Hampshire Legal December 2022

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THE OFFICIAL JOURNAL OF THE HAMPSHIRE LAW SOCIETY | DECEMBER 2022 HampshireLegal  Take a proper break this Christmas  HILS Lecture Programme 2023  Happenings in Hampshire Merry Christmas and a Happy New Year
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PUBLISHER

Benham Publishing

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

MEDIA No. 1889

PUBLISHED

December 2022 © 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

The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

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.

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

COVER INFORMATION

Photo by Annie Spratt on Unsplash.

@hampshirelawsoc https://www.linkedin.com/company/hampshireincorporated-law-society/

HAMPSHIRELEGAL | 3
Contents 09 05 President’s Review 07 HLS Contacts 09 CPD Programme 2023 10 Notices 11 Happenings in Hampshire 14 Council Members Report 17 Take a proper break this Christmas 18 The Solicitors’ Charity aims to raise over £1million in 2023 21 Solicitors’ Retainers – avoiding unwanted liabilities 23 Dear Fellow Business Owner 24 Wellbeing Month with the SHJLD Copy Deadlines 17th February 2023 For the March 2023 edition Advertising Anyone wishing to advertise in Hampshire Legal please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial Anyone wishing to submit editorial for publication in Hampshire Legal please contact Nicola Jennings before the copy deadline.
Follow us on social media 21 17 14
administration@hampshirelawsociety.co.uk

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Christmas and a Happy New Year to All
Merry

What a landmark few months we have had, the death of Her Majesty Queen Elizabeth II, two new Prime ministers, the new budget, strikes, cost of living issues –plenty to keep us on our toes. Throughout all of this HILS has been calmly working away supporting the profession and providing valuable training, lectures and events to keep our lawyers up to date.

HILS shared in the grief of the nation on the passing of Her Majesty, Queen Elizabeth II. We joined with The Law Society in offering our condolences to the Royal Family. ‘As the holder of a Royal Charter’, The Law Society has been very grateful to the Queen for her role in public life, as a defender of the constitution and source of stability in an era of great change. We are thankful for the way she dedicated her life to the service of this country’. We now look forward to the reign of our new monarch King Charles III.

We have been busy responding to Law Society consultations, ensuring that our members have their voices heard and that their comments make their way back to the national settings. We have attended the SRA, COLP and COFA conference and followed updates in the codes of conduct and rule changes. We are busy preparing the lecture and social programmes for next year to incorporate all that has been requested and all that has been notified to us.

It was an honour to be invited to the opening of the Legal Year which took place on 3 October 2022 at Westminster Abbey. It was a really fantastic experience and so incredible to see the branches of the legal profession coming together, meeting lawyers and barristers from around the country and from around the world. This meeting sparked a fantastic symbiosis with some other Local Law Societies that were present and has led to the formation of a quarterly Local Law Societies Group. The first meeting of this took place on Friday 18 November 2022 and was really well attended with some excellent discussion and feedback. We look forward to taking part in the next event which is on 13 January 2023.

I was also privileged to attend the Berks, Bucks & Oxon Local Law Society annual dinner. The first they have held since preCovid. It was at the amazing Ashmolean Museum in Oxford and was a wonderful, convivial occasion. It is so promising and exciting to see that local law societies are getting ‘back on their feet’ and will be there to support their respective members and HILS are thankful to be able to support them and be involved.

President’s Review

DECEMBER 2022

I was invited to attend a Law Society Round Table seminar on the adapting and shifting perceptions of professional ethics. This led to some lively debate which highlighted regional disparities and the differences between the challenges faced by smaller high street firms and those faced by large corporate firms.

HILS took part in the Southampton Legal Walk back now in September and I am pleased to say we all completed it and survived! Between all the participants we were able to raise more than £4,500.00 so massive thanks to all those that supported us.

HILS have been very fortunate to be able to put on another joint seminar with HW Conveyancing with the excellent Ian Quayle speaking. It was very well attended so please look out for more events in the future. They are free to our members.

We continue to try and engage on our Social media platforms and it would be great if you can connect with us and let your colleagues know about HILS and also tag us in to updates. We would love to have a direct connection with as many individuals that work in the legal sector as possible.

As always, massive thanks to the committee for their incredible efforts throughout 2022. If you have any interest in joining the committee or any ideas for other types of events, lectures or seminars then please get in touch.

HILS are looking forward to working with you all again in 2023 and we hope that everyone can have a proper break and enjoy some down time over the Christmas and New Year period. ■

HAMPSHIRELEGAL | 5 INTRODUCTION
Mo Aldridge

Hampshire Law Society Contacts

The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong

President

Mo Aldridge

Jasper Vincent

44 Queensway, Southampton SO14 3GT Tel: 023 8063 3225 maldridge@jaspervincent.com

Vice President

Tom Mitchell Trethowans

Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com

Deputy Vice President

Kevin Richardson Biscoes

Kingston Crescent, Portsmouth PO2 8AQ Tel: 02392 660261 krichardson@biscoes-law.co.uk

Honorary Secretary

Ian Robinson irobinson@hotmail.co.uk

Honorary Treasurer

Tom Mitchell Trethowans

Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com

Immediate Past President James Gleisner

Law Society Council Member

Adrienne Edgerley Harris Shentons

Star Lane House Staple Gardens Winchester SO23 9AD adrienneedgerleyharris@gmail.com

Administrator

Nicola Jennings Tel: 023 8044 7022 administration@hampshirelawsociety.co.uk

Complaints

Tom Mitchell tom.mitchell@trethowans.com

Education & Training

Tom Mitchell Kirsten Wickham

Nicola Jennings

Membership

Sarah Coates Harriet Olway

Contentious Russell Evans russell.david@yahoo.co.uk Kevin Richardson

Non Contentious Matthew Robbins Mo Aldridge

PR (inc Social) Mo Aldridge (Chair) maldridge@jaspervincent.com Sarah Hallett Eliza Watts

Regulatory Adrienne Edgerley Harris (Chair) adrienneedgerleyharris@gmail.com Ian Robinson Sarah Huck

Follow us on Twitter @hampshirelawsoc

Follow us on LinkedIn https://www.linkedin.com/ company/hampshireincorporated-law-society/

HAMPSHIRELEGAL | 7 HILS CONTACTS

Upcoming

8 | HAMPSHIRELEGAL XXXXXXXXXXXX 01489 564606 • • • 01489 564606 • • • • •
Auctions Wednesday, 8th February Wednesday, 22nd March Thursday, 4th May

CPD Programme 2023

CONVEYANCING SEMINAR

Tuesday 7 February 2023 | 1.45-4.45pm

Eastleigh FC, Eastleigh, Hampshire SO50 9HT

Ian Quayle, lecturer for 16 years for CLT amongst others and will be presenting. Bullet Points tba.

PRIVATE CLIENT

Tuesday 21 February 2023 | 1.45-4.45pm

Eastleigh FC, Eastleigh, Hampshire SO50 9HT

Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. Bullet Points tba.

FAMILY

Tuesday 28 February 2023 | 1.45-4.45pm

Eastleigh FC, Eastleigh, Hampshire SO50 9HT

HHJ Simmonds former solicitor and member of the children panel – appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money. Bullet points tba.

CONVEYANCING

Tuesday 7 March 2023 | 3.00-4.30pm

Via Zoom

Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience. Richard has a reputation for delivering practical advice in an entertaining and engaging way.

Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

PROBATE

Tuesday 18 April 2023 | 3.00-4.30pm

Via Zoom

Kerry Morgan-Gould. Kerry is a Partner and Head of the Trusts & Estates Team at Ashfords LLP. Kerry has been qualified for 12 years.

She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to contentious Court of Protection matters.

COMMERCIAL CONVEYANCING

Tuesday 25 April 2023 | 1.45-4.45pm Eastleigh FC, Eastleigh, Hampshire SO50 9HT

Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker. Bullet points tba.

WILLS AND PROBATE

Tuesday 2 May 2023 | 1-45-4.45pm Eastleigh FC, Eastleigh, Hampshire SO50 9HT

Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. Bullet Points tba.

FAMILY

Tuesday 23 May 2023 | 1.45-4.30pm Eastleigh FC, Eastleigh, Hampshire SO50 9HT

HHJ Simmonds former solicitor and member of the children panel - appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money. Bullet points tba.

CONVEYANCING UPDATE

Tuesday 6 June 2023 | 3.00-4.30pm Via Zoom

Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience. Richard has a reputation for delivering practical advice in an entertaining and engaging way.

Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

PROPERTY LECTURE

Tuesday 27 June 2023 | 1.45- 4.45pm Eastleigh FC, Eastleigh, Hampshire SO50 9HT

Edward Denehan is recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.” He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having “An impressive understanding of restrictive covenants affecting land”. Bullet points tba 

HAMPSHIRELEGAL | 9
CPD – TRAINING

NOTICES

ADDITIONAL INFORMATION

The programme will be updated once additional information is received from speakers. Information will be distributed via email and in the quarterly magazine.

You can find more detail on each lecture on our website: www.hampshirelawsociety.co.uk

PRICING

ZOOM: 1.5 hour lecture = £35.00 (Non Member £50.00)

LIVE: 3 hour lecture= £90.00 (Non Member £130.00)

Most of our lectures will be live lectures at: Eastleigh FC, Eastleigh Hampshire SO50 9HT

For Zoom Lectures the link will be provided in the days prior to the event. Handouts will be emailed prior to each lecture.

TERMS & CONDITIONS

 All applications will receive a written confirmation of booking

 Payment can be made securely online or is required with the registration form. No places can be reserved without payment

 Booking is subject to availability of places

 Delegates may be substituted at any time with an appropriate additional payment for any non-members

 HILS accepts no responsibility for the views or opinions as expressed by the speakers, chairman or any other persons at the event

 HILS reserves the right to alter the venue, programme and the speakers at any time

 Claiming the member rate remains the responsibility of the claimant however HILS will ensure that you are charged the appropriate fee once membership status checked

Your membership also entitles you to attend live and online seminars run by some of our neighbouring law societies – check the website for details.

Crime Duty Solicitor

Permanent full-time, Competitive salary Bournemouth, Dorset

Our firm, Hurleys Solicitors Limited, are a long well established firm in the Bournemouth area with a small busy criminal department seeking to recruit the services of another duty solicitor. The firm has been operating for in excess of 30 years and has a busy criminal practice. It is a member of the east Dorset duty solicitors schemes which cover the east of Dorset.

Hurleys are located in the very busy connurbation of Bournemouth, Christchurch and Poole which hosts a thriving student university population during the terms time and is a very busy holiday resort and with a dynamic night life. It enjoys 7 miles of golden sands and has easy access to the New Forest and the jurassic areas of Dorset. It also enjoys excellent rail links to all major cities including London.

The position the firm are seeking to add to their existing team by recruiting a further Criminal Duty Solicitor. The successful candidate shall be expected to manage their own case load and indeed build up a case load of their own. The role shall require police station attendance and court appearances to conduct advocacy in the magistrates’ court from the beginning to the end of a criminal case.

Requirements

Experience would be an asset but it is not vital. The successful candidate who will be one who is seeking to build and maintain their own client base and where appropriate undertaking their own police station attendances and magistrates’ court hearings. Higher court rights are again not vital although would be considered an asset.

Benefits

– Competitive salary according to age and experience – 25 days holidays plus public holidays – Pension scheme – Flexible working arrangements – Agile working

Applications by email to: dhurley@hurleyssolicitors.co.uk 

Solicitor

Competitive salary | Sandown, Isle of Wight

Jeromes are looking for a Solicitor to take over the running of our Shanklin Office, a perfect opportunity for someone who wants to take the next step in their career, or someone who wants a change of scenery, who can bring their talents to the Isle of Wight with the very real prospect of a partnership in one of the oldest law firms on the Island.

Preferably a Private Client specialist but other areas of law will be considered.

We offer

– Competitive salary

– 25 days annual leave

– All paid public holidays – Christmas leave

– Birthday leave

– Friendly team – Good work/life balance

Please send an email with your CV and a covering letter to roswells@jeromelaw.co.uk or by post to:

Ros Wells, Practice Manager, 11 High Street, Sandown, Isle of Wight, PO36 8DA www.jeromelaw.co.uk 

10 | HAMPSHIRELEGAL

Dutton Gregory quiz

On 27th October Dutton Gregory Solicitors hosted their annual charity quiz and curry night in support of the Romsey Opportunity Group. Eighteen teams of local business and Universities from across Hampshire attended the event which took place at the Mercure Wessex Hotel, with Southampton Solent University Subpoena Coladas being crowned the winners and taking home the trophy.

The event also included a charity raffle with a number of prizes ranging from golf days, hampers, cream teas, cinema tickets and a signed Southampton Football Shirt kindly donated by Southampton Football Club.

The evening raised £3,459.28 for the charity which gives support for children with additional needs and their families, by providing a place for children to play and interact with one-to-one care, through various stimuli including toys, music, a sensory room and garden. The group also provides the parents with a place to meet and support each other.

Jon Whettingsteel, Partner in the Family team at Dutton Gregory Solicitors and Quiz Master for the evening said, ‘this is only the second year we have run this event, and I have been absolutely blown away with the number of business that gave up their evening to support the event and charity both in attending and also in donating prizes for the raffle. ROG receives no government funding, and is entirely reliant on donations and charity grants so these funds are much needed to enable them to continue to do their amazing work’.

Janine Hollands, playroom co-ordinator at the Romsey Opportunity Group said, ‘We are completely overwhelmed with this donation. It will help finish our sensory room for the children and enable our young families and children with special needs to be supported.’

More information about the Romsey Opportunity Group and the work they do can be found at www.romseyopgroup.org.uk 

HAMPSHIRELEGAL | 11 HAPPENINGS IN HAMPSHIRE

Giving us Gold

Troy Atkin, a trainee solicitor at Biscoes in Portsmouth brought home the gold for England at the Powerlifting Commonwealth Games in New Zealand last week.

Troy who currently holds the title of English Bench Press Champion in the open men’s 120kg category, works in the Commercial Litigation department at Biscoes, with him looking to qualify as a solicitor in March 2023.

Troy, who has a passion for Corporate Litigation and powerlifting, joined Biscoes as a trainee solicitor in June 2021 and has gone from strength to strength, earning fantastic client testimonials, the Biscoes Trainee of the Year award at their 2021 Christmas Party and many powerlifting titles.

Alison Lee says of Troy’s gold medal win, “We are so proud to have Troy on our team. We have flexed his working hours from the start of his training contract to allow him time to train, nevertheless he puts as much effort into his client work as he does his powerlifting and is frequently in receipt of testimonials about his pragmatic approach and great service to our clients. He is a wonderful addition to a strong litigation team with his dedication and commitment in all that he takes on.” 

