The Law Society Report

REPORT

The Law Society

By Beth Quinn, Key Account Manager, The Law Society

There has been much activity at Chancery Lane over the past year and we are pleased to provide updates on much of this work here.

PARTY CONFERENCES

In the Autumn, the Law Society was represented at the Labour, Conservative and Liberal Democrat party conferences. We hosted a number of events and held various meetings to make the case for our policy priorities with key political stakeholders, including the new lord chancellor, Dominic Raab MP.

Our flagship reception, held alongside the Bar Council and Society of Conservative Lawyers, concerned international issues facing the profession and how best to promote our jurisdiction as a global legal centre. This was well attended by party members, MPs and ministers. We also held a fringe panel on levelling up justice, co-hosted with the Bar Council, APPG on legal aid, and Legal Aid Practitioners Group, which saw a lively discussion on access to justice, regional disparity and the rule of law.

Law Society president I. Stephanie Boyce met with new Justice Minister James Catlidge and Security Minister Damian Hinds, leading to productive discussions on legal aid, the backlog in the courts and economic crime. Across the conference, alongside rising gas prices and the cost of living, the courts backlog was recognised as one of the major issues facing government.

Highlights from the Labour conference were hosting events alongside Shadow Lord Chancellor David Lammy, the Shadow Attorney General Lord Falconer and Shadow Solicitor General Ellie Reeves. Lammy used his speech at one of our events to endorse our call for an independent review body to set legal aid rates. The Liberal Democrat conference was held virtually and attended by our Vice President Lubna Shuja.

More information can be found at: www.lawsociety.org.uk/About-us/Join-our-Council-orcommittees/Presidents-update/promoting-england-andwales-as-a-global-legal-centre-at-party-conferences?sc_ camp=EF0D3A16FB1F40E0CE95D51522FEDBFF

REGULATION

SIF

We put out a statement last week that warned that consumers could be left high and dry if the regulator pushes ahead with the discontinuation of post six-year run off cover (PSYROC) and the closure of the Solicitors Indemnity Fund (SIF).

We made clear our concerns in the wake of the publication of the Solicitors Regulation Authority’s (SRA) consultation on the future of SIF.

As you know, SIF currently provides supplementary run-off cover for firms that have closed, ensuring ongoing protection for clients, partners and staff once their mandatory six-year run-off period has come to an end.

The SRA planned to close the SIF on 30 September in 2021, but we successfully lobbied the solicitors’ regulator to push closure back to 30 September 2022. The SRA is currently seeking views on whether its regulatory arrangements should include PYSROC and what that means for the future of SIF.

The SRA’s preferred option is not to continue with PSYROC, claiming that the costs compared to the volume and value of claims outweigh the efficiency of delivering consumer protection.

■ Solicitors want consumers to be protected and one of the things on which the profession prides itself is that it offers a service from highly trained professionals who are adequately and appropriately insured for the rare occasions something goes wrong. ■

The average successful claim from SIF is over £34,000, which is a large amount of money for most people. The consumers who will suffer employed (and employ) solicitors on the reasonable assumption they would have comprehensive protection if something went wrong.

■ Though the SRA are suggesting that this comprehensive protection is removed, they are yet to demonstrate that the removal of PSYROC will have any material impact on the cost of legal services or lead to any improvement in the market for legal services.

■ Solicitors strive to provide the best service, but they also want proper consumer protections should claims arise. It would be in the best interests of consumers and the profession alike to retain the insurance protection that SIF provides.

The Law Society will be responding to the consultation in full, following discussions with our members, and having given the matter proper consideration. We believe the SRA could benefit from any further insights that members or former members might see fit to provide.

CLIMATE

TLS Climate Change Resolution

Our Climate Change Resolution has been passed by Council and has now been published.

