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The City of Westminster & Holborn Law Society

www.cwhls.org.uk A company limited by guarantee.

PUBLISHER Benham Publishing 4th Floor, Orleans House Edmund St, Liverpool L3 9NG 0151 236 4141 Tel: Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ADVERTISING AND FEATURES EDITOR Anna Woodhams PRODUCTION MANAGER Fern Badman ACCOUNTS Joanne Casey MEDIA NO. 1299 PUBLISHED August 2013 – © Benham Publishing LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Media. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

The City of Westminster and Holborn Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age, Disability or Sexual Orientation.

DISCLAIMER All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

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

COVER IMAGE This issue’s cover image is a reproduction of an original painting by Matt Bellay – 07786 375841 www.mattbellay.com

COPY DEADLINES Winter Spring Summer Autumn

Issue Issue Issue Issue

83 84 85 86

4th October 2013 3rd January 2014 4th April 2014 4th July 2014

Members wishing to submit material please contact the Editor, Ivan Ho, before copy deadline.

Email: ih@hunters-solicitors.co.uk Anyone else wishing to advertise or submit editorial for publication in the Report please contact Anna Woodhams before copy deadline.

Email: anna@benhampublishing.com Tel: 0151 236 4141

5

Introduction The President’s Column

6 8 9 9 10 11 12 14

News & Events Frankfurt in the Spring!

Council Members’ Reports Nomination of Committee Member Shadowing Scheme The Wig & Pen Prize 2013 Christopher Chavasse 5 Reasons Why Inbound Marketing Beats Cold Calling Every Time ‘What a Swell Party This Was!’

16

Human Rights Colombia Caravana - No End to Killings of Lawyers

18

Photographs Legal Charities Garden Party 2013

24 26 27 28 29

Professional Practice Quill Pinpoint Research Defies Negative Industry Trend The Role of Mobile Phone Forensics Lawyers Are Not Just Lawyers Anymore – They Are Client Managers and Marketers Have You Considered the Risks of Going Cheap?

The UK’s Largest Dog Welfare Organisation Managing the Unexpected Diversity in the Legal Sector An Iconic Location

30 30 30 30 30 31 31

Sub-committee Reports Land Law and Conveyancing Sub-committee Litigation Sub-committee Junior Lawyers’ Division International Sub-committee Law Reform Sub-committee Education and Training Sub-committee Professional Matters Sub-committee

32 32 33

Book Reviews A Modern Approach to Wills, Administration and Estate Planning Modern Law of Meetings Restrictive Covenants and Freehold Land: A Practitioner’s Guide

34

Development Are You Ready for a World That No Longer Exists?

20 21 22

President:

Vice President:

Hon Secretary:

Hon Treasurer:

Editor:

Administrator:

Melissa Hardee melissa.hardee@hardeeconsulting.com

020 7267 0306

Susanna Heley susanna.heley@rlb-law.com

020 7227 7463

Jonathan Cornthwaite jcornthwaite@wedlakebell.com

020 7395 3122

Bruce Clarke bruce.clarke@lbmw.com

020 7222 5381

Ivan Ho ih@hunters-solicitors.co.uk

020 7412 0050

Susie Hust, 1 The Sanctuary, London SW1P 3JT admin@cwhls.org.uk 0207 960 7115

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Introduction

THE PRESIDENT’S COLUMN I have been reflecting that organisations are very much like ponds: on the surface all is calm and serene; however, scratch the surface and look below, and you see all sorts of activity otherwise invisible to the naked eye. And so it is, I reflect, with CWHLS, as I have attempted to fill in while our excellent administrator, Susie Hust, has been on holiday. In fact, she is not just excellent but invaluable. Only when you have opportunity or reason to look below the surface do you realise how much organisations depend on the hard work, dedication and commitment of those within it, without whom the pond surface would be anything but smooth and calm. So, it is with great relief that Susie is back from her much deserved vacation.

However, even without Susie being away, it has been a very busy few months.

I continue to chair the Society’s Education and Training Sub-committee which has involved setting a summer lecture programme that will appeal to members, not just out of interest, but because the topics reflect current law as it is happening. And we aim to provide this ‘current awareness’ service at a snip of the cost commanded by commercial providers. How many commercial providers were able to offer a talk on Prest v Petrodell a matter of days after the Supreme Court handed down its decision, for instance? The report of the Education and Training Sub-committee in this issue reviews the other talks that have taken place in the recent programme, as well as giving some information about the forthcoming autumn lecture programme. We are also grappling with the report of the Legal Education and Training Review, which, I am proud to say, I have now read – all 370-odd pages. Fortunately, there have been social activities to leaven what was a very heavy read.

Those social activities have included the Legal Charities Garden Party – a very enjoyable evening and fortunate with the weather, with not a spot of rain on the night.

There was a great turn-out from CWHLS, which in fact is the host of the Garden Party, and a great time was had by all, and all for very good causes. The conviviality of that evening we intend to continue with the Holborn Historic Taverns Tour on 29th July – over-subscribed at the time of writing.

For my own part, I have been liaising with the law schools in the Westminster & Holborn area, both to encourage student members, and also to gauge interest in the Society’s proposed Shadowing Scheme. We are hoping to run a pilot of some 20 first year law degree students in the new academic year, and so what we now need are 20 shadowing opportunities in firms of one to two days. If your firm would be willing to give a student member the chance to shadow a solicitor or trainee in the firm for a day even, please let me know.

At an official level, I attended the Law Commission’s launch of its 12th Programme of law reform, for which it is seeking areas for reform. If there is an area or issue that you think is crying out for reform, again, please let me know and I will pass it to the relevant Sub-committee of the Society for discussion and, hopefully, submission to the Law Commission. The deadline is 31st October 2013.

We have not had much success in securing a meeting with Helen Grant MP, the current Parliamentary Under-secretary of State for Justice, but hope that a meeting with the MoJ may be possible in the autumn. I have already passed on our concerns about the Government’s failure to regulate will-writing, its introduction of fees for complaints to the Employment Tribunal about unfair dismissal, and proposals to limit judicial review, to our MP for the Cities of London and Westminster, Mark Field MP. I have also been engaging with the Law Society about its proposed Paralegal accreditation scheme and its new Wills and Inheritance accreditation scheme. We are hoping to have the Law Society come and speak to members about the Wills and Inheritance accreditation scheme later in the year.

Melissa Hardee

DIARY September 16

Lecture: Employment Law Update

18

Committee Meeting

October 16

CWHLS AGM*

21

Lecture: Money Laundering Regulations Update

30

Committee Meeting

November 18

Lecture: Property Aspects of the Finance Act

20

Committee Meeting

27

Presentation of The Wig & Pen Prize

Details of lectures appear on page 31. For further information, please see the monthly eReport or contact Susie Hust at admin@cwhls.org.uk

Something that I have particularly enjoyed recently during a visit to Dublin, was meeting with the Dublin Solicitors Bar Association. I was grandly entertained by the DSBA’s President, Vice-President and new Law Society of Ireland Vice-President over a very convivial lunch, and the hope is that we are able to develop links between the two societies for the benefit of each society’s members. I have to say, after my recent trip, the opportunity to visit Dublin should not be missed.

MELISSA HARDEE PRESIDENT

*Notice of the AGM will be given by email and posted on the Society’s website http://www.cwhls.org.uk shortly.

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News & Events

FRANKFURT IN THE SPRING!

CWHLS DELEGATES AT THE FEDERATION OF EUROPEAN BAR ASSOCIATIONS CONGRESS 30TH MAY TO 2ND JUNE 2013

The conference was well attended by European lawyers from a large number of jurisdictions, as well as from the US, Canada and further afield as it was held jointly with the Conference of the Presidents of City Bar Associations. This meant that the panel discussions were wide ranging on various aspects of the future of the legal profession. Richard Susskind, for example, challenged us to think about the future of a smaller profession using internet services as the norm. He emphasised the need to reinvent the way we work, embracing on-line services and virtual courts. What kind of jobs will exist in the future? Susskind suggests new job titles: the legal knowledge engineer, legal technologist, legal hybrid, legal process analyst, legal project manager, online dispute resolution (ODR) practitioner, legal management consultant and legal risk manager. His book “Tomorrow’s Lawyers” outlines what will be involved in this future legal world.

Chris Hart, Chair of the Law Society Management Section gave a thoroughly practical and helpful speech entitled: “Improving Efficiency and Profitability of Law Firms”. He took delegates through six key areas for review from Utilisation (time recording), and average hourly rate to debt days and work in progress days. He recommends concentrating on a small number of figures and keeping them under regular review. He suggests creating a mini profit and loss account for each lawyer and discussing it with them. It is much easier for individual lawyers to understand their performance this way.

As we left our hotel in the early morning to start the Congress

The new President of the FBE is Rod Mole, Law Society Council

with a service in the Cathedral, we realised that we were

member from Devon & Somerset Law Society. He spoke on the

“kettled” by the German police and demonstrators. What an

regulation of law firms after the financial crisis. His speech and

extraordinary situation, to be trapped in the centre of Frankfurt!

that of Chris Hart and others can be found on: www.fbe.org,

David Morgan and I (Sara Chandler) attended the Congress as

just click on Congresses and then on Frankfurt.