Isle of Wight legal assistant recognised at Lord Lieutenant Awards Ceremony

An Isle of Wight legal assistant has been recognised for her selfless dedication to volunteering and fundraising for the Ryde Sea Cadets.

Margaret Beacham of Churchers Solicitors received a British Empire Medal (BEM) at The Isle of Wight Lord Lieutenant Awards on Tuesday 4 October.

Lord Lieutenant of the Isle of Wight Susie Sheldon presented Margaret with the BEM at the The Royal Yacht Squadron in Cowes.

The award ceremony recognised Margaret’s outstanding volunteering and fundraising work for the Ryde Sea cadets which she has been dedicated to since 2006.

Margaret’s most recent work involved fundraising to set up a new Sea Cadet facility on the River Medina at Island Harbour.

Throughout the COVID pandemic, Margaret volunteered as the Chair of the Ryde Sea Cadets alongside her work as a legal assistant at Churcher Solicitors. The impact of her fundraising has driven the recruitment of Ryde Sea Cadets.

The legal assistant was passionate about transforming the previous facility into what is now a thriving and vibrant Sea Cadet Unit.

Margaret said: “It was an honour to attend the award ceremony and celebrate the fantastic work being carried out across the Island.

“My work with the Ryde Sea Cadets means so much to me and I’m extremely proud that my volunteering and fundraising efforts have impacted so many young people across the Island.”

Margaret’s work on her most recent community project has had a huge impact on youth development in the Isle of Wight.

Three BEM awards were presented as part of the ceremony, as well as seven Duke of Edinburgh awards and recognition awards for service within the NHS and Hampshire Constabulary.

12 | HAMPSHIRELEGAL HAPPENINGS IN HAMPSHIRE


Trethowans announces Partner level promotion in corporate team

Trethowans has promoted corporate lawyer Jamie Earley to Partner.

Jamie joined Trethowans in 2015 and is based in the Southampton office. He is a key individual within the corporate team, specialising in acquisitions and disposals, with particular experience in the builder’s merchant’s sector. He also acts for companies and individuals in relation to shareholder, LLP and partnership agreements.

Jamie is recommended as a key lawyer in the Legal 500 and is noted for his corporate expertise.

He was recently involved in a $1.4bn international deal which saw System1, LLC become a publicly listed company on the New York Stock Exchange. The listing took place on 27 January 2022. Jamie also advised on the English law aspects of the $265m sale of Nutrawise Health & Beauty Corporation to Canadian listed entity Jamieson Wellness, which completed in June 2022.

In the builder’s merchant sector, he previously advised the shareholders of Exall Jones on their sale to Huws Gray Group late last year and advised the shareholders of Wantage Builders Merchants on their sale to Grant & Stone in May 2022.

Jamie Earley, Partner, said: “I am excited to join the partnership at such a strong time for both the firm and the corporate team, which has again been ranked as Tier 1 in this year’s Legal 500. I am lucky to work with some very talented lawyers who have mentored me since joining Trethowans seven years ago, and I look forward to contributing to the team and firm’s continued growth”.

Commenting on Jamie’s success, Mike Watson, Managing Partner, said: “Jamie has been an integral member of the corporate team since he joined the firm in 2015, dealing with complex large-scale transactions, often with international elements involved. During this time we have seen the team, which is recognised as one of the strongest in the region, go from strength to strength. I would like to congratulate Jamie on his promotion and wish him every success.” 

Trethowans named in The Times Best Law Firms 2023

Trethowans has once again been named as one of The Times Best Law Firms – the newspaper’s annual list of the top 200 legal practices in England and Wales.

Put together by international market research company Statista, the list is based on responses from thousands of solicitors, who vote for their most highly regarded lawyers and firms across a range of categories covering business, public and private client services.

Solicitors cannot vote for themselves and can only vote once in the survey, to create a definitive list of the most respected lawyers and firms in the industry.

Trethowans’ managing partner Mike Watson said: “We’re thrilled to have made The Times Best Law Firms list once again.

“I’d like to thank everyone who voted for us and congratulate our hardworking team, who always go above and beyond to ensure we provide an excellent service for all our clients.”

It comes after Trethowans was recognised in the Legal 500 last month, achieving top tier status in the renowned legal directory for services in Corporate and Commercial, Licensing, Personal Injury & Clinical Negligence (claimant) and Personal Tax, Trusts & Probate. Trethowans was also recommended by the Chambers Guide 2023, with multiple teams ranked including a UK ranking for its defendant personal injury work. 

HAMPSHIRELEGAL | 13 HAPPENINGS IN HAMPSHIRE
Jamie Earley, Partner – Corporate Mike Watson, Managing Partner – Trethowans

Council Members Report

Adrienne Edgerley Harris is the elected Law Society

Council representative for all the solicitors in the Southern Region (Hampshire & IOW) and has been in post for just over a year. She is also a member of the Law Society Regulatory Processes Committee, which has oversight of the activities of the SRA, the Legal Ombudsman and Legal Services Board. This provides a clear perspective on regulatory developments from which she can inform HILS members.

This is a summary of some of the Council activity over the last year.

Her Majesty the Queen Elizabeth II

With the news of the death of Her Majesty, TLS President sent a message of condolence ad loyalty to His Majesty King Charles III on behalf of Law Society members.

Change was not to stop there, as Boris Johnson gave way to the new Prime Minister, Liz Truss – and now we have Rishi Sunak. This has resulted in the disruption of various bills through Parliament and a renewed direction of travel: there is hope that proper funding of the criminal justice system will take a higher profile – and the new Law Society President Lubna Shuja is continuing to press government on this. Influencing the Bill of Rights Bill continues to be a priority: the Society welcomed the opportunity afforded by the pause in the passage of the Bill to revise and rethink its contents.

There is also active engagement over the National Security Bill and proposals for legislative reform concerning SLAPPs (Strategic Lawsuits Against Public Participation).

President’s visit to Hampshire & IOW

In May 2022, Adrienne was delighted to secure President I, Stephanie Boyce’s visits to various educational establishments in Hampshire, namely Farnborough Sixth Form College, Southampton University and Winchester University. The IOW Law Society also hosted the President on the Island. She gave a talk about her challenges in working in the law which was well received by the students, in house lawyers and local solicitors attending.

I am liaising with the new President’s office as to how HILS members might engage with her in the coming year. All ideas are welcome.

Her priorities include the ethical challenges the profession faces, being an influential voice on justice, the rule of law and the value of solicitors and listening to members (there will be Roadshows to the regions and President’s Surgeries open to all members).

Member engagement

This has been a major plank for The Law Society. TLS recognises it must do more to show that it can answer the question “what does TLS do for me?”.

The initiative seems to be working: there was a record level of responses to the PC Fees Consultation and the strongest-ever performance, in terms of member readership, of the Society’s Professional Update.

Enhanced work to engage members through Local Societies had continued, with peer support, online information (including the bulletin), another successful virtual Town Hall Meeting for local societies and ongoing Presidential visits.

Please remember that engagement is a two-way process, so please let me know if you have ideas to enhance the links with Chancery Lane. I encourage you to sign up to myLaw Society via the Law Society website.

SIF

You will be aware of the SRA’s proposal to abolish the Solicitors Indemnity fund (SIF). The SRA argued that it was not cost effective and gave only a few protection from claims. TLS was successful in persuading the SRA to look again at this, as a result of which SIF life has been extended again, now to September 2023.

