Central London Lawyer November 2023 by Benham Publishing Limited

LondonLawyer

CENTRAL

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THE OFFICIAL JOURNAL OF THE WESTMINSTER & HOLBORN LAW SOCIETY

AUTUMN 2023

Tips to Help you survive Legal Pro Bono T .P.N. - The Paralegal Network Events WHLS success in Rotterdam

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PUBLISHER Ian Fletcher Benham Publishing Limited Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 05

SALES MANAGER Catherine McCarthy STUDIO MANAGER John Barry

Survive Legal Pro Bono

MEDIA No. 1952

12 Putting Council Reps

PUBLISHED Autumn 2023 © Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Media. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

For the February 2024 edition

13 T.P.N. - 14 How to negotiate the pay rise you deserve

16 Securing Long-Term

Care Funding: The Role of Private Client Solicitors

18 WHLS success in Rotterdam

20 It takes more than just

COVER INFORMATION Photo by Kraken Images on Unsplash.com

19th January 2024

firmly in the TLS driving seat The Paralegal Network

Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

Copy Deadline

05 President’s Foreword 06 Sub-Committees 09 Events 11 Tips to help you

the academics to become a Lawyer

21 Behind the scenes as a knowledge lawyer

25 Book Reviews

Advertising Anyone wishing to advertise in Central London Lawyer please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial Members wishing to submit editorial please send to: cwhlawsoc@gmail.com Editor in Chief: Kene Onyeka Allison. Editorial Board: Lotus Kimona, Anamitra Mukhopadhyay, Sadie Thompson, Anita Winsome, Sarah Bradd and Emma Webb

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INTRODUCTION

The President’s Foreword AUTUMN 2023 Phil Henson

n this edition the theme is pro bono. I would encourage all of our members to get involved in pro bono work, and activities. Through pro bono work lawyers are able to change lives and make a positive impact in the public interest. This can include legal work, including volunteering at many of the legal advice centres in our constituency, helping individuals and charity groups.

Engagement internationally – By representing the Society on the international stage including by: • engaging with those law societies and bar associations which whom we are twinned, and • by being active members of The Fédération des Barreaux d’Europe.

I was delighted to be installed as the new President of our society at our AGM. My thanks to Farrer & Co for kindly hosting us. The theme of pro bono ties in with my aims for my Presidential year which are focused on.

Finally, expanding our membership

1. Representation 2. Inclusion and diversity 3. Engagement 4. Member Support and 5. Expansion Representation means representing our members on the local, national and international stage. Being inclusive and diverse by welcoming all, and actively listening to our members. If there is no room at the table, then we get a bigger table. Engagement both locally and nationally – For example, by engaging with the Law Society Council to make the voices of our members heard.

Providing support, education and development opportunities for our members • This could be by developing skills, offering mentorship, or forging links with academic institutions.

Our membership numbers are up, and we want to go further. My request to all our members is to ask who do you know who could benefit from joining and being part of our unique legal community? I want to conclude by expressing my sincere thanks and appreciation to all of our members and all of our committee and sub-committee members – past and present - for their hard work and dedication, and for giving me this opportunity. All the best

Phil Henson

President Westminster & Holborn Law Society

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WHLS OFFICERS

Philip Henson President

Philip Henson is a Partner and the Head of Employment at international law firm EBL Miller Rosenfalck, based in Farringdon. He also heads the North America desk and the China desk of the firm. He is the Chair of the WHLS Law Reform Committee. Phil and the committee research and reply to consultations on changes to legislation. Phil is looking forward to being more involved in the Society as the Deputy Vice President. Phil is involved in various charities and he is the Editor of City Solicitor magazine (the magazine of the City of London Law Society). Outside of a busy work and family life, Phil also produces and occasionally writes short films. He has recently finished a script for a dark comedy called Viking Funeral which he plans to develop in 2022.

Nicola Wainwright Vice President

Nicola Wainwright is a specialist clinical negligence solicitor with more than 20 years’ experience. She is a Partner and Head of Clinical Negligence-London at JMW Solicitors LLP. Nicola specialises exclusively in clinical negligence claims for patients arising from medical treatment that has gone wrong, or from a failure to provide medical treatment. She has expertise in a wide range of claims, but particularly those that are complex or that result in severe, life changing injuries. Nicola has been ranked in Chambers & Partners legal directory for 14 years and has been described as a ‘highly experienced lawyer who achieves great results’ for clients. Clients describe her as ‘incredibly empathetic and understanding’ and as ‘having great communication skills’. Nicola qualified as a solicitor in 1997 after training with Pictons. She specialised in personal injury and clinical negligence at Davies & Partners, Birmingham before joining Leigh Day in 2000, since when she has specialised exclusively in clinical negligence. She was at Leigh Day for 20 years before joining JMW. Nicola is a member of the Law Society Clinical Negligence Accreditation Panel and an Association of Personal Injury (APIL) Senior Litigator. Nicola sits on the Westminster & Holborn Law Society CSR and Pro-Bono Committee. She is also a member of FOCIS (Forum of Complex Injury Solicitors), and the Association of Women Solicitors, London (AWSL).

Suzanna Eames Deputy Vice President

Suzanne is an Associate at Farrer & Co specialising in a broad range of private family law matters, including divorce, complex financial remedy cases, children matters, financial claims to support a child, jurisdictional disputes and pre-nuptial agreements. Suzanna was previously DVP of WHLS in 2020/2021 and is looking forward to getting stuck back into the Society again. In 2021 – 2022, Suzanna was the Chair of the Junior Lawyers Division of the Law Society.

Kene Onyeka Allison Editor in Chief

Kene is an in-house solicitor at Mizuho International plc, a Japanese investment bank. She is dual-qualified in England & Wales and Nigeria. Her areas of specialisation are Debt Capital Markets and Derivatives. She is the co-chair of the British Nigeria Law Forum Women’s Network and volunteers in different capacities with different organisations with the aim of improving ethnic and minority diversity.

Nicola Rubbert Immediate Past President

Nicola qualified as a solicitor in 2013 with a boutique firm in the City that specialised in advising Japanese corporate clients. She has experience in-house and in private practice, focussing on employment, data protection and commercial law. Nicola is a Council Member of The Law Society of England & Wales, representing the constituency of City of Westminster and a member (and former Chair) of Westminster & Holborn Law Society’s Education & Training Committee. She is also a former Chair of London Young Lawyers Group, a Liveryman of The City of London Solicitors’ Company and a Freeman of the City of London.

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WHLS EDITORIAL TEAM

Kene Onyeka Allison

Kene is an in-house solicitor at Mizuho International plc, a Japanese investment bank. She is dual-qualified in England & Wales and Nigeria. Her areas of specialisation are Debt Capital Markets and Derivatives. She volunteers in different capacities with different organisations with the aim of improving ethnic and minority diversity.

Sarah Bradd

Sarah is a Paralegal and a Future Trainee at Charles Russell Speechlys working for the Development Sales and Regeneration Teams. She is currently working towards completing her Fellowship for CILEx having completed her LLB at the University of Law. She is looking forward to starting her Training Contract in 2023. Sarah enjoys spending time on holiday exploring new places. When not working, she loves eating at restaurants and going to the cinema.

Lotus Kimona

Lotus works as a Paralegal in the matrimonial department at a law firm in Liverpool. She has various experience across different areas of commercial law but decided that Family Law is her preferred specialism. She has recently relocated but continues to support the editorial team remotely.

Anamitra Mukhopadhyay

Anamitra is a solicitor within JMW Solicitors LLP’s Commercial Litigation and IP departments. Anamitra advises clients across various sectors on a variety of matters including IP infringement issues, contractual breaches and civil fraud. Prior to entering the world of law, Anamitra completed a History degree and has a passion for the subject. Aside from History, Anamitra’s other love in life is music. She is a keen singer and enjoys performing.