CWHLS members. We were staying in the heart of the modern district, built on the land bombed during the war and now full of

The next FBE Congress will be in Romania, in the ancient city of

modern buildings housing the banks. The Congress coincided

Clug, from 16th to 19th October. The theme is: “Measures to

with four days of demonstrations by the “occupy” movement

overcome the obstacles that prevent access to justice under the

who were protesting about the activities of the banking and

rule of law”. The Congress will look at the role of Bar

financial sector. Eventually, after our ineffective negotiations, we

Associations as necessary co-operators to reach full possession

returned to the hotel (in the rain) and the management led us

of rights and freedoms. There are reduced rates for young

through hidden areas of the hotel usually hidden from guests to

lawyers. Anyone who is interested should contact CWHLS

the fire escape leading to the trades entrance where large lorries

International Sub-committee (the Chair is Monika Pirani,

were engaged in making deliveries. We slipped out and crossed

m.pirani@bishopandsewell.co.uk).

unobtrusively, as best as a group of around 25 lawyers could do so quietly, through back streets to the Cathedral.

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PROFESSOR SARA CHANDLER, CWHLS

News & Events

COUNCIL MEMBER’S REPORT - MAY 2013

Fraser Whitehead

Some might say that this Council meeting will be as well remembered for what was not resolved as for what was.

The key debate concerned the government proposal for competitive tendering for legal aid. Members will undoubtedly have seen much in the national press, Gazette and elsewhere about this campaign in which sometimes the issues have seemed to be as much about the style of presentation in the sense of defining what is most effective, as about the substance of the issues of concern which are many. These include

he impact on smaller firms, client’s lack of choice of solicitor, the financial viability of the scheme and the move away from localism. The good news is that the approach endorsed by Council on both aspects seems to have delivered. Our counter campaign has been focused, targeted and at least partially effective. At the date of this report we seem to have secured one significant objective and success with client’s choice of solicitor restored. There is of course still some way to go but I hope the professional will agree with me that this issue has been another where the Law Society has shone itself to be and has emerged as an effective campaigning force which is delivered results.

be agreed, adequately set out the submissions against or the Board’s collective decision as well as those supporting the decision reached. The obvious concern was that Council could not take a sufficiently informed position if the chair was bound only to put the case from the collective perspective which seemed to be a result of the paper’s recommendation. Powerful stuff. In the end after some debate next business was moved and the proposal was not voted on.

What was not discussed at least not fully was a seemingly neutral but in fact quite controversial paper on the extent to which collective responsibility applied to Law Society Boards and particularly those Board’s chairs. From the outset of the discussion it was clear and not surprising, that the principle of collective responsibility was accepted. However there emerged genuine concern about whether the proposal would unduly restrict the potential for chairs to ensure that report backs to Council on policies worked through and put to Council as policy to

And that was about it. The other matters that were discussed were of doubtful interest to members as this was largely a “Reports” Council – with end of term reports on a range of internal management issues with such enticing titles as Scrutiny and Performance Review, Internal Controls Framework and Customer Relationship Management.

Pass. Finally we dealt with the reports from the Standing Boards. Pass.

The same discussion without conclusion fate befell a discussion on the changes and imminent changes at the top of the SRA and the interrelationship between the two events.

So a largely uneventful Council save for the completive tendering debate.

COUNCIL MEMBER’S REPORT - JULY 2013 took place on the morning of 11th July, followed by the Society’s AGM that afternoon. Much has happened in the past year and what is certain is that more change is to come.

Jeffrey Forrest

It is now ten years since Sir David Clementi was commissioned to investigate and report on the legal regulatory framework in England and Wales. Much has happened and much has changed in those ten years.

In 2004 the then government swiftly adopted the Clementi Report and moved forward with the 2007 Legal Services Act to enact his recommendations together with - in Philip Larkin’s words in another context - “some extra just for you” - in the form of full blown ABSs, etc.

The final Law Society Council meeting of Lucy Scott Moncrieff’s year of presidency

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A half day Council meeting gives little time to conduct business, particularly when it includes approval of the Society’s budget and spending requirements for the following year. There was a distinct feeling that we were under pressure to deal with all the business in the limited time available and it is unsatisfactory for important decisions to be taken without time for proper debate.

Much of Council’s business must inevitably be conducted on a Part 2 basis when we are dealing with matters of policy in formation or where there are commercial confidentiality considerations.

We continue to argue for the maximum openness and transparency and there is now a process where the Chief Executive indicates, as soon as possible after our meetings, which decisions can be reported openly.

That is particularly important in these times where it seems that solicitors are under threat from many directions, lest the impression be given that the

representative Law Society is not working strenuously to defend and support the profession. So, for example, many tributes were rightly paid to Lucy Scott Moncrieff at the end of her presidential year even though Council members are not unaware that some legal aid solicitors feel that she and the Law Society have sold them short. The truth is that the Society has made the right decision to engage with the government to demonstrate why the government’s plans for price competitive tendering are misconceived and to demonstrate that there are alternatives.

Council approved a 2014 operating budget of £112.5 million for the Law Society Group. The PC fee is funded as to 60% by firms (based on turnover) and 40% by individuals. The total funding requirement from PC fees was set at £116.8 million. That translates to an increase of the individual PC fee of £384 (2013: £344), offset by a reduction in the Compensation Fund levy.

The corporate pie chart shows the Law Society’s running costs are budgeted at 13.1%, the SRA’s at 26.4% and the LSB’s and LeO’s at 18.2%. The rest is 24.9% for Corporate Solutions (sic), formerly the Law Society and SRA’s Shared Services,

News & Events

It is therefore worth adding a few updates on events which have occurred since the Council meeting. The main focus of these has been the continuing difficulties facing our profession in this time of austerity which has been notably demonstrated by the significant increase in the number of firms moving into administration, intervention or facing financial failure.

Many practices are now finding it difficult to get banking finance maintained let alone extended and the increasing competitive environment and consolidation in the marketplace is putting further pressure on all firms.

The Law Society has now launched an emergency webpage offering information and guidance for firms other employees when the firm gets into difficulty.

NOMINATION OF COMMITTEE MEMBER Elections take place at the Society’s Annual General Meeting to be held on Wednesday, 16th October 2013. Nominations must be lodged with the Honorary Secretary by Wednesday, 11th September 2013.

These are to be made in writing, signed by two members of the Society and are to be accompanied by the written undertaking of the candidates to serve if elected.

WE

(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................

Signature of proposer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and

(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................

The Law Society is also working on additional advice of support material to circulate within the profession including guidance on different ways of working with particular focus on some types of business such as duty solicitor schemes in family courts.

Signature of seconder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HEREBY NOMINATE: (Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................

Let’s hope it is a case of survive to thrive.

FOR ELECTION AS A COMMITTEE MEMBER

FRASER WHITEHEAD

................................................................

I hereby undertake to serve as a Committee member

8.6% for “Project Expenditure”, and 8.7% for ARP contingency and capital reserves.

It is a matter of public knowledge that the SRA has incurred exceptional costs on some recent major interventions (even though previously the number of interventions had been falling). For 2014 the SRA will be planning for the cost of interventions to be met by the Compensation Fund. Nevertheless for the time being there is a reduction of £36 in the Compensation Fund levy.

In other business the various Board Chairs presented their “end of term” reports and Sue Nelson reported on the ongoing work of the Equality & Diversity Committee and the requirement for those involved in boards and committees to ensure mandatory training on unconscious bias and disability awareness. We have not seen the last of Lucy Scott Moncrieff who will be taking over from Sue Nelson as Chair of the Equality & Diversity Committee.

It has been announced that the SRA’s Chief Executive Antony Townsend will be stepping down after a new Chief Executive has been appointed. The current 4 year term of the SRA Chair Charles Plant was due to expire at the end of 2013 but Council agreed to extend his term for an additional 12 months.

Signature of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date

................................................................

Please return to the Honorary Secretary, Mr J P Cornthwaite, at 52 Bedford Row, London WC1R 4LR or DX 166 London Chancery Lane.

SHADOWING SCHEME The City of Westminster & Holborn Law Society is setting up a Shadowing Scheme for its student members and member firms.

The Society believes that the law students of today are the future of the profession. Bringing law students into contact with the profession as early as possible is one way of ensuring the continuing life blood the profession needs, particularly in a time when there are new competitors for solicitors in the provision of legal services, as well as competing career paths which may attract those who would otherwise consider the solicitors’ profession.

There is no financial commitment required from firms, and the Scheme is sufficiently flexible that a firm can invite a student into the office to shadow a solicitor or trainee in the firm for a period of anything from a day to a week – whatever suits.

The Society is planning to run a pilot for the Scheme in the next academic year, with 20 first year law degree students, for which it will need 20 shadowing opportunities, even if just for a day.

If your firm would be interested in participating in the Scheme, whether in the pilot or the Scheme proper, please e-mail Susie Hust at admin@cwhls.co.org headed “Shadowing Scheme”, and further details about the Scheme and when the Scheme will start will be provided to you.

JEFFREY FORREST

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News & Events

THE WIG & PEN PRIZE 2013 The City of London Law Society and the City of Westminster and Holborn Law Society are pleased to announce the launch of the 2013 Wig & Pen Prize, awarded for pro bono legal work by a recently qualified solicitor.

GUIDANCE NOTES AND NOMINATION FORM Closing date – Friday 1st November 2013

CRITERIA The Wig & Pen Prize is open to solicitors up to five years qualified in October 2013 who practise in the catchment areas of either the City of London or City of Westminster and Holborn Law Societies.