The SRA has conceded that there would be a negative impact on consumers if SIF is abolished and is now engaged in discussions with TLS as to how it, or something equivalent, will operate.

Legal Aid

Another area of intense lobbying has been over the rates of pay for legal aid. The Government ignored the recommendations of its own Committee, led by Sir Christopher Bellamy, for a 15% increase, awarding 9% for solicitors instead. The Criminal Bar Association has now called off its strike, accepting a 15% increase for new Crown Court cases and some other funding. This is not the case for solicitors. President Boyce put our views across at the Justice Select Committee, stressing the risk that the defence service might disappear altogether and the evidence of this in the increasing age of duty solicitors and decline in their number – and the number of firms providing criminal defence advice. The new President is continuing the lobbying for proper funding of both the civil and criminal justice system. She will also be pressing the Government to do more about court backlogs.

Chartered Institute of Legal Executives

It is now public knowledge that CILEX has asked the SRA to be its regulator. Some may consider that this could have a detrimental effect on the position of solicitors; others feel we ought to work more closely together. TLS is watching developments and if you have any views, please let me know so that I can voice them to Council on your behalf.

Diversity and Inclusion

The Law Society has launched a new framework, which serves as a roadmap for workplaces, to develop and deliver a strategic approach to Diversity and Inclusion (D&I):

Charitable Grants

Each year the Law Society advertises that charities can apply for grants and/or sponsorships for activities that promote TLS themes of access to justice and/or promoting a modern, diverse and inclusive profession.

14 | HAMPSHIRELEGAL REPORT
Adrienne Edgerley Harris

This year, TLS had £380,000 available for such grants. The funds come from the annual practicing certificate and equate to around £2.50 per solicitor. The grants awarded this year were:

CHARITY NAME AWARDED FOR

Access to Justice Foundation

Aspiring Solicitors Foundation

Legal Aid Practitioners Group Awards

LawCare

LawWorks (formerly the Solicitors Pro Bono group)

London Legal Support Trust

Sutton Trust

SWSQF

To sponsor 25 Legal Walks organised across England and Wales (outside of London and the South East) which in turn raise funds for good causes as well as raising the profession’s profile.

A charity that pays out small sums to aspiring solicitors with limited means to pay for laptops, clothes for interviews and similar.

Sponsoring their Legal Aid ‘LALY’ awards which showcase the work of legal aid solicitors. The Law Society sponsors the Best Legal Aid firm award.

The mental health support charity dedicated to the legal profession and clearly crucial in the current climate. Their recent ‘Life in Law’ research is particularly noted. This grant supports their core funding, but even with it they fear only 25% of the legal community know they exist.

The only pro-bono charity which provides a wide range of pro-bono activities and training (including insurance). They support a network of law clinics and pro-bono work across the country. £5,000 of the grant was given as sponsorship for their Pro-Bono award ceremony.

Sponsorship of the London Legal Walk (and walks in the South East) which raises very significant funds for legal advice centres as well as raising the profile of Solicitors.

A contribution to support their important Pathways to Law programme which reaches out to and encourages diverse entrants to the legal profession.

This is a new innovative project set up by a collaboration of the Young Legal Aid Lawyers and the City of London Law Society and others. The funds are to secure funding for SQE1 & 2 to enable social welfare workers take the next step in qualifying to enable them to work for the most vulnerable members of society.

AWARDED

£5,000

£10,000

£5,000

£130,000

£100,000

£10,000

£15,000

£20,000

Young Citizens

A public legal education charity going into schools to provide basic legal education to young people. Often involving local solicitors, it provides a well-researched Big Legal Lesson designed by educationalist, as well as mock trials and other work. It does excellent work which we do not have the resources to do ourselves.

£85,000

HAMPSHIRELEGAL | 15 REPORT
© CC BY-SA 4.0 Council and Town Hall meeting dates for 2023 17 JANUARY 23 FEBRUARY 29 MARCH 10 MAY 4 JULY 11 OCTOBER 11 NOVEMBER

New Year, New Approach

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Take a new approach in 2023 and make the switch to X-Press Legal Services Hampshire where owner Charlie Allen is on a mission to make conveyancing smooth sailing.

Born in Waterlooville and made in the Royal Navy, Charlie has over 15 years’ experience with X-Press Legal Services, an independent property partner specialising in data and e-conveyancing.

“2023 is set to be another busy year and now is the ideal time to take a fresh approach from client onboarding right through to eAP1s,” commented Charlie. “At X-Press Legal Services we offer clients a seamless pre to post completion experience, delivered through our Intelligent Online Conveyancing System – ICOS.

“Digitalisation is the future of conveyancing and offers so many advantages from helping conveyancers remain compliant to streamlining workloads and strengthening client relationships. ICOS is simple to navigate and cuts out needless workplace interruptions by providing real time updates on case progress.”

ICOS provides clients with an online ordering platform for conveyancers accessible 24/7. It provides a wraparound service including residential and commercial searches, pre and post completion services, plus due diligence and compliance products.

Providing clients with complete protection and peace of mind, X-Press Legal Services has invested in the same level of cyber security as those recommended by The Law Society. The company has Cyber Essentials Plus accreditation, the highest standard achievable, deployed across all its digital systems and products.

X-Press Legal Services also provides clients with regular training and CPD seminars. These provide vital overviews of industry changes and the tools available to manage them alongside the opportunity to network with peers.

“Our clients enjoy the best of both worlds,” continued Charlie. “They benefit from the knowledge that we are always just a phone call away for local expertise and advice, plus the peace of mind that every transaction is swiftly and securely processed online thanks to ICOS.”

Legal professionals are invited to register their interest now in Charlie’s next CPD event and get in touch to discover more about X-Press Legal Services. 

T: 0330 159 5335 E: CharlieA.1335@xpresslegal.uk www.xpresslegal.co.uk

All your conveyancing needs in one

X-Press Legal Services provides professional property searches and reports to the conveyancing sector through our network of offices across England and Wales. Our complete range of products and services are available through ICOS - our online ordering platform - which means we are a one-stop shop for all your conveyancing needs.

place

Call Charlie Allen at X-Press Legal Services Hampshire: 0330 159 5335 or email charliea.1335@xpresslegal.uk

16 | HAMPSHIRELEGAL ADVERTISEMENT FEATURE
RESIDENTIAL & COMMERCIAL SEARCHES CYBER
COMPLIANCE
& POST
SECURITY
PRODUCTS PRE
COMPLETION SERVICES

Take a proper break this Christmas

 It can be hard to switch off over the festive period, but it is important to take time away from work and switch off for a while.

 Here are our top tips to help your festive break be as relaxing as possible.

 Remember, you can contact LawCare on 0800 279 6888 if you need confidential, emotional support over the holidays.

The build-up to Christmas is hectic with the rush to get work finished off, the parties and the last-minute shopping. All these activities can leave us feeling stressed and tired before the festivities have even properly begun.

Many of us will take time off over Christmas but it can be very difficult to switch off, especially with hybrid working and when technology has made it so easy for us to stay connected. Here are our tips to make your break as relaxing as possible and to help you start back in the new year feeling well rested.

Prepare

Discuss your workload with colleagues; if the office is open whilst you are off find out who will be covering your work – it might be best to pass your work over to several people. Let clients know as early as possible that you are taking some time off and who they should ask for in your absence.

