Council Member's Report

REPORT

Council Member's Report

Council Member’s Report By Alastair Logan OBE., LL.B

The following are some of the many and varied activities of the Society’s work reported and discussed by Council:

Ukraine Response: The Society has communicated with and supported legal colleagues in Ukraine, in addition to advising Government and members on the form and implementation of effective sanctions measures in respect of Russia.

Afghanistan: The President also drew attention to the situation facing judges and lawyers in Afghanistan. The Society has worked to help secure resettlement in the UK for members of the profession and their families whose safety was under threat.

Human Rights and Immigration: Most recently, there has been significant publicity around legal responses to the UK government’s agreement with Rwanda as regards asylum seekers. The President emphasised that individuals faced with removal from the UK should have access to, and legal support through, all due legal processes.

SLAPPs and reputation of the profession: Since Russia’s invasion of Ukraine in February, there has been a marked uptick in criticism of lawyers. The negative perception of the legal profession seems to have been driven by news/politics and denigration of lawyers by Boris Johnson, Priti Patel, Dominic Raab and others. The controversy about SLAPPs has raised ethical issues and there has been a response from the SRA (www.sra.org.uk/solicitors/guidance/conduct-disputes/) on this. The Society’s principled position, which has been widely circulated and communicated, remains that it is the job of solicitors to represent their clients, whoever they may be. This is how the public can be confident they live in a country that respects the Rule of Law. The Society is developing a strategy that engages positively with Government reform processes on specific issues such as SLAPPs and which supports our members. The Society will be actively engaging in further dialogue with our members and stakeholders, about the ethical challenges of operating in today’s environment.

Solicitors Indemnity Fund: Following an extensive and wellcoordinated TLS campaign in favour of retaining SIF with the support of a profession-wide levy, the SRA is now seeking to defer the closure of the SIF for a year (to the end of September 2023). The Society is engaging closely with the SRA in order to influence its deliberations on the future of SIF over the coming months.

Criminal Legal Aid: Since the Government published its response to the Independent Review of Criminal Legal Aid (CLAIR), the Society has engaged closely with MPs and Ministers to highlight our concerns about the shortfall in the Government’s proposed package for solicitors. There have been numerous press reports issued making the position of the Profession clear on this issue. The President gave evidence to the Justice Select Committee, outlining the crisis facing criminal defence practitioners and firms and calling for the Government to meet the recommendations of CLAIR. It continues to maintain pressure on this issue.

Judicial Review: The Law Society achieved a major influencing success on the Judicial Review and Courts Bill by persuading the Government to drop a statutory presumption that would have directed judges to use particular remedies in judicial review cases. This success was the culmination of nearly two years of lobbying, encompassing engagement with government officials, key parliamentarians and the Public Bill Committee as well as wide dissemination in the media.

International market access: The Society is working on trade policy in relation to Australia, the Gulf Cooperation Council, Israel, Canada, Mexico and India. A new consultation on trade with Switzerland is underway, to replace the temporary Citizens Rights Agreement and Services Mobility Agreement. The Society held a positive in-person meeting for the Legal Services working group on the UK-Nigeria Economic and Development Forum.

Global Legal Centre: The Society has held four roundtables comparing Governing Law internationally with Phillip Wood on the topics of Dispute Resolution and Restructuring, Finance: syndicated credits, international bond issues and derivatives, corporate issues: M&A and Joint Ventures, Commercial issues: sales, commodities, construction, charterparties and intellectual property licence.

Wales: The Commission on Justice in Wales, set up by the Welsh government and led by Lord Thomas of Cwmgiedd, delivered its Report and one of its priority recommendations was the creation of a Law Council of Wales to be the ‘voice for legal Wales’. The Law Society is delighted to be playing an integral role in the creation of the new Law Council of Wales. Flexible legal services apprenticeships have arrived in Wales. The new apprenticeship pathway is the result of a collaborative approach across government and the legal services sector in Wales, aimed at improving access to justice by opening up opportunities to the growing number of individuals looking for a vocational route into a career in law. Any organisation that is able to provide the necessary legal work experience is eligible to sign up.

PC Fee Consultation: The PC fee consultation has resulted in the strongest ever response. The Society thanks all who gave their views in this important exercise.

Professional Update: The Society’s new editorial approach for our weekly email, Professional Update has led to the best ever results. Approximately 20,000 more members are opening each edition, a 74% increase in April from September 2021.

Local Law Societies: A virtual townhall meeting with local law societies took place on 18 May 2022 with around 40 local law societies taking part to discuss criminal legal aid and court reform and to contribute to the practising certificate fee consultation. The President and Vice President’s programme of regional in person visits has reached over 700 members in 15 different locations across the country with talks, roundtables, receptions and meetings.

Finally, a reminder for all Solicitors:

My LS: All Solicitors are urged to verify and keep up to date their My LS account. My LS gives you access to the latest news, events, books and resources to help you excel within your practice. Whatever your location, main practice area and protected characteristics, up-to-date information on My LS will enable the Law Society to help and assist, provide information and updates and keep you informed. Make sure your voice is heard. ■