NOMINATION PROCESS

The Wig & Pen Prize provides an opportunity to give public recognition to the invaluable pro bono work undertaken by recently qualified solicitors.

Please complete the nomination form below. Please also supply the following attachments:

Nominations are sought for individuals who have made a contribution to broadening access to justice in their communities and helping to ensure that the legal system is open to all.

• Attachment 1: Details about the entrant (maximum 150 words).

In particular, the judges will take into account: a)the length of time involved in giving free legal advice or representation to people who have otherwise failed to obtain access to justice; b)the candidate’s involvement in setting up new or innovative projects providing free legal services to people who would otherwise fail to obtain access to justice; c) the significance of the candidate’s service to their clients and their community; and d)an indication of the time spent on the project, to include a breakdown between the time spent during normal office hours and the time spent outside of normal office hours.

Copies of this application pack are also available from each Society’s website at www.citysolicitors.org.uk or www.cwhls.org.uk and the closing date for applications is Friday 1st November 2013.

Nominations can be made by you, your employer or the project you support. Please nominate anyone who you think has been involved in a great pro bono project - whether large or small.

A senior representative from the City of London Law Society and the City of Westminster and Holborn Law Society will review the nominations and select the overall winner who may receive a monetary award for the pro bono project they support. The winner also holds the prestigious Wig & Pen Inkstand for one year.

• Attachment 2: Information about the pro bono project and details about the entrant’s personal contribution (maximum 500 words). Please note guidance below.

Please submit a summary of the pro bono project undertaken and why the entrant should receive an award, for example, time spent on the project and whether it was during office hours; how the activity was undertaken; the impact of the activity on their clients and the local community; and whether the activity involved setting up a new or innovative project.

Examples of work undertaken in the past have included providing legal advice in law centres, setting up an advice service to support business start-ups or being part of a team representing a UK national facing the death penalty.

• Attachment 3: Two letters of support.

Please supply two letters of support from other individuals such as supervising solicitors, clients or project managers who have knowledge of the entrant’s pro bono work.

CLOSING DATE AND AWARD CEREMONY The closing date for nominations is Friday 1st November 2013.

The winner will be notified by Monday 18th November 2013 and it is proposed that the Prize will be presented at an evening event on Wednesday 27th November 2013.

THE WIG & PEN PRIZE 2013 NOMINATION FORM Name of entrant: ..........................................................................................................................................................................................

Address of entrant: ....................................................................................................................................................................................... .......................................................................................................................................................................................................................

E-mail address of entrant: ............................................................................................................................................................................

Telephone number of entrant: ......................................................................................................................................................................

Date of admission as a solicitor: .................................................................................................................................................................

Referring to the guidance notes please provide the following documentation in support of the nomination.

• Attachment 1: Entrant biography - maximum 150 words • Attachment 2: Details of pro bono project and contribution - maximum 500 words • Attachment 3: Two letters of support If this nomination is being submitted on behalf of the entrant, please supply your contact details: Name: ...........................................................................................................................................................................................................

Address: ....................................................................................................................................................................................................... .......................................................................................................................................................................................................................

E-mail: ...........................................................................................................................................................................................................

Telephone No: ..............................................................................................................................................................................................

CLOSING DATE – FRIDAY 1ST NOVEMBER 2013 Please return to: Mrs Elizabeth Thomas - City of London Law Society, 4 College Hill, London EC4R 2RB DX 98936 Cheapside 2 000000000000 E-mail: mail@citysolicitors.org.uk

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News & Events

CHRISTOPHER CHAVASSE

Christopher Patrick Grant Chavasse was born on the 14th March 1928. He won a major scholarship to Bedford where he became Head Boy. There in 1946 he rowed bow in the first eight, which won the inaugural race for the Princess Elizabeth Cup at the Henley Royal Regatta. As a member thus qualified of the Leander Club, he remained involved in rowing throughout his life, and regularly wore his pink socks and entertained at Henley. He gained an Exhibition in Classics to Clare College, but served his National Service before going up to Cambridge. He was commissioned into the Rifle Brigade and served in Palestine, where he was mentioned in despatches for, as he put it, “umpiring a battle between Jews and Arabs”.

He went up to Clare College, Cambridge, aged 21 in 1949 to take up his Exhibition in Classics, but after one year changed to Law. He joined the University Air Squadron, and learnt to fly Chipmunks. He rowed in several successful Clare eights on the Cam and at Putney and Henley and became Captain of Boats.

He took articles with the City solicitors, Coward Chance. After admission he joined Woodham Smith in Holborn, and remained with them until 1980 having become senior partner. In 1962 he became a Founder Member of Holborn Law Society, where he

was an active committee member eventually becoming President from 1977 to 1978. He firmly believed in the need for the profession to improve its public profile, and argued strongly, though unsuccessfully, for the Law Society’s president to have a term of office of several years.

With that longer tenure he believed that the holder of the office – he dubbed him “Mr Law” – would be in a position to attain better national recognition and standing.

After leaving Woodham Smith he took the post of Clerk to the Worshipful Company of Grocers where he remained until retirement in 1988. He adored the Grocers Company, where he was able to combine his legal and financial skills to help implement a plan which turned around the finances of the Company.

His wife Audrey, a good friend to many Holborn Law Society committee members of that time, sadly died in 2003. He was fortunate then to enjoy another much shorter happy marriage.

He died on 21st April 2013. His funeral, attended by Anthony Johnson and Arthur Weir, was held in Henley-on-Thames parish church and afterwards (of course) at the Leander Club.

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News & Events

5 REASONS WHY INBOUND MARKETING

BEATS COLD CALLING EVERY TIME

The post-Jackson world is a strange, strange place for small practices, especially those who’ve traditionally relied on claims management companies to provide them with leads. With the noose ever tightening around our easiest route to market, what can we do to combat the almost inevitable decline in business?

Online marketing is something that, as an industry, we’ve shied away from. The barrier to entry can be relatively high, the learning curve steep and the pitfalls too numerous to count. But what if I told you that the real trick to Internet marketing isn’t knowing your HTML from your JavaScript - it’s just about knowing how to have a meaningful conversation?

CONTENT IS KING It’s not a secret - people are more likely to buy from people they trust, and in today’s market we need to view ourselves as salesmen and ambassadors for our products. The best salesmen - the ones who don’t need to paint their customers into corners, but rather let them come to decisions themselves are evangelists, and who’s a better evangelist for your business than you?

By providing potential customers with content that’s of real use that simultaneously extols the values of your product, you can engage with an entirely new audience of people that a) already know what you do and b) know that you’re informed and active in the space you’re working in. This beats any cold-calling CMC hands down and shifts the paradigm - your clients don’t feel harassed into making a claim, and you have complete control over their onboarding and flow through your company.

With no further ado, here’s our top 5 reasons why your business should be looking at inbound marketing as the next step in your lead sourcing.

1 Inbound Marketing Builds Trust To an extent, inbound marketing is a “long game”, meaning you’re investing time now in order to get a return in the future.

The advantage is that you’ve already provided your potential customer with something of value. By giving them something they can use for free you’re more likely to attract their paid business in the future, and you’ve established yourself as a trustworthy and authoritative voice.

2 Inbound Marketing Costs Nothing But Time Though time’s at a premium in all of our lives, 30 minutes a day spent on the core inbound activities - blogging, website optimisation, social media interaction, content curation and sharing - could help bring down your average cost-per-lead by 62%, with no capital investment.

3 Inbound Marketing = SEO By taking control of your inbound marketing and focussing your efforts around your website, you’re acting as your own Search Engine Optimisation consultant. Creating content that people want to read and share, placing the main bulk on your website and sharing it through multiple channels can help your site to seem more trustworthy and so appear higher in Google and Bing’s search results.

4 Inbound Marketing Covers Thousands of Channels By using a CMC, you’re limiting yourself to a single sales/marketing channel with a high cost. By making the switch to inbound, the blog that you write for your site can be shared on Twitter and Facebook, be broken down into an infographic to share on BuzzFeed or Pinterest, be turned into a presentation to throw up on Slideshare, a webinar, a workshop…the possibilities are as endless as the number of channels available. It also means that, if one of your channels should become closed, you have many others still available to use.

5 Inbound Marketing Snowballs Over Time Rather than print advertising which, by its nature, is ephemeral, inbound marketing sticks around. As you create more content, you’re creating a database of knowledge and wisdom that potential clients - and you! - can draw upon months or years in the future. This is the power of inbound the long tail. The content you create will keep working for you.

Even armed with all of this new knowledge, venturing into the world of content and inbound marketing can be daunting. For help and advice on creating sharable content, or developing your inbound marketing strategy, contact Oriel Responsive today. As the team behind Lawyerly.co.uk, Oriel Responsive has industry-leading experience in creating innovative and attractive products for the legal services industry. Call us today on 0151 242 6755 or email info@orielresponsive.co.uk for more information on our services.

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News & Events

‘WHAT A SWELL PARTY THIS WAS!’ MEMORIES OF A MEMORABLE EVENING: THE LEGAL CHARITIES GARDEN PARTY 20 JUNE 2013 ‘Twas the eve of midsummer when across the dewy lawns at Lincoln’s Inn, little bands of lawyers – and large ones too – began to foregather for the annual Legal Charities Garden Party to the tune of the Dixieland ensemble playing various Cole Porter pieces (very Great Gatsby, that) followed by ‘Diamonds are a Girl’s Best Friend’.