Set expectations

Use the last day or two before your holiday to clear the decks, put ongoing work into a holding pattern, and update clients on the progress of their matter. Let people know whether you can be contacted, and under what circumstances – don’t say you will be checking email if you don’t want to or will be unable to.

We suggest leaving your work phone and laptop in a drawer at home, so the temptation isn’t there. It’s not a break if you are mentally still in the office, and you will be better at your job if you return to work refreshed.

Checking email

If you must check email whilst on annual leave, disable email notifications so you don’t pick up your phone every few minutes,

and don’t carry your work phone around with you. You could ask a colleague to forward anything urgent to your personal email address (so you don’t need to look at all the other emails) or set certain times aside to check your inbox.

If you are going away for Christmas, remember there may not be Wi-Fi or 4G where you are going, and different time zones may make it difficult replying to emails.

Set an out of office

Set an out of office and voicemail while you are on holiday. If you are worried about an avalanche of emails on your return, ask for important emails to be resent after you get back. You could also say that you will be back a day or two later than you actually are so you have time to catch up.

Returning to work

You might want to book in something in the first week back in January to look forward to, perhaps a yoga class or lunch with a colleague. Try to focus on what you love about your job and congratulate yourself for what you achieve during those first few days back. If the post-holiday blues don’t dissipate after a few days, it might be time to think about your work life and whether it is making you unhappy. Perhaps you need to make some changes, or even look for a new role.

LawCare provides emotional support to anyone working the legal profession. Our support service offers a safe place to talk without judgement. We’re here to help, with helpline calls, emails and webchats answered in confidence by trained staff and volunteers who have first-hand experience of working in the law. We also have a network of peer supporters.

If the thought of Christmas is causing you concern and you need to talk, call our free, independent and confidential Helpline. It is open throughout the holiday period (except weekends and bank holidays). Call 0800 279 6888 or go to www.lawcare.org.uk 

HAMPSHIRELEGAL | 17 ARTICLE

Your small change makes a big change as The Solicitors’ Charity aims to raise over

£1million in 2023

The Solicitors’ Charity has existed since 1858 to help solicitors and their dependants get through tough times. It provides practical, emotional and financial support to make a positive impact on people’s lives.

As it looks forward to helping even more solicitors get back on track in the future, it is calling on legal firms to donate their unclaimed Residual Client Balances (RCBs) to help the charity reach its target of raising over £1 million in 2023.

Your firm’s small change can make a big change to solicitors who have fallen on hard times.

“Unclaimed client balances, small or large, make a big difference to the solicitors we help,” said The Solicitors’ Charity CEO Nick Gallagher. “Whether your firm has only a few pennies in a client account or a larger sum, we can use this to fund a healthier, happier and more supported profession.”

The work of The Solicitors’ Charity is praised across the profession, with an increasing number of firms signing up to support their work for people in the industry.

SAS Daniels LLP has been a regular donor for over 15 years. “The Solicitors’ Charity gives support to individuals who may not have access to this kind of help through their workplaces,” says Head of Finance, Ben Sanders.

“There are still lots of smaller practices out there that maybe don’t have the facilities to offer Employee Assistance Programmes, or similar, and it may often be difficult to turn to management for emotional help or support if financial troubles arise.”

Nick says: “The process for donating unclaimed balances is really simple and straightforward,” and the charity is on hand to help. “The best starting point for anybody who hasn’t done it before is to send us an email, give us a call or fill out the form on our website and we will talk them through the process.

“The first thing they need to consider is whether any single donation they’re making is over £500. If it is, then it needs approval from the SRA. We have all the forms for that and can talk you through these steps, which is another reason for you to get in touch with us right at the start.

“When you’re ready to donate, you can send a cheque with a cover letter, or make a payment through BACS. Please remember to include the firm’s name and we will send out the indemnity letter by return, either by email or post. It’s a very easy process, just contact us and we will guide you through it.”

The ease of process for donating is echoed by Ben Sanders at SAS Daniels. “The process is very straightforward. We used to make donations by cheque but now pay by faster payment which is much more convenient for us.”

Donating your firm’s RCBs to The Solicitors’ Charity is 100% risk-free. The charity offers complete indemnity in every case, irrespective of the amount, which means you can always claim the funds back should you ever need to.

Nick adds: “I think all firms will be very aware of unclaimed client balances because of the accounting rules, but they may not realise that they are able to donate them to The Solicitors’ Charity and that we give an absolute indemnity that they will get the money back if a client reappears in the future.”

Andrew Blatt, Founding Partner at Murdochs Law Limited, has a longstanding relationship with The Solicitors’ Charity. He says: “They’re brilliant to work with and very personable and they are in the process of going through changes to try and be even more relevant to solicitors.”

His firm specialises in solicitors’ professional discipline and regulation, including the niche area of helping firms to close. “When firms close, they often have residual balances that they just can’t identify,” he says. “Those residual balances can be anything from a few pounds to many hundreds of pounds; the only way firms can get rid of the balances is to return them to clients or give them to charity.”

Integrity is highly regarded by Andrew. “We need to work with a charity that is credible and, if a claimant made a claim in a later year, is able to make that payment: The Solicitors’ Charity fits those bills.”

Donations to the charity are responsibly and thoughtfully used to help both individuals in the profession, as well as the wider industry.

18 | HAMPSHIRELEGAL ARTICLE

Nick says: “It’s important for firms to know what we do with the money – not just that it’s secure and we offer the indemnity, but also that we invest unclaimed balances and use the income and above-inflationary growth from our investments to fund our work. This means we continue to aid solicitors in need and their dependants, either through direct grants, supporting partners such as LawCare, or by purchasing services from other partners.”

Nick hopes that the charity can extend its work in supporting people in the legal profession with the help of donations from firms. He adds: “We have a big strategy review under way at the moment to help us understand the changing needs of the profession. The more support and financial resource we have, the more we can do to help people in our profession.

“In 2021, we received £912,000 in RCBs; in 2023 I’d really like us to reach over £1 million. It will help us as we launch our new strategy and enable us to support even more solicitors.”

RCB donations from firms like yours fund targeted support for solicitors in crisis, including:

 Mental and physical wellbeing

 Financial wellbeing

 Professional wellbeing

 Money management

With the help of firms like yours, The Solicitors’ Charity can continue funding support for solicitors.

How you could make a difference to solicitors facing hard times

1. Head to https://thesolicitorscharity.org/support-our-work/ unclaimed-balances/ and contact us

2. We will contact you to organise everything

3. We hold your RCBs risk-free*

*We know how much of a challenge dealing with unclaimed balances can be for firms, balancing the requirements of accounting rules and the prospect that your client may reappear in the future. This is why we give firms a guarantee that the sums they pass on to The Solicitors’ Charity will always be refunded if they are reclaimed. 

The new legal competitive advantage

What should law firms prioritise as we move toward 2023? As new research from legal software provider Clio reveals, the answer above all else is adaptability. Ever-evolving working habits, new client expectations, and challenging market conditions mean that standing still in today’s landscape is the same as going backwards.

Clio’s brand-new Legal Trends Report shows just how profound an impact this constant change is having on law firms. It also highlights how firms can make themselves adaptable (and even antifragile) by adopting legal technology. The right solutions will allow law firms to meet both their clients’ and staff’s expectations –which will play a key role in helping law firms survive in what may be turbulent times ahead.

