The Report - Westminster & Holborn legal magazine

The City of Westminster and Holborn Law Society

REPORT The

Summer 2015

THE NEW PLAY ABOUT LEGAL AID CUTS

BY OSCAR® - WINNER REBECCA LENKIEWICZ (cover story)

Inside this issue: › Celebrating Magna Carta › Focus on Probate › Cyber Security View our new website: www.thameswater-propertysearches.co.uk/TR

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

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THE INVISIBLE

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INTRODUCTION

6

COUNCIL MEMBER’S REPORT

7

LOCAL ISSUES

10 NEWS AND EVENTS

President: Hon Secretary:

Hon Treasurer:

14 PROBATE 20 PROFESSIONAL PRACTICE 22 CYBER SECURITY 30 CONVEYANCING 32 BOOK REVIEWS

Editor:

Administrator:

Michael Fletcher 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 020 7960 7115

33 MANAGEMENT The Report

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Introduction

THE PRESIDENT’S COLUMN THIS COLUMN MORE OR LESS MARKS THE HALFWAY STAGE OF MY YEAR IN OFFICE AS PRESIDENT OF THE CITY OF WESTMINSTER AND HOLBORN LAW SOCIETY. IT SEEMS IMPOSSIBLE TO BELIEVE THAT THE TIME COULD HAVE GONE SO QUICKLY. The principal event since my last excursion into print in this form has been the annual dinner of our Society held on 30th April in the ballroom of the Amba Charing Cross Hotel.

I was delighted to see so many members of the Society present with their guests, as well as welcoming the Society's own guests, the president of the Law Society Mr Andrew Caplen, and the presidents of the City of London Law Society, the West London Law Society, the South London Law Society, the Liverpool Law Society and the Birmingham Law Society. I was particularly pleased to be able to welcome my personal guest, Sir Terence Etherton, the Chancellor of the High Court, who gave a graceful and interesting speech in replying, on behalf of the guests, to the toast ably given by the Senior Vice President, Edward Macey-Dare.

My particular thanks to our administrator, Susie Hust, for ensuring that the evening went so well and the arrangements passed off so smoothly.

We have also had the pleasure of a "welcome drinks" function for new members of the Society, held by kind permission of the partners of Lee Bolton Monier-Williams at 1 The Sanctuary, Westminster. I am grateful to the Senior Vice President and the other members of the committee who made the time to come to that evening to "meet and greet" the 25 or so new members of the society who came along, and I am very glad to see that we have been able to recruit a good number of new members - you will recall from my last "Report" that one of my principal concerns during my year is to increase the membership of the Society as well as raising its profile amongst solicitors in Westminster and Holborn". I make no apology for banging that drum again now, as those who had the misfortune to hear my speech at the annual dinner last month will know only too well! We need to increase numbers and participation levels for the Society to prosper once more as it should.

Please, all of my readers, go out, recruit and endorse!

The partners of Lee Bolton Monier Williams were also pleased to welcome a number of

distinguished overseas lawyers to 1 The Sanctuary on 1st May for the conference arranged by the International Subcommittee of the Society on the 800th anniversary of Magna Carta; many of these guests had also been present as guests at the Annual Dinner the previous evening. More details of the conference appear on page 7.

Michael Fletcher, President

I was very sorry that pre-existing commitments prevented me from accepting the invitations of the Barcelona and Berlin Bars to attend their annual conferences earlier this year. I am very grateful to Sara Chandler, Jeffrey Forrest and David Morgan for stepping up to the plate and representing the Society at those events.

Forthcoming events include the London Legal Walk on 18th May, although whether this date will have passed by the time this issue of the "report" lands on your desks must be open to some doubt. I hope we would have found other ways of communicating these events to the membership. Slightly further distant, but definitely a date to be put in your diaries, is the Old Bailey Tour on 8th September further details to follow.

Something which is now being managed directly under the auspices of the Society is the Legal Charities Garden Party on 10th June, details of which will be found on page 27. The Senior Vice President and I hope to see as many members of the Society as possible there, with their guests, and to break all previous records for money is raised for these very worthy causes.

This column is penned just before election day; by the time it sees the light of day in cold print, the results of that election will presumably be known, with all that may imply for the country in general and our profession in particular.

DIARY June 10th

Legal Charities Garden Party Tour of Victoria Tour tbc

July 22nd

Committee Meeting Wedlake Bell

September 8th

Tours of the Old Bailey Dinner with other professions tbc

23rd

Committee Meeting LBMW

October 21st

Committee Meeting AGM Dinner with press tbc

MICHAEL FLETCHER

November

PRESIDENT

18th

Committee Meeting Wedlake Bell

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Introduction

COUNCIL MEMBER’S REPORT LAW SOCIETY COUNCIL 20TH MAY 2015 As Vice President, Jonathan Smithers chaired this meeting since Andrew Caplen was participating in the Lord Mayor's delegation to South-East Asia, promoting the legal interests of our members there.

This was the first Council meeting following the general election of 7 May. The Law Society has re-iterated its commitment to access to justice and its opposition to any weakening in the importance of human rights. We have issued a call for the new government to make justice a priority in order to make society fairer, strengthen our reputation as a global leader in the law, and boost our economy.

As expected, we are looking to establish a positive working relationship with the new ministerial team headed by Michael Gove, and with spokespeople for justice across the opposition parties also.

Council elections Elections for those Council seats where there are contests this year are under way - in Leeds and Surrey and in three nongeographical seats. On 20 May, Council heard of nine existing members re-elected unopposed, and three new Council members elected unopposed. The terms of office of new Council members start in July after the Society AGM.

The Law Society strategy Council members had the opportunity to hear an early read-out of progress on developing the Law Society's strategy. and to hear about plans for further work and consultation. Informed by communications with members including Gazette articles and social media question forums, the six key work streams are being developed along the following lines: • What value and benefits we should provide to the different groups of our members, using a more sophisticated understanding of our members to ensure we prioritise products and services appropriately • How we can persuasively differentiate solicitors from other legal service providers • How we can use legal education and training to help solicitors compete in the wider market, potentially strengthening the Law Society's role and ensuring greater consistency and higher standards • How we can improve on what we do for our members in the field of regulation, ensuring that regulation is proportionate and cost-effective and builds trust in the profession • How we should define the focus of our influencing work, based on issues that are important to our members • How expected future changes in the market and our wider environment will influence the options we develop.

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Further consultations will continue, and we are still on track for the new strategy to be signed off in October 2015.

Presidential year plan Jonathan Smithers, incoming Law Society President from July, highlighted the key elements of his Presidential year plan. The plan focuses on three key areas. These are the rule of law, including promoting the economic value of the legal profession to the country, and making full use of the Law Society's special UN consultative status to build collaboration with UN member states on human rights; access to justice, including the scope for using technology to fill gaps in provision; and conveyancing and land law, where it is important to enhance public appreciation of solicitors' role in property transfer.

Presidential update Council had an update on Andrew Caplen's activities as President since the last Council meeting. In additional to a full programme of visits to members and local law societies across England and Wales, these included: • Access to Justice - participating in a round table on access to justice arranged by the Gazette focusing on civil law aspects, and co-signing a letter to the Times calling on government funding for medical reports being used as evidence to obtain legal aid in domestic violence cases • Rule of Law - including hosting the Graham Turnbull essay prize-giving in April, for which students submitted essays addressing how proposals on withdrawal from the European Convention of Human Rights could impact on the protections of human rights in the UK and across the world.

Representing, promoting and serving the profession Significant work reported to Council included: • The campaign - continuing following the election - against the increases in court fees • Active monitoring and lobbying in relation to the additional charges now required of convicted defendants • The work of the Equality, Diversity and Inclusion Committee, including proactive work to enhance the diversity of our volunteer community, reforms to the Diversity and Inclusion Charter to make it more stretching for larger firms and less burdensome for smaller ones, and regular diversity forums and networking events. A number of ongoing priorities were identified for 2015-16, including the reinvigoration of Equality Impact Assessments in decision making at the Society • Continuing review of CQS operations with a particular focus on reducing the number of outstanding applications, and work with Nationwide to ensure that the Nationwide panel becomes CQS accredited • A joint seminar with the SRA and representatives of insurers and brokers to discuss Professional Indemnity Insurance • A programme to enhance the Law Society's Customer Relationship Management (CRM) system to ensure we can manage our interactions with current and prospective members and key stakeholders.

by NEHAL VASANI President of West London Law Society.