By way of background, the resolution is a statement, setting out our commitment to tackling the climate crisis. It also urges our solicitors to commit and act in a way which is consistent with international and national legislative targets on climate change so they may future proof their provision of legal services. The Climate Change Resolution was drafted under the guidance of the Law Society’s Climate Change Working Group assisted by our Climate Change Resources Adviser.

It is an opportunity for firms to adopt practical measures and policies to reduce the climate impact of their business and highlight what they’re doing to tackle climate change. We are encouraging firms to use our resolution to commit to taking action, and to evaluate how this will affect their daily practice.

The resolution consists of:

■ our commitment to taking action by adopting science-based targets for our own business operations, and providing the profession with guidance on how to take climate change into consideration when providing legal services (sections 1-2)

■ a call to action for law firms and solicitors (sections 3-5)

While there is no formal procedure for signing up to the resolution, we are asking that firms demonstrate their commitment to tackling climate change by sharing their support for the resolution on their website and social media. We also encourage it to be shared with colleagues, and for practices and policies to be implemented internally in line with the resolution.

You can download the Climate Change Resolution at: www.lawsociety.org.uk/topics/climate-change/creating-aclimate-conscious-approach-to-legal-practice#downloadthe-resolution

Reflecting on COP26: what were the key outcomes?

COP26 ended on Saturday 13 November after negotiations overran into the weekend.

Although the conference was unsatisfactory in delivering the action and commitments needed to reach the targets from the Paris Agreement, COP26 has raised the global ambition on climate action.

We have set out the conference's successes and shortcomings, the 10 key announcements made at COP26, and what's next for COP27 next year.

Read more at: www.lawsociety.org.uk/topics/climatechange/reflecting-on-cop26-what-were-the-key-outcomes

ACCESS TO JUSTICE

Autumn Budget

Chancellor Rishi Sunak’s autumn budget has promised additional funds for the justice system. We’re pleased that the UK government has heard our calls for much-needed investment to address the courts backlog, invest in a sustainable civil legal aid market and help the justice system recover from the COVID-19 pandemic. A few key points:

1. The MoJ will have a £3.2billion increase in its budget to £11.5 billion in 2024/25. This is equivalent to a real-terms growth rate of 3.3% per year on average over the spending review period.

2. The government has committed to better access to justice by investing more than £1 billion to increase the capacity and efficiency across the courts system; tackle the courts backlogs and help the system recover from COVID-19.

– £477m has been allocated to fund the criminal justice backlog, improve waiting times for victims of crime and reduce the Crown Court backlog from 60,000 cases to 53,000 cases by 2024/25

– £324 million has been committed to address the backlogs in the civil, family and tribunal jurisdictions, while more than £200m is aimed at completing the MoJ’s court reform programmes by 2024/25.

– This won’t solve all the problems afflicting the justice system but it’s a step in the right direction. We have long warned the civil legal aid sector is in a precarious sate and urgent action should be taken. We are encouraging the government to build on this by fully funding the recommendations of the Independent Review of Criminal Legal Aid, restoring legal aid for early legal advice and ending the legal aid deserts that now stretch across most of England and Wales.

3. More funds will be available for small and medium-sized businesses in the ‘levelling up’ agenda. The government has allocated £196m in 2024/25 for the Help to Grow Schemes which aim to enable more than 100,000 SMEs to access training tools to boost productivity and performance.

4. On homes/cladding - the government has previously committed more than £5 billion, including £3 billion over the spending review period, to remove unsafe cladding from the highest-risk buildings. This is supported by revenues raised from the new residential property developer tax. The hope is that this tax will generate £2 billion over 10 years to fund the removal and replacement of combustible cladding. However, the full cost of cladding remediation is estimated at as much as £15 billion.

– We’ve called on the government to provide additional financial support to leaseholders to help cover the costs associated with managing and rectifying the dangerous cladding on their homes.

– It’s disappointing that no new money was found in the budget to assist long leaseholders in unsafe properties.

– In addition to the financial and emotional burden on some leaseholders, the concerns about unsafe flats are impacting on flat sales in the wider property and lending markets.