Sadie Thomson

Sadie is an Associate within the Business Crime and Regulatory department at JMW Solicitors LLP. She advises individuals and companies in respect of various allegations including financial crime, violence, drug and motoring offences. Sadie joined the Manchester office of JMW in 2017, having completed a History degree at the University of York. She transferred to the London office in 2022 and is enjoying all that the city has to offer!

Anita Winsome

Anita is an LLM student specialising in Comparative & International Dispute Resolution at Queen Mary University of London. Her interests include domestic & international arbitration, competition law and intellectual property rights. She is a qualified lawyer in India and is a licensed member of the Bar Council. Her favourite pastime activity includes exploring the beautiful cafes, museums or the parks at South Kensington.

Emma Webb

Emma Webb is a recent first class LLB Graduate and Editorial Assistant. Emma is embarking on a career in the legal and media industry. Currently, she serves as a Communications Executive for Small Business Britain and an Editorial Assistant at Legal Women Magazine where she combines her passion for law and her talent for communication.

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SUB-COMMITTEES

MEMBERSHIP TIME TO RENEW! I

t was wonderful to see so many of you at our Annual Black Tie Dinner at the House of Lords. This was just one of the fantastic WHLS events held during the past year.

Friend or Foe? T

he education and training committee held the event ‘ Friend or Foe - how do we really know who we are dealing with in cyberspace’ on the 27 September 2023. Dr Paul Sant, Head of Computer Science at the University of Law gave an insightful talk on cyberspace, artificial intelligence, keeping ourselves secure when using digital currencies and the background and risk. With our ever increasing reliance on devices and the digital world it was great to hear from Paul on how best to protect ourselves online and how to use cyberspace safely and effectively. Special thanks to Paul Sant for making us all more cyber aware! Thank you also to Sandie Gaines and the University of Law for hosting.’

Membership is the cornerstone of our organisation and we rely on your subscriptions to be able to offer our events and magazine. The Society membership year runs from October to October and 2023-24 annual subscriptions are now due. If your details have not changed, kindly pay the invoice sent by email. If you have changed employers or if your status has changed, please fill out a membership form so that we can update your details. If you are not yet a member you can easily join by completing the online form at www.cwhls.org. uk on the Join Us page and following the payment instructions. For enquiries regarding Corporate Membership, please email cwhlawsoc@gmail.com. If you are an individual member, please consider approaching your firm about Corporate Membership. There are many benefits to joining our vibrant and welcoming group of legal professionals. What sets us apart from other societies is our links to regional and international legal organisations. We are a part of the Fédération des Barreaux d’Europe and are twinned with the Paris, Berlin, Milan and Barcelona bar associations, to name a few. Other benefits include numerous professional development and networking events, many of which are free for members; a free subscription to the Society's quarterly magazine, Central London Lawyer, and the opportunity to contribute articles; the opportunity to share your ideas and develop leadership skills through involvement in our committees; a voice on the national Law Society's Council through the election of local Council members; and invitations to events with other law societies and legal organisations across London, Europe and internationally. We greatly appreciate your past support and look forward to your continued participation in our Society. All members have a vital role to play in our continued success. We welcome new members so please spread the word about our Society to friends and colleagues. And we hope to see you at our next event!

Photo by Markus Spiske on pexels.com 8 | CENTRAL LONDON LAWYER

EVENTS

SAVE THE DATE

Cluj Napoca Bar Association Romania 16th – 19th MAY 2024

HLS international committee’s next trip is to the beautiful city of Cluj Napoca in Romania. We are not currently twinned with this association, but we have had close links with a number of the lawyers through committees in the FBE, in particular Calin Iuga, who has visited London many times and attended some of our annual dinners. This visit is open to all members of the WHLS. If you are interested, please email Isabela Maculan isabela.maculan@ dawsoncornwell.com and Coral Hill coralhill@btinternet.com to be included in future emails for attendees. We want to ensure that the visit matches requests from those attending, so we welcome ideas of any legal work which members would want

discussed or lawyers you would favour meeting. There will also be a full schedule of activities including courts and local sights of interest. Members can arrive from Thursday 16th / Friday 17th and the trip will end on Sunday 19th May 2023. We will endeavour to provide a list of accommodation to suit all budgets, but members are free to select any hotel they prefer. As always, each member will be responsible for their own travel arrangements and accommodation. If you want to submit a business case for the trip, in order to claim some expenses from your firm, please let us know if there is a particular suggestion which would assist with that.

Image by Cosmin Iovan from Pixabay CENTRAL LONDON LAWYER | 9

EVENTS

November 8th 2023

The Great Legal Quiz returns for some risky quizness!

s we approach the end of 2023, London Legal Support Trust are holding their ever-popular Great Legal Quiz on November 29th! Last year, this fun event raised over £5,000, which was double that of 2021, and this year the charity is hoping to overtake last year’s total.

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The Great Legal Quiz is a fun-filled evening for people to take part in a fun competition, all whilst doing their bit to help support those most in need of specialist free legal advice. You can hold your quiz anywhere - a local pub, your office, or online. The questions are written by a professional TV quiz writer and the good news is, the questions are general knowledge – NOT legal. It’s called The Great Legal Quiz because all money raised goes to frontline legal advice charities who deliver help and support to vulnerable people in desperate need of specialist advice. Your fundraising means they won’t be alone in going through very difficult experiences. One third of people in England and Wales have an unmet legal need and 60% of adults reported their finances worsening in 2022. More and more people are turning to free local advice agencies for help. So if you can handle the truth, taking part is simple. We will provide the questions and answer sheets. Simply sign your organisation up and you’ll be added to the list of quizzes taking place. A trophy shield goes to the highest scoring team, and another to the highest fundraising quiz organisers, so there are two ways to become a worthy winner. Though raising vital funds to help those in need makes us all winner For more information on the quiz or to sign up, visit: https:// londonlegalsupporttrust.org.uk/our-events/great-legalquiz-2023/ Contact: Curtis Howett – signups@llst.org.uk

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Emma Webb

Tips to help you Survive Legal Pro Bono L

egal pro bono work is like torch juggling – it can be an exhilarating act, but it’s essential that you make sure you don’t get burned. Here are some practical strategies for keeping your sanity intact, and your clients happy. 1. Establish Boundaries Think of setting boundaries like creating a forcefield around yourself. As much as you might want to be, you can’t be available 24/7. Your availability may be priceless, but you are not. So, make sure clients understand this. Set clear expectations at the start and stick to them as best you can. There will be times this is impossible but do your best. You will be much better placed to help when you’ve had time to recharge your batteries. 2. Time Management and Goal Setting You know you’ve entered the pro bono world when your to-do list is longer than the queue for Pret on a rainy day. Legal professionals like to aim high. If you’ve made it to qualification, you’re ambitious, and probably reach for the stars. However, while it’s important to be high achieving (who doesn’t want to end up as a Supreme Court Justice?!), you also need to set realistic goals and keep track of the time you spend working vs. unwinding. Block tasks out into time slots and stick to them. If your mind starts to wander, try using the Pomodoro technique (25 minutes working, 5 minutes break) to keep your mind focused on the job at hand. Be strict with sticking to the task-and-break split - you’ll be surprised how productive this technique can be once you get the hang of it. 3. Build your support system Look for support or mentorship from experienced professionals. You will be amazed by how willing people are to offer advice and support if you approach them in the right way. Just as you dedicate your time and expertise to pro bono work daily, other professionals are enthusiastic about doing the same to help you/others in the field. There is a strong sense of camaraderie among lawyers, so be sure to create your network and make use of this.