Local Issues

CELEBRATING MAGNA CARTA IN CWHLS STYLE

by Professor Sara Chandler, Past President CWHLS, Joint Chair CWHLS International.

ON 1ST MAY, 1 THE SANCTUARY, OFFICES OF CWHLS PRESIDENT MICHAEL FLETCHER’S FIRM WAS THE LOCATION FOR AN EXTRAORDINARY EVENT. 25 LAWYERS FROM EUROPEAN JURISDICTIONS, ALL MEMBERS OF THE FEDERATION OF EUROPEAN BAR ASSOCIATIONS (FBE), JOINED CWHLS MEMBERS IN AN INTERNATIONAL SEMINAR ON THE RELEVANCE OF THE MAGNA CARTA TODAY. Jeffrey Forrest opened proceedings and introduced our keynote speakers, Andrew Caplen, President of the Law Society of England & Wales, Susan Reynolds, renowned historian, Cecil Quillem, US Attorney, Carmel Adell, from the Barcelona Bar, and Michael Auer, President of the FBE. Andrew Caplen was clearly devastated at how much access to justice had been lost in cuts to legal aid which threatened the principles of Magna Carta. “To no man will we sell, to no one will we deny or delay right or justice”, clause 39 of the charter was quoted by most speakers. Cecil Quillem quoted from the American Declaration of Independence and Bill of Rights showing the parts rooted in the Magna Carta. Susan

Reynolds gave a vivid picture of the path of history and acknowledged that back in the days of King John no country believed that people should have equal rights. Hierarchies were what everyone believed in, so that the monarchs provided stability. The barons challenged King John because they were unwilling to be taxed so heavily for his foreign wars.

Carmel Adell took up the theme and explained the history of the foundation of the rule of law in Castillo y Leon. Michael Auer contributed as former President of the Vienna Bar and also as President of the FBE, explaining the position of the FBE on the rule of law, access to justice and the defence of human rights, in relation to the European Union and various directives. He referred especially to the field of internet rights to privacy and data protection in the face of international terrorism.

Sara Chandler rounded off the seminar explaining the relationship of CWHLS to our twinning partners, the Berlin Bar and the Barcelona Bar. These relationships have been flourishing for many years and have given rise to many joint activities and reciprocal arrangements. An important

benefit is the commercial networks which we are building through the CWHLS database of solicitor members and European lawyers.

Database members can access contact details when they need a lawyer in another jurisdiction. This is particularly helpful in cross border work. She thanked the sponsors of the seminar, Lee Bolton MonierWilliams for their hospitality, Slater Gordon for lunch and Linklaters for the afternoon session. Following lunch the delegates went to the British Library for an interesting visit to the Magna Carta exhibition.

The delegates came from Barcelona and Berlin, Antwerp, Luxembourg, Vienna, Krakow, Posnan, Opole and Wroclaw, Amiens, Cluj and Bilbao. It is a tribute to the language skills of FBE members that the whole proceedings were conducted in English.

Members of CWHLS International will be going to Bilbao in May, Berlin in September and Krakow in October. New members are welcome, please contact sarachandler.lawsociety@gmail.com for more details of our European visits, and join the committee as soon as you wish.

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Local Issues

THE LAW OF / IN FOREIGN PARTS SOMEONE JOKED AT THE LAST COWHLS COMMITTEE MEETING THAT I ALWAYS SEEMED TO BE “TRAVELLING TO FOREIGN PARTS”, A COMMENT WHICH I CONCEDED WAS NOT TOTALLY UNJUSTIFIED, ESPECIALLY NOW THAT I AM RETIRED. I NEVER REALLY PRACTISED IN INTERNATIONAL LAW BUT MY CLIENTS OVER THE YEARS DID ASK ME TO HELP THEM FROM TIME TO TIME OVERSEAS; I DEFENDED SEVERAL SOLDIERS IN COURTS MARTIAL IN GERMAN (IF YOU CAN COUNT THOSE) AND I ATTENDED SEVERAL CONFERENCES THROUGHOUT EUROPE ON BEHALF OF COWHLS AND THE LAW SOCIETY. IN ADDITION TO THOSE, I

by DAVID MORGAN INDULGED IN HOLIDAYS ABROAD, MOSTLY FOR SKIING, AND, AS A PROMOTER OF STEAM RAILWAYS, TRAVELLED ALL OVER EUROPE TO SUPPORT FOREIGN COLLEAGUES. FURTHERMORE, AS A TA SOLDIER FOR 32 YEARS, I PRACTISED “KILLING THE ENEMY” IN FAR AWAY PLACES LIKE CYPRUS, DENMARK, GERMANY AND NORWAY; I WASN’T VERY GOOD AT IT AS I DON’T THINK THAT I KILLED A SINGLE SOUL. However, I should start at the beginning.

My first ever trip abroad was, I think, in 1950.

My grandfather had decided to take all the family to the Costa Brava by car accompanied by their butler and cook, a married couple, as we were all staying in an annexe to an hotel in San Felica run by an Englishman. In those days we needed a visa to enter Spain (hard to imagine now) which was still led by Generalissimo Franco. My grandfather, himself a general, regarded Franco as a beastly Fascist mountebank, an upstart if ever there was one. Despite this, Spain beckoned and my grandfather sent off visa applications for all ten members of the family, plus the servants. Three weeks passed without a reply - not even an acknowledgement - when out of the blue, he received a personal letter from the Generalissimo himself. “My dear General”, he wrote, “of course you can have visas for yourself, all your family and retinue, but I cannot allow you to pay for them. You must come as my guests.” Immediately the Spanish leader was converted from being a beastly fascist dictator to a “jolly good chap”. I had the temerity to ask my grandfather how this new description could be applied to the man he had so strongly denigrated only the week before. “Well”, he said, “he could have invaded Gibraltar during the war but never did, so we should be grateful”.

So off we went, in a convoy of four cars, led by grandparents in their rather elderly Humber. My grandfather would as a matter of principle never drive a car in which he couldn’t wear his top hat. The fact that he never did was neither here nor there and indeed he broke this rule for his last car, a Jaguar. Of course in those days, there were no motorways in France (unlike Germany), so the convoy was booked into three town centre “Grand Hotels” in France which enjoyed the advantage of a covered garage adjoining them. In case this sounds like an excerpt from a “Dornford Yates” novel, we were not members of the glamorous aristocracy, but more of “the shabby gentility”. So much for my first, if somewhat unreal, holiday abroad.

There followed a number of skiing holidays in Austria, usually staying in an hotel annexe,

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often a villager’s private house. The first, in Saalbach, was the policeman’s house great, he never locked up at night, so no curfew. The second in Lech was the priest’s house. We were asked not to take a bath in the evening - problems with hot water, he said - but to bath in the morning. It was only at the end of our stay that we discovered the real reason - he slept in the bath so that he could rent out his own bedroom. We formed a great attachment to St Anton where the railway ran through the centre of the village.

My father had persuaded my mother to pose for a photograph on the “balcony” of one of these carriages with open platforms at each end. Suddenly, with a lurch the train set off at some speed, much to my parents' horror, made worse when my father discovered that the next stop would be in Soviet occupied Austria. Fortunately, our ski guide was standing next to my father, grasped the disaster that was about to happen, ran after the train and leapt on board, realizing (correctly) that my mother was unlikely to speak any German let alone Russian. A few hours later they were both returned intact by some highly amused Russian officers who assured her through the gallant Austrian guide that she could tell all her lady friends that they would be very welcome if they decided to do the same; it has to be said that my mother was a pretty woman.

Anyway to revert to matters more serious and to put “childish things” behind me, this article was supposed to show “adventures abroad” can form part of an interesting and rewarding career in the law. In fact, part of my decision to become a solicitor had been my experience working in a refugee camp for Hungarian boys in Austria, coupled with four visits to see 27 of their families in Hungary, still under Soviet domination. On meeting their parents, as well as the boys themselves, I realised what few, if any, rights they enjoyed. This may sound a little trite but I can truly say that the feeling was etched into my mind. Three or four years ago, I was asked by the then President of the International Bar Association (IBA), who was himself Venezuelan, at a lunch hosted by the Barcelona Bar why I, whom he presumed (rightly) to be a conservative lawyer, was so supportive of human rights and the Columbian Caravanna in particular. “Well”, I

replied, “I never considered human rights to be the monopoly of the left” and I still feel that way.

During one of my visits to Hungary, I was arrested on suspicion of smuggling science books out of the country. I was thrown into a police cell. Not long afterwards, I was taken to an interview room to meet a lawyer.

“Now,” he said, “despite what you may have heard, anything you tell me is protected by the law of confidentiality (or professional secrecy).” As he said this, he was writing on a piece of paper which he showed me as he finished speaking. “Believe that if you like”, pointing at the microphone underneath the table. Surveillance and breach of professional confidentiality is nothing new.

My experience, though, was enough to convince me that I never wanted to live under such a regime and was part of the reason I became a lawyer and joined the Territorial Army.

My early years with Slaughter & May, where I was articled, did not involve travel overseas (please note: this is a peculiarly British expression as it covers all foreign travel, the UK being an island). However, in 1973, I joined the firm of R. A. Roberts, which was really an in-house department of Union International, a company owned by the Vestey family. As the name suggests, the group included a number of companies operating abroad. This resulted in a number of trips to continental Europe to instruct local lawyers to institute or defend proceedings, including actions in the European Court of Justice. These actions brought home to me many of the basic differences between our common law and civil law, where the presiding judge takes a far greater role in the investigatory part of a trial. Conversely, my experience gained in those cases revealed the many similar aspects of the differing jurisdictions. Those could prove seductive as often there are subtle distinctions. The rule of legal privilege and confidentiality is similar to Roman Law (Civil Code) on professional secrecy but not identical. For example, clients in England or Wales can usually waive their right to confidentiality but that is not always the case in Civil Law which often regards it as “God-given” and outside the client's power to waive it.

Local Issues However, it was after I joined the Grays Inn firm of Wright Son & Pepper that my involvement in legal matters abroad developed. Mr Wright Senior, who had died long before I joined the firm, had been one of the Founders of the Holborn Law Society and his two sons, who were Senior and Managing Partners respectively, asked me to join its committee as they both lived outside London. This in turn resulted in me attending the biennial meetings of the Federation of the Bars of Europe (FBE). In due course, I was invited to stand for Vice-President, later becoming its President in 2002/2003, and COWHLS hosted its AGM in London in 2002. My term of office coincided with the setting up of the International Criminal Court (ICC) in the Hague and also the establishment of an International Criminal Bar (ICB) in the Netherlands with a French speaking Canadian lawyer from Montreal as Founding President, Elise Groulx, and the Batonnier of the Paris Bar, Jean-Paul Iewens, as co-President, who drove forward its formation with a working group which included the Dean of the Dutch Bar, Jeroen Brouwer, who acted as Secretary. They convened a convention of all interested lawyers in Berlin to approve a constitution and to elect a Board of Management to consist of 41 lawyers.

This met in a huge hotel in what had been “East Berlin”; 553 lawyers from all over the world attended including some Americans and Russians, even though their countries had not signed up to the Statute of Rome creating the ICC. There were some meetings of working groups the day before the General Assembly and I was asked by the Secretary whether I would act as Chairman of the Electoral Commission, since I was not a criminal lawyer and not standing for election. As such, I was to supervise the elections. Thinking that this was to be a mere rubber stamp job, I readily agreed.

However, problems sprang up before I had even started. On my way into the vast meeting hall, the amiable Dutch Secretary confronted me with a draft resolution which had just been presented to him by two lawyers attending the meeting, condemning the US Administration and the UK Government for invading Iraq three or four days earlier. I took the paper from him, wondering how I should deal with it.

When I mounted the podium, I decided to explain to the gathering who I was and the role I had agreed to play. Before starting, however, I told the meeting of the existence of a draft resolution and that I would put it to the meeting as to whether they wished to debate it but that I was opposed to such a debate for reasons I would explain and that if they thought I was wrong they could howl me down. I read out the resolution and then detailed my reasons for opposing it: 1. The invasion had only taken place a few days before, so that delegates would not have had time to consult with their own bars on how to vote, especially as the resolution had only just been submitted.

2. The proposed resolution was outside this new organisation and anyway such a

debate would delay discussion on the proposed resolution and Board election.

3. More importantly, what impact would the adoption of such a resolution have on future accused brought before the court if they knew that the body to which their lawyer belonged had passed the resolution condemning the action in which they had participated.

4. On a personal basis, I felt very uncomfortable at being a party to such a resolution when, as a TA officer, I had several former colleagues fighting in this war and therefore I would probably feel obliged to withdraw.

“I now invite those who think I am wrong to raise your hands”. Six hands, including those of the two English barristers who had proposed it, went up. “And those who agree with me?” 447 hands went up, including all the Arab lawyers.

The election was held and 40 seats filled but there was a near tie for the 41st and last seat. Furthermore, the English speaking Canadian candidate accused his rival, a Croatian lawyer, of having broken the rules as she had registered as a member of the Paris Bar; she and the Batonnier of Paris hotly denied this.

Having sought and got a unanimous vote of confidence at the beginning of the proceedings after the resolution fiasco, I was really the only person with the authority to sort it out and the meeting agreed that I should investigate the complaint, which involved visits to the Hague and Paris. The Batonnier of Paris I found enthroned in splendour in a regal chamber at the top of the Palais de Justice on the Ile de la Cité.

“Ah, David,” he said when I entered, “I am very disappointed that you have seen fit to investigate us”. “And,” I replied, “I am equally disappointed that you might have cheated, but,” I said, “I shall be scrupulously fair and, after all, if I find you innocent, everyone will believe me.”

He had arranged that I interview all the relevant witnesses in the Maison du Barreau immediately behind the Court house.

Afterwards, he had arranged a lunch with the Bar Council, all of whom, much to my surprise, spoke perfect English. In the event, I ruled against the complaint for good reason, which was completely accepted by the Canadians but, I hasten to reassure readers, it was not because of the charm offensive waged over lunch or the unexpected reception hosted by President Chirac.

I wrote a 53 page award, which the ICB Board asked me to deliver at their first meeting at the United Nations in New York, presided over by Prince Hassan of Jordan, who was President of the ICC. The mix of statesmen, diplomats, lawyers, journalists leant a heady atmosphere to the proceedings and there was quite a buzz about the place.

reply. “And anyway, not living in New York, we are not in a position to organise one.”

I have to admit that I thought this was rather a weak excuse and persuaded American friends of mine, who are neighbours of Mayor Bloomberg with an apartment to match to host the reception, which was hugely successful with the great and the good, including Prince Hassan, Kofi Annan and his Swedish wife and countless ambassadors attending.

That was not the only bone of contention I had to deal with. Wearing my FBE hat, I had attended a presentation by Bruno Catalha, the Registrar of the ICC, in Trier. During his talk he revealed that he and the ICB were not talking to each other. This was not good.

“So what,” I asked, “would it take to start a dialogue?” “Their apology” he replied.

Knowing that they were about to hold a meeting in Montreal, I flew out and told them of my discussion and the need for an apology. “Jamais” (never) was the immediate retort. “Are you telling me that your pigheaded pride is going to stop you from saving this organisation from oblivion?” Led by the French, they stuck to their guns. I was appalled and in a show of exasperation strode out of the room. Unfortunately, the door I chose merely led onto a balcony from which there was no escape - and it was very cold - 45° C/F, the same on both scales.

Fortunately for me, my face was saved by the fact that over half the Board followed me onto the balcony. After a demonstration by one of the Canadians of how a hot cup of coffee would change into snow if thrown into the air, the French capitulated on the surprising proviso insisting that I drafted the apology.

Seeing the split, I co-opted two lawyers who supported my views and two others who supported the French view to draft the apology. The end result was a rather weak apology but they wanted to “engross” it and get more signatures, which would delay its delivery by a week. Two days later, I flew home and immediately arranged to meet the French Registrar, Bruno Catalha, and his French-speaking Belgian assistant at the ICC in the Hague later that week.