I mention the Marilyn Monroe number recalling that line in the second verse warning us that ‘there may come a time when a lass needs a lawyer!’ Well – how true – and how appropriate if coincidental a choice of ditty. You’d be tempted to remark here that any lass looking for a lawyer on that balmy evening would have an embarrassment of riches to choose from.

Under the auspices of the City of Westminster and Holborn Law Society, this yearly event (from 1968), routinely attracts just about everyone who’s anyone in legal London, from judges, barristers and solicitors to barristers’ clerks and legal executives.

The overall aim: to support legal charities which I’ll list here: SBA, the Solicitors’ Charity, Barristers’ Benevolent Association, CILEx Benevolent Fund, the Institute of Barristers’ Clerks Benevolent Fund, the United Law Clerks’ Society, and LawCare.

Out in force and busily engaged in some serious networking were representatives from the main supporting law firms and sets of chambers, including 14 Gray’s Inn Square, Old Square Chambers, McLoughlin & Company Solicitors, Tanfield Chambers and (what looked like the largest contingent) Hunters.

Other firms and chambers too numerous to mention here included Forests and Wedlake Bell, represented by Jonathan Cornthwaite, who is also the Honorary Secretary of the City of Westminster and Holborn Law Society, who with the President of the Society, Melissa Hardee, did a sterling job of presiding at their stall.

This was indeed a wealth of talent dispensing a wealth of hospitality – and speaking of which, it wasn’t long until word got round that the caterers, apparently having experienced legal problems of their own, would be rather remiss in providing the assembled crowd with the required quantities of vol au vents, sausage rolls, cheese sticks, devils-on horseback and I don’t know what all – an emergency situation if there ever was one.

However, lawyers being lawyers and accustomed to retrieving hopeless situations at the last minute, managed to organise almost endless supplies of quite delicious canapés almost out of nowhere to feed the hungry hordes, much to the relief of said hordes and certainly to the delight of Melissa and Jonathan.

“We are so pleased that this evening turned out to be such a success”, remarked Melissa. “It certainly generated a substantial amount of funding for our charities.”

“As always, the evening was one of the highlights of the legal year,” she added “and a great opportunity for our members old and new to consolidate old friendships and form new ones.”

As Cole Porter himself might have said – probably when he was a reluctant law student at Yale, would you believe: ‘what a very swellegant, elegant party’ this absolutely was. If you haven’t attended the Legal Charities Garden Party yet, find out the date and mark it in your diary for next year. It’s usually held on or around midsummer’s eve.

ELIZABETH ROBSON TAYLOR MA PRACTICE MANAGER RICHMOND GREEN CHAMBERS More images can be seen on pages 18 and 19.

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Human Rights

COLOMBIA CARAVANA NO END TO KILLINGS OF LAWYERS

CWHLS INTERNATIONAL SUB-COMMITTEE MEMBERS

MONITOR THE SITUATION OF HUMAN RIGHTS LAWYERS IN COLOMBIA

The prospect of peace with the armed guerrillas in Colombia is an enormous encouragement to those who support the rule of law, access to justice and the protection of human rights. Talks have been proceeding for 9 months, and will end this November.

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On 21st May 2013, in the Old Council Chamber of the Law Society, in a packed room, lawyers, from law students to Judges, received the report of the 2012 Colombia Caravana’s monitoring visit to Colombia. What had been an optimistic start to the international delegation of 42 lawyers was marred by the continuing evidence of human rights abuses reported to the lawyers as they travelled to 11 different towns and cities in the

Human Rights

Colombian regions. Delegates met some of the key legal players, for example, Judges in the regional city of Cali, an auxiliary to the Judges of the national Constitutional Court, human rights defenders working with women and children in the North East, leaders of the indigenous peoples in Narino in the far south, and many more. Every delegate has an account of their interviews and meetings in each region.

CWHLS members Peter Burbidge, Past Presidents Jeffrey Forrest and me (Sara Chandler) were part of the delegation.

There was also a good contingent of young lawyers from CWHLS, law students from the College of Law: Sneha Ganguly, Natasha Lloyd-Owen and Ben Elliott, as well as Ben Newman from Birkbeck. At the end of our week in the regions we met back in Bogota to put our findings to different departments of the Colombian government.

I was part of a small team of four lawyers who were tasked with investigating the extent to which the human rights community were aware of the UN Guiding Principles on Business and Human Rights. The team visited a number of areas and met with lawyers representing indigenous peoples, afro-descendents and campesinos. All these communities had been affected by large scale mining, and exploration for mining, and palm oil plantations. Many had been moved off their land and some had lost family members who had been killed or had “disappeared”, a euphemism for people who are kidnapped and are never seen again, and their bodies are not found. The team wanted to know in what way the international legal community could assist. We were informed that providing amicus briefs for the Courts would be useful, as would training programmes which could be used with community groups by the lawyers.

I also visited Bucaramanga and met with the lawyers representing political prisoners, many of whom are trades unionists, including teachers. There was a national hunger strike in prisons going on while we were there, and consequently our prison visit was cancelled and we had to talk through a telecom between the prisoners and the lawyers. The strike was about prison conditions, which have deteriorated extremely because of overcrowding.

A big problem in the region around Bucaramanga was the disappearance of family members, particularly those active in community groups, and trades unions. Since 1977, 200,000 people have been “disappeared”; the Caravana had hoped that access to justice in forced disappearance cases would be aided with the passage of Law 1408 in August 2010. We heard testimony from family members that whilst the law establishes mechanisms for the location and identification of the disappeared, nothing has been done to implement it. Delegates were told that 99% of the cases of forced disappearance have not been fully investigated and that the DNA bank which should facilitate the recognition of bodies has not been set up. We met a widow, Albania Arias. When her husband’s body – missing since 2002 – was discovered on 14th August 2011 in a mass grave of 300 corpses, the prosecutors’ office refused to conduct an investigation as they did not have the resources to undertake the forensic analysis of that number of bodies.

Peter Burbidge has had a long standing relationship with the lawyers’ organisations which are establishing the much needed independent national bar association. Two weeks before the Caravana delegation arrived in Bogota there had been a conference of the emerging bar association. A commitment to build the bar association as an independent and inclusive organisation to represent and regulate lawyers was made. Delegates met with the President of the Supreme Court of Colombia who expressed concern that the Consejo Superior de la Judicatura (Superior Council of the Judiciary) is still responsible for initiating disciplinary proceedings against judges and lawyers, despite criticisms by the UN Special Rapporteur on the Independence of Judges and Lawyers that this body is open to political interference. Until an independent bar association takes over the regulatory role then this interference will continue.

Undoubtedly, lawyers need protection in Colombia. Since January 2013 there have been 7 lawyers killed, an average of one a month. The last to be killed was shot on Sunday 23rd of June, and was a young lawyer who had only recently qualified.

The Caravana has called upon the Colombian government to ensure protection for lawyers and judges, to investigate and prosecute perpetrators of threats, attacks and assassinations, and to cease the public denigration of judges and lawyers and instead to value their work by making statements in support.

Any reader who would like to read the report should go to www.colombiancaravana.org.uk.

PROFESSOR SARA CHANDLER, CWHLS

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Photographs

LEGAL CHARITIES GARDEN PARTY 2013

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Photographs

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Professional Practice

QUILL PINPOINT RESEARCH DEFIES NEGATIVE INDUSTRY TREND With regular, depressing news of law firm closures, it’s unsurprising that the just-published Annual Statistical Report by The Law Society shows a reduction in the number of private practice firms.

Many reasons are cited for this dwindling number of practicing law firms, including strong competition from rival practices and changes to costs and funding, which mean that firms are finding it ever harder to achieve favourable profit margins.

Pinpoint Interactive has contributed to our growth in turnover of 20% over the past 2 years”.

Further reinforcement is given by Matthew Bradley, Director at Bradley & Jefferies Solicitors Ltd, who outlines: “Our profit costs have increased consistently year after year… the cashiering service has undoubtedly played its part by limiting our outbound costs, and helping us to tighter control and better forecast our finances”.

However, in defiance of this negative industry trend, come the results of recently undertaken research by Quill Pinpoint on their Pinpoint Interactive cashiering service clients. The statistics show an average 25.4% increase in profit costs over a 3-year period, attributable in part to outsourcing their bookkeeping function. In monetary terms, that’s worth in excess of £100,000 per firm.

Cassandra Simpkins, Partner at Simpkins & Co Solicitors, concludes: “Using Pinpoint Interactive for cashiering responsibilities means my Partner and I can concentrate on providing excellent legal advice to our clients and we can keep a closer eye on other key areas of our firm’s business management.

The outsourcing service ultimately helps immensely with our long term aim of increasing profits and our firm’s continued survival in an ever challenging legal marketplace”.

The research results demonstrate how outsourcing back office processes can have a positive impact on business models because outsourced support is a proven way to improve profitability by reducing overheads, and offloading the responsibility of cashiering, reporting, forecasting and compliance. As an additional benefit, outsourcing is provided on a continuous service provision basis.

This supporting evidence shows how outsourcing enables firms to channel their energies on the essential tasks of legal services delivery and practice management, so that fee earning capacity can be increased, and managers have the business intelligence insight needed to grow their business. By being more productive in both of these business areas, firms can improve their competitiveness and profitability.