4. Self care comes first. This doesn’t have to be in the form of a spa day or a deep meditation if that’s not your thing. Just think of the activities that give you energy and rejuvenate you! This could be spending time with friends, exercising, or ranting to a partner. Whatever it is, make sure that you make time for it every single day. Even a ten-minute phone call to debrief with a friend is enough to help you re-centre. It’s extra important to turn this into a habit, so when you’re feeling overwhelmed it comes naturally. A wellrested lawyer is a formidable lawyer. 5. Legal Perspective or Legal Prescription? Some cases are going to drive you mad. But it’s important to maintain perspective. Not all cases are going to have a fairy-tale ending, and that is not your fault. Law is vast and complicated, and it’s impossible to always get the outcome you hope for. If you’re still feeling down in the dumps, remember, you didn’t lose, you just came second. ;) 6. Laughter really is the best medicine. If all else fails, laugh. Sometimes humour is the best legal remedy for the headaches that come with the job. Reflect on the small (and big!) victories and remind yourself not to take it too seriously. Pro-bono work doesn’t have to be all chaos and stress. Remember that you are a resilient force for good, making a difference to the lives of those in need. Keep calm and continue to make a positive impact in your community because let’s face it, there’s no billable hour when it comes to pro bono, so you’d better find your motivation elsewhere!

Emma Webb LLB Graduate TWM Solicitors LLP

Image by Kraken Images on unsplash.com CENTRAL LONDON LAWYER | 11

OPINION

Putting Council reps firmly in the TLS driving seat Paul Sharma represents Central London on the TLS Council and is also a member of Policy and Regulatory Affairs Committee

Paul Sharma

believe that members, Council representatives and staff have to do more work together to ensure that TLS is driven primarily by its member interests. The Council currently faces that mission in dealing with CILEX, Council transparency and supporting members facing the Solicitors Disciplinary Tribunal (SDT). Government as back seat driver In October 2023, Council representatives asserted their own rights to determine TLS decision making in a way that had not happened for a long time. In meetings of the Council on 11 and 17 October, representatives interrupted the usual agenda process by raising motions that had widespread support. The typical Council meeting involves papers with facts, analysis and a course of action written by staff members that Council representatives are called on to support. The issue regarding the SRA regulation of CILEX seemed to be going in that direction when first raised in 2021. Afterall, the proposal was backed by government, SRA and the Legal Services Board. So, why not have paralegals claim the public status of solicitors without the onerous training? From 2022, Council members flashed the red light to the regulation proposal and directed the TLS to do the same. Members then wanted to fully thrash out the issue and called for a special Council meeting in October 2023 to do just that. At the meeting, TLS research staff produced a report that showed that on balance solicitors were against the proposal and currently whereas 60% of the public associated solicitors with the term 'lawyer', only 12% did so for paralegals. Following the debate, TLS put out a press release that reflected members feelings. The new President, Nick Emmerson said: “There are serious issues with the proposals, which are unsupported by evidence that they will benefit the public and do not consider the wider regulatory context or the serious negative impact these changes will have on solicitors and chartered legal executives."

TLS has now given the green light to asserting its position to represent members rather than allow government to drive them to a particular direction. Driving change I had my first meeting in November 2023 after my election as a representative on the Policy and Regulatory Affairs Committee (PRAC). PRAC reports to the TLS Board on legal policy and regulatory issues relevant to solicitors. I found myself having to bring up TLS's habit of making its Council and committee agenda confidential and not fully explaining why. This prevents Council representatives talking to their members about certain decisions. I thought things should change and TLS should support its own values of transparency after a motion in the July 2023 Council meeting. I had introduced the motion that was backed by Council representatives and that called on TLS staff to fully explain why certain Council and committee agenda items are confidential. So, I was surprised to see the same inadequate explanation on agenda papers at the November PRAC. I felt impelled to point this out with a point of order. The meeting was told that the Board was considering how to implement the motion. I have a watching brief on this matter. I am also active on the issue of how best to support members who appear before the SDT and there is some movement on this issue. Members need funds in order to obtain legal representation. Currently, there is no equality of arms because the SDT can spend a small fortune on getting barristers to beat up on members, whether or not it is deserved. The Board is discussing the issue, and a paper is expected to go to the Council. I have made representations to the TLS chief executive, Ian Jeffrey, and Board chair, Robert Bourns. We need a working group find out how to cut the gordian knot of financing members without breaking any rules. I will report back on any developments.

Paul Sharma

Council member for Central London

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Lotus Kimona

T.P.N. -

The Paralegal Network T

he legal profession is full of networking groups and events. I remember starting my first paralegal job not knowing what to expect. I have been in the legal industry since 2013 alongside studying, but this was my first paralegal role, and I was thrown straight in. I really enjoyed working at the firm and learnt a lot about resilience, perseverance, and attentiveness. This helped me build my confidence, and even more importantly, gave me direction for my career. I worked as a paralegal both pre-lockdown and post-lockdown, so I knew how to adjust and the difference it made to perform in my role effectively. As paralegals, there is so much pressure and competition within the workplace or even the classroom at law school, whether it is who is going to get that next spot as a trainee or who has a training contract already, but no one rarely talks about the mental, physical, and emotional side of this stage within a legal career. That’s when the idea of T.P.N – The Paralegal Network came to mind. However, this is changing with mental health now being a welcoming topic of conversation. I for one, did not have many people who I could speak to about my journey as a paralegal and moving forward to attain that training contract (or even going down the CiLex route!). That’s when I sought out people within my network and started to build from there. I wanted to create a safe space for paralegals to come together, talk, be accountable, challenge and encourage each other. You never know, you might just meet someone who has been through similar challenges to you or is struggling with the same thing!

a paralegal, so I wanted to create a network where people can network, connect and support each other on their journey to becoming a qualified solicitor in the UK. Each law firm is different so, I wanted to build a community of paralegals to have a space to be honest, know how to deal with difficult colleagues, ask questions or even ask help to navigate their way through the role. Nothing bad comes from being honest and true to yourself. As the saying goes, ‘you don’t ask, you don’t get’ and the worst someone can say is a no. One persons no, is someone else’s opportunity to say yes. Whether you are a law student, graduate or paralegal, we’d love for you to join our team as a volunteer, send us a message or connect with me on LinkedIn. In the meantime, join us on Instagram where we will be providing monthly virtual sessions for paralegals - we hope this is of benefit to all the paralegals out there! All of our live sessions are recorded so you can watch previous sessions on our page (we’ve just held a session for November), we’ve had some great and inspiring guests so far! Instagram @TPNparalegalsUK LinkedIn – Lotus Kimona

Lotus Kimona

Paralegal, Maxwell Hodge Solicitors

So, to all the paralegals out there, whether it’s just making that move and applying for that training contract or new role, or being honest about your workload, do it. An old colleague and I discussed the pressures and demand that comes with being Image by Clarisse Meyer on unsplash.com CENTRAL LONDON LAWYER | 13

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How to negotiate the pay rise you deserve Paula McMullan

hen I speak with female lawyers about progressing their legal career, a recurring theme is their uncertainty on how to advocate for themselves effectively. Many struggle to describe their value and why their employers are lucky to have them. This inability to articulate their achievements and the benefit of having them in the business impacts the kind of work and responsibility they are given, the sponsorship they receive, and their overall professional reputation and personal brand. One of the challenging issues is money – negotiating a salary that reflects your true value and potential is key to your long-term success, professional, personal and financial. There are three phases to securing the pay rise you deserve.