5. Lastly, there is some disappointment with the economic crime levy.

– An investment of £18 million in 2022/23 and £12 million per year in 2023 to 2025 has been allocated to deliver reforms in the economic crime plan and tackling fraud. The economic crime levy was also referenced and will be used to tackle economic crime.

Our position is that we strongly oppose the imposition of the levy on principle and are disappointed the government has decided to move forward with it. The levy effectively represents a tax on the provision of legal services, undermining the competitiveness of a key British industry at a time when the sector should be championed.

Discover more about the economic crime levy at: www.lawsociety.org.uk/topics/anti-money-laundering/ economic-crime-levy and how we’re championing members’ interests.

Next steps for the Law Society will be to:

■ continue to push for greater investment in our justice system

■ actively monitor the implementation of the policies contained within the budget

■ work with members, government and parliament to shape the response to the issues affecting the justice system

Probate service update – November 2021

We recently met with HM Courts and Tribunals Service to discuss progress with the probate service since our last meeting in June. Our update covers matters of timeliness, stopped applications and upcoming changes.

You can read more about this at: www.lawsociety.org.uk/campaigns/court-reform/news/ probate-service-update-november-2021

Member safety in court and tribunal buildings

We’ve updated our guidance and best practice for member safety in court and tribunal buildings. You should continue to report any concerns around unsafe practice and escalate it until it’s properly addressed. HMCTS also continue to require all court users to wear face coverings when attending a court of tribunal building, unless exempt.

Read more at: www.lawsociety.org.uk/Topics/Coronavirus/Guides/ Coronavirus-COVID-19-best-practice-for-member-safety-incourt-and-tribunal-buildings

DIVERSITY & INCLUSION

D&I has always been a priority for the Law Society and we recognise our role in driving change for better and more equal experiences for all solicitors. Our head of D&I, Sally Brett, has outlined the Society’s plans to help build a more modern, diverse and inclusive profession over the next 12 months – with the topic being one of our core strategic themes. Sally’s article which outlines the following can be viewed in this issue’s Equality, Diversity & Inclusion section:

– Our D&I framework that will guide our approach to D&I going forward

– Our emphasis on mental health and wellbeing post-pandemic

– Our focus on socio-economic inclusivity

Joint initiative to introduce part-time training into the legal sector

A cross-firm scheme initiated by our Lawyers with Disabilities Division (LDD) is seeking to encourage more part-time qualifying opportunities to be offered as a matter of course in the legal sector.

‘Project Rise’ is supported by Aspiring Solicitors and has been created as a direct result of the findings in Legally Disabled? – The career experiences of disabled people in the legal profession.

Eversheds Sutherland and Osborne Clarke are participating in the project and have committed to offering all successful candidates the opportunity to train on a part-time basis, starting from their next recruitment intake in September 2024.

Disability History Month

The legal profession is celebrating Disability History Month (DHM) which is an annual month-long event in the UK which presents an opportunity to reflect on the challenges and inequalities faced by disabled people and celebrate their contributions and successes.

Solicitors in England and Wales are celebrating DHM by sharing the perspectives of disabled legal professionals, highlighting their experiences, achievements and challenges and raising awareness of disability rights, equality and inclusion.

Read more at: www.lawsociety.org.uk/contact-or-visit-us/press-office/ press-releases/legal-profession-celebrates-disabilityhistory-month

Listen: www.lawsociety.org.uk/campaigns/social-mobilityambassadors/ask-an-ambassador-disability-and-socialmobility

Read: www.lawsociety.org.uk/topics/blogs/hear-me-out-accessingthe-legal-profession-as-a-deaf-young-professional

Pride in the Law: An up-to-date look into LGBT+ experiences and equality in the legal profession

The Law Society has released a new report, based on findings of a survey conducted earlier this year, which shows a current look at LGBT+ equality and experiences in the legal profession from LGBT+ lawyers and their allies.