Supporting commentary for the Quill Pinpoint research is provided by Pinpoint Interactive client, David Foster, Partner at David J Foster & Co Solicitors, who states: “We’ve reduced our capital expenditure and overheads because we don’t need to employ accounts staff nor maintain hardware or software.

If you want to find out more on the Quill Pinpoint profit costs research project or request information on Pinpoint Interactive, get in touch by email at info@quill.co.uk, call their Manchester head office on 0161 236 2910 or visit their website at www.quill.co.uk.

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Professional Practice

THE ROLE OF MOBILE PHONE FORENSICS AND SOCIAL MEDIA ANALYSIS IN COMBATTING “CASH FOR CRASH” INSURANCE FRAUD TONY SYKES OF IT GROUP LOOKS AT THIS FIELD OF FORENSIC SCIENCE 25 YEARS ON. TONY SYKES, SENIOR PARTNER IN IT GROUP IS A CHARTERED IT PROFESSIONAL AND A CHARTERED ELECTRICAL ENGINEER. HE HAS TWENTY YEARS’ EXPERIENCE AS AN IT AND ELECTRICAL ENGINEERING CONSULTANT AND IS AN EXPERIENCED EXPERT WITNESS. IT GROUP PROVIDES A BROAD RANGE OF CONSULTANCY SERVICES INCLUDING INSURANCE ASSESSMENT, FORENSIC IT/TELECOMS/ELECTRICAL SYSTEMS EXAMINATION E-DISCLOSURE AND EXPERT SERVICES. WWW.ITGROUP-UK.COM Computer forensic evidence first started to be applied to serious crime in the mid 80’s when personal computers started to be used in greater numbers and criminals deployed PCs for fraud and other crimes. Today computer forensics is widely used across a much broader range of cases in both the criminal and civil arenas with crime still being the major area. The Police routinely seize computers, mobile phones and other electronic equipment when investigating a crime and then run specialist forensic software to preserve everything on the hard drives and other media. They are able to un-delete material and to piece together email and internet histories to check what the equipment has been used for and when.

In the Insurance Sector there is a growing need to analyse Personal Injury claims resulting for example from whiplash injuries sustained in car crashes. For many years there have been a growing number of fraudulent claims in cases where there has been a minor road traffic accident. Insured drivers and passengers have made claims in their thousands for whiplash safe in the knowledge that the wearing of a neck brace for a few days and the filling in of the right forms coupled with assistance from a “no win – no fee” lawyer usually results in a pay out of a few thousand pounds.

Cell site analysis is the simplest place to start. One or more of the claimants needs to give permission to examine their phone records. The phone records are obtained from the service provider and analysis will show which mobile phone masts handled any calls around the time of the alleged crash. Analysis of several phones involved may rule in or rule out communication between parties who may have claimed not to know each other. Full analysis of a mobile phone can retrieve deleted SMS text messages which may reveal connections between parties claiming not to know each other.

Similarly social media accounts such as Facebook can be used to check who is “friends” with whom and any communications between them.

In one recent case, the Sat Nav in one of the cars was analysed and data extracted to see if the car was at the location of the alleged accident. In a similar recent case a vehicle tracker was interrogated to establish time and location and some indication of actual speed.

Such cases are difficult to assess but in recent years more sinister, organised accidents colloquially known as “cash for crash” have been uncovered where groups of people organise a deliberate crash with an unsuspecting motorist and who then run up extortionate, disproportionate expenses for hire cars or repairs together with several claims for whiplash. A later development has seen two cars crash, each with four or five occupants all of whom then sue the driver of the car behind for whiplash and other expenses. All the people in the two cars “know” each other and the crash is staged. Variations on this theme include phantom crashes (that simply did not take place) or phantom passengers making claims when they were not even in the vehicle.

These organised “cash for crash” events require good high-tech forensic analysis.

As one of the oldest computer forensic firms in the UK, IT Group has a wealth of experience backed by state of the art equipment and software to guide insurers and solicitors in this difficult field.

Most work involves the analysis of mobile phones which are powerful computers in their own right. A combination of deleted content (SMS text messages, emails, call histories, contacts, etc.) with positional information extracted from wi-fi data buried in the phone or cell-site data obtained from the phone company provide a wealth of evidence not only to prove what the user of the phone did or where he was, but importantly in a suspected fraudulent insurance claim, where that person could not have been.

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Professional Practice

“LAWYERS ARE NOT JUST LAWYERS ANYMORE – THEY ARE CLIENT MANAGERS AND MARKETERS” PETER SLATTERY, REGIONAL MANAGER – LONDON AND THE SOUTH EAST, AT ALLIED IRISH BANK (GB), CONTINUES WITH THE THIRD PART OF HIS LOOK AT THE LEGAL SECTOR FROM A BANK’S PERSPECTIVE AND WHAT BANKS SHOULD BE OFFERING THEIR PROFESSIONAL CLIENTS. At the beginning of the year, we spoke to our client IBB Solictors about the challenges in the market, and how as the title of that piece suggested, “Good firms will always survive - properly run and properly managed”. The key to this was clear, law firms who are willing and able to react quickly to the changing environment have a better chance of sustainable growth. In the last piece we talked to Penningtons Solicitors LLP about the areas in which firms should be looking to their bank to support them, and how flexible solutions were important.

With this in mind, I thought we would look at one of our clients who we’ve helped through a complete restructuring of their business over the last few years, how they have gone about this and what the future holds for them.

RESTRUCTURE AND DIVERSIFICATION Four years ago, Healys were a two partner practice renowned for their property services. Now they are a seven partner LLP with two offices in Central London and Brighton and a growing international business.

The founding partners, John Healy and Marios Pattihis, quickly identified that given the economic environment and the way the market was changing, they needed to restructure and diversify their business in order to survive.

Following their conversion to LLP, the whole structure of the firm was changed to form five new business areas – corporate/ commercial, real estate, commercial litigation, private client and serious/catastrophic injury. Healys have also expanded their international business through their contacts in Cyprus as well as in China and the Middle East, where they have developed local alliances.

There were also changes at an organisational level with LEXCEL Accreditation followed by membership of the Law Society’s Conveyancing Quality Scheme – the mark of excellence for the home buying process. This involved lots of training, reporting changes and auditing as part of the rigorous assessment carried out by the Law Society.

Despite all of these fundamental changes, Healys LLP stayed profitable throughout and last year increased their fee income by 17%.

RELATIONSHIP BUILDING Dino Skinner, Managing Partner at Healys, took some time to explain the importance of financial support during this restructure and what the firm are working on now.

“During all of these positive changes in the firm we really needed the support of our bank. Fortunately, we have had a very good relationship with Allied Irish Bank (GB) for 6 years. They have been very supportive through what has been a difficult trading period and I knew that at any time I could pick up the phone and get a response directly from our Relationship Manager. Not only was the response always immediate, it was always a positive conversation. They’re receptive to our changing needs and think outside the box when providing financial solutions.”

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“Allied Irish Bank (GB) look after our full banking and provide us with funding when we need it – their online iBusiness Banking is also excellent. This relationship is consistent throughout the organisation and I never hear any complaints from my accounts team. For me, as a firm looking to grow – this is the level of service you should expect from your bank.”

“With this continued support, we are now looking forward to building on the growth we saw at the end of last year.”

As well as utilising their new structure to look at new sectors such as retail, hotels & leisure, business immigration and international work, Healys are particularly focused on strengthening a USP that is very close to our hearts – relationship building.

“In a very competitive environment it is important to constantly look to maintain and improve your USP. For Healys LLP this has always been around building mutually beneficial relationships with our clients – our clients are not just a file on a desk.”

“We succeed by understanding our clients’ objectives and maintaining a clear focus and in today’s environment, clients are particularly looking for value for money and transparency. The days of charging by the hour and presenting a figure at the end are gone. Our relationship approach means we understand this and we’re upfront about the cost of getting from A to B and do what we say we’ll do – this helps the client’s budget and helps to build trust which leads to referrals. Lawyers are not just lawyers anymore – they are client managers and marketers.”

“As part of our growth plan, we are investing in our training and development programme for all of our staff to ensure this relationship philosophy is at the core of everything we do at every level of the organisation. We’ve found that this not only strengthens our client proposition but also creates a more positive environment for our staff, who appreciate that investment in their development is recognition of their high performance.”

PARTNERSHIPS Last week I heard someone say that “doing business in today’s environment is all about partnerships” and Dino’s comments very much echo this, not only with regard to the relationship between the Bank and Healys, but also between the firm and its clients.

At Allied Irish Bank (GB) we like to feel like we’re part of our clients’ businesses, on the phone when they need us and always supportive in our conversations. We also look to refer our clients to one another and to our network of professional contacts. For example, where we’ve helped other firms grow they have reached a point where they have needed to change accountants to enable them to receive the level of support required by a larger business – we would facilitate meetings for them and get them set up with the right firm.

There is clearly a synergy between the way both Allied Irish Bank (GB) and Healys do business. Building mutually beneficial, long term relationships are at the core of both organisations at all levels – clearly this is a very positive thing.