Why firms must adapt to lawyers’ changing working habits

The pandemic forever changed how lawyers want to work. Indeed, the 2022 Legal Trends Report shows that:

 44% of lawyers are more likely to want to work throughout the day rather than a traditional 9-to-5 schedule  45% prefer meeting clients virtually  49% of lawyers say they prefer to work from home

Client expectations also continue to change

While firms must increasingly cater to their lawyers’ working preferences (especially if they want to keep hold of top talent), client demands are also a paramount concern. The Legal Trends Report found that:

 35% of clients prefer virtual meetings, compared to 28% who prefer meeting in person  70% of consumers want the option to pay a lawyer via a payment plan  68% want to communicate with their lawyers over the weekend

The solution? Cloud-based legal software

Cloud-based legal software plays a vital role when it comes to law firm adaptability. These tools enable seamless virtual collaboration between law firm colleagues, and between lawyers and their clients. They automate administrative work – meaning no more precious hours wasted on low-value tasks. In fact, Clio’s research shows that the impact of legal software extends beyond helping lawyers fulfil their work commitments.

Lawyers using cloud-based legal software to manage their practice were:

 60% more likely to have positive relationships with their clients  44% more likely to have positive relationships with colleagues  29% more likely to be happy with their professional life

These findings are just a snippet of those contained in Clio’s in-depth 2022 Legal Trends Report, the seventh iteration of this industry-leading publication. Based on aggregated and anonymised data from tens of thousands as well as surveys of thousands of legal professionals and consumers, it highlights some of the most pressing issues facing law firms today.

Get your free copy at clio.com/uk/LTR-Hampshire 

HAMPSHIRELEGAL | 19 ARTICLE
Nick Gallagher

Time to look at the “big picture”

DISCOVERING THE EMOTIONAL BENEFITS OF FINANCIAL ADVICE

No two individuals share the same goals or ambitions. Each person is unique, with their own needs, targets and budgets. So when it comes to managing your money, building wealth, securing your future and, above all else, drawing up an effective plan for fulfilling your investment objectives, professional financial advice should be tailored to your unique specific needs.

FEELING LESS ANXIOUS

Having access to financial advice is strongly linked to feeling more secure and less anxious about money. According to the survey, around 3 in 5 people who have received financial advice report that they feel financially more secure and stable, compared with under half of those who have not received any advice.

Only 1 in 3 people who have received financial advice report feeling anxious about their household finances, compared with over 40% of those who haven’t.

FEELING MORE CONFIDENT

One of the key practical benefits of financial advice is that it gives you access to expertise on topics that are complex. This provides you with more confidence and increased peace of mind. People who have received financial advice report feeling three times more confident about their understanding of financial matters and products than those who haven’t.

For example, areas that some people find confusing concern retirement planning and understanding their life insurance and critical illness options. Among those who have not received advice, around 1 in 4 people say they would not know where to start when it comes to the different options available to them. Among those who received advice, that number is fewer than 1 in 12.

FEELING ABLE TO COPE IN A CRISIS

The COVID-19 pandemic has left many people feeling less stable in their financial situation. 35% of those who have not received financial advice report feeling anxious about their finances, while 65% see the value in being more prepared for unpredictable events in life.

Financial advice helps you prepare, plan and navigate any future shocks or crisis. And while you can experience the benefits of advice after just one meeting, it’s essential to receive ongoing advice over the long term as your situation and life goals change. This means your adviser gets to know you and

your background, and can help you adjust to whatever life has in store. Those people who have an ongoing relationship and receive regular financial advice are twice as likely to report feeling in control of their finances as people who do not. ■

S4 Financial Limited hello@s4financial.co.uk

20 | HAMPSHIRELEGAL ADVERTISEMENT FEATURE
Steven Vallery

Solicitors’ Retainers

– avoiding unwanted liabilities

It can be a temptation for firms to start work and to advise clients before having set up a proper retainer with that client. A recent case has examined the circumstances in which a solicitor might potentially incur a liability before entering into such a retainer. Fortunately the solicitor was held not have owed any duty to the client but James Robins and Ivan Roots of Womble Bond Dickinson, who are specialists in defending professional negligence claims, look at the lessons for practitioners to learn from the decision.

The facts

In the case of Miller v Irwin Mitchell LLP (2022), Mrs Miller contacted Irwin Mitchell following an accident on holiday in Turkey in May 2014 having seen a TV advertisement for their legal helpline. She spoke to a helpline advisor at Irwin Mitchell who provided some generic advice on making a personal injury claim against the travel agent and was asked by Irwin Mitchell to provide further documents so they could assess her claim. The matter then went quiet until April 2015 when the solicitors received sufficient documents to complete a conflict approval check. Some work was carried out by the firm in order to establish the viability of the claim (including seeking Counsel’s (free) advice on the travel agent’s terms and conditions but it was not until January 2016 that Mrs Miller and Irwin Mitchell entered into a Conditional Fee Agreement (CFA). In February 2016 Irwin Mitchell sent a letter of claim to the travel agent but it transpired that the travel agent had failed to inform its insurers of the claim until March 2016, despite having known of the accident since May 2014. The travel agent’s insurers declined cover and the travel agent went into administration. Subsequently Irwin Mitchell informed Mrs Miller that her case was no longer viable to pursue and they closed their file in April 2017. Unable to pursue her claim against the travel agent, Mrs Miller issued proceedings against Irwin Mitchell claiming that their negligence and breach of retainer had deprived her of a potentially valuable claim.

The decision at first instance

The central issue before the court was whether, and if so when, an express contract of retainer between Mrs Miller and the firm was formed or an implied retainer was assumed: was it in May 2014 (as contended by Mrs Miller), January 2016 (as contended by Irwin Mitchell) or another date?

HHJ Cadwallader held that no retainer had come into existence in May 2014 as the TV advert from Irwin Mitchell was at best an invitation to treat. Further, the Judge did not accept that there was an implied retainer (which only arises where there is

conduct by the parties which is consistent only with the solicitor being retained by the client) at any time. The opening of a file, recording of time and the provision of some high level generic advice about personal injury claims was not sufficient to lead to an implied retainer. His view on this may have been influenced by the fact that Irwin Mitchell wrote to Mrs Miller between May 2014 and April 2015 chasing her for documents and confirming that they had done nothing to protect her right to take legal action against the travel agent.

Ultimately the Judge held that an express retainer did not come into existence until the CFA was signed by Mrs Miller in January 2016 and it was only then that Irwin Mitchell came under a duty to inform the travel agent about the claim and to ask it to notify its insurers. For completeness, the Judge also held that the claim against Irwin Mitchell would have failed on causation grounds in any event because the travel agent’s insurance policy would not have responded to the claim.

Conclusion

The Miller case is a welcome endorsement of the principle that, generally speaking, a solicitor is not fixed with liability to a potential client until an express retainer has been agreed between the client and the solicitor.

However, the court’s decision does not alter the fact that if a solicitor gives pro-active advice to a client before the retainer is formed and the client relies on that advice to their detriment, the solicitor is still likely to be regarded as being under a duty to take reasonable care in respect of that positive advice.

In addition, care must be taken to ensure that the prospective client is made aware of the fact that formalities are required before a retainer comes into force.

It is also worth noting that Mrs Miller has been granted permission to appeal and it will be interesting to see whether the Court of Appeal takes a different view from the first instance Judge on whether an express or implied retainer had come into existence between Mrs Miller and Irwin Mitchell. 

