in their firms -the Framework will help this.
Qualifying routes:
At the November HILS AGM, I was asked about solicitor apprenticeships and how they fit in with the new SQE I have written a separate short article, which I hope will help de-mystify the process.
The Solicitors Qualifying Exam (SQE):
Council discussed the SQE and noted that research had been commissioned by the SRA into the differential attainment of ethnic minority candidates. We heard anecdotal evidence of
the difficulties candidates were encountering in entering for the examinations. Concern was expressed at the effect on their mental health of studying whilst working in a law firm. We were encouraged to share our concerns with the Junior Lawyer (0-6 PQE) Council representatives or with the Junior Solicitors Network (juniorlawyers@lawsociety.org.uk). So, if you have any feedback on the SQE, please let me know or email Junior Solicitors Network direct.
My Law Society- MyLS:
Don’t forget to sign up to MyLS it’s a useful forum for debate with colleagues.
Law Society Training Courses:
I have recently discovered that the portal for accessing these is not the same as the Society’s website (even though there is a “My Learning“ heading there!). I have fed back to TLS that the separate site does not work well and have asked for it to be improved. The Membership Committee is going to consider my representations (I am told I’m not alone in being frustrated by the difficulty accessing it).
To find courses, you go to: https://learn.lawsociety.org.uk/ click on My Learning on that page, then Login. You will get sent a verification code on your mobile to type in. You will then see a list of all available courses. There is a search box to find what you need.
PC Holder Survey:
Factsheets based on findings from a survey conducted with 2,000 PC holders are being used to build deeper understanding amongst TLS staff of the environments and perceptions of solicitors across different segments. A report is planned for external publication. This is part of TLS focus of engaging with the profession.
TLS Newsletter:
this now has new content (if you haven’t looked at it in a while, it’s worth doing to see the new “story” approach of recent SDT cases and experiences of solicitors from all backgrounds. There are new guides and Practice Notes on the register of overseas entities and professional undertakings.
Junior solicitors:
there’s a new website hub for support- see https://www.lawsociety.org.uk/topics/junior-lawyers/
Remaining on the Roll of Solicitors:
if you know someone who no longer holds a PC, please let them know that the SRA is going to charge a fee for remaining on the Roll. They need to open a MySRA account, so the SRA can contact them in April 2023.
Do contact me with questions and concerns- I will be very pleased to hear from you:
