Surrey Lawyer Spring 2020

SURREY

LAWYER The Official Journal of THE SURREY LAW SOCIETY

SPRING 2020

Remote working has never been so important

Inside this issue:

■ LawCare Figures ■ Identity Fraud ■ 10 IT tips

XXXXXXXXXX

Pick ‘n’ mix Quill’s software & services legal accounts software | practice & document management software smartphone apps | form packs | court bundling | outsourced cashiering outsourced typing | outsourced payroll | plus much much more!



0161 236 2910

2 SURREY LAWYER



info@quill.co.uk

www.quill.co.uk/picknmix

Contents 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

Page 13

ADVERTISING & FEATURES EDITOR Anna Woodhams DESIGN & PRODUCTION MANAGER Lee Finney ACCOUNTS DIRECTOR Joanne Casey

2020

MEDIA No. 1709

Page 14

PUBLISHED SPRING 2020 © The Surrey Law Society Benham Publishing Ltd.

13 Remote working

has never been so important, yet easy

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 Publishing. 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 Surrey Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

05 President’s Jottings 07 CEO Report 08 Officers 09 LawCare 2019 Figures 10 SLS Legal Awards

14 Moore Blatch and

Barlow Robbins to merge

16 Identity Fraud

and Residential Conveyancing

Page 21

19 The Employment

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.

Law changes from April 2020

20 SLS Insight with

Committee Member: Karen Grimm

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

21 It’s time to fall back

COVER INFORMATION Photo from PxHere under Creative Commons CC0.

in love with the phone

Page 26

Copy Deadlines Summer Autumn Winter

14th June 2020 16th September 2020 12th December 2020

Anyone wishing to advertise in The Surrey Lawyer please contact Anna Woodhams before the copy deadline.

Email: anna@benhampublishing.com Tel: 0151 236 4141 Anyone wishing to submit editorial for publication in The Surrey Lawyer please contact Helen Opie before the copy deadline.

Email: helen.opie@surreylawsociety.org.uk Tel: 0333 577 3830

22 The Law Society Report

26 10 tips for keeping your IT network secure

38 Working from home The Surrey Lawyer Society is focussing on improving its presence on Social Media

Please follow us on Twitter On Facebook @SurreyLawSoc @surreylawsociety

and LinkedIn https://www.linkedin.com/groups/8731473

SURREY LAWYER 3

XXXXXXXXXX

Computer says ‘yes’ With our innovative smart forms, you can monitor your clients’ progress in real-time.

You know the routine, you post off the inception forms and lo and behold the client sits on them. Well, now you have the power to speed up the process. Our online smart forms mean clients can complete forms from anywhere, on any device. You can even monitor their progress and ‘politely’ nudge them along.

The entire process is fast, easy, secure and completely paperless – no printing or postage necessary. And to discover just how smooth the experience can be for you and your client, just sit tight – we’ll come to you.

After all, the experience is everything.

Get forms completed anywhere, anytime. Visit www.infotrack.co.uk/computer or call us on 0207 186 8090 to get started today.

4 SURREY LAWYER

INTRODUCTION

President’s Jottings Spring 2020

Nick Ball, President

T

his year is really flying by. Spring is upon us and it is around four months since I became President. A lot has been happening since my last jottings and I want to update you.

Meetings and conferences I have attended several meetings on behalf of the SLS. Getting out and about meeting different people and championing the work of our members has been rewarding.

First stop on my travels was Andover in January for a meeting of the Southern Area Association of Local Law Societies. It was very well attended with representatives from Berks, Bucks & Oxfordshire, Bournemouth, Dorset, Hampshire, Hertfordshire, Middlesex and the Isle of Wight Law Societies, together with several Law Society Council Members, The Law Society and the SRA. Many different subjects and issues were discussed and ideas and experiences were shared. The Law Society gave a comprehensive report, including an update on various issues from Chancery Lane and the closure of the Solicitors Indemnity Fund (SIF) to new claims after 30 September 2020. You can find out more about the closure of SIF on the SLS website. Brexit was also a topic of discussion and, with the UK having left the EU on 31 January 2020, The Law Society is continuing to encourage the use of English law and the jurisdiction of England and Wales as a world jurisdiction of choice.

In early February, I travelled to Birmingham for a County Societies Group (CSG) meeting with Chief Executive of the SRA, Paul Philip, and other members of the senior management team, at the SRA’s headquarters at The Cube. Paul set out some key messages around SRA activity, emphasising their desire for light touch engagement with solicitors and good channels of communication. He said that the SRA is working well with The Law Society and was focused on creating an environment where solicitors can be innovative and use the latest technology. The SRA has a new Chair, Anna Bradley, and was working to provide better customer care. Paul also said that the SRA has not taken any position on issues such as access to justice, rule of law and legal advice deserts, but it was considering looking at, and taking a position on, one or two of these issues each year.

I stressed to Paul that there was a need for consolidation in

the regulatory environment, given the period of continuous change over recent years. While he largely agreed with me, he emphasised that AML compliance is a key area of activity for the SRA and further change is likely to come in this area within the next few years.

For those not familiar with the CSG, it is made up of Cheshire & North Wales, Devon and Somerset, Kent, Leicestershire, Newcastle and Surrey Law Societies. The CSG meets three times a year to share ideas and practice and, where appropriate, we make shared representation to The Law Society, the SRA and other bodies. The CSG is intending to submit a response to the SRA’s latest consultation on the Compensation Fund.

It was back to Guildford on 25 February for the SLS Annual Private Client and Conveyancing Conferences at The Mandolay Hotel. Honorary Secretary, Kieran Bowe, and I chaired and it was a pleasure to do so and meet and chat with so many people. It was a new format this year and the feedback has been excellent, so thank you to everyone that attended and helped make the day a great learning experience for all.

Building stronger relationships I wrote in my last jottings about focusing my efforts on building stronger relationships with our supporters. Helen Opie and I have been working hard over the last few months to put in place formal arrangements and I am pleased to say that these are progressing really well.

A lot of the work that the SLS does and the training, development and events simply would not happen without the generous support of our patrons. We are very much looking forward to working with them more closely in the months ahead and I hope that you will also get to know them better.

Legal Awards 2020 and other events We have been keeping a close eye on developments with the coronavirus (COVID-19) pandemic and government guidance, and felt that there was no alternative but to postpone our Legal Brain of Surrey Quiz and Masterclass for COLPs event in March 2020.

Continued on next page

SURREY LAWYER 5

INTRODUCTION

Members of the County Societies Group at the SRA headquarters.

Continued from previous page We have also postponed our CPD course on the 29th April 2020 and will be reviewing the feasibility of events beyond that as the situation develops. We do, however, continue the work on our social events and courses, and will of course advise you when the new event dates are confirmed. This includes a potential roundtable discussion with the SRA about the Solicitors Qualifying Examination that we are working to try and organise with Surrey Junior Lawyers Division and other local stakeholders.

We are, for the time being, working on the basis that the SLS Legal Awards 2020 will take place. May I therefore take the opportunity to encourage everyone to nominate for this year’s Awards before the deadline of Monday, 13 April 2020. The nomination process has been simplified this year and it would be great to see nominations from large, medium and small firms because this really is an excellent opportunity for all members to showcase their talent in these very difficult times.

The COVID-19 situation is an enormously worrying time for everyone. We understand that members face uncertainty and difficult business conditions. These are exceptional circumstances and we are looking at what we can do to help and support you. We have circulated email updates to all members drawing attention to resources and information currently available. We will continue to monitor the situation closely and will look to provide further updates with guidance or information, wherever possible. ■

Nick Ball President

6 SURREY LAWYER

KEEPING YOU SAFE, SECURE AND

SUPPORTED

Net Technical Solutions has been providing IT network support to law firms in Surrey and the surrounding Home Counties for more than 20 years. In that time we have built up a strong reputation as a friendly, experienced and professional IT service provider for this industry sector.

“We greatly appreciate the superb service provided by Net Technical Solutions to date. You have sorted matters out for us where others could not. It is so refreshing.” Marveen Smith – PainSmith Solicitors.

We provide our legal clients with comprehensive, tailor-made services which include: IT Network Support Cloud Solutions Network Infrastructure Projects Voice over IP Telephony IT Security Services Bespoke Software Development To find out more about us and what we can provide, please visit: www.ntsols.com/it-support/legal-services or call us on 01252 235 235.

DELIVERING PROFESSIONAL, PROACTIVE IT SUPPORT & SERVICES 01252 235 235 sales@ntsols.com www.ntsols.com

EDITORIAL

CEO Report Spring 2020

I

can’t quite believe that I’m writing this to you in the extraordinary circumstances that we find ourselves in.

As I write this, the country is in a state of lockdown and the Coronavirus pandemic is taking its toll around the world. I know that many of you will be feeling the impact of the situation within your businesses and day to day life, and I hope that you, your families and colleagues keep safe and well during this difficult time. The Surrey Law Society is keen to support its members as much as possible and, as such, are preparing a suite of guidance and support for you to engage with, including webinars, factsheets and digital gatherings. By the time you read this, we hope that you will have received more information on what is available and found it helpful. As always, we welcome your feedback and should you need any additional support in areas we have not considered, please do get in touch and we will do all we can to assist.

As expected, the Society has taken the decision to postpone all events and courses due to take place in March and April and will review the feasibility of those scheduled in May and June over the coming weeks. Rest assured that if you had booked for one of the postponed events, your booking will be automatically transferred to the new date, when it is announced. If you are unable to attend the rescheduled date, please do let us know.

We were very sad to have had to postpone the Legal Brain of Surrey Quiz, which this year was due to be held at the Weyside Pub in Guildford and had a record-breaking number bookings, almost double our usual attendance. We are looking forward to welcoming all those who booked to attend at a future date, when it is safe to reschedule.

In other news, the Society had a very positive start to the year, holding its first Training & Development Course on the Conveyancing Quality Scheme in January and its Annual Private Client and Conveyancing Conferences in February. It was the first time that we had held both conferences concurrently, which proved extremely successful, allowing for increased networking opportunities during breaks and the chance for delegates to switch between conference strands if they had an interest in both areas of law. We had excellent presentations from a variety of experts including a combined session at the end of the day on ‘Acting for the Bank of Mum & Dad: How Does It Really Work? – Practical Tips for Conveyancing & Private Client Practitioners’. Following the event we had some excellent feedback from attendees, who considered the day ‘very worthwhile and informative’ with ‘an excellent choice of topics’.

The Society has also been working hard on formalising its partnership opportunities with sponsors, and as I reported last time, has prepared a variety of Patronage Packages to this avail. We are now delighted to announce that our 2020 Patrons are HFS Milbourne (www.hfsmilbourne.co.uk), DPS Software (www.dpssoftware.co.uk), Finders International (www.findersinternational.co.uk) and Moneypenny (www. moneypenny.com). We are thrilled to be working with such excellent companies and would like to thank them all for their invaluable support, without which, the Society would be unable

to offer the membership such a wide variety of benefits. We are certain that you will meet our patrons at a future event, but in the meantime, if you would like further information or an email introduction to any of them, please don’t hesitate to get in touch.

Looking to the future, as uncertain as it might seem, the Society is continuing to work on the SLS Awards programme for 2020. Nominations are now open and we would encourage all members to see whether they could nominate themselves, their firm or a colleague in one of the categories; you can find more information these overleaf. We have endeavoured to make the process simpler this year and members can download a nomination form for each category at www.surreylawsociety. org.uk/events/152, which we hope can be completed relatively quickly. We are very much hoping that by mid-September, the Awards evening can go ahead as planned, but wanted to reassure members that, even if we find this is not possible, we still fully intend to run the Awards programme, announcing winners at that time and engaging in as much online publicity for our shortlisted nominees and winners as possible. Then, when it is deemed safe, we will schedule a Gala Dinner, in order to celebrate the outstanding success of all our nominees and winners. We do hope that by continuing with the programme, members will find some time to celebrate the positive work with which they have been involved with and have the opportunity to promote this to the wider world later in the year.

Please do get in touch if you feel that the Society can support you in anyway during this difficult period, but, in the meantime, I hope that you are all able to stay safe and well and send you my very best wishes for the next few months. ■

Helen Opie

Chief Executive & Magazine Editor T. 0333 5773830 E. helen.opie@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety

Helen Opie (Chief Executive at Surrey Law Society)

LinkedIn SLS Group https://www.linkedin.com/groups/8731473

– PAT R O N S –

SURREY LAWYER 7

OFFICERS

KEY OFFICERS President NICK BALL TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752700 Email: Nick.Ball@twmsolicitors.com Vice President MADELEINE BERESFORD TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752742 Email: madeleine.gooding@TWMSolicitors.com Deputy Vice President MUMTAZ HUSSAIN GlobalX M: 07983 488 351 mumtaz.hussain@globalx.co Hon. Secretary KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk Hon. Treasurer VICTORIA CLARKE Stowe Family Law LLP The Bellbourne, 103 High Street, Esher, KT10 9QE Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk COMMITTEE MEMBERS VICTORIA CLARKE (Immediate Past President) Stowe Family Law LLP The Bellbourne, 103 High Street, Esher, KT10 9QE Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk

MARALYN HUTCHINSON Kagan Moss & Co 22 The Causeway, Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk KAREN GRIMM Morrisons Solicitors Prospero, 73 London Road, Redhill RH1 1LQ Tel: 01276 401 689 Email: karen.grimm@morrlaw.com GLORIA MCDERMOTT Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, Surrey KT1 1QN DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com GERARD SANDERS Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: gts@hartbrown.co.uk JAMES SCOZZI Elite Law Solicitors 1 Fetter Lane, London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk LAW SOCIETY COUNCIL MEMBERS SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

Membership details Annual Subscriptions: £98 per person, per year Corporate Subscriptions: £1,850 per year (20+ fee earners) Solicitor: £60 (not in private practice) Solicitor: £35 (not practising) Honorary Membership: Free Associate Membership: Free – no voting rights

8 SURREY LAWYER

ALASTAIR LOGAN Pound House, Skiff Lane, Wisborough Green, West Sussex RH14 DAG Email: alastairdwlogan@btinternet.com Chief Executive & Magazine Editor HELEN OPIE Surrey Law Society c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk SUB-COMMITTEES CONVEYANCING & LAND LAW Gloria McDermott Maralyn Hutchinson STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Victoria Clarke Madeleine Beresford James Scozzi SOCIAL James Scozzi Gloria McDermott Gerard Sanders Ian Wilkinson Victoria Clarke Nick Ball SURREY JUNIOR LAWYERS DIVISION Yasmin Curry (Chair) Madeleine Beresford Beth Duffy Asta Asaka Amy Cooper Celine Winham Martin Whitehorn Kate Lewis Josh Day Email: youngsurreylawyers@hotmail.com Twitter: @YSL_Live LinkedIn: linkedin.com/groups/4515609 Instagram: jld_surrey

To apply for membership please contact: Helen Opie, Chief Executive Surrey Law Society c/o Russell-Cook Solicitors Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: helen.opie@surreylawsociety.org.uk Tel: 0333 577 3830

FEATURE

LawCare 2019 Figures:

More lawyers seeking help and calls about bullying continue to rise

T

he number of legal professionals contacting the charity LawCare for emotional support continues to rise year on year, with 677 people seeking help in 2019.

The charity, which runs a helpline, webchat, email and peer support service for the legal profession received over 900 contacts in 2019 and saw an 8% rise in the number of people seeking help compared to 2018.

The most common problems cited were stress (26%) and depression (12%). The number of lawyers contacting the charity about bullying continues to increase, from 47 callers in 2018 to 80 last year – now accounting for 12% of all contacts. 66% of those who contacted LawCare about this issue said they were being bullied by a manager or superior.

The majority of callers to the helpline were women (67%). 53% of all callers were trainees/pupils, or had been qualified less than five years, and a further 5% were law students.

Elizabeth Rimmer, CEO of LawCare, said: ‘We spent 304 hours providing support on the phone last year, answering a call every 2 ½ hours. Last year also saw the launch of our new webchat service enabling us to provide support to more people. The biggest trend we’ve noticed is the number of people contacting us about bullying and harassment which is now one of the top three issues people contact us about, possibly because of a lot more attention on this issue in the media over the past couple of years. We will be undertaking more detailed research later this year to discover exactly how the culture of law is impacting on wellbeing and mental health, and we hope to use this to drive change in legal workplaces.’ ■

For support call the helpline on 0800 279 6888 in the UK and 1800 991 801 in Ireland, or for more information visit www.lawcare.org.uk or www.lawcare.ie

LawCare Impact Report 2019

SURREY LAWYER 9

EVENTS

SLS LEGAL AWARDS 2020 – Award Categories & Criteria –

NOMINATIONS ARE NOW OPEN and member firms and individuals are invited to make submissions in one of the following 10 categories before Monday 13 April 2020.

The nomination process couldn't be simpler, visit https://www.surreylawsociety.org.uk/ events/152, click on the category you would like to enter, and download the nomination form to assist you in preparing your submission. Once you’ve completed the entry, use the handy criteria checklist at the end of the document to ensure you’ve covered everything and submit this with any supporting documentation you wish to send to helen.opie@surreylawsociety.org.uk.

1. Private Client Lawyer of the Year The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

2. Property Lawyer of the Year

3. Law Firm of the Year

We will accept entries from both commercial and residential property Lawyers and landlord and tenant specialists. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

The firm must be able to show significant progress and development as a business within the last 12 months. Evidence of this can include details of growth, strategy, financial performance, employee development, training and diversity. The firm must also be able to demonstrate that it has a rounded approach to the delivery of legal services, and that it is working in the best interest of not only its clients but the profession overall.

4. Rising Star of the Year

5. Paralegal of the Year

The nominee needs to show a sizeable level of involvement within the profession and/or the area in which they practice and provide evidence of any significant obstacle/s they have overcome.

Evidence in relation to how and why the nominee has “risen” over the past 12 months is advised.

This award recognises the key role paralegals play in our justice system. The nominee will be an exceptional individual who consistently makes contributions to the legal profession whether in client care, business development, training or otherwise and who acts as an inspiration to other paralegals through their knowledge of the law, perseverance in cases, professional and personal development and superior skill set. The nominee must also demonstrate a commitment to continuing legal education.

10 SURREY LAWYER

EVENTS

The SLS Legal Awards are returning for their 3rd year and we are certain that 2020 will be the biggest and best yet.

We will be showcasing the very best of Surrey's legal talent on Thursday 17th September at The Mandolay Hotel, Guildford.

6. Support Team Member of the Year This year we are welcoming nominations from colleagues or clients for secretaries, cashiers and other support team members who support Surrey Law Society members. Nominees must demonstrate a special contribution to their organisation or to specific clients, showing dedication and commitment that goes ‘the extra mile’.

7. Lawyer of the Year The nominee must be a Lawyer who goes “above and beyond” in both his/ her colleagues’ eyes as well as those of the clients. This might be demonstrable in a specific case or work done in relation to a particular area of Law. The nominee may also have proposed and put in place a business solution that proved beneficial to the firm overall or to his/her client, or both. The nominee should also be able to show strong management and leadership skills.

8. Family Lawyer of the Year

9. Litigation Lawyer of the Year

The nominee must demonstrate excellence within the field of family law through their practice. The nominee must also show that they have provided an outstanding quality of legal service for their clients and demonstrated teamwork within their firm, with external lawyers and/or other professionals.

The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year from those who practice in any area of litigation on either the Claimant and/or Defendant side. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

10. Commercial / Corporate Lawyer of the Year

Could it be you?

The nominee must be able to demonstrate that he/ she has delivered exceptional client outcomes.

Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s. Nominees will be accepted from Lawyers working in corporate finance, private equity, banking, insolvency, Intellectual Property and other commercial disciplines.

Do you have what it takes to be our Lawyer or Law Firm of the Year? Will your firm, one of your colleagues or even you be one of our Award Winners for 2020?

GO TO SURREYLAWSOCIETY.ORG.UK FOR MORE INFORMATION

SURREY LAWYER 11

LOCAL NEWS

The Annual Private Client and Conveyancing Conferences return to the Surrey Law Society’s event programme

T

he Surrey Law Society’s Annual Private Client and Conveyancing Conferences took place this year on Tuesday 25th February at the Mandolay Hotel, Guildford.

It was the first time that the Society had held the conferences concurrently, but the arrangement worked fantastically, with over 70 participants in attendance.

The Conveyancing Conference, chaired by SLS President Nick Ball, covered key topics affecting Conveyancers including identity fraud, equity release, the improvement of the home buying process and ground rent, service charges and estate recharges. We were fortunate to have a variety of expert speakers, including Ian Quayle, Beth Rudolf, Paul Sams and Richard Snape.

SLS Honorary Secretary Kieran Bowe chaired our Private Client Conference, which had an excellent agenda covering tax planning, will drafting, mental capacity and vulnerable adults, financial tools for estate planning and trust, and the role of pensions in estate planning. Our expert speakers were John Bunker, Paul Ashwell, Abha Pandya, the Much Honorable Craig Ward of Lundie, John Hutton-Attenborough and Edward Nice.

At the end of the day, attendees from both conference strands came together for one combined session ‘Acting for the Bank of Mum and Dad – How Does It Really Work?’ Practical Tips for Conveyancing & Private Client Practitioners’ presented by Richard Snape and James Lister.

We are extremely grateful that the event was supported by three of the Society’s Patrons, HFS Milbourne, DPS Software and Finders International. ■

12 SURREY LAWYER

FEATURE

Remote working has never been more important, yet so easy

H

ow has your business coped recently? The Coronavirus outbreak has understandably had a huge impact on millions of businesses worldwide.

Thousands of people have been unable to work and workplaces across the country are having to close. Some businesses have struggled to cope with the disruption and have entered administration, but for the legal sector, luckily, there is a solution.

Remote Working Remote and agile working means that firms are relatively unaffected by disruption to being able to physically go to the office. So any disruptions to normal working, such as global pandemics, local flooding or school closures suddenly become less of an issue.

This has many other benefits to both your business and your staff.

First and foremost, your business doesn’t stop trading and losses are minimised. This in turn means that you can maintain the same levels of business and number of staff, so you won’t have to reduce the size of the business to cope with the disruption as some businesses have done with the Coronavirus crisis.

This reassures your employees over their job security, knowing that such an event won’t affect their employment status. Workers in other sectors haven’t been so lucky, with many being laid off and wondering how they are going to keep a roof over their heads. A worry your staff, thankfully, won’t have to contemplate.

But remote working has many benefits even when there isn’t a global crisis.

You’ll find staff are more productive. Having the freedom to work from home means they have more time to focus on their work and fewer interruptions.

Your business has room to grow, without the restrictions of office space and the increased overheads that come with more officebased workers.

Your staff will also enjoy a greater work-life balance as less time is spent commuting and more doing the things they want to do.

This will make them more motivated, well rested and improve mental wellbeing.

An issue here though, would be with newer members of staff, whom might not be as fully trained as other members of staff.

This will be difficult, but with appropriate technology and procedures in place, you can ensure that they are supervised and provided with the support that they need. Software such as Microsoft Teams allows staff members to collaborate more easily, meaning more junior staff can easily have their work checked by more experienced colleagues and feedback provided quickly, via a live chat or even video conferencing facility.

Another big obstacle is that many firms don’t have the right infrastructure in place to allow remote working. They simply don’t have the technology or processes in place to be able to do it.

But putting these in place has never been easier.

Sure, there are lots of considerations to be taken into account when putting these policies together, but these can be easily overcome. And the right software is even easier to implement.

With DPS Spitfire, all you have to do is launch your web browser and log in. Simple as that. Just log in from wherever you are, on whatever device and get on with your work, just as efficiently as you would in the office.

A worry here might be data and cyber security, but again, you needn’t panic. With Spitfire, you have a full electronic file, meaning no need to keep paper files which present a data security risk when left lying around. And your files are as secure as they get, making use of Microsoft’s Multi Factor Authentication and Advanced Threat Protection. On top of that, Spitfire has passed the most rigorous security tests around.

Conclusion Businesses will always face disruption. Their success will depend on how well prepared they are for it. Having the infrastructure in place to be able to sail through these difficult times will make all the difference in ensuring business continuity.

You may have suffered during the Coronavirus outbreak, so now should be the time to implement these practices. The next time you face disruption to your business, you will be better prepared and able to steer your company to success. ■

By SLS Patron, DPS Software

Having remote staff also means that you aren’t restricted to the local area when hiring staff. You can hire the best talent from around the country and have more skilled staff on your team.

So why don’t all firms work remotely?

Firms face a number of obstacles in implementing remote working, but all of these can be overcome.

One such obstacle is trust. It is imperative that you can trust your staff to be able to get on with their work unsupervised.

Placing your trust in your staff and handing over certain levels of responsibility is motivational and gives employees an onus to do their work to a greater level.

SURREY LAWYER 13

LOCAL NEWS

Ed Whittington & Helen Goatley

Moore Blatch and Barlow Robbins to merge Combination creates new Top 100 regional powerhouse with significant specialisms including private client, property and personal injury

L

eading UK law firms Moore Blatch and Barlow Robbins have agreed to merge, creating a new regional powerhouse firm with a significant geographic footprint across the South East. The merger has been approved unanimously by the two firms’ respective partnerships.

The firm combined will have offices in Southampton, Guildford, Woking and Lymington, as well as two locations in London (Richmond and the City). It will also be the sole UK legal advisor within Ecovis, an international network of more than 7,500 lawyers, accountants and consultants with capability around the globe.

Set to begin trading as Moore Barlow from 1 May, the new firm will comprise 70 partners, 272 lawyers and legal professionals, and a total staff of nearly 500 across six UK offices. Moore Barlow will have a combined turnover of almost £40 million, putting it well within the roster of the UK’s top 100 law firms.

In terms of clients, Moore Barlow will be focused primarily on meeting the needs of private individuals & families, owners and managers of fast-moving organisations and businesses, and people whose lives have been affected by serious accidents or negligence. Each of these groups require relationship-oriented legal advisors who are dedicated to helping them find the best path through complex, difficult or stressful situations, a focus and approach which will set Moore Barlow apart in the marketplace.

At the heart of the firm’s proposition will be a singular focus on people, both when it comes to clients and the firm’s 500-strong workforce across the UK.

Ed Whittington, managing partner of Moore Blatch, commented: “There is a unique opportunity to bring together the absolute best of our two organisations – both outstanding firms with deep regional roots, strong areas of specialism, and dedicated teams of exceptional talent. By combining our respective and highly complementary areas of expertise within a culture of excellence and support, we will be one of very few firms with the breadth, depth and resources to meet all the needs of our core client groups. Moving forward with a clear vision and building on a shared set of values, Moore Barlow is poised to become a national leader in our chosen fields.”

Bringing together both firms’ respective and highly complementary areas of expertise, Moore Barlow will boast some of the largest and most comprehensive teams of legal advisors in areas such as private client, clinical negligence and residential property, among others.

14 SURREY LAWYER

Helen Goatley, chairman of Barlow Robbins, added: “We feel strongly that the focus on people which lies at the heart of Moore Barlow will truly set us apart in the marketplace. For clients looking for a relationship-led service, we offer a strong commitment to achieving better outcomes for people, whether they are individuals, families, managers, leaders or entrepreneurs, and particularly those encountering opportunity, challenge or life-altering circumstances. Today’s top talent also want the right mix of a stimulating, rewarding career alongside a fulfilling work-life balance, an experience which we feel Moore Barlow will be uniquely suited to offer, and from which our clients can only benefit.” ■

LOCAL NEWS

Russell-Cooke bolsters Surrey practice with double partner hire Julie Man

LONDON: Top 100 Law firm Russell-Cooke has today announced the expansion of its Private Client and Family Law teams with the hire of two new partners, who join the firm’s office in Kingston, Surrey.

Julie Man, who joins the Private Client team, was previously a partner at law firm Mundays LLP, where, from 2013, she was Head of Private Client.

Julie brings with her almost 14 years of experience in the private client industry, including expertise in working with family estates and high net worth individuals. She also has a track record of leading a team specialised in tackling complex Wills, dealing with business owners, domicile and cross border issues for international clients, estate planning, Wills dealing with sensitive family relationships in today’s ‘modern families’, tax planning, trust creation and administration.

Julie’s experience and thorough knowledge of the private client industry has long established her as a leading practitioner of private client services. Julie is included in the 2020 Chambers legal rankings as a leading individual in the high net worth space, with her ability to demonstrate ‘valuable experience and expertise’ highlighted.

Miranda Green, who has been appointed to Russell-Cooke’s Family Team, also joins from Mundays where she was a partner and, since 2016, Head of the Family Department.

Miranda brings more than two decades of post-qualified experience in family law and is currently the only Resolution International Specialist in Surrey, and one of only fifteen in England and Wales. In this capacity, she has worked on a wide variety of complex and high-value matrimonial work, ranging from divorce proceedings including cross-border separations and cases involving multijurisdictional assets, to pre-nuptial agreements and complex children arrangements.

Miranda is ranked by Chambers UK 2020 for Family / Matrimonial law.

Both Julie and Miranda officially became partners at RussellCooke as of 2nd March 2020.

Julie and Miranda will be based in Russell-Cooke’s Surrey office, located in Kingston-Upon-Thames, further strengthening the firm’s presence in Surrey and South West London.

Miranda Green

Their arrival is a key milestone in a wider programme of investment by the firm into its Surrey practice, including a continued expansion of the team at the Kingston office, establishing a stronger and committed presence in Elmbridge (Cobham, Esher, Oxshott and surrounding areas), as well as a major remodelling of the firm’s offices.

Jonathan Thornton, managing partner at Russell-Cooke, commented: “We can think of no better lawyers to have joining the Kingston team than Julie and Miranda. They both have exceptional reputations for the standard of their client service, and the depth and range of their expertise. Their addition to the team further enhances our ability to offer the full spectrum of services required by wealthy individuals and their families who are based in the Surrey region as well as further afield. As a firm, we have a distinct heritage in South West London and Surrey and are continuing to invest in our presence in the region, to consolidate our position as the favoured destination for individuals and businesses with complex affairs requiring the very best legal advisers.”

Julie Man said: “Russell-Cooke has a deserved reputation for excellence in private client services and I am thrilled to have the opportunity to continue developing this reputation in the Kingston Office. A wellknown location of choice for domestic and internationally mobile individuals seeking to maintain access to the London economic powerhouse, we have seen a growing demand in Surrey for legal services which cater to the complex requirements of this discerning demographic and which, with the expansion of our offering in Kingston, we are ideally placed to meet.”

Miranda Green added: “I couldn’t be happier to be joining Russell-Cooke at such an exciting time, both for the firm as a whole and for the Surrey team in particular. Having been in practice in the Surrey market for a number of years, I have seen Russell-Cooke’s remarkable expansion, both in the size and expertise of the team, but also in the firm’s stature and reputation in this key market. Family law is a sensitive and deeply bespoke service, with each individual having their own personal concerns and objectives - and I am very much looking forward to working with my new colleagues to help our clients navigate and mitigate any challenges they may be facing.”

Julie Man and Miranda Green’s appointments follow the appointment of partner Neil Dryer to the Real Estate team in January 2020 and brings the total number of partners at RussellCooke to 58. ■

SURREY LAWYER 15

FEATURE

Identity Fraud and Residential Conveyancing “I never could have done what I have done without the habits of punctuality, order, and diligence, without the determination to concentrate myself on one subject at a time”.

– Charles Dickens

T

he novel David Copperfield was described by Dickens as “a very complicated weaving of truth and invention”.

This article concentrates on the risk created by a client inventing an identity for fraudulent purposes with a nod to the great Charles Dickens.

Can we assume that you have just received an email from a potential new client Mr David Copperfield in connection with the sale of 2 Victoria Parade, Broadstairs. The property is registered land and the purchase of Pegarty’s House Boat, Sea View, Great Yarmouth .

Mr Copperfield sends you an email asking you to confirm you would act. The first point to note is that you must deal with identity immediately before doing any work on the file.

The work done to verify identity must be undertaken diligently.

A cautionary tale highlights the dangers. A failure to verify the identity of a client will be serious professional misconduct.

A recently reported SDT decision reveals that the Tribunal determined that a failure to undertake client identity checks is serious professional misconduct The Tribunal considered the conduct of a solicitor who ‘failed to carry out basic documentary identification’ having ‘witnessed and processed the loan paperwork, and subsequently paid out the money out to Mr X, without any identification documents or documentary due diligence being obtained at any stage in relation to the person purporting to be Ms Y (or in relation to Mr X)’. Documentation was witnessed the documents on the basis that identity documents would be forthcoming.

The Tribunal stated “Whilst there was no personal gain … as an experienced conveyancing solicitor the respondent’s failure to undertake some of the most fundamental and basic steps that all solicitors are legally and professionally obliged to complete represented very serious misconduct.” (source SRA dated 14th February 2019).

In connection with the sale we will obtain our client’s contact details and then download the official copies of the register.

Upon downloading the official copies, they should be checked: ■ That the contact details given by Mr Copperfield match the addresses for service in the proprietorship register.

■ Mr Copperfield should advise us as to the name of his lender (where appropriate) and where there are any second or further charges on the property. The charges register should be checked to confirm the information he gave is correct.

16 SURREY LAWYER

■ The proprietorship register will reveal the name of the registered proprietor and the date of acquisition. Is this information consistent with the details on our file.

Mr Copperfield should be asked to provide us with evidence of his identity. The documentation provided should be checked. For example if a recently renewed passport is provided would you ask to see the old one? What would be the position if the utility bill was in the name of Master Davy Copperfield ? Perhaps the matter could be even more complicated when the email address is doady.copperfield@gmail.com.

Mr Copperfield should be asked to explain the discrepancies and additional identity evidence provided before any active steps are taken on the file.

There is nothing wrong with an electronic client verification but again information revealed would need to be cross checked.

The Law Society Fraud Advice Note (September 2019) emphasises it may be advisable to ask a pertinent question arising from the identity documentation submitted as an additional check. Whilst extensive detective work is probably going beyond what a reasonable conveyancer ought to do inadequate or incomplete answers should lead to further investigation and if results are unsatisfactory instructions ought to be declined.

Assuming the purchase of Pegarty’s House Boat progresses would you check Mr Copperfield’s signature on your engagement letter, contract, transfer and mortgage deed.

Would you insist on the documents being signed at your office and in your presence ? If you don’t will you check the documents and signatures?

Further if Mr Copperfield for no apparent reason began demanding an early exchange and completion would you regard this as suspicious? Case law suggests you should.

If acting for the buyer of 2 Victoria Parade, Broadstairs – Dreamvar Properties Limited v Mishcon de Reya and Mary Monson Solicitors Ltd [2016] EWHC 3316 (Ch) suggests if Mr Copperfield is a fraudster the buyer’s conveyancer will be liable for loss.

If acting for Mr Copperfield (or more accurately the person pretending to be Mr Copperfield) your firm may be held liable for all or half of the loss – Purrunsing v A’Court and Another [2016] EWHC 789 (Ch), P&P Property Limited v Owen White & Catlin [2016] EWHC 2276 (Ch).

Before we go any further forgive me in referring you to the case of Harding Homes (East Street) and others v Bircham Dyson Bell (EWCA) Ch 3329 decided in 2016 where Mrs Justice Proudman was highly critical of an experienced commercial property lawyer.

LOCAL NEWS

Mrs Justice Proudman that a solicitor for the defendant firm Bell, “plainly cut corners all the time”. She added that Mr Parker was “sloppy in dating documents” and “did not take full notes of meetings“.

In short case law highlights doing the simple things well.

Secondary issues may generate further concerns: ■ Is the client based in your area?

■ Does the client have an unusual attitude? For example are they disinterested, secretive or vague? Are they eager to undertake a quick transaction?

■ Does the client request key changes mid-way through a transaction, if so, why?

Purrunsing v A’Court and Another [2016] EWHC 789 (Ch) highlights that there may be a need to see other documentation that you might expect an owner of a property to have, even if they do not reside there. For example if a local search reveals that works have been carried out at the property or a buyer asks about such work the seller client would be expected to know about those works and about planning or building regulations.

Be wary of the client who imposes restrictions on communication. For example you are told by a client that he/she will only be available for mobile telephone calls at certain times of the day. There may be legitimate work related reason for this.

On the same point if the client provides you with a mobile phone number ask for a land line number. Where you are not meeting with the client is there a work telephone number and if you have the slightest doubt about the integrity of the client ring the work telephone number.

Dreamvar (UK)Ltd v Mishcon de Reya and Mary Monson Solicitors Ltd [2016] 3316 (Ch) drew attention to circumstances of there being a number of accumulating warning signs.

While these minor events or factors might have a satisfactory explanation or a genuine explanation, where no further enquiries were made by the conveyancer to investigate the indicators of what turned out to be an elaborate fraud the courts had and will have little or no sympathy.

Reverting to Dickens punctuality, order, and diligence, are good attributes for any conveyancer and to prevent problems and liability relating to identity fraud diligence is required ensure proper checks are undertaken at the start of the transaction and that vigilance is maintained throughout.

For further reading on this topic have a look at an article written

by Nick Taggert of Landmark Chambers – Who do you think you are kidding? – some Implications of Dreamvar? Available on the Property Litigation website. ■

Ian Quayle

The Conveyancing Information Executive launches: Setting new industry best practice standards

A

new trade body has been established in the UK conveyancing sector, its founding members Groundsure, Landmark Legal, SearchFlow and Geodesys have announced.

The purpose of the Conveyancing Information Executive (CIE) is to raise data quality and content standards, in property searches used in the UK conveyancing process.

With the conveyancing industry evolving and the growing role of technology and data, the establishment of the CIE is timed to fill the void that exists around data governance, provenance and transparency. All CIE members recognise the importance of these principles, as they are enshrined within the CIE Standards and Code of Practice.

The CIE recognises the critical role of market stakeholders and its members in delivering its purpose. Having received numerous declarations of interest already, the CIE is pleased to announce it is open for membership.

The CIE is introducing two tiers of membership – CIE MEMBER and CIE INDUSTRY PARTNER. The Directors of CIE represent market leaders providing all types of environmental, mining, local authority, and drainage and water searches. This combined experience and expertise sets a robust and comprehensive baseline to work towards progressing the CIE purpose.

The CIE welcomes membership applications from all organisations that support the UK’s conveyancing industry.

For more information, or to apply for membership, visit www.conveyinfoexec.com ■

IQ Legal Training Limited

SURREY LAWYER 17

LOCAL NEWS

Morrisons Solicitors’ growth continues with acquisition of Wheelers M

orrisons Solicitors LLP has completed the acquisition of Wheelers Solicitors, one of the largest solicitors practices in the Blackwater Valley area. This is Morrisons’ second acquisition in 12 months, following the addition of Oxted-based Harrops & Hepburn Solicitors in December 2018.

Wheelers provides expert advice and a highly personalised service to individuals and businesses in Hampshire, Surrey, Berkshire and beyond. Joint Managing Partners Mel McCrum and James Palmer, said: “We are delighted to be joining The Morrisons Group. Morrisons is one of the leading firms in the South East and joining them provides us with a solid platform upon which we can continue to grow in the region. The team at Morrisons gives our teams greater depth, allows us to provide a broader range of services to all of our clients and gives us more resources across the board, so, as we grow, we can continue to be focused on providing the same outstanding service to all our clients.”

Paul Harvey, Managing Partner of The Morrisons Group, commented: “Wheelers has been one of the leading firms in the Surrey/ Hampshire borders for many years and I am thrilled to bring them into the Morrisons Group. Wheelers is a very well-run firm at an exciting stage of its development. Mel and James’ ambitions match ours and this adds further strength and depth to our presence in the region. Following on from the acquisition of Harrops & Hepburn last December, this demonstrates our ambition and commitment to our clients across the South East.”

Morrisons Solicitors LLP will continue to trade as Wheelers, or Wheelers Solicitors, in the region from the Ash Vale, Farnborough and Fleet offices. ■

Meadows Ryan – Eighty years of serving the community W

e are very proud to celebrate our 80th anniversary this year. It was back in 1940, during the height of the Second World War, that Charlie Mason set up Mason & Co. solicitors in Surbiton and McNamara Ryan established his firm in Weybridge. In 1976, Peter Meadows, Senior Partner, founded Meadows & Co, also in Weybridge, Surrey.

Over the years the various firms have combined, along with several others to form Meadows Ryan Solicitors Ltd. A lot has changed since those days back in 1940, when people in the South East of England would have been worrying about the Battle of Britain, with Winston Churchill doing his utmost to boost the morale of the population with his inspiring speeches.

We are now a team of thirty people operating from two sites: our headquarters in Weybridge, Surrey and our recently opened second office in Mayfair, in the heart of Central London. Our busy team of specialist lawyers use the latest technology to support our clients and help them achieve their goals, building strong relationships along the way.

While much is different from life eighty years ago, certain things remain constant. We are still deeply committed to the communities where we are based. We support local charities, such as the Woking & Sam Beare Hospices and sponsor various initiatives, such as the junior section of St. George’s Hill Lawn Tennis Club and the Weybridge 10k run. We are proud of our hard-working team and grateful to our clients for their loyal support.

During the course of 2020, we will be holding various events to mark our special anniversary. If you would like to learn any more about this firm or the services that we offer businesses and individuals, please contact Piers Meadows on 01932 852 057 or piersmeadows@meadowsryan.com ■

18 SURREY LAWYER

FEATURE

The Employment Law changes from April 2020 T

he lead up to April is often a busy time of year for business owners, and their employment lawyers, as this tends to be the month when employers need to implement new legislation within their business. So, what should individuals and employers be aware of from April 2020?

Statement of Initial Particulars Employers are already obliged to provide a written Statement of Initial Particulars to employees within 2 months of their employment commencing if they will be employed for at least one month. From 6 April 2020 this obligation will be extended, and the Particulars will now need to be provided on or before employment starts and, be given to employees and workers.

Additional information also needs to be provided in excess of the current requirements.

Holiday reference period Calculating holiday pay can be difficult, particularly for atypical workers. Currently the reference period for calculating holiday pay is 12 weeks but this will be extended to 52 weeks with employers being required to disregard any weeks where the employee did not work or was not paid.

The aim is an attempt to ensure atypical workers receive the correct payment and, more importantly, encourage these workers to take their annual leave entitlement.

Changes to the IR35 rule The IR35 tax rules are aimed at reducing tax avoidance for offpayroll contractors working through personal service companies.

Changes will be implemented for medium and large size private sector businesses and the onus of whose responsibility it is to determine whether IR35 applies shifts from the intermediary (usually a personal service company) to the end user client. This was due to be implemented on 6 April 2020, however, due to the coronavirus pandemic this has been postponed until 6 April 2121.

Bereavement leave Currently there is no legal obligation on employers to provide paid time off for grieving parents; just the right for unpaid time off to deal with an emergency. This will change on 6 April 2020, and become a world’s first, when The Parental Bereavement (Leave and Pay) Act 2018 (aka ‘Jack’s Law’) comes into force. This will provide for two weeks’ paid leave for the parents upon the death of a child under 18, or a stillbirth after 24 weeks of pregnancy.

To be eligible for paid time off, parents need to have been continuously employed for 26 weeks and have average weekly earnings over the lower earning limit (£120 for the 2020/2021 period). Parents with less service will be eligible for unpaid leave.

The time off can be taken as one 2-week block or two 1-week blocks at any point during the first year after their child’s death.

derogation’ currently provides an exemption to this right if the worker is employed under a permanent employment contract with the work agency and are paid by the agency in between assignments. From 6 April 2020 the Swedish derogation no longer applies. Agencies have until 30 April 2020 to inform, in writing, workers with a Swedish derogation clause in their contract that it no longer applies.

Agency workers recruited on or after 6 April 2020 must also be provided with a ‘Key Information Document’ setting out the terms of the work they will undertake.

Taxation of termination payments Up to 5 April 2020, the charge on termination payments in excess of £30,000 is limited to income tax only. From 6 April 2020 employers will now also need to pay Class 1A national insurance contributions at 13.8% on the balance of termination payments in excess of £30,000.

General sum increases The rates for Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Maternity Allowance will all increase from £148.68 to £151.20 per week.

The rate for Statutory Sick Pay (“SSP”) will increase from £94.25 to £95.85 per week. On 11 March 2020, as part of the Budget 2020, the Government announced that the cost of SSP for coronavirus-related absences, up to 14 days, will be covered for businesses with fewer than 250 employees.

National Minimum Wage increases to: ■ £8.72 for workers aged 25 and above ■ £8.20 for 21–24-year-olds ■ £6.45 for 18–20-year-olds ■ £4.55 for under 18s, and ■ £4.15 for apprentices Tribunal compensation limits A week’s pay for calculating a basic award in unfair dismissal and for statutory redundancy purposes increases to £538.

The maximum compensatory award for unfair dismissal increases to £88,519 or one year’s gross pay depending on which is lower.

If you require any further information please do not hesitate to contact JE Solicitors at www.justemployment.com ■

Vicky Allum JE Solicitors

Agency worker opt-out (“Swedish derogation”) The Agency Worker Regulations 2010 currently entitle agency workers to receive the same pay and conditions as employees who were directly recruited once they have completed 12 weeks’ service of working in the same role. However, the ‘Swedish

SURREY LAWYER 19

INTERVIEW

SLS Insight with Committee Member

Karen Grimm What position do you hold within the SLS? Committee Member.

Why did you join the SLS Committee?

I must be honest that it never occured to me to get involved in my regional Law Society and I have only joined the committee fairly recently. I was looking for a volunteering opportunity and I attended a couple of meetings as an observer. I was impressed by the drive and committment of the committee members who generously give so much of their time and expertise to the profession and Surrey Law Society.

What do you enjoy most about being on the Committee?

Having the opportunity to help shape the future of our profession and meeting like-minded professionals.

What are you looking for in new Committee Members?

Passion, drive, dedication and a desire to make a difference as well as a sense of humour.

Why would you encourage someone to join the SLS? The committee are a great bunch of people just like you and I with a desire to give back and help shape the future of our profession.

When and why did you become interested in the law?

I must have been about 12 years old at the time growing up in a divided South Africa when I decided that I wanted a career where I could help people and make a difference in their lives.

I considered medicine but I was too squeamish and decided on law. I loved studying law at the University of Johannesburg at a time of tremendous change when Nelson Mandela was still incarcerated and the Bill of Rights was still in draft. I feel tremendously privileged to have been part of the generation who helped to shape the future of all South Africans.

What firm do you work at and what is your role there?

I am Senior Associate Solicitor in the Private Client Department at Morrisons Solicitors. I am a member of Solicitors for the Elderly and Society of Trust and Estate Practitioners. I predominantly spend my time between Camberley where I am based, Teddington and Woking.

What is a typical day for you at work?

I am not sure that I have a typical day but I am not a tumble weed in the wind of course and I try and plan my day and balance my time between meeting with Clients and supporting my team.

The one constant is that I am appointment based but I am rarely in the same office two days in a row and every client and their circumstances is unique.

What is the most enjoyable part of your role?

I enjoy every aspect of my role from meeting with clients to discuss their needs and helping them plan for their future to working with junior colleagues and mentoring them to working with my senior colleagues and supporting them.

What's been your most memorable career highlight to date?

There have been several but perhaps two which stand out most was when I wrote a letter to a school principal in Kwa Zulu

20 SURREY LAWYER

Natal which enabled a child to return to school and complete her education when she had been denied access to schooling because her mother could not afford to pay the school fees. I pointed out to the school principal that there must have been a misunderstanding because every child is guaranteed a basic level of education. The second was cancelling the registration of a registered Enduring Power of Attorney which enabled my Client who was bipolar to manage her bank account again. Small things that made a big difference in real people's lives.

What's been the hardest challenge career-wise?

I qualified as a lawyer before arriving in England with a backpack and a ÂŁ1,000 in my pocket en route to Australia. I found it emotionally challenging to start from scratch and re-qualify. I selffunded my studies and had the support of my wonderful husband and Jennifer Brewer whom I was working with at the time and who mentored me. I have still not made it to Australia.

What are the biggest challenges facing the legal profession in the next 10 years?

It is an ever changing landscape and there are so many challenges but also opportunities ahead of us from graduates trying to secure a training contract, equal pay for men and women lawyers, work-life balance to the way that we deliver our services as well as access to justice and digitalisation of legal services.

What's your favourite film?

Il postino.

What did you want to be when you grew up?

A pastry chef.

Name the 3 celebrities you most admire Mary Berry, Nelson Mandela and Michelle Obama.

If you could have dinner with anyone from history, who would it be?

Oooh. That's tricky. Sir Chris Hoy or Ben Fogle.

What's a great book you've read recently?

I am always reading several books at once and often re-read them. Michelle Obama's "Becoming" and Dr. Rangan Chatterjee's "How to change your life in just 5 minutes".

If you could be an olympic athlete, in what sport would you compete and why?

Cycling.

What do you think is the greatest invention of all time and why?

The bicycle of course. Hahaha. I have had such awesome adventures on my bicycle.

What is your favourite day of the week and why?

When my brother-in-law suffered a brain haemorrhage I realised that every day is a blessing but Sunday without a doubt is my favourite day of the week. I often have a leisurely brunch with family and friends and go for long walks in the great British countryside. â–

FEATURE

It’s time to fall back in love with the phone Bernadette Bennett, Commercial Manager – Legal at SLS Patron Moneypenny, explains why it’s a good call for organisations to focus on answering the phone – and doing it well – during unprecedented times.

O

ver recent years, we’ve seen huge investment in digitalisation. The options for communicating with legal professionals have diversified to include platforms such as Instagram, Twitter, WhatsApp and SMS. These are all key elements in a digital revolution that has put the customer service function right into the palm of a client’s hand.

During uncertain times though, it’s human nature to want to reach out for support and we instinctively return to what we know best. We want human connection and confidence we’re being listened to and understood. With a global pandemic upon us, this has never been more true.

Now more than ever, it’s vital not to lose sight of the tools that were relied upon prior to new innovations – the ones that enabled firms to become established in the first place, build solid foundations for success and develop loyal, long-lasting relationships with clients. Primarily, the telephone.

With such emphasis placed on emerging channels, it may be a surprise to learn that the phone call remains the most lucrative method of business communication. Not only that, its popularity is on the up and new research reveals that businesses receive 34%1 more enquiries by phone now than they did five years ago.

assurance and familiarity that you only get from speaking with a human being.

Also, remember that when lodging an enquiry with a firm, a caller doesn’t necessarily expect to solve their issue within the first dialogue. A conversation with someone and the reassurance that their query is being dealt with or passed onto the relevant individual is usually enough to make them feel valued and confident in the service being delivered.

Smartphone Functionality There are 51.8 million smartphone users in the UK5 and this figure is projected to grow by an additional 2 million by 2020.

Two thirds of society have become accustomed to life with a mini computer in the palm of their hands and the ubiquity of these devices is driving a phone call renaissance.

Calls convert ten times quicker than clicks and are typically much more valuable conversions6. The smartphone is also enabling customers to research firms and instantly make contact from the same device. Google reports that 70%7 of mobile searchers use the click-to-call function to make enquiries when they would have previously used an enquiry form online, which is having a direct impact on sales.

As COVID-19 continues to spread and society finds itself in a lockdown situation, the phone takes on an even more critical role. It provides a lifeline for people that have been left feeling panicked and in need of reassurance. Those firms that engage with clients and stand shoulder to shoulder with them now will be remembered for it.

There are several drivers behind the exponential growth in telephone communication, all of which demonstrate exactly why it should continue to be considered as a firms’ fundamental secret weapon – especially at present.

By ensuring it’s easy for clients to get in touch by phone – and delivering a quality experience when they do – firms can convert leads, uphold reputation and maximise client relations.

Urgency The main reason for consumers reaching for the phone in favour of other channels when contacting a firm is the requirement for a quick response. People are time-poor and aside from faceto-face interaction, the phone is the next best thing for those seeking instant gratification.

Bernadette Bennett

Moneypenny handles more than 2 million legal calls and live chats each year for more than 1,000 legal firms in the UK, including 60 of the Top 200. www.moneypenny.com/uk/legal-answering-services ■

Commercial Manager – Legal Moneypenny Moneypenny Censuswide survey 2019 From Moneypenny research which can be viewed at www.moneypenny.com/uk/news/small-business-callreport-2016/ 3 Moneypenny Censuswide survey 2019 4 Moneypenny Censuswide survey 2019 5 Statista Telecommunications Report 6 Invoca, Why the PPC Spotlight Is On Phone Calls 7 Google, The Role of Click to Call in the Path to Purchase 1 2

This also explains why 69%2 of callers who reach a voicemail just hang up, validating the requirement for lawyers to not only consider the service they provide when answering the phone, but also what occurs when they don’t. Outsourced telephone answering services provide firms with overflow support or outof-hours’ resource and the peace of mind that no caller will go unanswered and potentially into the hands of a competitor.

The Human Element Society has adapted to digital communication but there’s no replacement for human interaction. The introduction of alternative methods has simply rendered ‘real life’ conversation even more valuable. 40%3 of businesses say that in an online world, their clients seek the comfort of speaking to someone and 31%4 believe that consumers don’t trust websites. A phone call offers

SURREY LAWYER 21

REPORTS

The Law Society Report T

he start of the year has been busy as we continue to promote, support and represent the solicitor profession. In this issue of the Surrey Lawyer, I would like to focus on the important work the Society has, and continues to, undertake in order to improve our criminal justice system.

In recent years complaints about the state of the criminal justice system in England and Wales have become ever louder.

From the explosive work of the Secret Barrister to the Justice Select Committee, there seems to be consensus that due to many years of underinvestment our criminal justice system is crumbling.1,2

Our justice system (including the judiciary and the court system) is admired around the world. At its core, our justice system is underpinned by the notion that people are innocent until proven guilty, yet people’s lives can be ruined before their case even reaches trial. Innocent people may be held on remand far longer than necessary because of inefficiencies in the system, resulting in crippling debts; victims and witnesses of crime are also suffering due to the avoidable inconvenience, cost and stress and worse still, problems with the disclosure of relevant documentation mean that innocent defendants risk being wrongly prosecuted, or even convicted. This was highlighted in our video, ‘Peter’s journey through our broken criminal justice system’3 – which has now been viewed over 11,000 times.

It was out of these concerns that the Law Society’s criminal justice campaign was born in 2019.4 The campaign calls for more investment in the system and the implementation of key reforms to ensure the system does not fall apart. We’re also calling on government to address the problems by adopting our policy recommendations on criminal justice.5

system. There is also evidence that there are people being released under investigation who may be a risk to victims of crime and to the public in general, rather than being put on bail as would be more appropriate. This particularly impacts on victims, who may be targeted again by the same perpetrator. We produced analysis which resulted in extensive press coverage, including in the Daily Mail; the Express and the Guardian.

Largely as a result of persistent lobbying by the Law Society and other practitioner groups, the Ministry of Justice (MoJ) embarked in March 2019 on a root and branch review of criminal legal aid (‘the Review’). The review covers all aspects of the various criminal legal aid schemes, from the police station to the Crown Court, and it is hoped will at least go some way to addressing the current crisis in Criminal Legal Aid. The Society, the Bar Council, CBA and the other main crime practitioner representative groups are engaged with the review and we have representatives on each of the groups feeding into the Review.

If you would like further information on any of the activities mentioned above, or on any other areas of interest, please do not hesitate in contacting me. ■

Beth Quinn

Relationship Management Executive London, South East The Law Society E. beth.quinn@lawsociety.org.uk @LSLondonandSE The Secret Barrister, https://thesecretbarrister.com/ Publications – Parliament, Criminal Legal Aid, https://publications.parliament.uk/pa/cm201719/cmselect /cmjust/1069/106903.htm 3 Peter’s journey through the criminal justice system https://youtu.be/xuTBXvcuMds 4 The Law Society, Criminal Justice campaign, https://www.lawsociety.org.uk/policy-campaigns/ campaigns/criminal-justice/ 5 The Law Society, Justice on trial 2019: Fixing our criminal justice system report, https://www.lawsociety.org.uk/supportservices/research-trends/documents/justice-on-trialjune-2019/ 6 T he Law Society, Criminal Duty Solicitors: A Looming Crisis (Heat Map) https://www.lawsociety.org.uk/policycampaigns/campaigns/criminal-lawyers/ 1

More resource is desperately needed across the system to address these issues, not least in relation to criminal legal aid fees. Criminal legal aid lawyers ensure that anyone accused of wrongdoing has a fair trial. A stable pipeline of defence lawyers is essential to ensure that justice is served both now and in the future; yet rates for criminal legal aid work are now so low young lawyers no longer see a viable career in this specialism.

We researched this issue and published an interactive ‘Heat Map’ that illustrates the impending crisis among duty solicitors.6 The map shows that the mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and some counties have no lawyers under 35 whatsoever doing this work.

As part of the campaign, we called for a limitation on the increasing use of ‘released under investigation’. Released under investigation (RUI) is frequently used by the police instead of bail, but unlike bail it has no time limits or conditions. This can leave the accused and victims in limbo, without updates on their case for an unlimited amount of time and serves to increase delays to cases being processed through the criminal justice

22 SURREY LAWYER

2

REPORTS

Council Member’s Report S

o much has been going on that it would take a very long time to keep you up to date. The Law Society (TLS) published the results of the largest ever legal needs survey at the end of January. Over 28,000 people took part and the survey covered 34 different legal issues. 64% of the respondents had experienced a legal problem in the last four years including 53% who faced a contentious problem. 85% of people who got legal help were satisfied with the service they received from their professional adviser with people who receive services from solicitors being most satisfied. However, TLS also analysed unmet legal need and has produced robust information challenging the Government on legal aid deserts, remand under investigation, court closures and extended waiting times for trial.

TLS has also been pressing the government with regard to increased funding for Access to Justice. A three-year spending review is expected next year and, with a budget imminent, discussions on funding the justice system continue. Discussions continue with the MoJ on the criminal legal aid review and we are highlighting the impact of the current underfunding and the loss of firms and practitioners. Championed by TLS, the Bar Council and CILEx, Justice Week, which took place in February, aimed to boost the profile of justice and the rule of law, placing them at the centre stage of public and political debate. If you are passionate about increasing access to justice and want to help

those of our colleagues practising in the field of criminal, housing and social care law the profession needs you. There remains much to be done.

The Law Society has been running a Solicitors Brand Campaign to promote the profession as honest and honourable, approachable and accessible, experts in their field, client focused, delivering value for money and adding value to society.

Work has continued on the new website for members. A new simpler My Law Society (MyLS) registration process will be at the heart to personalise the content that the site will give to members. It is expected that the new website will become live before the summer.

I am reluctantly obliged to resign my seat because my wife’s health now requires my full-time care and attention. I sincerely hope that a replacement can be found. The profession is facing enormous challenges, some less immediate than others, but all requiring careful consideration. The decisions taken on the issues we face will affect the profession for many years to come.

I am sure that we can find from amongst our numbers those who want to share in meeting the challenges ahead. ■

Alastair Logan OBE

Surrey Junior Law Division Report A

t Surrey Junior Lawyers Division (formerly Young Surrey Lawyers), time has flown since our Christmas Quiz as we organise more events.

We started 2020 by rebranding from Young Surrey Lawyers to Surrey Junior Lawyers Division, launching our new logo at the Surrey JLD New Year Party in Guildford’s Cosy Club. The event was sponsored by Chadwick Nott and we took the opportunity to promote LawCare along with the Junior Lawyers Division’s Healthy Drinking Campaign.

On 18th March, we heard LawCare’s Ann Charlton speak at TWM Solicitors in Guildford on managing wellbeing and finding a work-life balance, with helpful tips on making our stressful jobs more sustainable. Ann’s talk inspired us to organise the first of our coffee and catchup sessions at Guildford’s

Caffè Nero on Wednesday 8th April at 6-7 pm. These are free drop-in sessions to recharge and chat about the legal profession.

On 30th April we are to hear sponsor Chadwick Nott provide insight into the newly qualified (NQ) jobs markets for trainee and NQ solicitors mulling over their options. This event is to take place at Stevens & Bolton’s offices at 6:30pm.

We are also looking for junior lawyers to join our team at the 2020 Guildford Legal Walk on 6th July. Whether or not your firm is participating, this is a prime opportunity to get to know each other while raising money for free legal advice in Surrey. All you need to do to join our team is ask or send us an email.

Want to hear more about our events? Subscribe to our emails by sending one to surreyjuniorlawyersdivision@gmail.com ■

SURREY LAWYER 23

XXXXXXXXXX

Children and young people services

Awards 2017, 2018, 2019

WINNER Private hospital group of the year

At a multi-award winning hospital At Nuffield Health Guildford Hospital you can skip the waiting list and get treatment faster.

Children bring their parents boundless happiness – but they also bring endless worry.

Keeping them happy and wanting to give them the best start in life becomes so important. With work demands, school and family life keeping today’s parents so busy, we know the importance of fast access to expert healthcare and medical advice when your children become ill.

Fast access to expert healthcare: We also understand that if your child is ill this can be a very worrying time for the whole family therefore fast access to expert help is very important.

At Nuffield Health Guildford Hospital parents can access our specialist consultants, normally within 48 hours,* along with our comprehensive range of test and diagnostic services.

Nuffield Health Guildford Hospital offers a wide variety of children’s services, including day case surgery, pre-assessment appointments, overnight stays where required and paediatric outpatient consultations. Working alongside the nursing team, we have a number of paediatric consultants who can perform surgery on children aged 3-16 years and see children of all ages in outpatient clinics.

We cover a range of specialties including: ◆ General surgery ◆ Dermatology

◆ Ophthalmology ◆ Oral and maxillofacial

◆ Dietary ◆ Gynaecology

◆ Ear, nose and throat ◆ Orthopaedics.

◆ Allergy

To find out more, call 01483 342761 email guildford.enquiries@nuffieldhealth.com visit nuffieldhealth.com/hospitals/guildford

*Time frames indicated may vary depending on choice of consultant, type of diagnostic investigation, and procedure package. A referral may be required before a consultation or diagnostics.

24 SURREY LAWYER

WELL-BEING

Compassionate Care Continues at Princess Alice Hospice A

midst the unprecedented crisis which the UK is facing as a result of the coronavirus outbreak, Princess Alice Hospice is resolute in its aim to carry on providing outstanding end of life care across a large part of Surrey.

Despite the crushing blow of closure of its entire retail chain, and cancellation of fundraising events, the Hospice has launched Compassionate Care Continues – both a pledge to patients and staff and an appeal for support.

Deputy Medical Director at Princess Alice Hospice, Dr Jennifer Todd, said: “These really are extremely difficult times. In all my years as a doctor, I’ve experienced nothing like it. Every day, I see my colleagues go above and beyond, to provide the best possible care they can to every single one of our patients, whether at the Hospice or in their homes.

“But, as each day passes, the challenges we face are growing.

These include a huge increase in patient referrals – which shot up by 47% during March.

Dr Todd said: “Most worryingly, we face losing 25% of our fundraising and retail income this financial year – as we’ve been forced to close our high street shops and cancel all fundraising events planned for the next few months.”

The coronavirus crisis has knock-on effects such as triggering a growing need for additional emotional and practical support – as many of the Hospice’s patients, who themselves are unwell, face the added trauma of having to self-isolate from the support of their immediate families.

The Hospice is also under pressure by greater demand for its bereavement services – especially as families deal with the loss of loved ones and face the heart-breaking prospect of social distancing at funerals.

The launch of the Hospice’s Compassionate Care Continues Appeal to supporters, volunteers and the public – outlined what every donation can help to provide.

This includes: £65 could pay for an hour of vital support and advice for seven patients and their carers, using Zoom video software to communicate with them in their homes. £100 could pay for 40 tubs of alcohol wipes, to prevent infection at the Hospice itself. £265 could pay for 40 protective gowns and 40 boxes of gloves – enabling staff at the Hospice to continue to care for patients.

Dr Todd added: “My colleagues and I have already been working all the hours we can, frequently 12-hour shifts on consecutive days with limited time to rest in between. Many of us have changed their plans at short notice, to ensure we always have cover when their colleagues need to self-isolate.

“And let’s not forget that every hour they give doesn’t just help our patients. They’re also doing a wonderful job reducing the burden on local NHS hospitals, who are struggling to cope with the number of people who need their care.

“But to keep going – to keep providing the exceptional care Princess Alice Hospice is renowned for – we urgently need your help. That’s why we’ve launched this important appeal, to raise funds to support our staff and get us through this difficult time.”

Anyone wishing to support the appeal can visit: www.pah.org. uk/how-you-can-help/help-us-from-a-distance/ where there are suggestions on how to make a donation, or fundraise in other ways like joining the Hospice lottery, or giving as you shop online.

The donation page is: www.pah.org.uk/ccc ■

Jennifer Todd

Deputy Medical Director Princess Alice Hospice

SURREY LAWYER 25

INFORMATION TECHNOLOGY

10

With several mainstream Microsoft products reaching ‘End of Life’ in January 2020, there has never been a better time to evaluate your IT network security, says Ben Stupples, Commercial Director of Farnham-based Net Technical Solutions.

O

n 14th January 2020 several Microsoft products reached End of Life, meaning they are far more exposed to cybercrime and malicious activity. This, coupled with the dramatic increase in home working due to the Coronavirus pandemic, means there has never been a better time to evaluate your network security.

Here are 10 useful tips to help protect your business-critical data.