HAMPSHIRELEGAL | 21
ARTICLE

Talent and Culture: How technology can create success for law firms in 2023

We’re residing in a time of economic uncertainty off the back of one of the biggest booms in conveyancing history. How do we come down from that high and ensure we learn from recent circumstances to ensure we’re setting ourselves up for success in the future?

For law firms, technology should be part of that plan. As we look towards a new year, we need to strategise how we can achieve our goals for the next 12 months. For many, that will involve a big review of talent acquisition and retention at a time when the industry is finding itself with a shortage of conveyancing professionals.

A firm recently mentioned in one of the sessions at the Digital Conveyancing Summit that they had found an unintentional benefit of using good technology in their law firm. It made them a sought-out employer. Candidates were coming to them because they had developed a reputation for being a forward-thinking, progressive law firm. Law firms should be considering their use of technology if they want to attract the best talent in 2023.

A firm that is quick to adopt new digital solutions fosters a culture of openness and enthusiasm. If you have people championing technology from the inside, there’s a good chance that those staff have a high level of job satisfaction. They benefit from better work/life balance – a much-needed reprieve from the unrelenting busyness of the last two years. The firm enjoys increased productivity levels, and people want to stay. It’s a big win when finding and holding onto great talent can be tricky.

Being slowed down by cumbersome processes and clunky tech isn’t going to appeal to many. It’s why law firms need to keep on top of getting behind the right technology and maximising the opportunities it presents. Many of the law firms we spoke with at the Digital Conveyancing Summit said they can’t ever imagine going back to the way things were before. A telling sign that the move to digital was the right one.

If you want to nurture a company culture that will attract and retain the best conveyancers, make sure to consider what role technology will play in your firm next year. How can you use technology to foster a workplace culture that excites existing staff and drives new candidates to you? ■

International Men’s Day 2022

New research into why men in law don’t speak up about mental health

Legal mental health charity has today released the findings of its all male focus group to understand the needs of men in law in relation to mental health support in the workplace.

The aim of the focus group, a diverse range of barristers, partners, mid-level and junior associates, in house lawyers as well as those in support roles, from across the jurisdictions, was to understand the mental health experiences of men in law, the barriers to seeking support and what needs to change to encourage more men to seek support.

Despite the increased awareness and understanding of mental health in legal workplaces, there remain significant barriers to men seeking support.

‘Men feel a palpable expectation that they should be strong, not display vulnerability, and be able to shoulder the burden of personal problems themselves without recourse to others. Working as a lawyer adds additional pressure to this sense of needing to appear perfect to the outside world. Generally, men often don’t have the emotional vocabulary to understand or express their experiences effectively and a lack of male role models in positions of responsibility in law, adds to that pressure

to remain stoic’ said Nick Bloy, Founder of Wellbeing Republic, the report author and focus group facilitator.

The charity, which offers free, confidential, emotional support to anyone working in the law including support staff and law students, has undertaken this research following an analysis of its support contacts last year, of which 35% were men. Only 25% of respondents to LawCare’s Life in the Law study last year were men.

Elizabeth Rimmer, Chief Executive of LawCare, said: “The recommendations of this report make it clear that there needs to be a joined up and concerted effort across the profession to challenge the stigma that prevents men from speaking up about their mental health and seeking support. We will continue to champion positive change and encourage more male role models to inspire men to seek help when they need it’. 

22 | HAMPSHIRELEGAL ADVERTISEMENT FEATURE

Dear Fellow Business Owner

There are likely to be a lot of pressures on you at the moment: market uncertainty, inflation and recruitment to name but a few. I appreciate that, if I say you need to think about fertility, you are likely to think that I am a barking up the wrong tree and wasting your time.

My view is that I am not. By introducing a fertility policy into your business, I believe you can improve:

■ Recruitment;

■ Retention;

■ Planning;

■ Productivity; and

■ Culture.

Fertility, or rather infertility, is an issue which is increasing. It is here to stay. For example:

■ at least 1 in 6 couples need medical help to achieve a pregnancy;

■ approximately 40% of infertility is down to female issues, 40% to male issues and 20% to male/female combined issues; and

■ a woman at age 30 has only a 20% chance of conceiving in any given month.

The introduction of fertility policies is often seen as something which belongs to the big corporates. It should not. Small and Medium Enterprises (SMEs) employ over 60% of the workforce in the UK. The issue of fertility affects us too.

In fact, I would argue it affects us even more than big corporates. If a person or their partner is going through this incredibly stressful time, they are less likely to be focused on their work meaning their output could reduce. If you are a large corporate with over 1,000 people, one person who is off their game does not have a great effect on the bottom line. If you only have 10 employees and someone is struggling to concentrate, the impact is much greater.

A fertility policy does not have to be expensive. Very small changes can make a big difference and will have little to no cost to your business. For example:

a. providing a room where a person can administer injections when going through the therapy;

b. allowing people to start late whilst they are going through the treatment so they can attend appointments;

c. providing links to guidance and support groups; and

d. being available, or finding someone who can be available to speak, to those going through fertility treatments and provide support where possible.

As a firm, we went further than this and introduced a policy which provides:

a. an interest free loan of up to £5,000 to help fund fertility treatment; and

b. additional paid time off to attend appointments.

Neither of these things are particularly costly as the loan will be repaid and the time off is likely to be made up. The employee will have to attend the appointments whether or not you give them the time off meaning that they either take their holiday or try to fit it around their working day which is inherently stressful for them.

So how does the introduction of a fertility policy help those five points I mentioned earlier:

1. Retention

Fertility treatment is stressful. Our culture stops us talking openly about it. If someone is going through treatment, they may feel isolated and events might occur (such as an office baby shower) which could make them feel marginalised. If someone starts to feel that way, they may start looking for other roles.

By creating a space where the employee can feel comfortable discussing their difficulties, a deeper bond will be created between them and you which will make it less likely that they will leave.

By offering a loan, you are tying someone in with a financial commitment which they will need to pay back over a period of time.

If you provide time off to attend appointments as well as providing flexibility in terms of working patterns during treatment, a hopeful parent is less likely to need to stop working to go through the treatment.

If you are aware of when treatments are taking place, especially implantation, you can manage workload for them.

If treatments are not successful, you can be there to provide support.

All of this is more likely to result in the mother or partner remaining with you in the short and long term.

2. Recruitment

Fertility policies are new. They help you stand out from amongst the crowd. Even those who are not likely to want to use the policy may be attracted to your business because of the policy. You will be seen as forward thinking and caring.

Recruiters tell us that our policy opens doors. It is also mentioned in interviews, on a regular basis, as a reason why people want to come to work for us. Yet take up is always likely to be relatively low as a proportion of your work population as a whole so in terms of cost, it does not add much of a burden.

3. Planning

Finding good people to cover work whilst people are on maternity and shared parental leave, can be difficult. We often find that prolonged absence with limited warning makes it hard to properly plan for a person’s absence from the business. 

HAMPSHIRELEGAL | 23 ARTICLE
Jack Gardener

By knowing that a person or their partner is going through fertility treatment, you can have conversations with them at an early stage as to what cover might be required if they are lucky enough to get pregnant. I don’t recommend putting in to place any formal plans as there is no guarantee of the fertility treatment being successful.

You are also likely to be aware as to whether the treatment has been successful and, if it has, it allows you to support the expectant mother through the early stages of pregnancy which can be very tough.