1. Prepare the groundwork (a) Understand the neuroscience of putting yourself out there As lawyers, we are experts at negotiating on behalf of our clients, but when it comes to advocating for ourselves, we often find it challenging. It's as if we're donning a Harry Potter invisibility cloak – while professionally vocal for our clients, we become invisible and vulnerable in our own career negotiations. This is due to our brain's innate survival instincts, particularly the amygdala, which constantly scans for threats, making us reluctant to assert ourselves. Although this is an automatic response, we can learn to manage, mitigate, or even eliminate its effects. (b) Know your worth One of the primary reasons lawyers struggle to speak up for themselves is that they aren’t clear on their value to the business. Before any salary discussion, make sure you can explain how you have gone over and above the general expectations for your role. Have you generated revenue, saved money, introduced a riskmanagement system or increased productivity? Has your people management style reduced staff turnover or increased motivation? This is particularly important for in-house lawyers. Start keeping a success diary to compile evidence of your value and achievements. This not only makes it easier to demonstrate your worth to sponsors and stakeholders, but also reminds you that you’re damn good at your job, you’re constantly learning and are appreciated. I strongly recommend that you create a physical file. Leafing through copies of emails, appraisals, notes of ideas you have presented, reminders of points you won in a difficult negotiation, etc. can have a more powerful impact on your confidence and self-perception than reading them on a screen. It’s so easy to forget about your successes and to focus on what’s not so good (the amygdala at work again) so make it easy for your brain to remember the good stuff 14 | CENTRAL LONDON LAWYER

(c) Do your research Key to your salary negotiation success is knowing what you could potentially earn if you moved elsewhere. It’s not about threatening to leave, but gaining an objective understanding of your market value based on your role, experience, and expertise. This is particularly important for in-house lawyers or those at a senior level in law firms who may not fit the standard salary grids. Develop relationships with a small number of trusted recruiters who can give you a snapshot of the current market. They may compile salary reports which give averaged indications of salary at specific levels of PQE and job title. (d) Decide on your boundaries Consider your salary expectations, the minimum you are willing to accept, and any additional benefits you'd like to build into your compensation package. Knowing your boundaries upfront will make you less susceptible to counteroffers. Equally crucial is understanding your BATNA (Best Alternative to a Negotiated Agreement) – what are your options if they say no, or they come back with a compromise offer?

2. Manage the discussion (a) Choose your moment Your chances of success largely depend on your understanding of your employer’s process for approving salary increases. Familiarise yourself with this process because many organisations only consider salary increases at specific points in the financial year. Salary costs are budgeted and an increase may require

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special approval if requested outside the usual pay cycle. Plan a meeting with your partner or line manager when they won’t be distracted. Avoid times of stress or pressure. Where possible, schedule your salary discussion shortly after a particular win or success. Meet face-to-face where possible to use your body language to best effect. (b) Put yourself in the driving seat Letting your manager know what you’d like to discuss ahead of your meeting can be an advantage – they don’t get a surprise and can prepare for the discussions – or a disadvantage – they don’t get a surprise and can prepare for the meeting! What’s essential is to drive the meeting from the outset. Explain that you’re there to present your case for a pay rise and to provide the information for your manager to make a decision or process the request. Make it easy for your manager by organising your points under three headings as our brain process information more effectively

in batches of three. For example: Support your salary request with objective data from your market research. (c) Wear your positive pants! Go into the meeting well-prepared – this will raise your confidence. Use the NLP technique of mental rehearsal to anticipate different directions the conversation might take (see below for a link to my video “Using mental rehearsal to prepare for the unknown”). Remind yourself of your brilliance by reviewing your success diary before the meeting. This will boost your positivity and energy. (d) Leverage the principles of negotiation Now’s the time to take off your invisibility cloak and put your negotiation skills into practice for your own benefit. Approach the negotiation as you would when dealing with opposing counsel or internal clients with differing agendas. Be clear about your bottom line, the value of the entire package to you, and don't concede points without receiving something in return However, remember that this is conversation first and foremost. Listen to your manager and allow them time to absorb your request. Instead of getting tangled in a “yes, but” discussion, suggest reconvening once you’ve both had time to consider the other’s responses. No one thinks clearly when they’re feeling emotional.

3. Plan your next steps If you’ve been successful in your salary negotiation, congratulations! Now focus on building upon your success. Part of your argument for the raise was your proven ability to operate at a level deserving of this new salary. So, what will be your approach from now on? How will you step into your new job title, or remit? And very importantly, how does this progression fit within your overall career strategy? After three months, review your progress with your manager and get their support for your goals moving forwards. If you’ve been knocked back, or offered a compromise package, it’s time to re-evaluate your boundaries. Reflect on your BATNA and consider whether there is in fact a career trajectory in your current role. Assess how long you’re willing to wait for an opportunity to come your way. Consider the job market – are there other interesting roles out there, or is it better to consolidate your skill set and experience where you are, even though you’ve not received the salary increase you wanted? What else can you negotiate with your current employer? For example, it may be easier to make a business case for professional development than a salary increase, and explore options such as an internal or external secondment. A word of caution on ‘buy-backs’, where a lawyer gets an offer from elsewhere and the current employer raises their game as a result. Usually, there are several factors resulting in a lawyer looking for a new job. It’s rarely just about the money. It’s much more likely to be about trust and job satisfaction. Unless a buyback is an offer that genuinely resolves those kind of issues, lawyers who accept will very probably still leave their job within 12-18 months. In conclusion, position yourself for a pay rise by approaching the process strategically and professionally. Your skills and dedication are invaluable, and advocating for your worth is essential for your career progression. By preparing thoroughly to build your confidence and managing the process to keep it on track, you can pave the way for a more fulfilling and financially secure future in the legal profession. ■

Paula McMullan

www.paulamcmullan.com You can watch Paula McMullan’s video with a “Mental Rehearsal” for your conversation here: https://www.paulamcmullan.com/fp/ mental-rehearsal Graphics available with permission of Paula McMullan

This article first appeared in Legal Women: www.LegalWomen.org.uk

(e) Follow up One way to scupper progress is to do nothing and this can be the approach taken by managers who don’t want to deal with the wider issues that may be raised by your salary increase request. Leave initial and subsequent discussions with a commitment to reconvene after both parties have taken the steps necessary to move the conversation forward. Regardless of the outcome, maintain professionalism, positivity, and reasonableness, keeping your personal brand and reputation in mind. CENTRAL LONDON LAWYER | 15

ADVERTISING FEATURE

Lisa Morgan

Securing Long-Term Care Funding: The Role of Private Client Solicitors

n the realm of long-term care funding, private client solicitors play a crucial role by identifying appropriate funding sources for clients, especially NHS Continuing Healthcare (CHC). Their task involves meticulous assessments and prompt actions to challenge flawed decisions, ensuring individuals receive the funding they are entitled to. Appointed deputies and their staff shoulder the responsibility of verifying proper CHC assessments, potentially pursuing retrospective reviews if necessary.. CHC provides free NHS care, regardless of financial status or care setting, for individuals with health-related care needs. Erroneous assessments have led to financial burdens, forcing home sales. Following the 1999 Court of Appeal ruling is crucial to rectify this issue, ensuring the correct funding is received. The National Framework for NHS Continuing Healthcare guides CHC

eligibility, incorporating assessments like screening checklists and Decision Support Tools (DST). Flawed decisions occur when Multi-Disciplinary Teams (MDTs) misjudge needs, leading to inaccurate eligibility decisions. Solicitors must act swiftly, adhering to deadlines, to challenge these decisions and protect clients. Missing deadlines risks complaints and negligence claims. Solicitors start by ensuring clients undergo proper MDT assessments. If lacking, they advise on NHS CHC claims' viability. If negative, solicitors prepare submissions highlighting flaws in health authority decisions. They must know about requesting retrospective reviews, particularly for unassessed periods of care since April 2012 in England (limited to one year from the request date in Wales). Timely action and comprehensive understanding of these processes safeguard clients' interests and ensure rightful care provision.

In conclusion, private client solicitors play a pivotal role in the complex landscape of long-term care funding, ensuring individuals receive the rightful funding they deserve. By navigating the intricate process of NHS Continuing Healthcare, these legal experts not only secure essential funding but also uphold the integrity of the care provision system. Their expertise and timely actions make a significant difference, safeguarding clients' interests and ensuring access to necessary healthcare without unnecessary financial burdens. If your firm doesn't handle this area, refer clients to Lisa and her renowned team via our Legal Network. No fees, no complex terms, just expert assistance for your clients, with up to a 10% fee share if disclosed to the client. Contact legalnetwork@hughjames.com for more information.