PETER SLATTERY Regional Manager – London and the South East, Allied Irish Bank (GB) www.aibgb.co.uk With special thanks to: Dino Skinner Managing Partner - Healys LLP www.healys.com

Professional Practice

HAVE YOU CONSIDERED THE RISKS OF GOING CHEAP? However, faced with the fallout from the Lemma failure and the risk of 1,300 law firms and their clients being affected by the fall of the unrated insurer Balva, it has finally decided to act, and is now starting a review of the unrated insurance market. If Balva does eventually succumb to an insolvency event it will leave the firms it covers not only having to find a new insurer within four weeks but also the money to pay for the new policy; these firms are likely to be with Balva because of the attractive low premiums so one has to question whether they would be able to find the extra money for a new policy even if they could find a rated insurer willing to take them on.

Another unrated insurer has apparently thrown its hat into the ring as an option for Balva firms to consider, but could this just be jumping from one frying pan into another!

The professional indemnity insurance renewal season is now upon us and proposal forms are dropping through the door, but could your choice of insurer this year lead to it being your last year in business because you chose to go cheap?

The Law Society and Solicitors Regulation Authority have both issued warnings to law firms about the risks involved with choosing an unrated insurer, but many firms are likely to ignore these warnings and go with an insurer that offers the lowest rates even though this carries significant risks!

As mentioned above, firms choosing to place their business with an unrated insurer in 2013 could put themselves under the microscope with the SRA, but an added complication will come in October 2014, when in all likelihood the SRA will have concluded its review of the unrated insurance market and decided to ban them from the law firm arena. If this happens the firms going with unrated insurers in 2013 are likely to have real problems being able to get rated insurance at the 2013/14 renewal point.

So what are the risks with going cheap?

• If an insurer becomes insolvent during a term of insurance policy holding firms would be required to arrange alternative cover within a month and pay a second premium, likely to be at a higher rate due to the circumstances involved.

• If an insurer became insolvent after 1 October 2013 and new policies could not be secured firms would have to cease practice.

There are a number of messages that could be given out by firms going with unrated insurers, which regulators could use as a means of determining whether these firms need further investigation, for example: • Are the firm’s finances so precarious that it is not able to pay a rated insurer’s premium?

• Has the firm been rejected by rated insurers for being too high risk (high claims and/or complaints rates, no compliance plan or risk register, etc.)?

• Does the firm take risk management seriously if it is happy to expose itself to such a high risk, especially when clear warnings have been given?

Clearly, it is for firms to decide for themselves which route to go down, but if it is the unrated route it should not come as any surprise that the regulator may then come knocking wanting to know why!

Since the fall of Quinn and Lemma the SRA has been under pressure to take a more active role in assessing which insurers should be allowed to provide insurance to law firms, but until now has chosen to leave matters relating to the provision of professional indemnity insurance to the financial regulator.

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The SRA has announced a number of changes that will be implemented for the indemnity year starting on 1 October 2013, and these are: • Removal of the Assigned Risks Pool - firms that cannot find open-market insurance by 1 October will no longer be afforded cover through the ARP, and instead will have a 90day extension period with their last insurer. After the first 30 days, if no cover can be found, the firm cannot take on any new business and will be expected to focus on an orderly wind-down over the next 60 days.

• Alterations to the length of cover - for policies incepting on or after 1 October 2013 there will no longer be a requirement for policies to expire on 30 September. Firms will be able to negotiate any length policy they like, assuming their insurer agrees.

• List of insurers - as suggested by the Law Society, the Qualifying Insurers List will change its name to the Participating Insurers List. This is to remove any misunderstanding that the insurers involved have undergone any vetting by the SRA. Quite clearly firms have much to think about in relation to what is, one of their most costly business expenses, they cannot do what many firms have done to date, and think it is just a form filling and cheque signing exercise!

BY BRIAN ROGERS DIRECTOR OF REGULATION AND COMPLIANCE RILIANCE

Professional Practice

THE UK’S LARGEST DOG WELFARE ORGANISATION Dogs Trust (formerly the National Canine Defence League) was founded in 1891 “to protect dogs from torture and ill usage of every kind”.

Nowadays, we are best known for our famous slogan - A dog is for life, not just for Christmas®.

We have grown to be the largest dog welfare charity in the UK, with 18 rehoming centres, caring for over 16,000 stray and abandoned dogs every year. We never put down a healthy dog.

It is a shocking fact that over 118,000 dogs were picked up on our streets last year. Sadly, many of these dogs were put to sleep through no fault of their own. Our mission is to stop this tragic waste of life.

Situated throughout the United Kingdom, our rehoming centres offer

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everything abandoned dogs need to get them back on their paws again. We offer comfortable kennels, first class veterinary care, exercise facilities, and all the TLC that our canine guests deserve.

Most of our dogs are rehomed in a few weeks but those who need a little extra help will always be safe with us – thanks to our non destruction policy. We treat every dog like a beloved family pet.

Ensuring your dog’s happiness and security after your lifetime…

Many people worry about what would happen to their dog if they were no longer around to care for them. Our Canine Care Card scheme is a special free service that will guarantee peace of mind. By registering on the Canine Care Card scheme, Dogs Trust promises to be there to take care of your dog should the worst happen.

To find out more about the Canine Care Card call 020 7837 0006, email us at ccc@dogstrust.org.uk.

Professional Practice

MANAGING THE UNEXPECTED The estate administration process is full of twists and turns.

Most notable are the stories that stem from the uncertain territory of intestacy cases. As the family ties are investigated and the family tree is drawn up, it is very common to uncover surprises and secrets that have been concealed over the years and remained undiscovered for generations. Unearthing these previously unknown facts is precisely the sort of discovery that could complicate the work of the administrator.

When creating an accurate family tree, the experts will often draw on many research methods and sources of information.

They know that relying purely on internet held records may lead to vital facts being overlooked. Instructing these professionals means that traditional forensic methods, such as conducting enquiries with known family, friends and neighbours, may be employed. These help to build a more complete picture of the family, and identify those family members entitled to inherit.

When an elderly woman passed away without leaving a Will, solicitors were approached by a distant cousin of the deceased to administer the estate. She believed herself to be the closest living relative and entitled to claim on the estate. Upon investing his own time into researching the family, the solicitor believed that in addition to his client, he had identified more cousins who would be potential heirs. The case was referred to Fraser & Fraser, a leading firm of probate researchers who offer a free research assessment involving the appraisal of existing family

tree information. Their recommendation in this case was that more research should be carried out into several branches of the family as there were facts that simply did not add up. During the course of their research, they discovered facts that drastically changed the course of events. Through a combination of illegitimate birth and informal adoption, the shape of the family tree had altered dramatically; Fraser & Fraser identified and located new rightful heirs in place of those individuals previously found, who were not entitled to inherit.

These twists and turns are incredibly common in research tales and this case demonstrates the value of genealogical research in ensuring that rightful heirs are found. Without the expert assistance of Fraser & Fraser, it is possible that the administering solicitor might well have distributed this estate to family members who were not entitled; in turn putting themselves at risk of potential claims. It is clear to see that referring this type of case to the experts is a must. Although it is never too late to ask for assistance, there are clear advantages in taking this step at an early stage as the support you will receive can save you and the estate time and money.

JOHANNA LINES FRASER & FRASER Find who you’re looking for. Contact us: email: legal@fraserandfraser.co.uk tel: 020 7832 1430

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Professional Practice

DIVERSITY IN THE LEGAL SECTOR RILIANCE LAUNCHES FREE SURVEY TOOL IN CONJUNCTION WITH THE LAW SOCIETY Riliance has launched a FREE survey tool in conjunction with the Law Society to enable practices to collate and report on their firm’s diversity profile.

On the 8th of July 2013 the SRA announced new reporting requirements in this area. Firms are now required to complete their own diversity data and submit a report by 31st January 2014.

In close association with the Law Society, Riliance, the UK’s leading provider of risk and compliance software, has developed an easily administered and highly effective survey tool that will help all law firms regulated by the SRA meet this reporting obligation.

The Riliance Diversity module provides the necessary functionality to enable practices to: • Give all members of staff the ability to submit their details in a completely confidential and anonymous manner.

• Manage and collate survey results.

• Produce an over-riding Diversity report on their firm and the Law Society’s Diversity and Inclusion Charter.

• Produce a report that reflects the requirements and can be used as a basis for submission to the SRA. • Store diversity statistics securely for future years.

Mark Gidge, Chief Executive of Riliance commented, “Last year the SRA commissioned a third party to conduct a survey but in 2013 firms will need to collect data themselves. We have taken the view that if we can help practices to collect, collate and manage the data by providing a high quality product that is simple and free to use, it will remove a huge burden for them this year.”

“Riliance has a very pragmatic approach to business and we believe that our presence in the market is as much about our approach to helping firms as it is about the products we deliver. With close to 800 legal practices using our core risk and compliance product, the Diversity module is a natural extension to the software suite and we have plans to add several additional modules in the future.”

To access the Riliance Diversity product practices simply register at www.legaldiversity.co.uk or contact us on 01829 731200 for further details.

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Professional Practice

AN ICONIC LOCATION With a rich heritage dating back to 1904, the Lindley Hall is an impressive setting for your special event. This elegant, light-filled space with iconic glass vaulted ceiling creates a dramatic backdrop for any memorable occasion.

Whether you are hosting an intimate dinner, sumptuous banquet for 350 or drinks reception for 600, or conference you will find the expansive, uncluttered space flexible and versatile. Dressed and lit for maximum impact, the atmospheric surroundings of Lindley Hall will make a lasting impression on your guests.