4. Productivity

If an expectant parent is worrying about the treatment they or their partner are going through, working out how to take time off without being noticed and generally feeling stressed, they are not going to be a productive member of your team. By opening up the conversation, and providing flexibility, you will hopefully allow them to take the time to focus on the treatment when they need to and then focus on work. This will increase that individual’s productivity which will help your bottom line.

5. Culture

We have found that this policy has improved our culture and shows that management think beyond the bottom line of the business.

A question I am asked is “how many people have taken up the policy?”. In my mind, this is not actually that important. By having the policy in place, we have created a culture where it is okay to discuss issues such as fertility, miscarriage and menopause. It has increased the atmosphere of a friendly, family workplace. It has earmarked us as a supportive employer and to new recruits it signposts how flexible we are prepared to be around childcare and other work/life balance arrangements. People feel valued and able to discuss a range of topics.

You may have seen that a private members bill has been introduced in Parliament which would give a statutory right for time off to attend fertility appointments. In my view, this shows that change is coming and as a business owner you can either be ahead of the curve and use it to your advantage or be dragged along in the future.

The impact of introducing this policy at Phillips Law has been incredibly positive and I would urge you to consider what you can do to help your business as well as your employees.

Please do get in touch if you would like more information. ■

Wellbeing Month with the SHJLD

JANUARY 2023 – Sponsored by College Chambers

To kick start the new year, the South Hampshire Junior Lawyers Division will be using January 2023 to focus in with our members on our mental and physical wellbeing. Each week, we will focus on different areas that affect our general wellbeing and mental health. Further details of our Wellbeing Month are below.

Wellbeing Webinar with Sandi Marshall

Thursday 12th January 2023, 1pm

In week one, we will focus in on mental health and wellbeing, starting with a webinar with Sandi Marshall. In particular, this webinar will focus in on the importance of sleep and looking at ways in which we can manage financial stress.

Hotpod Yoga class

Thursday 17th January 2023, 7pm Week two takes a look at how we can take care of our physical wellbeing and relaxation methods. We will be hosting a Hotpod Yoga Class at the Hotpod Yoga Studio in Southampton. We look forward to trying something new with our members!

Members walk and talk Meeting at Starbucks, Above Bar Street, Southampton

Thursday 26th January 2023, 6pm

To finish off in week three, we will focus in on the importance of taking time out of our busy schedules for some fresh air and social interaction! We look forward to treating our members to a warm drink and treat from Starbucks, where we well then go for a walk in the local area, catch up with each other and checking in to see how everyone is doing.

Alongside the events listed above, we will focus on posting wellbeing tips and tricks throughout the month.

If you would like to be added to our mailing list to be kept up to date on future events, you can contact us via our website or email us at committee.shjld@gmail.com ■

24 | HAMPSHIRELEGAL ARTICLE

Attracting and winning new business for legal services in the modern world

What steps are you taking to achieve growth for your firm? Are you setting bold targets to ensure that you are growing and staying ahead of your competition? In the latest whitepaper, Craig Taylor of LEAP discusses three technology strategies for attracting and winning new business.

Maximise your visibility

Use technology to your advantage while being able to facilitate the needs of your clients. Some will want to continue visiting you in person and sign documents; that’s fine, but more and more clients want to be able to choose how they communicate with you, so you need to maximise your visibility across all mediums to accommodate this.

Every law firm needs a website – it’s your shop window. It enables clients to easily see who you are, what services you provide and at what cost. Clients should be able to engage with you, download documents and make payments. The closer your website is to a ‘virtual office reception’, the better. Your website never closes and by integrating it with innovative technology systems such as your case management or CRM system, you can create valuable automation and efficiency gains.

Improved search engine optimisation (SEO) helps your site rank higher on the likes of Google and Bing, and comes as a result of changes to your website’s content, structure, key words and phrases. To enhance your website’s SEO there are guides available online that can help you, or external SEO experts you can instruct. Allocating a budget for pay per click (PPC) adverts on search engines such as Google Ads will position you in front of more prospective clients by paying when someone clicks on the advert to visit your website.

Social media can be a natural extension of your brand online; it’s one of the cheapest and most effective forms of marketing in the legal sector. Fresh posts, articles and useful content promoted on LinkedIn, Twitter, Facebook or Instagram will promote your message to a wider audience.

Facebook, for example, allows you to not only promote your business and services but to also facilitate reviews, allowing clients the opportunity to publicly comment on the service they receive. It’s important to embrace this and use it to your advantage, as many clients will find this information to make purchasing decisions. Whichever review platforms you decide to engage with, you should ensure they are clearly signposted on your website, that you proactively ask for reviews from clients, provide

constructive responses and thank people who have taken the time to leave a review.

Developing your business presence online shouldn’t replace your engagement in ‘the real world’. Conferences, seminars and events are great ways to make new contacts and to learn about your profession. Networking events are fundamental to any business, especially if you rely on local clientele, traditional referrals and word of mouth.

Deliver distinctively

Using technology needs to be a positive experience rather than a barrier. The legal practice management system you use isn’t there to replace you but to provide efficiency, increase productivity, automate processes and allow you to have more time to do the job you trained to do and provide great service to your clients.

A legal CRM ensures you have a single source of truth and a full audit trail of all your leads, referrals and enquiries. Once a lead becomes a client, there are ways of onboarding electronically, in minutes rather than days. Why send your instructions in the post when you have electronic signatures and identity verification tools at your fingertips?

Plan for success

The above will help you to attract, win and retain business. Setting targets and devising clear plans are key. Be audacious – set some big numbers and then work out how to get achieve them. Don’t simply wait for things to happen on their own, because they won’t, and don’t set single figure growth because at best, that’s what you’ll achieve. It’s much better to be ambitious and to have a glorious failure then to be cautious or give little thought to what steps you should take and how you will get there. You should always shoot for the moon, if you miss, you’ll still be amongst the stars!

There is no single thing you can do to develop your law firm and be successful but if you maximise your visibility, deliver distinctively and plan for success, you can revolutionise your practice. By engaging with technology to automate and streamline processes, create efficiencies and productivity, you will free up time to focus on these business-critical activities to ensure future success.

The above is an abridged article. The full whitepaper from LEAP can be downloaded here: https://leap.co.uk/whitepapers/ 

HAMPSHIRELEGAL | 25 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”

26 | HAMPSHIRELEGAL ADVERTISEMENT FEATURE
©
Trust
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® dogstrust.org.uk Registered charity numbers: 227523 & SC037843
Dogs
2021
P

Take me to

Australia

Win two amazing weeks Down Under with InfoTrack

G’day, InfoTrack is giving you the chance to win a once in a lifetime trip to Australia for you and a mate.

All you need to do is complete your daily legal tasks through InfoTrack. For every eCOS, Contract of Sale, Indemnity, Property Report , or AP1 performed, you’ll get an entry into the prize draw.

No hard yakka required, we’ll automatically enter you each time.

From exploring the ancient Daintree Rainforest and taking in the sights of Sydney Harbour to an arvo admiring Uluru, there’s heaps to do. And if you’re lucky enough, you might even spot a ‘roo.

For more information, visit www.infotrack.co.uk/takemetoaustralia Terms and conditions apply.

HAMPSHIRELEGAL | 27
LEAP offers cutting-edge, integrated legal technology expanding beyond traditional practice management software. Visit: leap.co.uk PracticeManagement L e gal Publishing DocumentAssembly & Management LegalAccounti n g The Legal Practice Productivity Solution

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