Lisa Morgan

Partner and Head of the Nursing Care Team at Hugh James.

| hughjames.com/legalnetwork hughjames.com/legal-network

LET’S WORK TOGETHER. Exclusively for law firms, Legal Network is a free to join referral and support service which assists members by offering expert legal service whichadvice assists tomembers their clients by in offering areas they expert dolegal not practice advice toin.their clients in areas they do not practice in. Our Our network network has has helped helped hundreds hundreds of of law law firms firms to to retain retain their their clients clients and and increase their revenue due to our non-poaching commitment and fee sharing arrangements. We’re operated by Hugh a full-service, top 100 UK law firm. With increase their revenue through our non-poaching commitment and feeJames, sharing more than 60 years’ providing specialist legal advice, weUK have arrangements. We’re experience operated byinHugh James, a full-service, top 100 lawthe expertise to deliver a service you and your clients canmore trust.than For further details on howintoproviding join Legalspecialist Network,legal please get inwe touch.Scan to find out more. firm. With 60 years’ experience advice, have the expertise to deliver a service you and your clients can trust. For further 033 3016 legalnetwork@hughjames.com details on 4444 how to|join Legal Network, please get in touch. 033 3016 4444 | legalnetwork@hughjames.com Legal Network is operated by Hugh James, a top 100 UK law firm which is authorised and regulated by the Solicitors Regulation Authority (SRA Number:303202) and is authorised and regulated by the Financial Conduct

16 | CENTRAL LONDON LAWYER

ADVERTISING FEATURE

LEAP and WillSuite support Free Wills Month with free subscription offer

n support of Free Wills Month this October, LEAP, the forward-thinking legal practice management software provider, and its integration partner WillSuite, are offering a free month’s subscription to WillSuite’s will writing software*. This offer will enable LEAP’s existing estate planning customers to take part in Free Wills Month and draft wills quickly and easily. Working seamlessly with LEAP, the WillSuite solution enables solicitors, will writers and estate planners to draft wills easily in plain English with clauses maintained by a panel of TEP-qualified lawyers. Using data held in LEAP and guided by questionnaires, LEAP customers can utilise the WillSuite integration to produce wills, lasting power of attorneys and supporting documents quickly and efficiently. Free Wills Month takes places twice a year and was launched by a group of charities, including the National Trust, British Heart Foundation and Marie Curie, to offer members of the public aged 55 and over the opportunity to have their simple Wills written or updated free of charge by using participating solicitors in selected locations across England and Scotland. “We’re very pleased to be working with the team at WillSuite to help our clients support the Free Wills Month initiative this October,” explains Craig Matthews, Director of Lifetime planning at LEAP. “Free Wills Month offers a fantastic opportunity for members of the public to ensure their Wills are up to date and their wishes are respected. Our integration with WillSuite greatly streamlines the will writing process, which saves both the solicitors and their clients a huge amount of valuable time.” Further benefits of WillSuite include: Mirror Wills with ease: Once the first version has been completed, user create the mirrored will in seconds using the mirror function.

Copy LPAs saving time: If creating a Health and Wealth and Financial LPA at the same time, for the same parties, users can create one then copy the data across to create the other. Combine the above: WillSuite’s powerful mirror and copy functionality means two wills and four LPAs can be drafted by completing just two questionnaires. LEAP customers can sign up to WillSuite this September by enabling the WillSuite App on LEAP Marketplace and benefit from the offer in October. *On registration to WillSuite, the first month’s subscription is free. This offer is available to existing LEAP customers that do not currently have a WillSuite subscription. About LEAP LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing world-class legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience. Occupying a unique position in the legal software market, LEAP includes legal case management, legal accounting, document assembly, document management and legal publishing assets in one solution. Its software is designed to streamline tasks such as matter management, time recording document management, email management, automated forms, client accounting, billing, reporting and remote working. For more information, please visit www.leap.co.uk. CENTRAL LONDON LAWYER | 17

INTERNATIONAL

Rotterdam 2023

WHLS success in Rotterdam O

n 15th and 16th September the FBE Young Lawyers Human Rights Oratory Competition 2023 was held in Rotterdam, hosted by the Rotterdam Bar. Twenty contestants from Amsterdam, Rotterdam, The Hague, Bilbao, Madrid, Verona, Krakow, Warsaw, Gdansk, Geneva, and London gave presentations on the topic “Women’s human rights in the world today” The jury composed of five judges came from Paris, Poznan, Bilbao, Antwerp and London, and after hearing the presentations all day on Day One, selected four contestants to go through to the final next day. The final four included the two contestants from Westminster & Holborn Law Society, Siri Suhageini, and Nizar Cano, both students from Kings College, and volunteers in the Legal Advice Clinic. They had come out among the top four of the twenty contestants. Following the presentations on Day One the jury and contestants were invited to a meeting with the Rotterdam Bar in top law firm Loyens & Loeff. A speaker from Lawyers for Lawyers introduced the President of the Belarus Association of Human Rights Lawyers (BAHRL) who spoke about the situation

18 | CENTRAL LONDON LAWYER

of lawyers in Belarus where six lawyers are in prison, many have had their licences taken away and many are in exile. The meeting was joined on line by Belarus lawyers in exile, who spoke about the failure of the Belarus Bar Association to protect the independence of their members. Following the meeting the judges and contestants joined the Rotterdam Bar in a dinner in a famous restaurant, where the announcement of the result of the presentations was made. On Day two the finalists had to arrive at 9.00am and had two hours to prepare to debate the topic unseen, with their laptops for research. The topic was:”Should any state regulate sex workers?” The four finalists were divided into two pairs, and in each pair, one contestant was for the proposition and one was against. They debated in front of the other contestants, members of the Rotterdam Bar and visitors. It was a tense moment when the result of the debate was announced: First prize went to a lawyer from Gdansk, second to Siri Suhageini, and third to Nizar Cano. It was a great result for Westminster & Holborn Law Society. Any law students, trainees and NQs are welcome to join the quarter finals next year. Westminster & Holborn Law Society, JLD members are particularly welcome.

Professor Sara Chandler KC(Hon) WHLS International Committee

INTERNATIONAL

Rotterdam 2023 the Winners

Andrew Acquier FRICS FNAVA CHARTERED ARTS SURVEYOR Andrew Acquier FRICS FNAVA has been working as an independent valuer since 1982, specialising in fine art and antiques. Instructions for probate, divorce settlement, tax/asset and insurance valuations as well as expert witness work are regularly received from solicitors and other professionals. Andrew has many years experience of compiling reports for litigious cases, several of which have necessitated a subsequent court appearance as an expert witness to argue quantum. Divorce valuations are a speciality, usually as Single Joint Expert. Work is carried out throughout the UK and abroad.