I told him what I had done and “while” I said, “it’s not perfect, you would do me a great favour if you accepted it with good grace.”

He agreed and invited me to lunch. I could not help commenting during the meal that it was quite droll that it had taken an Englishman to make peace between a Quebecquoise and a Parisian on the one hand and a French Judge and his Francophone assistant on the other.

“But that, my dear David, is why I enjoy speaking English.”

However, my new found lawyer friends had no idea of networking and I was horrified to discover that they were not holding any type of reception. “We have no money” was the

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News & Events

CWHLS SOLICITOR TO REPRESENT LAWYERS AT THE HEART OF EUROPE CWHLS and its predecessors have been members of the FBE for over 20 years and in 2002 we hosted one of its plenary meetings and conference in London when I was its President. The close links have been further cemented by the election to its Presidency of Professor Sara Chandler, a member of CWHLS managing committee and the Law Society Council on 16th May 2015.

The FBE (Federation of European Bar Associations) was set up in 1992 to represent lawyers in our dealings with European institutions. English solicitors will be familiar with European directives, for example that on Money Laundering and will recognise the need for the views of ordinary solicitors to be represented on such matters.

The FBE has its head office in Strasbourg, home of the European Court of Human Rights. The defence of human rights is an important part of the work of the FBE, building on the commitment established in 1948 with the signing of the Universal Declaration of Human Rights in Paris.

In May, Professor Sara Chandler, past president of CWHLS, was elected at its general assembly in Bilbao to the FBE Presidency, as 2nd Vice President and in 2017 will be the President. She is the fourth English solicitor to be elected to the Presidency and the first woman, shattering a

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European glass ceiling and opening the way for more participation in leadership roles by female lawyers from bar associations and law societies from all over Europe.

The FBE has grown from the original 30 major bar associations and local law societies to over 200 member organisations today. Its influence is made through the hard work of its members in the Presidency and the Commissions which undertake programmes on specific matters, such as Access to Justice, Ethics, Human Rights, Legal Insurance, Education and Training, Future of the Profession and others. There are two Congresses a year when members work on the most significant issues challenging lawyers, and through the discussion and debates lawyers are able to appreciate different European practices and discuss them within a European perspective.

Sometimes there are issues which affect many member states, such as the withdrawal of funding for legal aid. Members are trained in the legislation, practice and procedures of other member states, giving them a wider perspective to their own practice, and enabling cross border work. At the present time some member bar associations are being trained in the Help programme on how to bring human rights cases in Strasbourg.

Over the years the FBE has helped to support the rights of lawyers who have been prosecuted in their own countries on the grounds of religious or political beliefs or who have been detained, attacked or even killed because they were defending the rights of their clients. The FBE has lobbied governments where attempts are made to suppress lawyers’ organisations, to persecute the representatives of bar associations, or to limit their independence.

An important benefit of FBE membership is the commercial networking which occurs at congress, and the collegiate feeling of having members in many European countries whom you can contact when you need to. The FBE organises the congresses in different cities every year, and the members get to know some of the most beautiful cities in Europe over time.

The next Congress of the FBE will be held in Krakow, Poland, which is itself a UNESCO Heritage site, from the 8th to10th of October.

Further information is available from the CWHLS International Committee via CWHLS Administrator Susie Hust.

by DAVID MORGAN

News & Events

PROFESSIONAL MATTERS SUB-COMMITTEE ONCE AGAIN WE HAVE CONSIDERED VARIOUS CONSULTATIONS, REGULATIONS AND ANNOUNCEMENTS BY THE SOLICITORS REGULATION AUTHORITY (SRA). THE MOST IMPORTANT ONES WE NOTED ARE SET OUT BELOW. 1. We considered the Consultation: “Separate Business Rule”. This appears to be driven by the advent of Alternative Business Structures (ABSs), and the need to have a level playing field between them and traditional practices. We understand that the Legal Services Board is pushing this agenda. Basically we are unhappy with the whole idea of solicitors operating a separate unregulated business. Solicitors at present are regulated in all their professional activities, and to a certain extent in their private capacity where that affects the good name of the solicitors’ profession. In our view that should remain the position for all who wish to practise under the label of solicitor. The SRA should not be restricting itself to regulating only reserved business activities.

However we are where we are, and there are problems with the existing separate business rule, which lacks clarity. Whilst solicitors would still be bound to act in their clients’ best interests, we have tentatively suggested that there should be a rebuttable presumption that they had not done so if they referred a client to their own unregulated business.

2. We also responded to the Consultation: “Reporting Accountant Requirements”. I largely dealt with our reaction to this in the last Report. Whilst we have serious concerns at the SRA’s decision that accountants’ reports do not need to be lodged with them unless they were qualified (and remain surprised that it should cast doubt on the need for an external audit of client account), that is a done deal. In general terms the suggestion of leaving more to the professional judgment of the accountants appears to us to be sensible, subject to one major reservation.

Currently the only qualification required for accountants conducting audits of solicitors’ accounts is that they are authorised to conduct an audit. We think that there is a case for requiring a specific

qualification to conduct an audit of a solicitor’s accounts, which is very different from that of a company’s accounts.

3. Following from the concerns expressed in the last Report, we were pleased to note the SRA’s announcement “Regulation of consumer credit activities” (updated on 30 March 2015). This greatly mitigates what might otherwise have been the effect of ending the group licence granted by the Financial Conduct Authority to the Law Society (but administered by the SRA) under which SRA authorised firms could undertake consumer credit activities set out in the group licence. The announcement makes it clear that transitional arrangement have been extended until 31 October 2015, with the possibility of further extension. Two important concessions had been made. Solicitors will not need separate authorisation from the Financial Conduct Authority if they undertake debt collection for clients, or if they allow clients to pay their bills in up to 12 instalments. Both concessions are good news for solicitors. This demonstrates that proper representations (including our own) can sometimes achieve something.

4. We noted the SRA’s Spring Update of the Risk Outlook and a guidance note on abusive litigation.

Abusive litigation includes making improper threats, bringing cases wholly lacking merit (of which some immigration cases had provided examples) and misleading the court or one’s opponents (including not disclosing documents which damaged the case of one’s client).

5. Version 13 of the Handbook came out on 1 April.

Two points in particular were noted from the briefing notes issued by the SRA: (i) “A new Outcome has been inserted into the SRA

Code of Conduct 2011 which requires firms to assess and purchase an appropriate level of professional indemnity insurance." The concern is that this is part of the SRA’s attempt to reduce minimum cover to £500,000. We have expressed our opposition to that, not least because the additional premium to obtain an extra £500,000 or more of cover is proportionately low, whereas obtaining it for a one-off case is likely to be prohibitive. Small firms could be caught out if they are approached to undertake a larger than normal transaction. If they face a claim well in excess of their insurance cover both they and their clients will suffer; and disciplinary action will not help either of them. (ii) “Regulation 3.1 has been amended to enable solicitors to voluntarily adopt our new approach to ensuring ongoing competence from 1 April 2015. This removes the requirements on solicitors to undertake 16 hours of CPD and can ensure their ongoing competence by reflecting on the quality of their practice and addressing identified learning and development needs. A consequential amendment has been made to the guidance note.” The worry is that the SRA are linking this to Rule 5 and may make any negligence a disciplinary offence by arguing that a solicitor has failed to achieve the required competence. This could lead to unfairness and an erosion of the important distinction between negligence and professional misconduct. Errors of judgment or negligence should not be treated as misconduct unless these are glaring or persistent.

by JULIAN AYLMER

LAND LAW AND CONVEYANCING SUB-COMMITTEE AT OUR RECENT MEETING WE DISCUSSED A NUMBER OF RATHER DRY MATTERS, UNINSPIRING BUT OF PRACTICAL RELEVANCE TO THOSE INVOLVED IN PROPERTY, SUCH AS: 1. CGT - as from 5th April 2015 gains by non-residents on the disposal of UK residential property will be subject to capital gains tax. Pre 5th April gains are ignored so valuations as at that date are recommended for record purposes.