1. Keep software up to date If you are using Windows 7, Windows Small Business Server 2011, Server 2008 or Exchange 2010 within your business then you need to make an urgent plan to upgrade. Microsoft no longer support these Operating Systems and there will be no further security updates or patches automatically released. Office 2010, also goes End of Life in October 2020 and after that date Outlook will no longer connect to Office 365 for emails. Hackers will be looking to exploit any insecurities and weaknesses in your software, and an out of date operating system is a big red flag!

2. Deploy a robust firewall Avoid routers with built-in firewalls and instead spend a little extra money on a full firewall with built in UTM (Unified Threat Management) to provide additional virus scanning, content filtering and intrusion prevention/detection.

3. Choose a strong anti-virus With so many AV products on the market it’s difficult to know which provides the best protection. Visit av-comparatives.org and look at their quarterly independent Real-World Business Security tests. These tests measure not only the protection rate of all the major vendors but also false alarms where genuine traffic is blocked in error. Make sure you check out previous reviews for a balanced comparison.

4. Use a mail filtering service Filtering unwanted messages from your organisation’s inbound email is one of the most important things you can do to fight against cybercrime. If a bad email is prevented from accessing your network then it can’t do a great deal of damage. The filtering service built into Office 365 isn’t particularly strong, so consider using an independent service from a reputable vendor.

Office 365 users should also consider activating ATP (Advanced Threat Protection) which provides malicious link scanning and attachment sandboxing.

5. Implement a strong password policy Having separate passwords for all your different applications may be a pain but it’s better to be safe than sorry. Hackers have been stealing passwords for years because people make it so

26 SURREY LAWYER

tips for keeping your IT network secure

simple by using them on multiple accounts and choosing easy to guess codes. Strong passwords should include a combination of uppercase, lowercase, numbers and special characters. If you have a server then your password policy can easily be enforced across the whole organisation.

6. Consider MFA (Multi-Factor Authentication) MFA works by requiring more than one method of authentication to verify the user’s identity, such as a banking app requiring text or pin number verification in addition to just the password.

MFA can be used in many scenarios such as logging onto your domain, connecting to a VPN or simply accessing emails. Office 365 has MFA built in for free allowing you to secure each of your devices with a one-time authentication process.

7. Review shared file and folder permissions Threats such as ransomware can spread through an organisation like wildfire and one click on a bad link can infect the whole network. Ensuring your staff have permissions to only access the network areas they need can limit the spread of this malware, reducing downtime and data loss.

8. Ensure multiple forms of data backup are in place Relying on a single form of backup is risky. What if the data is corrupted or compromised? What if the restoration fails? It’s always best to have multiple forms of backup, including at least one local method such as tape or removable drive, along with a secure Cloud backup. Alternatively, products such as Datto combine these into a single solution with local device encrypting data and replicating in real-time to the Cloud, providing full business continuity and DR. 9. Create a culture of awareness Most data breaches are caused by unsuspecting staff clicking on links in emails, opening malicious attachments or falling victim to scams. Prioritising IT education in your organisation is vital. IT security should be an agenda item for all regular staff meetings and it’s worth considering Internet Security and Phishing Awareness training for your employees.

10. Develop a multi-layered approach to IT security There is no single ‘magic box’ solution to deal with cybersecurity and no combination of services is guaranteed to offer 100% protection. However, by developing a structured and layered approach, you can mitigate the threat of cybercrime and ensure that if the worst happens, you are able to recover quickly. ■

Ben Stupples, Net Technical Solutions If you would like further advice on your IT security or any IT network services, please contact Ben directly on 01252 235 255 or ben.stupples@ntsols.com

SOFTWARE

Staff retention in the era of the Millennial Millennials comprise around half of today’s workforce and are set to takeover 75 percent of the global workforce by 2025. A generation often mislabelled as entitled are simply different than the generations past. In order to retain millennial talent in an unpredictable economic climate, businesses need to focus on what employees expect from their careers. What I can tell you is, it isn’t all about ping pong tables, bean bags and free drinks on a Friday.

A

recent study from Gallup suggests a staggering 87 percent of employees worldwide are disengaged in the workplace. That translates into an ineffective workforce with reduced productivity, increased sick leave and general negativity.

However, there is good news! It isn’t too late to ensure we’re set up for the future.

First, we must recognise what expectations millennials have of their careers. For many, it is purpose, fulfilment and the appropriate tools to complete that work. As digital natives they have grown with technologisation of the modern world. Born in the 80’s and 90’s, they watched televisions and radios switch from analogue to digital, cassettes transform into CD’s and then streaming services, and personal computers became a part of everyday life. Taking this rapid uptake of tech in their stride, they understand the value of the right tools at home and in the workplace.

While addressing purpose and fulfilment will come from a cultural shift and a shared understanding of the ‘why’, technology still seems to be a sticking point. 67% of millennials said it was the biggest source of intergenerational conflict in the workplace,

according to research from Robert Walters. When staff, regardless of age, are bogged down by arduous administrative processes, they can struggle to find purpose in their work.

Especially those who have studied to specialise in law, who are spending their days saving, uploading, printing and posting documents. They demand automated processes using the right technology to free up time to practise their chosen career more efficiently and rewardingly.

The reality is, implementing this sort of valuable technology into your business model not only aids staff retention and satisfaction, but also provides rewarding customer experiences – more home movers than ever are millennials and expect the tech to match – as well as increased profitability and productivity. Embracing the evolution of workplace technology will not only keep you in stride with your employees, but also your customers. ■

Adam Bullion

General Manager of Marketing InfoTrack

Live Chat for solicitors

But what’s the best way to manage it? Live Chat can be powered in 3 different ways:

– How to talk to prospects visiting your website in real time, win more instructions and grow your practice whilst working from home (even during a pandemic)

1. Via Artificial intelligence (AI) Something called a ‘chatbot’ can reply to your client’s questions using pre-programmed answers.

2. Via a 3rd party Another company or person outside of your practice can reply to your chat requests and pass on any information.

3. DIY / manage it in-house A trusted member of your team can manage your chat requests and start building an authentic relationship instantly.

R

esults from recent studies have hailed Live Chat as the most popular form of digital contact. With 46% of potential clients preferring to speak via Live Chat over sending an email or speaking on social media.

If you’re not using Live Chat, you are missing out on regular opportunities to win more instructions via your website. As an effective way to speak to prospects remotely too, this tool could also help you to grow your practice, even when your office is closed due to COVID-19.

What is Live Chat? It’s the little box that pops up on a website with an instant message from someone asking if they can help. The reason why Live Chat is such a powerful tool is that you can provide prospects with instant support and answers while they browse your site. To put it simply, the quicker your response times are, the more likely you are to secure their instruction. Especially in a time where people expect answers fast. With your office being shut due to COVID-19, it’s also a fantastic way to build relationships with prospects remotely. Live Chat means you’ll always be in the right place, at the right time. Which is why you should consider using it.

I advise managing your chat requests in-house because no-one else can do a better job of securing instructions than you or your team. I created Law Firm Leads to help solicitors convert more ‘website traffic’ into instructions.

We do this by combining the following 3 tools into one, very affordable monthly package: – Data Capture System (using educational guides to capture your prospect’s data) – Live Chat – Heat mapping / visitor recording If you’d like to learn more about Live Chat and how we have been helping other solicitors get new instructions, please visit our website and arrange a time for us to have a chat: https://www.lawfirmleads.co.uk ■

SURREY LAWYER 27

SOFTWARE

Why should a customer care if a software supplier is independent or not?

S

ome legal software suppliers are backed by finance supplied by venture capitalists. VCs provide investment in the expectation of a handsome return; they are the ‘masters’ at the end of the day. This means a supplier can be conflicted at times between what is best for the customer and what is needed by the investors.

Insight Legal is wholly independent and owned by Directors who are working day-to-day in the business. The Directors agreed a ‘Day1’ set of values creating a culture that customers and employees can judge them by. These are: Proudly independent. Decisions are made based on what is right for the customer.

Honesty. No tricks, no hidden conditions or nasty surprises. When a contract ends, access is provided to the full practice database.

Competitive. Solicitors have a choice of legal software provider. The best will be agile and able to meet the changing requirements of customers quickly.

Expertise. The Directors have nearly 100 years legal sector experience between them.

Customer focused. Product development is shaped largely by feedback from customers.

Friendly. Support is at the heart of the business and a rapport 190x136mm Customer Centric 03/03/2020 12:09 Page 1

28 SURREY LAWYER

between the support team and customers is encouraged.

It is people who make the real difference Values are worthless unless people in the business live up to them. The Insight Legal Directors drew up the values and both protect and promote them. The Directors also drive strategy which means that the direction of the business and how to get there is in the hands of the same people. The values play out in various ways including: Support – The team is encouraged to get to know every customer they speak to, rather than moving to the next call, just to meet a quota.

Marketing – Marketing revolves around thought leadership and independent endorsements. Articles are written for Practice Managers / Managing Partners. Insight Legal has become a Law Society Strategic Partner for practice management systems.

Sales – Prices aren’t set artificially high, just to bring them down to secure a sale. The service is based on a subscription model; customers pay and stay for as long as they want.

Summary Successful independent businesses share similar core characteristics. These are: ■ Collegiate values that staff and customers can buy into.

■ An interest in customers and being able to respond quickly to their changing needs and priorities.

■ An attitude of continuous improvement and investment back into the business.

Brian Welsh CEO at Insight Legal

SOFTWARE

Taking software integration from zero to hero When it comes to software, attempting to be ‘all things to everyone’ is a naïve goal necessitating a never-ending journey. You’re going to have a number of software applications, from business intelligence and case management to document management and legal accounting, plus everything in between.

Central to any law firm is, of course, your clients and matters: ■ It’s your clients you need to undertake checks for money laundering ■ It’s your clients for whom you need to complete statutory forms and e-submissions ■ It’s your clients for whom you need to present evidence for court ■ It’s your clients with whom and about whom you need to correspond ■ It’s your clients you need to service as best you can At Quill, we focus software development on integration relating to managing clients and matters. With our complete practice management software, pick ‘n’ mix solutions and third-party integrators, you get the right systems for optimum client and matter management. Whether you select Quill-only or Quill-and-other-suppliers, it’s best-of-breed IT with full and seamless integration.

Compared to running standalone systems with data stored disparately, integration streamlines processes, enhances efficiencies, simplifies administration, reduces costs, provides analytical insights, strengthens security, improves collaboration and more. These benefits add up to superior customer service provision. Happy clients who bring repeat instructions and recommend your legal services to others are good for business.

Let’s take a moment to think how you do your daily work. Your desktop is central, right? The majority of us begin, return to and end the working day on our desktop. It’s the central area behind the windows in our graphical user interface where we host shortcuts to our most-used systems and documents.

That’s why we’ve made integration with the desktop environment the focus of recent software development efforts. Integration between your desktop and our Interactive application keeps getting cleverer.

You can easily hop between a client’s matter in Interactive and Word or Outlook, and vice versa. With our new qSync application, you can send any documentation from your desktop to Interactive’s Document Hub with a right click allowing you to save the correct documents against the correct matter ready for reviewing or bundling (more on this later!) on another day.

Essentially, qSync empowers local working and global sharing.

To all intents and purposes, you work locally on your desktop.

In actuality, your desktop’s connected to the cloud so you work collaboratively as a team.

We also cater for the trend of spending each day working in Microsoft Word and Outlook with our MS Office add-ins. Add-ins create deep integration between your Microsoft systems and Interactive database and matter files, affording productivity enhancing features such as auto-detected-and-stored caserelated emails, auto-saved documentation and appointment calendaring. A comprehensive library of all Word-and-Outlook-

generated correspondence is then readily accessible from your Document Hub. On the subject of correspondence, Interactive Forms is our latest integration addition. Comprising an extensive catalogue of legal forms, you sign in singly to Interactive, edit popular and template forms from the customisable control panel, enter data once which is populated from your database to merge fields, and assign part or fully completed forms to the relevant matter in your Document Hub. There’s a whole lot more to Interactive Forms than this, not least e-submissions to government agencies, document bundling for court packs, and sharing of forms with clients, peers and counsel.

Even better, choose outsourced typing for dictation via our Type App with typed-up forms saved straight back into your Document Hub. The bonus being that our pay-as-you-go outsourcing model can lead to 40% overheads reduction compared to in-house costs and you’ve got more time for servicing clients.

Taking into account the growing demand for remote working, due to court attendance and other off-site commitments, Interactive has its own smartphone app. This is another example of smooth integration in play. With an internet connection and using the same secure log-in, you can perform all manner of tasks to progress matters on the go. Functionality has pretty much the same capabilities as the standard version of Interactive.

At the outset of this client-centric activity is the requirement to execute due diligence with anti-money laundering and credit checks. Doing so ensures your customers’ identities are legitimate and they have sufficient funds. Our integrated AML tool gives protection against financial crime by enabling AML or AML-plus-credit checks during client set-up, with instant pass or fail status, and lifetime storage of results.

So far, we’ve covered only Quill products on their own and demonstrated how Interactive is more than just a legal accounts system. There’s Quill-and-other-suppliers as well. Our API with third-party vendors facilitates auto-transfer of data between the two systems. Whatever’s entered into the third-party system is auto-populated to ours. They operate as one.