As one of the largest uninterrupted floor spaces in Central London, the Lindley Hall is always in great demand by professional conference organisers. The Grade II listed building is a organiser’s dream boasting space for up to 500 delegates with state-of-the-art audio visual facilities, and an abundance of natural light.

Our experienced events team are committed to ensuring that your event reflects well on your organisation. Delicious food, sophisticated settings, and excellent service – our catering partners have got it covered.

Set in Vincent Square Victoria; the Lindley Hall is within easy walking distance from main stations. Victoria, St James’s Park and Pimlico stations are all close by.

The Lindley Hall first opened its doors in 1904 by H.M Edward VII and Queen Alexandra. It was the monarch himself who had first mooted the idea of the Royal Horticultural Society having its

own exhibition space for flower shows. This idea turned into one of London’s most sought after venues; an iconic film location, fashion week central, product launches with prestigious car marques such as Maserati and Lotus as well as a recognised political venue for conferences and question time. This really is a venue to inspire!

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Sub-committee Reports

LAND LAW AND CONVEYANCING SUB-COMMITTEE The principal matters for concern and debate at our pre-holiday period meeting reflected the incipient Finance Act anticipated for Royal Assent in mid July (now confirmed as 17th July) with its myriad provisions affecting property practitioners, in particular, the new rules regarding holdover and renewal leases, pre-completion transactions (previously subsales or transfers of rights), the new Annual Tax on Enveloped Properties (previously ARPT) and CGT on ATED affected properties and the additional reliefs available in respect of ATED and the new CGT charge extending beyond the limited relief previously available to property developers with at least two years’ trading history with such reliefs also being available to reduce the 15% SDLT charge to 7%.

Attention was drawn to the Marks and Spencer v BNP Paribas case providing welcome relief for tenants paying rent in

advance (to protect a right to determine) covering a period expiring after the determination date and entitling them to a proportionate refund but with a caution that this was decided on its specific facts and other decisions had prejudiced the tenants.

Attention was given to an article referring to a survey which found that 96% of commercial buildings in the East Midlands had unsuitable levels of property insurance. Being underinsured is a problem which should energise practitioners dealing with such buildings.

A second article re-emphasised the inadvisability of such practitioners participating as advisors in certain aspects of “tax planning” – a sensible reminder given the attention being paid by the government to tax avoidance schemes.

LITIGATION SUBCOMMITTEE The Litigation Sub-committee has noted with interest the Bar’s attempts at imposing standard terms of business.

Early reports suggest there is no uniformity between chambers either in terms of insisting upon the implementation of their terms or replying to solicitors’ firms’ correspondence seeking to agree alternative terms.

It remains to be seen to what extent chambers seek to pursue actual claims against their instructing solicitors.

SHAMS RAHMAN

ADAM MABERLY

JUNIOR LAWYERS’ DIVISION

INTERNATIONAL SUB-COMMITTEE

At the time of going to press there is nothing to report from the Junior Lawyers’ Division.

Please read the two articles written by Professor Sara Chandler on pages 6 and 16 to learn about the International Sub-committee’s recent activities.

LAW REFORM SUB-COMMITTEE RIGHTS TO LIGHT Should acquisition of rights to light by prescription – long unchallenged user – be abolished? This is a key question in the current study of the topic by the Law Commission. Present law is undefined and uncertain. The Law Reform Committee responded to the Commission’s consultation paper with a suggestion that there should be a radical change. We proposed that, where a structure with an existing right to light is materially altered or demolished, the new structure should not benefit from any of the prescriptive rights of light that benefited the old structure; and the surrounding structures, which may have acquired rights of light in relation to the old structure, should lose any such rights acquired by prescription.

An adjoining owner, faced with a development that may block his light, may seek an injunction to prevent it from being built, but sometimes may obtain only damages. We pointed out that under present law (in practice though certainly not in theory) there are two kinds of right. We labelled them as the ordinary right – the easement that may not lawfully be infringed, and the qualified right that may be infringed upon payment of

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compensation. Whereas a private home should obviously enjoy the full right, for many commercial uses good light may be desirable but will not be essential. In the latter situations a developer should be allowed to build if he pays compensation.

In litigation terms his neighbour should be entitled to compensation but not an injunction.

Whatever substantive law may be decided, effective court procedures will be hugely important. We believe that a developer should be able to obtain a court ruling in advance. He should bring the proceedings himself, usually for a declaration as to whether the particular building is lawful, or as to the damages payable. In all rights to light cases the general costs rule should be that the developer pays all the reasonable costs of all parties in any event. That would be fair, because they arise because of the development and should be treated as costs of the development.

ARTHUR WEIR

Sub-committee Reports

EDUCATION AND TRAINING SUB-COMMITTEE The summer lecture programme was very well received, and consisted of the following talks: • In May, we had a Commercial Property Update talk given by Russell Stone and Aiden Biggs, Ely Place Chambers, covering recent decisions in respect of conditional break clauses, commercial property options, underlease refusal and jurisdiction of the LVT. • The talk in June was given by Ben Shaw of Erskine Chambers, hot off the press, as they say, from the decision of the Supreme Court. Ben covered the practical consequences of the case for both corporate lawyers and family lawyers alike, and, in particular, considered whether assets may be “divorceproofed” in future by placing them within a corporate structure – or not!

• Then, in July, we were very fortunate to have Iain Miller of Bevan Brittan to talk to members about the SRA’s approach to the financial stability of law firms. This is probably the SRA’S biggest regulatory issue at the moment, and Iain, who has advised the SRA in relation to Halliwells, Dewey & LeBoeuf and Cobbetts, was well-placed to explain the SRA’s approach to these issues and what firms need to consider when assessing their own position. If you think this may not affect you, think again!

Continuing the theme of current changes that are of particular relevance for members, the autumn lecture programme will consist of lectures covering: • the new changes to employment law and practice; • an update on the Money Laundering Regulations; and • the property aspects of the Finance Act (such as Annual Tax on Enveloped Property, the extension of CGT to the disposal of High Value Residential Property, the relief from the 15% charge for the enveloping of High Value Residential Property, and the new rules for pre-completion transactions and those applicable to holdover leases).

Details are contained in this issue.

For 2014, we are planning an update on the Jackson Costs reforms as the January lecture, details of which are to be confirmed.

In addition to arranging the Society’s lecture programme, the Sub-committee has also been looking at the Legal Education and Training Review Report, which was published on 25th June 2013. The Report, which is some 370-odd pages but has been distilled into a much shorter executive summary, can be found at: http://letr.org.uk/the-report/index.html. The focus is now on what the regulators, and the SRA in particular, does with the Report’s recommendations. The SRA’s initial response can be found at http://www.sra.org.uk/sra/news/press/sraresponse-letr.page, and it is now developing a programme of reform to address a number of key issues, including: • the competence necessary for qualification and practice as a solicitor, and how best to ensure this has been properly demonstrated; • how to assure continuing competence, including Continuing Professional Development; • enabling greater flexibility in the delivery of education and training by avoiding unnecessary regulatory restrictions; • how to improve access, equality of opportunity and diversity; and • achieving the right balance of responsibilities between the regulators, education providers, law firms and legal professionals.

Key details of the programme of reform will be published by the SRA in a Policy Statement in the autumn. Prior to that, the Subcommittee will be meeting with the SRA at its invitation to discuss what the Society sees as key issues, and the potential impacts of potential reform to the education and training framework. The Sub-committee would be very grateful for input from members on this, and comments should be e-mailed to melissa.hardee@hardeeconsulting.com by the end of September.

MELISSA HARDEE

AUTUMN LECTURE PROGRAMME Date 16th September 2013 21st October 2013 18th November 2013

Topic Employment Law Update Money Laundering Regulations Update Property Aspects of the Finance Act

Speaker Simon Cheetham, Old Square James Ramsden, 39 Essex Street Chambers T.B.A.

Fuller details about the programme will be contained in the monthly e-Report, as well as sent to members by e-mail.

PROFESSIONAL MATTERS SUB-COMMITTEE We have noticed a recent tendency to allow very little time for consultations issuing from the SRA. Our concern was brought to a head by the recent SRA consultation “Exercising the statutory power to pay the cost of firm interventions from the Compensation Fund”. This consultation opened on 3 May 2013 and closed on 31 May 2013. This was an important topic and yet only 19 working days were allowed for consultation. The

One of our predecessor societies, The Holborn Law Society, obtained an undertaking with the Law Society some years ago that the usual consultation period would be at least three months, which would only be breached in exceptional circumstances, which would be set out and explained. We cannot argue that the SRA is bound by this undertaking. Our President will however suggest that it represents good practice, which the SRA should adopt.

President has agreed to write to the Chairman of the Board of the SRA (Charles Plant) to express our concern.

JULIAN AYLMER

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Book Reviews

A MODERN APPROACH TO WILLS, ADMINISTRATION AND ESTATE PLANNING (WITH PRECEDENTS) 2ND EDITION

MODERN LAW OF MEETINGS 3RD EDITION

2010. This, they say, can be blamed on ‘the torrent of recent case law, statutory changes in the law and the deluge of consultation papers’. They also mention the enactment of yet more anti-avoidance legislation which obviously emerges as a further obstacle to devising a tax avoidance scheme.