2. Energy Performance Regulations and Construction (Design and Management) Regulations both 2015 - amendments to both sets of regulations came into effect from 6th April 2015. The former introduce minor amendments to the pre-existing regulations but these include a welcome clarification to the effect that it is the obligation of the "relevant person" i.e. the seller, prospective landlord or their agents, to ensure that the energy performance indicator of the building is included in any commercial advertisements of the property for sale or rent. The latter affecting all construction contracts save for a few minor exceptions replace the existing regulations.

3. The Deregulation Act 2015 - was enacted on 26th March 2015 and provided inter alia some comfort to landlord who had granted a fixed term assured shorthold tenancy prior to 6th April 2007 (when the tenancy deposit scheme came into force) with a deposit and that tenancy had become a statutory continuation tenancy after that date in that he would not be prejudiced if he protected the deposit and provided the prescribed information by 23rd May 2015.

administration fee was £50 and the individual transaction fee £20.

6. It is probable that further legislation will be introduced which will place greater pressure on lawyers and other professional advisers not to participate in revenue avoidance schemes given the increasing tendency to treat avoidance as equivalent to evasion.

by ADAM MABERLY

4. RICS Common Auction Conditions - it was noted that a new edition of these conditions was in preparation. Practitioners needed to take note as and when promulgated.

5. VEYO - the Law Society's comprehensive conveyancing portal is scheduled for launch shortly. Registration was considered advisable so that firms could consider whether to join up as and when full details were available. The proposed annual

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News & Events

THE JUNIOR LAWYERS DIVISION CWHLS IS RE-ESTABLISHING ITS JUNIOR LAWYERS DIVISION (THE JLD).

In our experience, the JLD provides a valuable opportunity for newer members of the profession to improve their networking skills in an informal environment, receive training which is targeted to their needs and meet other lawyers who are undergoing similar career experiences. Arguably, this is particularly useful for members of smaller firms but we consider that all lawyers can benefit from making contacts across the profession.

Membership of the JLD is open to lawyers and those working within the legal profession with up to five years post-qualification experience (or equivalent), including law students and trainees.

Our first JLD event of the year will be a casual drinks event scheduled to take place in early October in order to welcome trainees and newly qualified solicitors as they start in new firms.

We have been liaising with potential sponsors and have so far received offers for presentations and dropin sessions providing financial advice, prizes for a quiz evening and funds for a wine and cheese evening, all of which will be scheduled in due course. It is proposed that main events will be held quarterly, with smaller events organised on an ad hoc basis.

Membership of CWHLS confers membership of the JLD to those members who meet the criteria, and vice

versa. The membership fee for students is £10 and £15 for trainees, with the standard fee of £40 applying to other prospective members. Reduced rates apply to firms that have taken out corporate membership and trainee solicitors in these firms will benefit from free membership.

Readers are asked to please encourage junior colleagues to attend events and to get involved with this aspect of CWHLS. Anyone who is interested in membership, in joining the JLD committee or in providing suggestions for events and sponsorship opportunities should contact: admin@cwhls.org.uk

ALTERNATIVE BUSINESS STRUCTURES : HOW PI INSURERS ASSESS THE RISK PROFILE OF AN ABS The SRA has now licenced approximately 400 ABSs and a review of the register of licenced bodies on their website reveals a notable diversity in the types of firms with ABS status. Whilst many firms appear to have become an ABS simply to introduce non-lawyer managers into their business, others have adopted the model to allow them to take on external funding. That finance is typically used to embark on ambitious growth strategies and update and implement cutting edge IT systems to deliver legal services to clients. No matter what the motivation is for a firm to apply to become an ABS, all are subject to the SRA’s Minimum Terms & Conditions of professional indemnity insurance for that part of their business that undertakes reserved legal activity.

The diversity of ABSs makes it difficult to make generalisations about them as a distinct subset of the legal services sector with the result that when insurers look at a firm’s proposal form they will always consider each business on its own individual facts and circumstances. There will, however, be some fundamental questions that insurers will be interested in knowing the answers to no matter what type of ABS business model they are being asked to underwrite.

Some of those questions will include the following: 1. Is this an existing business?

An existing business has a track record which will be reviewed and analysed by insurers ie claims history/fee growth etc. If the ABS is a new venture then further information will probably be required. Much of the additional documentation will have already been provided to the SRA as part of the licencing application.

2. Is the business model changing significantly?

If the business model is remaining broadly the same eg just admitting existing non-lawyer employees into the ownership then the risk will be judged against past performance. If the model is changing significantly then insurers will require additional information to help assess the risk effectively. Just because an insurer looks after an existing LLP or Partnership is no guarantee they will underwrite the ABS if the change of business plan is dramatic.

3. How sound is the business plan?

Insurers will give the business plan particular scrutiny.

They will also look at marketing plans to form an overall view of the business, how it intends to operate and the depth to which owners and managers have considered how it will be managed.

4. What are the financial forecasts?

Insurers will usually want to see 3 years’ financial forecasts to enable them to assess the financial

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stability of the new entity, particularly in view of the requirements that they may need to stay on risk for a further 90 days if the entity is not renewed and cannot get alternative insurance and enters the Extended Indemnity Period. Insurers can then be on risk for 6 years’ run off cover.

5. Is there an element of external funding?

Questions will be asked about the nature and purpose of any external funding, as well as where it is coming from. In addition, insurers may query how and when investors are looking to get their money out of the business, as well as requiring details confirming the level of non-legal ownership to consider whether there is any potential scope for conflicts of interest or possible undue influence being exerted on the lawyers/managers.

6. What is the experience/track records of the managers?

The names, CVs and legal experience of the managers of the business will be looked at closely as they are the individuals responsible for running the firm on a day to day basis.

7. What are the supervision arrangements?

Supervision is a key aspect of risk management and insurers will look at the ratios of qualified staff to nonqualified. It is usually the case that if the work undertaken is particularly straight-forward, or of a volume nature and is being managed through an effective structured case management system then higher ratios of non-qualified to qualified staff will be acceptable.

8. What types of work are going to be undertaken is there a level of diversification?

The type of work a firm carries out is a key factor in underwriting decisions and assessing any businesses’ risk profile. Insurers will want to be provided with

detailed information on the risk management procedures in place to minimise claims arising if the firm does certain types of work that are perceived to be ‘high risk’.

9. How detailed is the risk register?

Risk registers are required to be submitted as part of the licensing application and insurers will review these in detail so it is important to evidence the depth of thought that has gone into assessing potential risks to the business and show that satisfactory controls are in place.

10. How detailed is the practice/office manual?

A practice/office manual (or draft if it is a start-up venture) should be provided to insurers to indicate how the organisation will run its affairs on a daily basis.

Insurers will want to see that all important areas have been considered and addressed to ensure the business operates in an effective and risk managed manner.

Comment To assist in the negotiations with insurers, it is important that a firm’s broker not only fully understands their client’s business, but also the journey that it is on. Insurers do not like surprises and so there is an onus on brokers to ensure that all necessary documentation and explanation is provided at an early stage so their clients are presented in the best possible way. This won’t just speed up the underwriting process, but depending on the quality of the risk should also provide insurers will a degree of confidence that the business is one they want to insure.

Jonathan Simon is an Executive Director at Willis GB. Prior to joining Willis he worked for a leading professional indemnity insurer for 12 years. He now looks after many of Willis’ ABS clients in their dealings with insurers and providing risk management workshops and training seminars.

T : 020 3193 9468 E: Jonathan.Simon@willis.com

News & Events

LAW SOCIETY 2020 THE PROFESSION IS CHANGING AND WE NEED TO CHANGE TO SUPPORT IT. AT THE LAW SOCIETY WE ARE TAKING A HARD LOOK AT HOW WE WILL SUPPORT, PROMOTE AND REPRESENT SOLICITORS FOR THE NEXT FEW YEARS. WE ARE LAUNCHING OUR LAW SOCIETY 2020 DISCUSSION. THE CHANCE FOR CURRENT AND FUTURE MEMBERS TO TELL US HOW WE CAN BEST REPRESENT, SUPPORT AND PROMOTE THEIR PRACTICE AND THE PROFESSION IN FUTURE YEARS. The legal marketplace is changing: funding cuts, changes in regulation and changing technology are just some of the issues we're grappling with and representing the profession on. We know you want us to be clearer about what we can do for you, for your practice and for the profession. Some of this is about focusing our support and our products and services in ways which make sense to you and developing more relevant communication from us, especially concerning services and benefits.