Belarus Association of Human Rights Lawyers

23 York Street Broadstairs Kent CT10 1PB Tel: 0207 353 6440 Mobile: 07787 518 861 Email: andrew@andrewacquier.co.uk Website: www.andrewacquier.co.uk

CENTRAL LONDON LAWYER | 19

ARTICLE

It takes more than just the academics to become a Lawyer Ruby Rai

My road to becoming a Solicitor followed a very traditional route, especially since it started when I was 16 years old in 1996 all those many moons ago. Please don’t do the maths, I feel old enough already!

s I say to students that I meet when attending and speaking at school careers fairs, just follow what you enjoy. Doing this means you’ll pick the subjects you like and by default, are either good at or want to be good at. That’s half the battle. Doing something you ‘think’ you should do or ‘would’ be good to do just won’t last the distance for you. As I say to students that I meet when attending and speaking at school careers fairs, just follow what you enjoy. Doing this means you’ll pick the subjects you like and by default, are either good at or want to be good at. That’s half the battle. Doing something you ‘think’ you should do or ‘would’ be good to do just won’t last the distance for you. So for me, I enjoyed English Literature, History and Sociology. I choose these subjects at GCSE’s and A Levels and this decision funnelled the career options that my school put forward. However, more importantly it was the decision to find work experience at the age of 16 within a law firm that sealed the deal for me. I prepared for this by creating a work persona, which included a workwear of sharp suits, a Filofax (which was trendy back then!) and a whole heap of enthusiasm. The experience was defining for me, as I was thrown into the deep end of client meetings, magistrate hearings and the photocopier. It was as a real as it could be and I loved it. I loved it so I became good it at. So much so, that I was there at the law firm for subsequent school holidays on a paid basis. Following the academic route of A Levels, LLB degree and the Legal Practice Course was what made me a qualified Solicitor, but it was everything else outside of this that me the Lawyer I am today. Gaining experience all the way and parallel to academia taught me the resilience, drive and motivation I needed not just for me to succeed, by what I needed to deliver the results for my clients. It taught me what I actually liked in practice, not the textbook version of it. 20 | CENTRAL LONDON LAWYER

Throughout university in Birmingham and London, I took part in Pro Bono advice clinics and Free Representation Units. I actively sought any opportunity to get work experience, either paid or voluntary to put in practice the skills I was learning. It was great and I felt like a grown up. Gaining a Training Contract was competitive and at times disheartening. I decided that I had completed enough applications and wanted to be back in the real word of Law. So I took position as an Employment Paralegal, with the intention that it mattered more to me how quickly and what work I was doing, rather than waiting for a Training Contract that I wanted. I later landed my Training Contract and qualified by doing both the Professional Skills Course and working which could not have been any better suited for me. Since then, my career has taken me on what I would describe as a scenic tour. Be that working for high street and regional firms to practicing Law in Dubai for the largest Law Firm in the Middle East. So my advice is do both! Do the academics but have the practice, the feel of and real life experience. This will determine what kind of Lawyer you want to be and not just focusing on becoming a Solicitor. Trust me, its much more than that and there’s lots of fun to be had in the process. ■

Ruby Rai

Senior Associate, Pattersons Commercial Law www.pattersonscommerciallaw.com

ARTICLE

Behind the Scenes as a knowledge lawyer Natalie O'Shea, a Senior Knowledge Lawyer at Withers LLP choose to become a knowledge lawyer after ten years of qualification. Here she reflects on the role and gives an insight to the highs and the lows.

his article, refers to 'KL' (knowledge lawyer) to include other terms, such as, PSL (professional support lawyer), knowledge counsel, knowledge partner etc. Some choose this route from qualification, others transfer at a later stage of their legal career. Why choose to be a KL? Aside from the obvious (the hours are more manageable than juggling a heavy caseload with the demands of a young family; you put your legal expertise to effective use and "keep a foot in the door" if you envisage returning to fee earning) why choose to be a KL? Over the years, the KL role has undergone a transformation. Decades ago, it was more reactive, focused on training and precedent management. It is now proactive, encompassing fee earning work, high level research and an internal counsel function; innovation (in my case for example, working with two of our partners to create a new service (Uncouple)); project planning; business development; and in some firms, strategic direction responsibility. It can be immensely rewarding. No KL role is the same but at its heart is the generation, capture, application, and dissemination of knowledge, alongside the training of fee earners at all levels with the purpose of maximising the expertise, success and profitability of your team. Being disciplined and organised is key. I asked a few KL friends for their thoughts about our role and this is what from Hadi Kulsoom, knowledge counsel at Travers Smith had to say: "As a KL, I enjoy the immense variety of work the role brings and being able to support the whole team from training juniors to analysing complex questions with senior lawyers. It can be a challenge to define your role and prioritise tasks without the structure of client work….make sure you are clear about your objectives…. ". Making connections – client-facing opportunities As a KL you are an expert in your field. You can take a deep dive into your area of law and provide high level research and training to improve your team's collective expertise. You are not rushing off to court / attending late night cons / dealing with client calls at the weekend / filling in timesheets, which can be a plus. But if the thrill of litigation, or late-night transactions, client interaction and running your own caseload is what drew you to a career in law in the first place, then think carefully before hanging up your fee earner boots. I have found the best way to deal with the lack of direct client contact is to infuse my day with chargeable work and seek out exposure to clients through other avenues. I have retrained as a mediator and run legal advice sessions via our team's pro bono schemes, both of which provide me with that direct client fix.

Natalie O'Shea

Career progression Whilst the role is flexible and expandable, be clear about your career development opportunities. Does your firm offer a clear progression programme and development goals? Is there a path to partnership or serving on the board? And check your remuneration package – ask questions about future increments – this may or may not be linked to your PQE. The pandemic has resulted in more flexible working patterns, so explore all options before making the change. You may actually be able to adapt your fee earning role to suit your needs. Any more tips and advice? • Ascertain whether the team and firm has a supportive lead (as I do) and a good knowledge-sharing culture. At Withers we have a deeply embedded knowledge-sharing ethos with at least one KL in most teams. • Ensure you direct your energies into legal work. Get a brilliant secretary (like mine) and don’t allow administrative tasks to take up unnecessary time. • Yes, you are still a solicitor. You may need to remind people of this sometimes. Don’t allow the word 'support' to affect your professional branding. • If you are sociable at work, ensure that you reach out to other KLs. I work with two other KLs in my team (both brilliant) but as a KL you are unlikely to fall neatly into the ready-made tribe of associates as before, and so you need to work a bit to avoid feeling isolated when you start off. Every lawyer can contribute to the social fabric of their firm, but you may find you have more space to do so as a KL. • Expand your horizons, say 'yes' a lot and be open to new technology and media ops. You will be rewarded. I have spent time in film studios as one as an advisor in a legal TV series on Wills, and been part of the team for our Modern Relationships podcast series. Wider opportunities are out there, so make them happen. • Be organised, disciplined, use your expertise to contribute more widely area of law; serve on committees, push for reform, respond to consultation; share your knowledge (without giving away the crown jewels). Choosing a career as a KL will reap many rewards and you can give back to improve our legal landscape. ■

Natalie O'Shea

Senior Knowledge Lawyer, Withers LLP https://withersworldwide.com/en-gb/people/natalie-oshea Natalie.O'Shea@withersworldwide.com

CENTRAL LONDON LAWYER | 21

ADVERTISING FEATURE

What is legal project management and why should you care? Think legal project management (LPM) is only for big law firms handling huge cases with a whole army of lawyers? Think again.

ost legal professionals already engage in some form of LPM. They just don’t realise it. Whether it’s every time they take on a case or when they’re managing admin tasks, all legal services consist of highly structured processes. LPM is a means of enhancing that service with traditional principles of effective project management. Why should you care about LPM? Employing strong project management methodologies, and being strict in their application, will make your firm more efficient, resulting in reduced write-offs, better team collaboration and improved profitability. These efficiencies result in more time – time you can spend on going the extra mile for your clients. Clients have always wanted their chosen firm to be proactive and transparent, to communicate effectively and to meet deadlines. LPM is the best thing you can do to ensure you meet these expectations. A true statement of competence The other major benefit of LPM is that it’ll go a long way in meeting the competencies set out in the Statement of Solicitor Competence by the Solicitors Regulation Authority (SRA). Section D sets out that solicitors must “initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise”. LPM issues are often at the heart of matters when things go wrong. Mistakes can lead to reports to the SRA. Plus, smaller firms are actually more likely to receive reports to the SRA, due to the fact they often don’t have the necessary procedures in place. How to unlock your hidden LPM skills 1. Define scope – Ensuring that you and your client are on the same page is a crucial aspect of LPM. Make sure you understand exactly what the client needs, and be clear about what you might require from them in return. 2. Establish a project plan – If you want your project to be successful, you need to provide a clear plan for how you’re going to get from A to B. Set achievable milestones, list every action and be upfront about pricing. 3. Conduct your legal case – This is the part where you crack on. And, if you do it right, then this phase should look very similar to the previous one. When things arise that you weren’t anticipating, deal with them expeditiously and communicate appropriately. 22 | CENTRAL LONDON LAWYER