We have integrations in place with various case management, legal forms, document bundling, compliance management and workflow automation software suppliers. And we’re dedicated to continued third-party integrations.

We offer these integration options on a pick ‘n’ mix basis. You’re in control. We sort out the integration accordingly. Every bespoke package is surprisingly affordable and comes with awardwinning support. ■

Julian Bryan

Managing Director, Quill

SURREY LAWYER 29

XXXXXXXXXX

The knowledge you need, the service you value.

For over 20 years, Geodesys has been perfecting its comprehensive suite of conveyancing search solutions to clients throughout the UK. Today our bespoke service – including impartial advice, EU-compliant due diligence, secure file management and dedicated support – provides total peace of mind and total compliance every time.

Geodesys. All you need to know.

Call 0800 085 8050 Email customer.services@geodesys.com 30 SURREY LAWYER

www.geodesys.com

CONVEYANCING

Change is a constant in conveyancing Law Society outlines changes to the Conveyancing Quality Scheme

T

he recent Geodesys CPD event saw Eleanor O’ReillyJoe, Head of Accreditation at the Law Society and Peter Rodd, CQS Chief Assessor, bring the packed room upto-speed on recent changes to the Conveyancing Quality Scheme (CQS).

What’s new with the CQS? First launched in January 2011, the Law Society scheme offers a recognisable standard of excellence in the provision of residential conveyancing services.

In February 2019, the CQS Core Practice Management Standards were updated and expanded. All firms were required to update and embed the requirements by 1 May 2019.

Since the introduction of these changes, the Law Society has increased the level of support it has in place to drive continuous improvement. From November 2019 to January 2020 it carried out an assessment pilot to monitor compliance amongst members and provide feedback.

What did the pilot reveal?

The pilot included both desk-based assessment, focussing on typically high areas of risk such as file reviews, SDLT and leasehold conflict, and on-site visits, which also included the assessment of policies and procedures. Both types of assessment were designed to audit the law firm against the updated Core Practice Management Standards.

The assessments identified non-compliant aspects across all Core Practice Management Standards.

The solution: resolving non-compliance If a conveyancing practice is found to be non-compliant, it receives a letter from the Law Society laying out any breaches and suggesting a corrective course of action. They are then given a fixed period of time to correct infractions (21 days for minor breaches and three months for major breaches,) after which they are obligated to provide evidence of the corrective action they have taken.

The assessor’s view Peter Rodd stressed that risks in conveyancing had increased enormously in recent years and those involved in conveyancing could not afford to be complacent when it came to make the necessary changes to their processes. He urged firms to be particularly vigilant when it came to the following areas of risk: ■ Fraud: Peter advised that all conveyancing teams should have a list of red flags that could be indicators of fraud. For example, is it reasonable that the buyer could have saved a significant amount of money? There are various clues which should prompt a request to the seller’s solicitor to share due diligence.

■ SDLT: Every transaction should have its SDLT calculation double-checked to make sure it is based on the right information. SDLT threatens to become the next PPI scandal as unscrupulous companies encourage dissatisfied clients to put in a claim.

■ Client care: Client expectations are usually very different to the reality so it’s important to be as upfront as possible as to how long the transaction is going to take. To avoid buyers feeling that nothing is happening, conveyancers should agree levels of communication at the outset.

Conveyancing: change is a constant Peter also stressed that change would continue to be a constant theme in conveyancing so those involved in property transactions should keep an eye on the Law Society’s website for details of practice notes. Further changes to CQS will be announced in 2020 and the Law Society will be offering a number of briefing sessions to all those involved in conveyancing compliance.

Over the last year Geodesys has been working with the Law Society to promote the CQS in order to help our clients. We have also introduced the Geodesys Compliance Service which can help conveyancing teams ensure they are complying to the updated CQS Core Practice Management Standards. ■

SURREY LAWYER 31

XXXXXXXXXX

Premium Residential <0.25Ha Environmental | Flood | Ground Stability | Energy & Infrastructure

 Report Details

 Subject Site

Address:

Requested by:

Sample, Sample

Sample

Grid Reference: E: 123456 | N: 123456

Date:

Report Reference:

Report ID:

Sample

1000085407

27/04/2018

 Professional Opinion 1.ENVIRONMENTAL

PASS

No further recommendations

2.FLOOD

PASS

No further recommendations

3.GROUND STABILITY

PASS

No further recommendations

4.ENERGY & INFRASTRUCTURE

PASS

Consideration(s): 4.20 Power Stations

Air Quality Index: Some Polluted Areas (See 1.25) This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate.  A ‘Pass’ is given if no potential property specific risk has been identified.  A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, or if there are features nearby which some clients might consider could affect them.  A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professional Opinion based on additional information, or if there are any technical queries, the professional advisor who ordered the report should contact us at info@futureclimateinfo.com, or call us on 01732 755 180.

Regulated by RICS If you require assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo.com | Web: www.futureclimateinfo.com

AFFILIATE MEMBER

32 SURREY LAWYER

CONVEYANCING

Groundwater Flooding – The Delayed Deluge T

he role of groundwater in providing secure water supplies and supporting a healthy surface water environment is vital. In recent years, England and Wales has experienced exceptional swings that have led from drought to groundwater flooding in as little as four months. This has been especially the case this winter in London and the South East. Tim Champney, Managing Director, Future Climate Info, takes a look at this lesser known and more unpredictable flood risk and its impact on property, likely to become far more common as our climate changes.

What is Groundwater Flooding?

Groundwater is a general term that refers to any water found beneath the surface that fills pores or cracks in the underlying soil and rocks. It is most commonly found in low-lying areas underlain by aquifers, such as chalk or sandstone, or localised sands or river gravels in valley bottoms. Because of its subterranean existence, it is not normally “seen”, emerging only in extreme circumstances. Underneath large areas of southern England are aquifers – huge rock layers that can hold a lot of water. They are a precious store of water supplies for the populous south, but they can also be a curse. When the water level rises, it can seep out of the rock later in a slow release. Following persistently wet winters, such as the one we have just had, flood levels can be easily reached and will continue to flood well into spring.

What are the impacts of Groundwater Flooding?

Once flood water reaches the surface it will find its own often indiscriminate route. Some flows will follow usually dry valleys, or it could just seep out where the chalk meets a more impervious clay layer. This could be anywhere in gardens, across roads and paths, paying little attention to what is in its way. As it travels to the surface, it can also ingress to basements, tunnels and sewer networks. Any cracks in pipes can then suffer severe water damage that can disrupt supplies or create potential effluent contamination. On new developments with sustainable drainage systems (SuDS), it can also interrupt and overload drains and ponds. It is the severity and duration of groundwater flooding on property assets versus other types of flooding that is its distinctive hallmark. Locally, properties can be affected by fluctuating high levels of groundwater for many weeks, with no way of drying out.

A river or surface flood tends to be immediate, severe and then recede allowing for a quick response. Groundwater sometimes does not give that option.

What are Groundwater Levels like Now? Through Christmas and into New Year, groundwater levels in southern England rose dramatically following heavy rainfall. Given the accumulations from a wet autumn, levels in southern England reached notably or exceptionally high levels compared to the trend. The Environment Agency (EA) continues to report that groundwater levels in East Surrey and South London have been rising throughout the winter following higher than average rainfall.

Levels have continued to increase through most of February in

response to rainfall received during Storms Ciara and Dennis, and have continued to rise further with the early March heavy rainfall event. Properties with deep basements in and around Purley could soon experience flooding thanks to the Caterham Bourne, a groundwater stream that rarely flows but is now rising rapidly.

Properties are being defended with sandbag walls. The EA is also installing additional pipework in the rear gardens of affected homes to make sure the watercourse runs freely. There are many similar hidden streams in West London that could also affect high value basement conversions.

The London Borough of Hammersmith and Fulham’s 2017 Flood Risk Strategy highlights that the majority of the southern half of the borough is considered to be potentially at high risk of groundwater flooding.

The EA and Flood Forecasting Centre (FFC) continue to monitor boreholes levels up to 60 days in advance, given the lag in flood incidents after rainfall events. Alerts can be provided to residents to take action and maintain resilience. As the ground is already saturated in the groundwater flood prone areas, this will inevitably top up levels and will store up further groundwater flooding into March.

Identifying Groundwater Risks in Conveyancing Transactions Groundwater can be challenging to advise on as an environmental risk in property search due diligence. As a conveyancer, key things to ask your client to look out for include: ■ A local history of groundwater flooding – especially any evidence of damage and repair from 2000/01 and 2013-14 and, perhaps, right now.

■ Located on a permeable unconfined aquifer, river floodplains or low lying area ■ Has a basement or subterranean room (especially in London) ■ A nearby feature, like a local spring-fed pond ■ An history of cellar pumping A More Forensic Risk Analysis The EA has a basic map of groundwater risk at 1km resolution, which is not good enough for property searches. Data is now improving all the time in order to translate potential risks into a more scientific understanding. The Future Climate Info environmental search and flood search reports contains groundwater flood risk data at a 5m resolution. Where a groundwater risk is highlighted, our flood data partners at JBA can then undertake a more forensic Flood Review. The results provide initial opportunities for property level resilience measures that may benefit the property.

Understanding groundwater risk is important as many insurance policies exclude groundwater as “local flooding”.

For more information on Future Climate Info’s environmental risk reports with JBA’s unique Flood Review service, contact us on 01732 755 180 or email info@futureclimateinfo.com ■

SURREY LAWYER 33

FINANCE

The Winners will be the firms who embrace Transparency and go beyond what is required

O

n the 5th of March the SRA issued an update reminding firms of their obligations under the ‘Transparency’ rules, that came into force in December 2018.

“The aim is to help people, who currently struggle to shop around for legal services, more easily find the information they need to help them find the right legal help for them. The rules also include using our clickable logo, which became mandatory last November, which verifies that you are a law firm that we regulate and tells the public about the protections in place.”

It is crucial to understand that these rules were established to serve in the solicitor firm’s best interests. The regulator wants to ensure that potential customers are better able to compare different legal services providers. Indeed, the SRA highlighted that 71% of the consumers they surveyed spent over I hour researching providers. How positively your firm responds to the principles of Transparency may define future success.

This current climate where client activity is likely to be limited is an excellent time to reflect on how your website has embraced the rules and perhaps to go far beyond what is required and to differentiate yourselves from competitors who may not be recognising the opportunity.

The SRA’s first website sweep exercise in the spring of 2019 showed that 17% of regulated firms, after 6 months, had not done anything in compliance of the new rules. The regulator has now completed a second similar exercise and whilst the full outcome has not been published as I write, the following sound bite from the SRA suggests firms are still not embracing rules, aimed to benefit them and assist them attract new clients: “The second of these has been completed and where we found non-compliance, we are considering potential enforcement action. More checks on firm websites will follow.”

Obviously since November, in line with the new Standards and Regulations, we now have the whole picture, regarding exactly what is compulsory. This now includes prominently displaying the SRA Digital Badge, your own, the SRA’s and Legal Ombudsman complaints procedures and all the core areas when you must show costs, who is delivering the services, likely timescales and disbursements. Therefore, this article is not to cover old ground or the basic requirements of Transparency, more to look at some tips to embrace the challenge and show your business in the best possible light to potential customers, in need of legal advice or services, that are undertaking web based research.

The following ideas will be included in a new marketing leaflet for our SIFA Professional financial advisory members, to reach out and support their legal colleagues. Here is an insight and I hope it gives you food for thought:

SIFA Professional Guidance on going beyond ‘Transparency’ ■ It is not always about a low price; it is about value – So include as much information as you can about the services you are describing. Be aware that SRA research, however, does show consumers are attracted to known, fixed costs.

(SRA research indicates 32% of consumers see price as a key factor.)

■ Plain language is advisable – Avoid legal jargon and describe the processes and stages in easy to understand ways.

■ Why limit the exercise to the compulsory services in the rules? – To have full details on the costs and aspects of the compulsory services and not in others seems pointless.

The SRA began with core, most utilised services but this was just the start of the reforms but to a consumer, having full information for some services and less for others may look odd or even suspicious.

■ Staff Biographies are strongly recommended – You are required to include details and qualifications of the individuals involved in delivering the described services but why not go further. Full biographies with pictures of the solicitor and any support staff a new client is likely to deal with in the course of the process, personalises the experience from outset. More so if you can include personal non work-related background as well.

■ Encourage your key solicitors to write blogs about how they deliver their service and work with clients and use these on your website. This is a further comfort and personalisation factor in the potential client’s research.

■ Use social media – a profile demonstrating your firms and individual solicitors’ credentials and expertise linking back to your website could be a differentiator.

■ Display your firm’s awards, consumer service standards and kite marks of quality.

■ Ensure you have a testimonial section on your website.

Ideally one for each area of law/service. (Happy and satisfied clients are a crucial factor for consumers, with the SRA indicating that 42% of those surveyed seeing reputation as the key factor.)

■ Be proud to show work with other carefully selected third parties – Modern clients think holistically and require a holistic approach to their problems and needs. It is therefore beneficial if your website informs them that you operate that way and will refer them to other professionals, such as financial advisers, if a financial planning need arises from the legal service you are providing.