What are we going to do?

We are developing a new strategy. To help us put members at the heart of what we do, we will be asking questions about: • what the future looks like for the legal sector • what regulation should look like • the title of solicitor and its value to the profession, business and the public • what the Law Society's role should be in legal education and professional standards • how we should manage our relationships and influencing to achieve the changes our members want • how we tailor what we do to support, promote and represent different parts of our membership.

We need your views about the future of the profession and what you want from the Law Society. The decisions you help shape now will influence your Society and your profession.

How can you take part?

If you have any thoughts or views on the above, or would like to see specific

questions on each of these areas, please contact me. I would be very happy to meet you in person or discuss over the phone; alternatively please email me your thoughts directly.

Mark Hudson Law Society Greater London Regional Manager mark.hudson@lawsociety.org.uk 07794 335818 @LSGreaterLondon

NEW PLAY ABOUT LEGAL AID CUTS BY OSCAR®WINNER REBECCA LENKIEWICZ SPONSORED BY THE LAW SOCIETY OF ENGLAND AND WALES The world premiere production of THE INVISIBLE by Rebecca Lenkiewicz will preview at the Bush Theatre, London, from 3 July.

In a first for both organisations, the Bush Theatre production of THE INVISIBLE will be sponsored by The Law Society of England and Wales, the independent professional body for solicitors.

THE INVISIBLE (3 July - 15 August 2015) is a new play by Rebecca Lenkiewicz about the recent changes to the provision of legal aid. Based on interviews with real people at all levels of the British justice system, this play aims to tell the stories of those ordinary people affected by the cuts and to examine how they are driving ever deeper cracks into the fabric of our society. With cuts currently totalling £350m, the reforms to the legal aid system are arguably one of the biggest threats to human rights in Britain today.

The Law Society launched its Access to Justice campaign in September 2014, highlighting the human impacts of the cuts and to the legal aid system.

Law Society President Andrew Caplen said: “We are delighted to be sponsoring this production. The theme of The Invisible chimes very clearly with our Access to Justice campaign. Cuts to legal aid have forced more and more people into 'do it yourself' justice where representing themselves is the only option other than to take no action at all for themselves and their families. This creative partnership will raise awareness of the importance of the role of lawyers within our justice system.

The fundamental concept of the rule of law is nothing more than an ideal if people cannot obtain access to justice.”

So what do the new regulations mean in practice? One of the most significant changes is that the CPD activity that you undertake no longer needs to be accredited. Adoption of the new standards means that you can now identify a wider range of training opportunities that can count towards your CPD activity. and your clients with any asset repatriation or people tracing services.

Bush Theatre 7 UXBRIDGE RD, LONDON W12 8LJ

3RD JULY TO

15TH AUGUST Rebecca Lenkiewicz is an award-winning writer who, in 2008, was the first living female playwright to have her work produced on the Olivier Stage at the National Theatre, London. Rebecca's screenplay Ida, co-written with Pawel Pawlikowksi, won the Oscar® for best foreign language film at this year’s awards, as well as Best Film at various festivals including the London Film Festival. Rebecca is currently under commission to Out of Joint Theatre Company, Manhattan Theatre Club, New York, and the National Theatre.

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Probate

Why leave a will?

by Max Orbach, Trainee Solicitor, Russell-Cooke

It is estimated that approximately half of all adults in the UK do not have a will (number of sources including BBC and Will Aid). Famous examples of those who died without leaving a will include Bob Marley, Stieg Larsson (the author of The Girl with the Dragon Tattoo) and Pablo Picasso. The battle over the latter’s estate took six years to resolve and is estimated to have cost in excess of £20 million in legal fees.

While avoiding a multi-million-pound succession dispute will not be a concern for everyone, there are many other very good reasons for leaving a will that you should be aware of, whether you are advising a client or considering your own situation.

The obvious starting point is that a will allows the testator to express their wishes regarding who receives their assets after their death. Without a will, their estate will be distributed under the rules found in the Administration of Estates Act 1925, more commonly known as the Intestacy Rules. Broadly speaking, these rules determine the division of assets between married or civil partners, children and other close relatives depending on the exact make up of the deceased’s family.

Where the deceased leaves no will and their estate is unclaimed by any surviving relatives, it will pass to the treasury, or to the Duchies of Cornwall or Lancaster if the death occurred in their respective boundaries. In 2012, £38.5 million passed to the Crown in this way.

The biggest potential loser in an intestacy is a cohabitee of the deceased, who will receive nothing under the Intestacy Rules. This is the case regardless of whether they have been living, to all intents and purposes, as if they were married for many years.

Unfortunately, there is no such thing as a common law spouse, despite the common misconception.

All is not entirely lost for the surviving cohabitee, as they may have a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. However, this is far from an ideal scenario, due to the potential legal expense of bringing such a claim and the possibility it will create tensions with the other beneficiaries of the intestacy.

An important consideration for parents is that if you do not have a will, your assets may be left to the Court to appoint guardians for any child under the age of 18.

Under a will, parents can stipulate who those guardians should be and make the appropriate financial provisions for their children.

Recent changes to the Intestacy Rules The Intestacy Rules are surprisingly complex and are often perceived to create unfairness, particularly for surviving spouses. The Government has attempted to resolve some of these issues under the Inheritance and Trustees Powers Act 2014.

Under the old rules, a surviving spouse with no children received the first £450,000 of an estate but had to share anything above this amount with other family members. Following the changes, which affect estates where the deceased died on or after 1 October 2014, the surviving spouse will now inherit the estate in its entirety.

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Another difficulty with the old rules was that when a person died with an estate worth more than £250,000 and leaving a spouse and children, the spouse was given the first £250,000 and a life interest in half of what remained. It was perceived that the life interest created an unnecessary complexity in the administration of such estates. Following the law change, a spouse with children now takes the first £250,000 and then half the remainder of the estate absolutely.

Another change worth noting is to the statutory legacy.

This is a sum paid to the surviving spouse of £250,000 where there are children or £450,000 where there are no children. The amount of the statutory legacy will now be reviewed at least every five years and will rise in line with the Consumer Price Index, rounded up to the nearest £1,000.

Determining who deals with your estate An important benefit of leaving a will is that it allows the testator to choose the executors of their estate.

These are the people who will be responsible for its day-to-day administration.

If a person dies without leaving a will, an administrator will be appointed in place of an executor. An administrator’s position is only confirmed once a Grant of Representation has been obtained. This can be a slow process, as the application must include confirmation of how much Inheritance Tax is due on the estate (and this involves a full consideration of the estate’s assets and liabilities).

A significant delay in obtaining a Grant of Representation can create practical difficulties where a person has died intestate. This is principally because banks, energy companies and other organisations are often unwilling to cooperate with enquiries relating to an intestate’s estate until a Grant of Representation has been obtained. This may mean that mortgage payments and energy bills go unpaid and, in extreme examples, enforcement action is taken.

Leaving a will with named executors makes things much easier for those dealing with the estate. Banks and other organisations will usually accept a copy of the will as evidence of the executor’s position. This means they can deal with many of the issues that arise in an administration before a Grant of Representation is obtained. However, it should be noted that a copy of the will is not enough to carry out more substantial transactions, such as selling property, which will still require a Grant of Representation.

Funeral wishes Another important issue people seek to address in their will is their funeral wishes. Unfortunately, the law underpinning this area is not entirely clear.

Historically, the position was that a corpse cannot constitute property and therefore cannot form part of a person’s estate and cannot pass under a will or intestacy. This meant that any direction in a will regarding the disposal of a body was not legally binding on the executors of the estate.

The case of Borrows v HM Coroner for Preston [2008] found this position was at odds with the jurisprudence of the European Court of Human Rights and a breach of a person’s right to a private and family life under Article 8 of the Human Rights Act 1998. However, in Ibuna v Arroyo [2012], Justice Peter Smith questioned the analysis that human rights applied post death. Despite this lack of clarity, a person’s desired funeral arrangements stand a much greater chance of being followed if they are expressed clearly in their will - it would take a very stubborn executor to ignore these wishes.