By Christopher Whitehouse and Professor Lesley King ISBN: 978 1 84661 519 1

The book therefore contains much new material which reflects changes in legislation, notably those incorporated in the Insolvency (Amendment) Rules 2010, plus new case law. In particular there are four new chapters which include notes for the will draftsman and the latest advice on, for example, gifts to charity and the reduced IHT rate, obtaining the Grant, and constituting and administering the will. In view of these numerous and recent developments, we would say that it is virtually imperative for practitioners charged with the tax-efficient drafting of wills, as well as other aspects of estate planning, to acquire this book.

By Nicholas Briggs, Christopher Brockman, David Impey and Olwen Dutton ISBN: 978 1 84661 554 2

Jordan Publishing www.jordanpublishing.co.uk

THE TAX-EFFICIENT WAY TO TACKLE ESTATE PLANNING AND THE DRAFTING OF WILLS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Wills affect everybody, (well, almost everybody), for death comes to all – and for every will there is at least one or more beneficiaries. It is fair to say, however, that the greater the value of the assets left behind to fight over, the bigger the tax burden and it is here that wills and taxation issues obviously overlap. This highly regarded work of reference, therefore, is just as relevant and useful for tax advisers as it is for practitioners specialising in the administration of estates and the drafting of wills.

According to the authors Christopher Whitehouse and Professor Lesley King, this new edition, published by Jordans, has ballooned in size by some forty percent compared with the first edition of

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The book is divided into three sections A, B and C which, respectively, cover the background law, drafting the will, and finally, administering the Estate (including establishing and running will trusts).

Within these broad categories, an astounding range of issues is examined, as you will note from the minutely detailed table of contents.

As the title indicates, the book is full of useful precedents, carefully chosen to supplement the narrative commentary and to meet those client needs that most commonly occur in everyday practice. The accompanying CD-ROM lets practitioners download and adapt each document for individual client requirements.

Reassuringly, there are extensive tables of cases, statutes, and statutory instruments, a table of abbreviations and two appendices which include interest rates payable on funds in court.

Here then, is a solidly reliable and readable work of reference that should be kept readily to hand by every professional involved in this technically challenging and fast changing area of law.

Jordan Publishing www.jordanpublishing.co.uk

MEETINGS, MEETINGS, MEETINGS! THERE OUGHTA BE A LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Meetings, as the authors of this book remind us ‘have ensured our survival as a species’. One cannot disagree there.

Human beings crave association and communication with one another, usually to share views, impart information, elicit support, change minds, make decisions, impose power, diffuse power, spread responsibility, share blame – and so on.

This distinguished legal text from Jordans, however, examines and explains – with outstanding clarity and insight – the law and practice of specific kinds of meetings, namely company meetings, insolvency meetings, local authority meetings and meetings convened to conduct business, including meetings of

Book Reviews

RESTRICTIVE COVENANTS AND FREEHOLD LAND: A PRACTITIONER’S GUIDE 4TH EDITION

limited companies, of creditors, of public bodies, and private associations.

client, around the dreaded difficulties presented by this form of complication.

The special value of this book is that it presents the law and practice of meetings in a clear, concise manner including convening, conducting and recording the meeting; in short, its general management. The importance of this subject in the conduct of business generally and to the wider economy, is reflected in the fact that this is the third edition of this volume since the publication of the first edition in 2005.

This new edition deals with a number of developments that have emerged since the previous edition was published in 2009. To cite just one example, the book refers to the running of both the benefits and the burdens of restrictive covenants by reference to the most recent cases on the subject, bearing in mind that almost any restrictive covenant will impose a burden on one party while conferring a benefit on another.

Much has changed in this area of law in recent years as the authors point out.

This new edition, therefore, contains much new material. The changes made to the original provisions of the Companies Act 2006, for example, are covered in detail, including the legal and practical consequences. The chapter on local authority meetings has also undergone a number of changes to reflect the impact of the Localism Act 2011.

Other new material includes that which deals with meetings of health bodies following on from the Health and Social Care Act 2012. Also it is worth noting the substantial amount of comment on electronic communications, namely in general meetings and in board meetings.

Quite rightly, the book has been described as invaluable for company and insolvency practitioners, as well as local authorities, company directors and company secretaries. Those doing further legal research to support client initiatives will appreciate the extensive tables of cases, statutes, statutory instruments, European materials and insolvency rules, as well as the three appendices. And for practitioners under pressure, the detailed table of contents and the lengthy index at the back make things much easier to look up.

Anyone concerned with law and best practice pertaining to meetings should acquire a copy of this highly regarded and up-to-date legal text in which the law is stated as at 1 January 2013.

By Andrew Francis ISBN: 978 1 84661 505 4 Jordan Publishing www.jordanpublishing.co.uk

THE DEFINITIVE GUIDE TO THE LAW OF RESTRICTIVE COVENANTS AFFECTING FREEHOLD LAND An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers For the practitioner, advising clients in the often fraught area of restrictive covenants calls for the highest possible standard of clarity – which fortunately this book supplies in plenty. Recently published by Jordans in a new fourth edition, the content of this authoritative and highly regarded book has been completely updated and revised, with the main issues affecting restrictive covenants dealt with extensively and in detail.

Distinguished by its clarity and practical approach, the book is a boon to practitioners needing to steer their clients through the pitfalls of property investment. Certainly property buying is problematic enough in the UK without the usually unexpected problem of a restrictive covenant raising its head. This book, therefore, is purpose designed to guide the practitioner and in turn, the

The author, Andrew Francis, also refers to a number of frequently asked questions concerning covenants. What, for example, do these covenants mean? Can they be enforced, or possibly removed, particularly in cases of infilling or ‘back land’ development? In these and any number of similar cases, the book functions as a guide to the rights and obligations attending these issues and the ways in which to deal with them.

The importance of this book – now an established title with inbuilt authority – looms even larger when one considers at least one of the statistics mentioned in the book’s introduction, namely, that the Land Registry figures produced for the Law Commission in 2005 revealed that out of almost 16.5 million registered freehold titles, 79 per cent (over 13 million) were subject to restrictive covenants! Astounding or what?

We have little doubt that practitioners involved in advising clients on property issues will positively pounce on this new edition of this definitive work – especially now that it comes with a handy accompanying CD-ROM. Those doing further research will also appreciate the copious footnoting and the more than thirty pages containing tables of cases, statutes and statutory instruments. And for the practitioner under pressure, the finely detailed table of contents, extensive index and seven appendices make it much easier to look things up.

Definitely this is a legal text every practitioner involved in property transactions should acquire. Andrew Francis has endeavoured to state the law as of 8 February 2013.

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Development

ARE YOU READY FOR A WORLD THAT NO LONGER EXISTS? So where do you go? What is the optimal professional development model?

Face-to-face training has the appearance of an answer here, with its easy access to experts, its offer of interactivity and its networking opportunities. Studies have shown that 95% of knowledge given in face-to-face training is gone, unless practised and rehearsed, within 48 hours. What that means in practice is that we get between one and three key take away messages, and consider it money well spent. Add this to the fact that it isn’t available when we need it and that the course we’re on was probably designed a year ago.

Our reality sometimes changes very quickly and we need to respond to that.

“Learners inherit the earth; while the learned find themselves beautifully equipped to deal with a world that no longer exists.” (@AmSundell) In a 2007 study, 54% out of 486 respondents claimed that they could not envisage the need for any more training to help them with their jobs in the next 10 years.

Let’s say that again. 54% said they couldn’t see the need for additional training because they already had learnt everything they need to know to do their job right up until 2017.

The world has changed a whole lot since then. The entire legal landscape, and to a large extent the industry, has changed too.

There are a reasonably large number of firms struggling, some have gone altogether and a lot of others, if they’re not careful, will be “beautifully equipped to deal with a world that no longer exists”. Does this apply to you?

During all this change, you try to equip yourself to deal with the new realities of the industry. You’re trying to meet SRA expectations and new client targets, reduce spend and maximise revenues. You don’t have time to waste on less than optimal training models and courses.

But you have to do something. At the very least, you need to maintain your practising certificates.

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I believe professional development online is the answer here, for a number of reasons.

• It enables us to learn what we need, when we need it and in the way we want to learn it.

• It’s flexible. We can ‘do’ it whenever we want. We don’t need to be at our desks; we can be at home, on the train or in a taxi. With the increase in mobile-enabled solutions, this is becoming even more possible.

• It can be produced more quickly. Meaning that a current issue can be disseminated broadly within days, rather than months.

• It can be very effective. We can learn skills, know-how and application techniques for the knowledge we’re gaining.

• It can be much more engaging. Online professional development producers are looking at how to best engage, motivate and help their users retain the knowledge, information and skills that are being taught. Different techniques are being used, different formats and different styles. Courses are aimed at appropriate levels, with appropriate lengths and best-practice delivery.

Of course, there is a lot out there that doesn’t meet these standards, and I think the online professional development producers now need to step up and provide highly effective and engaging solutions to meet the industry demands.

So to keep up with the changing realities, to stop ourselves being ‘the learned’, we need something to help us. Online learning has that capability. It has the ability to increase the confidence and competence of legal professionals and equip them for now and the future; in practice, in knowledge, in knowhow and in skills.

ANDY JONES HEAD OF PROFESSIONAL LEARNING SERVICES (SWEET & MAXWELL PROFESSIONAL DEVELOPMENT, THOMSON REUTERS) VISIT: legalpd.com EMAIL: trluki.legalpd@thomsonreuters.com CALL: 0845 026 8213