The data, both quantitative and qualitative, paints a clear picture of the positive action taking place for better inclusion within workplaces and across the sector and, equally, what is needed for more effective and personalized support.

Read the full report at: www.lawsociety.org.uk/topics/research/pride-in-thelaw-experiences-of-the-lgbt-community-within-the-legalprofession

Reasonable adjustments guidance for better disability inclusion

Securing reasonable adjustments consistently emerged as the most significant barrier for disabled people in the profession in the Legally Disabled research launched in 2020.

For that we worked with the Legally Disabled? research team and our Lawyers with Disabilities Division Committee, we’ve created guidance to help organisations better understand reasonable adjustments and how to implement them.

The guidance includes real examples from many firms and organisations showing what is possible and practical.

www.lawsociety.org.uk/topics/lawyers-with-disabilities/ easy-wins-and-action-points-for-disability-inclusion www.lawsociety.org.uk/topics/lawyers-with-disabilities/ reasonable-adjustments-in-organisations-best-practice-fordisability-inclusion

How we marked Black History Month

October marked Black History Month in the UK, which is a month-long observation and celebration of Black heritage, diversity and achievements. To mark the occasion, the Law Society released various podcasts, articles and information – all of which you can view on our website.

■ Podcast: To lift as we climb Law Society President, I. Stephanie Boyce, and Inez Brown join us for a candid and inspirational discussion on diversity, discrimination, aspirations and identities.

■ Blaze your own trail In this article Julie Condliffe explores representation and belonging in larger organisations.

■ Ethnicity pay gap: What you need to know We provide an overview of the ethnicity pay gap – what it is, why it exists and how to start reporting on it.

■ Black History Month: life in the law LawCare discuss the response from ethnic minority legal professionals to their recent Life in the Law research study.

JUDICIARY

Tax Chamber – judicial recruitment support scheme

The Tax Chamber (first tier tribunal) has recently launched a judicial recruitment support scheme to offer targeted support for those considering an application for judicial appointment as a judge within the chamber, on either a salaried or fee-paid basis. The scheme involves judicial shadowing and work experience opportunities as well as guidance on the judicial application process. You will need to have a tax background and meet the eligibility criteria (e.g. have 5 years PQE).

For more information on the scheme and to register, email: presidentsofficestax@justice.gov.uk

■ Our Solicitor Judges Division is our community for aspiring and sitting solicitor judges. Membership is free and more information can be viewed at www.lawsociety.org.uk/ topics/solicitor-judges/

■ Case studies by judges in courts, tribunals – judges and feepaid members, High Court judge or deputy High Court judge can be viewed at www.lawsociety.org.uk/career-advice/ career-development/judicial-careers/case-studies/

■ We also run a joint initiative, the Pre-Application Judicial Education Programme (PAJE), which helps lawyers from under-represented groups who are interested in becoming a judge to feel more confident about applying and to prepare for the process.

– Applications for autumn/winter 2021 are now closed but there are various online resources available (videos on becoming a judge, Q&A with judges who have led PAJE workshops, podcasts: appointments, judicial conduct, roles and structure; rule of law and separation of power).

■ Our internal lead on the judiciary (inc. judicial diversity) is our Policy Advisor Yael Levy Ariel – as she’s very happy to be put in touch with interested members so do let me know if this is something to take forward.

Judicial appointments interview training for solicitors webinar

10 February 2022, 3 March 2022 and 30 March 2022 10am – 4pm. £259+VAT.

This training webinar will focus on tailoring your submission to make a positive impact in the competency-based application and selection process. You will receive practical advice on completing the application form, incorporating your experiences and invaluable interview practice with feedback.

The speaker is Manjula Bray who has gained significant recent experience as an independent assessor with the National Assembly for Wales (public appointments) and the JAC (Judicial Appointments Commission).

Places are limited to 8 delegates per course so early booking is advised. Book your place on the Law Society website. ■