As we have seen, leaving a will may not be the final word on how a person’s estate is dealt with after their death. However, a properly drawn up will is likely to make the administration of an estate much simpler at a difficult time for the deceased’s loved ones.

For more information, please contact Max Orbach, Trainee Solicitor, email: Max.Orbach@russell-cooke.co.uk tel: +44 (0)20 8394 6402

Probate

Anyone can prepare a will, can’t they?

WILL WRITING IS AN ACTIVE AND CHANGING AREA OF LAW; YET PRACTITIONERS WORKING IN OTHER AREAS OF THE LEGAL PROFESSION OFTEN UNDERESTIMATE THE CHALLENGES THAT THESE CHANGES POSE. MARTYN FROST, TEP AND TUTOR FOR THE STEP ADVANCED CERTIFICATE IN WILL PREPARATION BELIEVES THIS IS THE REASON WHY THE VIEW THAT ANYONE CAN ‘DO WILLS’ IS STILL ENCOUNTERED. Reported cases in the Wills and Trusts Law Reports demonstrate continuing problems with issues inherent to will writing, such as, undue influence, domicile, forgery, donatio mortis causa and I(PFD)A 1975 claims.

Some of these issues made it to the Court of Appeal with one execution and rectification matter going all the way to the Supreme Court. Reported cases, however, are very much the tip of the wills litigation iceberg.

Statutory changes have been common to this area in recent years, such as, new Acts amending presumption of death, some trust accounting issues (which impinge on will preparation) and the new Non-Contentious Probate Rules that are on the way, which add to the number of reported issues assimilated into practice each year.

Changes in the structure of UK society have, moreover, added a sociological aspect to the field’s development and have been alluded to by the Court of Appeal in I(PFD)A 1975 decisions. To put these changes in the context of everyday variations in domestic structures and relationships, one can see that practical problems are likely to arise for the will advisor. Other areas of impact are: • wealth holding; • mobility of population across borders; • greater life expectancy and a switch to commercial care in old age.

Whilst anyone can write a will, it is inconceivable to think that clients would choose a Will Writer without either adequate training or an understanding of the changing demands of an evolving market place.

In the absence of regulation, what is there to differentiate the quality provider of will writing services? The answer is training, qualification and expertise. Now in its fifth year, the STEP Advanced Certificate in Will Preparation is the only specialist qualification in the field and is the benchmark for TEPs, solicitors, barristers and professional will writers. This Advanced Certificate helps to develop the knowledge and skills required of the wide range of professionals involved in will preparation, whilst allowing you to demonstrate a high standard of knowledge through a qualification that will set you apart from the competition as a competent will draftsman.

For more information, please visit www.step.org/AdCertWP or email cltinternational@centlaw.com

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Investment Overseas and the Impact on Estates The complex world of asset repatriation

by Louise Levene

Godfrey: “Prosperity is just around the corner.”

Mike: “Yeah, it's been there a long time. I wish I knew which corner.”

(Source: “My Man Godfrey” 1936 (Universal Pictures; Director: Gregory La Cava) This bit of bleak humour from the depression-era screwball comedy “My Man Godfrey” never seems to lose its relevance, as the global economy bounces from boom to bust, or navigates the fragile limbo in between.

Picture: “My Man Godfrey” 1936 ©Universal Pictures

Throughout the prosperous 1990s, British daytime television was peppered with programmes which painted a pleasing picture of investment opportunities in Spain and beyond for British householders with a pot of equity to spend.

Disposal of a property, even at a loss, might meet one such duty, but retaining the property, even if it costs money to do so, might arguably meet a different one. There might be reason to hope the value of the property will improve.

translations of English probate documents.

When an intestate English estate includes immoveable property, there may be questions of forced heirship, where close family members must benefit from part of the estate.

You could have a retirement home or an investment, whatever you needed. Building companies in Spain responded to demand with a huge construction programme, some of which turned out to have been built almost literally on sand, with building firms granted unsustainable mortgages by banks on the rash promise of quick sales.

Even once the decision to sell the property, or transfer ownership to beneficiaries has been made, dealing with property in Spain can be slow and expensive. Spain’s laws are kinder to UK estates than others in Europe: Spain uses nationality to determine how an estate should be dealt with, but it will accept the renvoi from England & Wales.

Clients who bought retirement villas and flats on the Costa del Sol during that time might not have counted on a scenario in which they died, in the throes of a terrible recession. Spanish property prices have tumbled up to 40 percent since 2008.

The Spanish inheritance process needs to be followed, involving the services of a notary (‘notario’). Spanish notaries are responsible for the drawing up of deeds covering the administration of estates and the registration and disposal of property.

Since the financial crash of 2008, time has shown that there aren’t easy answers to that central dilemma of whether estate representatives should keep or sell Spanish property. Any sale within the last seven years might have been through necessity alone, but continuing uncertainty and year-on-year declines in Spanish property values since that time also made it difficult to wait, with confidence, in the hoped-for improvement in the market.

For lower-priced property in particular, this can leave the estate with a dilemma. Sell the Spanish property as quickly as possible, at a loss, or hold out in the hopes of a recovery at the mercy of European market forces, while the fabric of the property deteriorated every year?

They don’t all communicate equally effectively, and some struggle to interpret the English & Welsh concepts of domicile and Executors (although the recent EU Succession Regulation 'Brussels IV' has been designed to smooth the way for estates after August 2015). Spanish NIE (fiscal identification) numbers have to be obtained for the beneficiaries something that is not made easy for UK residents to obtain - and tax clearance paperwork submitted.

Investors know, or are expected to have some idea about, the risks they are taking.

But it is the executors that have to juggle those risks against their occasionally conflicting duties as estate representatives when the investors die.

Personal representatives must gather in estate assets, and act promptly in administering and preserving the estate.

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Registration of title to the property must be transferred out of the deceased’s name before it can be sold. It can be difficult to get Spanish bank accounts closed. The Spanish authorities need official, legalised

For now, there are signs that the drop in values may have bottomed out, but UK property owners in Spain might still be glancing warily at Europe’s tribulations, and wondering which corner that much-needed prosperity will turn out to be ‘just around’.

Louise Levene is asset services manager at Finders International. For an initial, informal discussion about valuing or disposing of Spanish property, obtaining NIE numbers or closing bank accounts in Spain, or to discuss any estate matters with an overseas asset element, contact Louise on 020 7490 4935 or, in the UK, 0800 085 8796, or by email louise.levene@findersinternational.co.uk

Probate

Dealing with a “digital legacy” WITH THE HUGE RISE IN THE STORING OF PERSONAL EFFECTS SUCH AS PHOTOGRAPHS, MUSIC, BLOGS AND SOCIAL MEDIA DIGITALLY, IT IS IMPORTANT TO CONSIDER HOW TO HANDLE THIS INFORMATION WHEN PLANNING A WILL. Many people upload information, such as photographs and videos, to social media sites like Facebook and YouTube. However, depending on the terms of use set by the relevant provider, these accounts can come to an end on death. Therefore, the information may be lost or, in any event, it is unlikely that any family member would be able to access the information without the user name and password of the deceased person. The same would be true of any email accounts, where again useful information may be held that the executors and family of the deceased cannot access without the required passwords.

Internet companies have to tread a difficult path when deciding how to deal with the accounts and data of their users that have died. Facebook though have recently announced that it will let its users decide what to do with its account when they die, possibly in response to pressure from families. The new feature will allow users to

appoint a “Facebook heir” who will look after the account and will be allowed to make certain changes. They will also be able to choose to have their account deleted entirely. If users don’t choose a Facebook heir but name a digital heir in a normal will, Facebook will honour that choice.

“This is a welcome move to allow the appointment of a Facebook heir which could be of comfort, particularly, for families who lose a loved one in tragic circumstances, “ commented Sue MacLeod from law firm Hart Brown. “It will allow the heir to access photos which may only be stored via Facebook. However I wonder how many people will actually appoint a Facebook heir and will that person have the time to keep the memories alive through the Facebook page? I think that privacy may be more important to Facebook users, and I think users will have to think carefully who they

appoint as their Facebook heir.”