4. Review the process and outcome – There’s no point sticking to a process if it isn’t working. Look back at the previous three phases and ask yourself what went right, what went wrong and how you could improve. If you do this properly and keep accurate records throughout, you’ll be rewarded with fewer surprises in the future. Don’t forget to give feedback to your team to share learnings. How to get started with LPM Start by addressing the phases where you’re failing first. Be truthful, look at what you can improve easily and begin improving it. Don’t worry – it’s easier than you think. What you’ll find is that most firms are pretty good at managing the first three phases of LPM, but most frequently fall down in phase four. When was the last time you had an honest debrief and dug into data to understand why costs ran away from you or delays happened? Focus your time and energy here, and you’ve won half the battle. Which LPM technology do you need? There are some essentials which you’ll need: • Project plan checklist/templates – Search for them online, find something you like and make it work for you. Better yet, look at the technology you already use – are there any tools that you’re not taking advantage of? • Milestone calendar with tasks – Ensure you have a place where you can track all the key dates you need to hit, and a workflow so your team has a process to follow. • Monthly reporting – Keep a clear audit trail and review how effectively you’re meeting client expectations on a regular basis. • Multiple communications channels – Communicate with clients via the method which is most convenient for them. • Debrief protocols – Make the review phase, and the learnings which come with it, compulsory. The easiest way to do this is using an effective practice software solution (like Quill) to streamline the process. Having an all-in-one system to flag issues, manage documents and record time (among other things) will make managing projects smarter, not harder. ■ This ‘What is legal project management and why should you care?’ guidance is written by Catrin Macleod, Quill’s business analyst and a former solicitor. It was originally published on the Law Society website in August 2023.

ADVERTISING FEATURE

Clio Unveils Its Most Expansive Product Update Yet

lio, the leading provider of cloud-based legal technology, unveiled a significant set of updates at the 2023 Clio Cloud Conference, focusing on centralisation, connectivity, and increased efficiency for legal professionals. These updates include streamlined payment processing, enhanced client interactions, mobile app improvements, and expanded matter management and client communication capabilities, all within Clio's trusted centralised platform, serving over 150,000 legal professionals globally. "This year, we have focused on centralisation and connectivity throughout our platform, helping legal professionals to bring more of what they do into Clio," said Jack Newton, CEO and Founder of Clio. "By creating more efficient connections to clients and colleagues, Clio provides the essential tools they need to foster strong relationships, increase profitability, and run a healthy, thriving practice. Each update we've unveiled this year is rooted in the desire to move legal professionals up the value chain and make Clio work harder for them across one versatile platform." Key updates tailored for UK firms include: Clio Grow: Introducing automated workflows for streamlined document and email creation and client intake. Clio Manage: Offering enhancements such as visual matter stages and templates for simplified matter creation. Email Integration: Seamless integration with Gmail and Outlook for sending emails within Clio Manage. Mobile App: Significant improvements for case management, document uploads and billing, on the go. Clio Payments: Revolutionising payment processing with multiple payment options, including Apple Pay, Google Pay, BACS bank transfer, and flexible instalment plans for clients and law firms. To learn more about how Clio can help your law firm, check out clio.com/uk. ■ CENTRAL LONDON LAWYER | 23

ADVERTISEMENT FEATURE

Poppy’s second chance at love

oppy’s owner first contacted her local rehoming centre and said she needed to hand Poppy, a four year old Chihuahua cross, over to us as she had sadly recently been given a diagnosis that she had a terminal illness. She was advised to apply for a free Canine Care Card and nominate a Dog Guardian; someone she trusts to sign over the care of Poppy to Dogs Trust should she need it. She’d then be able to spend the most time possible with Poppy and feel reassured that she’d be given the best possible care at Dogs Trust when they could no longer be together. When Poppy’s Dog Guardian contacted us to advise that her owner was now receiving palliative care and that they needed to activate her Canine Care Card, Poppy was collected by Dogs Trust the very next day. After a vet and behavioural assessment we decided the best place for Poppy would be a loving foster home. We were able to advise the foster carers of all the information we’d been given by Poppy’s owner regarding her life, diet and routine to enable us to make this transitional period as stress-free as possible for Poppy. Within almost no time, we were able to find very affectionate Poppy a lovely new home for her second chance at love. Poppy’s story is one of many we come across at Dogs Trust.

Many owners are growing increasingly worried about gradually losing their independence or their health deteriorating. Dogs Trust want to offer owners peace of mind that we will be there at this difficult time to care for and rehome their four legged friends should the worst happen. Therefore we’re pleased to announce that we have extended our Canine Care Card service. Dogs Trust will care for your dog should you move into a care home, become seriously ill or pass away. For more information on our Canine Care Card service and how to register your dog please type in this link www.dogstrust.org.uk/ccc where you will find our online application form and more information on our free service. If you have any queries regarding the Canine Care Card please email CCC@dogstrust.org.uk or call 020 7837 0006 and we will be happy to help. ■

Who’ll keep her happy when your client’s gone? We will – as long as your client has a Canine Care Card. It’s a FREE service from Dogs Trust that guarantees their dog a second chance a life. At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 21 rehoming centres, located around the UK. One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost. So contact us today for your FREE pack of Canine Care Card leaflets – and make a dog-lover happy.

E-mail ccc@dogstrust.org.uk Or call 020 7837 0006

Or write to: FREEPOST DOGSTRUSTL (No stamp required) Please quote “334975” All information will be treated as strictly confidential. Service only available for residents of the UK, Ireland, Channel Islands & Isle of Man.

A dog is for life, not just for Christmas®

Registered charity numbers: 227523 & SC037843

24 | CENTRAL LONDON LAWYER

dogstrust.org.uk

BOOK REVIEW

Sinclair On Warranties And Indemnities On Share And Asset Sales 12th Edition

Private International Law In English Courts

By Robert Thompson

By Professor Adrian Briggs KC

A PROMISE MADE IS A DEBT UNPAID’: THE SIMPLIFICATION OF A RANGE OF COMPLEX ISSUES RELATING TO WARRANTIES, NOW IN THE NEW TWELFTH EDITION OF THIS DEFINITIVE TEXT

HOW DOES PRIVATE INTERNATIONAL LAW WORK IN ENGLISH COURTS POST-BREXIT? READ THE DEFINITIVE WORK ON THE SUBJECT: NOW IN A NEW SECOND EDITION FOR 2023

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

es, fundamentally a warranty is a promise. Or, as Robert Service, ‘the Poet of the Klondike’ once wrote: ’a promise made is a debt unpaid,’ thus summing up with stunning simplicity, the essence of warranties. Well, he was a banker, wasn’t he? And a Scottish one to boot. Not surprisingly, he left the gold and the cold of the Klondike for retirement on the French Riviera, mainly financed, it is said, by the royalties earned from that slender and wildly popular volume of verse of his, entitled ‘Songs of a Sourdough.’ A lot more recently, it has also been pointed out that a warranty in an insurance policy, for example, is a promise by the insured party that the contractual statements made therein are true. However, the almost infinite variety, scope and complexities of warranties and their attendant legalities would fill a book -- and that is precisely why ‘Sinclair on Warranties and Indemnities on Share and Asset Sales’ has become, over the decades (since the eighties at least) the definitive work of reference on this often-abstruse topic. Now it has arrived in a new twelfth edition from Sweet and Maxwell and, as General Editor Robert Thompson explains, it ‘reflects the changes in law, conventions and practice’ that have occurred since the previous edition published in 2020.’ Certainly, the past three years of upheaval -- caused primarily by the Covid-19 pandemic -- have wrought profound changes indeed, hence the utility of this book, which as the title indicates, focuses on warranties and indemnities on share and asset sales. The book is nothing if not broad in its scope. In particular, a key chapter for those needing information on share sales offers pertinent information and advice, including analysis of the remarkably broad range of individual warranties which are discussed under a broad range of categories, including accounts... finance... trading and contracts... environmental... employment... and pensions. ‘Assets’ of course comprise an interesting category that encompasses Intellectual Property rights, and IT systems, not to mention Covid 19 insurance and money laundering. The book, as the author points out, ‘is intended to be a practitioners guide, rather than academic treatise,’ containing as it does, ‘insights from both a purchaser and vendor viewpoint’ while at the same time stressing the insights and techniques needed for informed and ultimately successful negotiation, in an area of law in which ‘knowledge is power.’ The book’s research resources are therefore useful, if not essential, including extensive tables of cases, statutes, and statutory instruments. And for easier navigation, there is a detailed table of contents, four appendices and an index of over twenty pages. Also, digital access to precedent content is now provided on the eReader platform (ProView). As a practitioner’s guide to this unarguably complex area of law, this book certainly excels. ■