In essence, your website is the modern-day shop window and the more enticing and welcoming it looks, the more likely new customers are to walk in. Particularly important if your window is not the only one, they are looking in! ■

David Seager

Managing Director SIFA Professional

34 SURREY LAWYER

FINANCE

Pension freedoms

– retirees now have a whole host of new options

T

here is now much greater flexibility around how you take your benefits from Money Purchase Pension (Defined Contribution) schemes, which include Self-Invested Personal Pensions (SIPPs). Since the rules governing how pensions can be taken have been dramatically relaxed, more people are using pension freedoms to access their retirement savings, but the amount they are individually withdrawing has continued to fall, according to the latest data from HM Revenue & Customs (HMRC). Pension freedoms have given retirees considerable flexibility over how they draw an income or withdraw lump sums from their accumulated retirement savings. There is no doubt the pension freedoms have been hugely popular.

What are your retirement options to consider? Leave your pension pot untouched for now and take the money later It’s up to you when you take your money. You might have reached the normal retirement date under the scheme or received a pack from your pension provider, but that doesn’t mean you have to take the money now. If you delay taking your pension until a later date, your pot continues to grow tax-free, potentially providing more income once you access it. If you do not take your money, we can check the investments and charges under the contract.

about. There are clear tax implications if you withdraw all of your money from a pension. Taking your whole pot as cash could mean you end up with a large tax bill – for most people, it will be more tax-efficient to use one of the other options. Cashing in your pension pot will also not give you a secure retirement income.

Mix your options You don’t have to choose one option. Instead, you can mix them over time or over your total pot when deciding how to access your pension. You can mix and match as you like, and take cash and income at different times to suit your needs. You can also keep saving into a pension if you wish, and get tax relief up to age 75.

Think carefully before making any choices The pension flexibilities may have given retirees more options, but they’re also very complicated, and it’s important to think carefully before making any choices that you can’t undo in the future. Withdrawing unsustainable sums from your pensions could also dramatically increase the risk of running out of money in your retirement. ■

Steven Vallery, S4 Financial Limited

Receive a guaranteed income (annuity) You can use your whole pension pot, or part of it, to buy an annuity. It typically gives you a regular and guaranteed income.

You can normally withdraw up to a quarter (25%) of your pot as a one-off tax-free lump sum, then convert the rest into an annuity, providing a taxable income for life. Some older policies may allow you to take more than 25% as tax-free cash – we can review this with your pension provider. There are different lifetime annuity options and features to choose from that affect how much income you would get.

Receive an adjustable income (flexi-access drawdown) With this option, you can normally take up to 25% (a quarter) of your pension pot, or the amount you allocate for drawdown, as a tax-free lump sum, then re-invest the rest into funds designed to provide you with a regular taxable income. You set the income you want, though this might be adjusted periodically depending on the performance of your investments. Unlike with a Lifetime annuity, your income isn’t guaranteed for life – so you need to manage your investments carefully.

Take cash in lump sums (uncrystallised funds pension lump sum (UFPLS)) How much of your money you take and when is up to you. You can use your existing pension pot to take cash as and when you need it and leave the rest untouched, where it can continue to grow tax-free. For each cash withdrawal, normally the first 25% (quarter) is tax-free, and the rest counts as taxable income. There might be charges each time you make a cash withdrawal and/or limits on how many withdrawals you can make each year. There are also tax implications to consider that we can discuss with you.

Cash in your whole pot in one go You can do this, but there are important things you need to think

SURREY LAWYER 35

AUCTIONEERS

C

live Emson Auctioneers was founded in 1989 to supply a high-profile auctioneering facility to corporate and independent estate agents, private clients and statutory bodies. We believe our success is due to, and remains attributable to, a firm commitment to quality and service distinguished by both our Investors in People and ISO accreditations.

The concept of the Company is to provide a specialist land and property auctioneering service which does not compete with traditional estate agency, mortgage broking, insurance or any other aspect of the property world. All properties upon which we are instructed are offered for sale in the auction catalogue.

The 20,000 full colour catalogues produced for each of our auctions are available either by post or through a network of over 600 estate agency outlets throughout the entire South of England.

In addition, lot details, catalogue downloads, viewings and legal documentation are available through our website.

One of the many things that we enjoy about auctions is the ever-changing property types we see. Over the years we have sold everything from nuclear bunkers, sea forts, toilets, Martello towers to radar stations, house boats and many more, each time achieving the best possible price as decided by the market on the day.

1,000’s of clients benefit from our services every year recognising that selling under the hammer achieves the best possible price.

Selling by Auction is often the best method of sale. Each land or property benefits from competitive bidding followed by a legally binding contract at the fall of the Auctioneer’s gavel.

Many lots are sold by executors, trustees, powers of attorney, beneficiaries, receivers, companies, local authorities and government bodies as well as private sellers. ■

The Leading Independent Regional Land & Property Auctioneers Covering Southern England

DISCOVER a great way to buy and sell land and property

Our next five-day land and property auctions will be held on:> 1st - 7th May

- Catalogue available from10th April. Entries Close 6th April

> 15th - 19th June

-

Catalogue available from 22nd May. Entries Close 18th May

Entries are continually invited. If you own a property or parcel of land which may be suitable for a sale by public auction please call us for a no obligation appraisal. We also offer an *online auction service.

Telephone: 01273 504232 Website: cliveemson.co.uk Email: sussex@cliveemson.co.uk Lawyer.indd 1 36Surrey SURREY LAWYER

*Online Auction Dates Please call for information

Join us on: 09/03/20 10:53:41

AUDITING

The Stamp Duty Tsunami waiting to engulf the Legal Profession Millions of pounds in overpaid Stamp Duty Land Tax has built up behind a dam composed of complex and ever-shifting legislation and a lack of proper assistance from HMRC. Now, that dam is ready to break, writes David Hannah.

I

t all started as a thought-experiment. We knew, after many years of working in property tax, that HMRC were unhelpful, and that the SRA’s approach to SDLT ‘schemes’ had been so blanket that most law firms were terrified of stepping “outside the lines”. As result we saw many instances where relief claims weren’t made when they should have been.

as of 2019 for member firms to have a full written process and complete audit trail for the SDLT on all transactions, Compass will be an invaluable tool. Especially for small and medium-sized firms, who cannot necessarily afford the time and investment to employ tax specialists in house or design these new functions themselves, and will therefore appreciate a solution that has already been tailor made to fulfil these requirements.

DID YOU KNOW: There are 38 reliefs from SDLT – most people believe there are only 10 or fewer As far as these people were concerned, SDLT was a rigid, clear set of rules with little variation and their job was to complete a straightforward return on behalf of the client. So we asked the question: how good is the SDLT calculator on HMRC’s own website? We quickly found the answer was ‘not very’. Designed as a very basic, workmanlike indicator of the likely liability on a purchase, the calculator was not equipped or designed to ask the relevant questions that are of paramount importance in ensuring the correct SDLT is paid. It accounts for none of the many exemptions, Reliefs and exceptions that exist within the legislation. We were approached to comment on this by a national newspaper, who then in turn contacted HMRC. Their official reply was one that should have struck the fear of god into any conveyancer who’d been relying on it all this time!

DID YOU KNOW: That connected parties being involved in a transaction may often be a GOOD thing?

In the current global health crisis, it seems that the UK property market will be on hold for the foreseeable future. Even before the recent ‘lockdown’, viewings of properties had dropped dramatically and in the days since many banks have been restricting their mortgage lending. However, in light of this, now would seem the perfect time for firms to ensure they are fully compliant with the CQS requirements, and make sure their historic cases are all in order before the dam breaks. When the property market inevitably surges again, one suspects they simply won’t have the time. ■

The calculator is intended ‘merely as a guide’ What was perhaps even more interesting was when the same paper decided to test us on a number of questions related to the 3% ‘surcharge’ on second residences. They gave our answers on several hypotheticals to HMRC to get their opinion. On one case study in particular, HMRC disagreed with our assessment.

Analysing their answer yielded the reason why – the HMRC person the paper had spoken to had conflated the term ‘civil partnership’ with an unmarried heterosexual couple living together – what used to be termed a ‘common law marriage’.

The Devil is in the Detail: this is why you need an audit trail of the calculation and NOT just a print out of HMRCs “calculator” This is the sort of detail-focus that the current HMRC regime doesn’t have. So we dove in further, began to approach firms and clients to see if their historic transactions over the last few years had all been correct. Whereas I have to acknowledge that we are operating on a small sample size, relative to the rest of the country, the frequency of errors pointed firmly in one direction – as many as one in three transactions were being incorrectly assessed for SDLT. Last Year 50% of our instructions were from solicitors And it was this which led us to the creation of Stamp Compass – an electronic tool designed in collaboration with software developers utilising the experience of our team of Chartered Tax Advisers and lawyers to make a simple, effective and thorough interface that will highlight any potential areas for special attention in a purchase and refer the lawyer to one of our advisers for further analysis if required. It has been tested thoroughly for the last few months and is now ready to be brought to the wider market. Given the CQS’ new requirements

All at sea with SDLT? COMPASS is an SDLT calculation tool for lawyers,

custom designed to enable you to fulfil the full CQS requirements on SDLT including audit trail. It will ensure you get SDLT right first time, every time.

The UK’s only fully comprehensive SDLT calculator KEY FEATURES Simple, web-based

Warning messages where interface transactions are not Produces complete audit normal for SDLT purposes trail with breakdown of

Direct referral to calculation and return Cornerstone for detailed completion instructions advice at the click of a mouse

Contact COMPASS now on

0333 3050956

www.sdltcompass.co.uk Powered by

SURREY LAWYER 37

SOFTWARE

Working from home

M

any of us will be working at home for a while which will be challenging. Being out of the office and a change in our routine combined with limited social interaction in these difficult and uncertain times might cause feelings of worry, fear and loneliness. At LawCare we don’t have an office space and all our team work remotely, so here are our tips from our own experiences to help you look after yourself when working at home.

Set up your space It’s important to try and create boundaries between work life and home life, and having a dedicated area to work in can help. Not all of us will have an office or spare room to work in, but try and find a quiet area of the house where you can set up a desk area.

Stick to a routine As tempting as it is to stay in your pyjamas all day or sit at your laptop at 10pm it’s important to get dressed and try and stick to a regular routine and your usual working pattern, where possible.

This will help you stay focused and keep work separate from home life.

Boundaries If you have to change your normal working hours or work flexibly due to childcare or other commitments set boundaries where possible. Perhaps you and your partner can do shifts, or you can work early in the morning or late at night in order to take some time off in the day. You might want to have a set time of day where you can’t be disturbed. Let other colleagues know about your routine and boundaries so you can manage their expectations.

Reach out Keep in regular contact with colleagues, friends and family using phone, Skype, Facetime rather than just sending emails and texts. It can be isolating working at home and we all need to feel connected to each other. It’s especially important to look out for those who live alone, make sure you are checking in with people.

38 SURREY LAWYER

Disable notifications Avoid constantly checking your emails, whats apps and news feeds. It’s very easy to get distracted and sometimes too much information will trigger feelings of worry. Turn off alerts and check them every few hours so you can stay focused.

Take breaks Take regular breaks, including a lunch break, just as you would if you were at the office. If practical try and get out for a walk every day.

Prioritise self care It’s easy to let healthy habits slip when we are at home but make sure you eat well, get to bed at a reasonable time and find time to do some exercise. You might not be able to go to the gym but you can go for a run, do some gardening or do an online exercise video.

Sickness It can be harder to call in sick if you are at home anyway, and many of us will be tempted to do a few hours work even if we are unwell. If you are ill, you really should rest, follow any medical advice and not work at all to protect your future health.

Be mindful Mindfulness is about being in the present moment. None of us know what the future holds so try and focus on the here and now rather than the bigger picture.

Seek support We’re all in the same boat, but these difficult, uncertain times will affect some of us more than others. If you’re finding it hard to cope, just talking to someone can make you feel less worried.

LawCare offers a free, confidential emotional support service to all legal professionals, their support staff and families. We’re here to listen, 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 you need to talk call our free, independent and confidential helpline on 0800 279 6888, email support@lawcare.org.uk or visit www.lawcare.org.uk ■

XXXXXXXXXX

®

STANDING DESK MEGASTORE

BIKE

SPECIAL

SAVE

OFFER £50

Expires 31st May 2020

Voucher code:

S L M 5 0 Unbeatable value for money UK’s #1 Standing Desk • Premium build quality. Smooth & silent • Excellent seat design and cushioning for ultimate comfort • Adjust easily between sitting, pedalling and standing • 8 resistance levels – transition between light activity to a more robust workout • 1 minute assembly • 2-year warranty

From

£ 316.79 Ex. VAT

BENCH

2

From

£ 359

Ex. VAT

From

£233

FREE TRIAL 0333 22 00 375

Ex. VAT

From

£150

Ex. VAT

From

£ 191

Ex. VAT

From

£ 233

Ex. VAT

From

£ 800

Ex. VAT

Mixing up standing with sitting improves health & productivity.

Those who try it never look back.

Test out today

30 solutions*.

sales@sit-stand.com

*Terms & conditions apply

www.sit-stand.com

SURREY LAWYER 39

XXXXXXXXXX

LEAP is the best system for lawyers and staff to work from home

Book an online demonstration: leap.co.uk/work-remotely

40 SURREY LAWYER