2nd Edition

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator

he publication of this new edition of ‘Private International Law in English Courts’ from Oxford University Press, part of the Oxford Private International Law Series -- is nothing if not historic when you consider that the first edition was published eight years ago in 2014.

Since then, the world in general and the United Kingdom in particular have had to tackle one upheaval after another, starting with the Brexit vote in 2016, the impact of which was exacerbated by the dismaying and disruptive effects of the Covid 19 pandemic. But, as is pointed out in this latest edition of this important and authoritative work of reference, it is Brexit, which (as expressed in the Series Editors Preface) confronts us with the necessary task of ‘re-surveying and re-building the landscape of the conflict of laws in England and Wales.’ In addition, that the book’s erudite author Professor Adrian Briggs KC has undertaken ‘the role of chief surveyor painstakingly charting the shoreline to see what the receding tide of European legislation has left behind and seeking to build around it with the materials... offered by our own constitutional order: shattered statutes, complex rules of procedure and an ever-growing mass of cases.’ And he does it very well indeed. With these bewildering realities in mind, how does one cope? Or, in the words of Professor Briggs, ‘how... does it feel to have taken back control?’ Obviously, there is no simple answer out there to this conspicuously complex -- and by now, oft repeated -- question. Indeed -- and obviously, there is a multiplicity of answers to a multiplicity of questions linked to the complexities of this issue. What this book does is to provide practitioners with the insights, the guidance and the techniques needed to function successfully within the new landscape of international law. This new edition, says the author, aims ‘to show and explain how private international law works in English courts, using the jurisprudence to help to paint, rather than to overwhelm, the picture.’ Certainly, this distinguished text delivers plain speaking, thought provoking and practical content. Copiously footnoted throughout, it features logical aids to navigation, including a detailed table of contents, (plus a summary of contents) and a fourteen-page index. Its twelve chapters cover every pertinent aspect of what an intrinsically complex area of law is, including: tools and techniques... jurisdiction... ancillary measures... foreign judgments... contractual obligations... noncontractual obligations... property... corporations... adults... children... and finally, arbitration. Also note the more than forty pages of tables of cases and of legislation. Practitioners in international law everywhere will no doubt regard this book as an essential purchase. ■ CENTRAL LONDON LAWYER | 25

BOOK REVIEW

Negotiating Technology Contracts 2nd Edition

A Practitioner’s Guide To Inheritance Act Claims 4th Edition

By Kit Burden, Mark O’Connor and Duncan Pithouse

By Nasreen Pearce

TOP PROFESSIONAL ADVICE ON THE SUBTLE AND PROFITABLE ART OF COPING WITH TECHNOLOGY CONTRACTS -- NOW IN A SECOND EDITION An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

s technological change looms ever larger, faster, and increasingly complex, this book -- now in a new edition -- becomes all the more essential for practitioners tasked with the ups and downs and ins and outs of negotiating technology contracts. To say that they’re difficult to negotiate is something of an understatement.

All the better then, that the three authors of this well-established legal text -- all from DLA Piper -- have now collaborated in producing its new second edition from Globe Law and Business. Their stated aim is to ‘help you navigate safely and successfully through the negotiation maze.’ And a fair bit of a maze it is too, considering the ubiquity and complexity of the subject matter.

A TAX WE SHOULD ABOLISH? WELL -- NOT YET. MEANTIME, PRACTITIONERS IN THIS AREA SHOULD READ THE NEW EDITION OF THIS GUIDE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator

awyers dealing with inheritance tax issues (and they are out there aplenty) would be wise to acquire this long established and eminently useful title -- now in a new and extensively updated. fourth edition from Wildy, Simmonds, and Hill.

The author -- Her Honour, Nasreen Peace -- is a retired judge, well known to the Bar and Wildy, and particularly expert in this challenging, controversial area of law. The guide therefore offers practitioners a detailed and authoritative guide to the provisions of the Inheritance (Provisions for Family and Dependence) Act 1975, with reference to subsequent and recent legislation which is discussed and analysed in detail.

The overall aim is to help negotiators gain a full appreciation of the nature of the underlying deal and the true commercial needs of the contracting parties involved. Compliance with the relevant laws and regulations is of course a key issue, particularly the ramifications of changes to the law and also the key question of which jurisdictions are being referred to.

The Act itself, as the author points out ‘has been amended over the years to meet the needs of an ever-changing global society,’ notably the now varied forms of family and the extension of the non-traditional family -- a prime example of this being same sex relationships. Usefully, the book provides a step-by-step guide to the preparation of cases under the Act and the practice and procedure required to process an application through the courts.

Across its twenty-four chapters, the book delivers considered and informed advice on a wealth of other key issues, including such relatively recent developments as cloud-based services and the impact of artificial intelligence (AI) on contract provisions. The book is reassuringly practical in that it tells you what you need to know and what you need to do, as you approach that formidable negotiating table. Chapter topics range from due diligence to service provision, to warranties and of course much more.

The book deals with every conceivable aspect of this complicated area of law which, to the advantage of the practitioner, delivers informed comment, as well as fascinating reading, supported throughout by a wealth of references to cases. Also contained in this updated edition are detailed discussions of a range of issues that have relatively recently emerged: crypto-currencies and crypto-assets, for example and the increasing importance of -- and often the necessity for -- negotiation and mediation.

Helpfully, there is useful commentary on such issues as, for example, intellectual property and cloud services, plus comment on the different types of technology contracts and the various approaches you are likely to encounter in Europe, the UK and the US. The advantage here is that the various types of technology contracts are carefully examined -- and also note the final chapter on handling -- or coping with -- the dreaded eventualities of managing contract disputes.

With its detailed index and table of contents -- and of course, numbered paragraphs throughout -- the book is easily navigable as are all Wildy guides. Note the tables of statutory instruments, guides, codes of practice and international materials. All but one of its thirteen chapters feature an introduction and the chapters themselves cover every relevant aspect of this minutely detailed legal landscape which, more often than not, demands an erudite, precise, and yet sensitive approach to sensitive and often complicated issues, such as -- for example -domicile, time limits, eligibility, grounds for making a claim and so forth. Note too, the three appendices which include legislation, precedents, and practice guidance. ■

As technology progresses ever faster and further into an era in which AI, for example, will increasingly dominate, this book provides the beleaguered negotiator with essential and much needed advice and guidance. No one involved in the complexities of this fraught and fast-moving area of law should be without it. ■ 26 | CENTRAL LONDON LAWYER

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Central London Lawyer November 2023

Articles inside

INTERNATIONAL

T.P.N.- The Paralegal Network

OPINION

Tips to help you Survive Legal Pro Bono

EVENTS

SUB-COMMITTEES

The President's Foreword

The President's Foreword