Naming digital heirs in a Will, along with passwords and other personal information, poses its own problem though. A Will becomes a public document, once it has been sent to the Probate Registry to obtain a grant of probate, which may be required to deal with their property and other assets.

Therefore, any confidential information in the Will can be obtained simply by applying to the Probate Registry for a copy of the will at the cost of £6.00owHowe It is therefore essential to ensure that any user names and passwords are stored in a very safe and secure place. One option is to keep a list of details with the original Will, with a solicitor. Having taken these steps, it is also extremely important that the information is updated, as old information can be as useless as no information at all.

For more information please visit www.hartbrown.co.uk

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Probate

HEIR HUNTERS SHED LIGHT ON LONG LOST BROTHER WHO SPENT LAST 25 YEARS IN MAKESHIFT HOME A CHESHIRE WOMAN HAS DISCOVERED HER LONG LOST BROTHER’S UNIQUE PAST THANKS TO TV HEIR HUNTERS’ SEARCH. Mr Millen died without leaving a Will, giving no indication of who he wanted to inherit his valuable estate.

As an ex-meteorologist who spent many years at the Met Office and learnt his craft in the military, Mr Millen enjoyed the outdoors.

team of leading genealogists and international probate researchers, dedicated to tracing missing beneficiaries to unclaimed estates.

It was only when probate research firm Fraser and Fraser, who star on BBC One’s daytime show Heir Hunters, tracked down his sister, that the family discovered his unusual way of life.

Neil Fraser, Partner at Fraser and Fraser said: “We sometimes get unusual cases such as Mr Millen’s which can make it harder to track.

Once we located his birth certificate, however, the family tree started to unravel.

Offering their skills to solicitors, finance professionals, large corporations and local authorities, their services, including International Bankruptcy Searches, Missing Beneficiaries Insurance and Probate Property Services are tailored to each individual’s needs, and are there to offer support to the legal profession with every step of estate administration.

Anne King had not seen her brother for over 25 years after he chose to tie off all forms of contact.

When the London based firm contacted Mrs King, she said she felt a “feeling of relief that at last I would know what had happened to him”.

Mrs King last saw her brother at their mother’s 80th birthday over a quarter of a century ago.

Although her other brother, Boyd, had tried to find him, no one managed to get back in touch.

Mr Millen used to live in a house boat along the canal, but when the council deemed it unfit for habitation, he chose to build his own home.

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“Mr Millen actually have £10,000 worth of premium bonds with the rest sitting in a bank account – something which the four heirs, including his sister, can now enjoy.

“In cases where the deceased is elderly, we often find the beneficiaries are further down the tree, but here we managed to find near kin, as well as Mr Millen’s nieces.”

Fraser and Fraser located four heirs on this case, the majority in the Cheshire and Liverpool area.

With over 90 years of experience, the firm are a

If you are searching for next-of-kin in order to distribute an estate to the rightful heirs, get in touch today. We understand that each case is unique and so offer our quote on a case-by-case basis. Once Fraser and Fraser begin to work a case, a full report will be provided, showing how the estate will be distributed at maximum value and as efficiently as possible.

Probate

The SRA’s new approach to CPD How Title Research can help LAST YEAR, THE SRA ANNOUNCED SIGNIFICANT CHANGES TO THE WAY IN WHICH SOLICITORS AND LEGAL PROFESSIONALS NEED TO DEMONSTRATE THEIR CONTINUING COMPETENCE. The move away from a rigid continuing professional development (CPD) structure was intended to refocus the profession’s attitude to training and development, bringing an end to the ‘tick box’ attitude which many saw as limiting the effectiveness of CPD for the majority of legal professionals.

Instead, the new approach aims to enable solicitors to tailor their CPD activity in order to reflect the legal areas in which they operate more accurately. This will also ensure that more emphasis is placed on the outcome of the activity and the value that this offers the individual, rather than the process by which it has been achieved.

The new approach will become compulsory for all legal professionals from

November 2016. However, you can already opt in to the revised scheme and many are choosing to do so given the increased flexibility that it offers.

wide range of subjects impacting on trust and estate planning professionals, including risk management and compliance issues.

So what do the new regulations mean in practice? One of the most significant changes is that the CPD activity that you undertake no longer needs to be accredited. Adoption of the new standards means that you can now identify a wider range of training opportunities that can count towards your CPD activity.

We can deliver this service to you in the comfort of your own office at a convenient time for you and your colleagues, free of charge. If you would like to find out more about how you could benefit from a free CPD presentation, please contact Nicholas Beetham, Senior Relationship Manager at Title Research, on 07714 853651 or Nicholas.beetham@titleresearch.com

Title Research has provided free training and support to the legal profession for many years, drawing on our 50 years’ of experience as specialists in the estate administration market. Our team of experts regularly speak at industry events on a

Alternatively visit www.titleresearch.com for information on how we can support you and your clients with any asset repatriation or people tracing services.

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Professional Practice

The Five Components that Make a ‘Smart’ Law Firm

by Jon Whittle, Market Development Director, LexisNexis UK

Clients’ attitudes and behaviours are changing. They are flexing their buying muscle, and decidedly shifting the balance of power in their favour as the gap in perception of service levels between lawyers and clients takes hold. 80% of lawyers think they deliver ‘above average’ service, but only 40% private clients believe they receive this - an astounding finding of the latest research, The Bellwether Report 2015: The Age of the Client.

Categorically, clients are looking for a clear indication of costs/fees, regular progress updates, clarity on firms’ charging system at the outset, an appreciation of their needs, personal and timely response to correspondence, for lawyers to be good at listening, keeping to timetable and demystifying the law.

Do any of these requirements appear to be out of the ordinary? I would guess not, these represent the fundamentals of any business relationship!

It’s apparent that the traditional client service values of lawyers and independent firms are out of touch with current requirements. To win the client service battle, firms must identify with client priorities and proactively adapt their working practices to suit this new breed of informed, cost and value conscious and legally-aware client.

So what can firms do? Law firms need to become smarter in the way they operate and deliver the excellence that clients expect. There are five core components that make a ‘smart’ law firm:

Smart servicing - Independent firms must better align their service with clients’ needs and implement clear service policies.

Smart support - This is about guaranteeing quality of advice, so recruiting the right people and continually investing in their development, as well as adopting the best research and guidance tools is important. Lawyers will do well to back up this internal support with their own informal network of external experts - it’s 20

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all too easy to become isolated when working in smaller firms.

deliver an eclectic service that clients are demanding today.

Smart thinking - There’s no room for

To find out how you can thrive in the Age of the Client, download your copy of The Bellwether Report 2015: The Age of the Client: www.lexisnexis.co.uk/thereport

‘business as usual’. Firms must continually question traditional working practices and devise new and innovative ways of working - in tune with the way today’s ‘smart’, technology savvy clients operate in their personal and professional lives.

Smart working Flexible working has a role to play here.

Firms need to be better equipped to meet the 24/7 expectations of clients. For instance, the ability to work remotely and while on the move is critical to support this attribute.

Unlike previously, clients are entering into relationships with lawyers on a much more even footing.

Lawyers need to earn the trust of clients, who will pay a premium price, but only for a premium service. Lawyers must bring into their armoury a broader range of expertise across all areas of the business - from marketing to IT - to

Professional Practice

WINE OF THE SEASON with Conal Gregory, Master of Wine

South Australia has succeeded in making a stylish Chardonnay to compete with some of the finest Burgundies. Shaw & Smith’s M3 Chardonnay is made from lowyielding vines in the Adelaide Hills.

With partial wild yeasts and barrel fermentation, it drinks gloriously with fish like seabass. Appealing lemony aromas and long length of flavour, the 2013 will repay keeping five years. £24.99 (Liberty Wines).

Atlantico Sur Tannat

Basque settlers from Madiran introduced the Tannat vine to Uruguay in 1870. The country’s moderate, Atlantic-influenced climate is in total contrast with neighbouring Argentina. From the new, slightly inland area of Sierra de Mahoma comes a rich, dense and velvety example made by Familia Deicas Atlantico. Aged for six months in barrel, the 2013 Reserva can be enjoyed now but even more so over the next three to four years. Great with lamb. £12.50 (IEC Wine Society).

Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more.

Visit www.nfumutual.co.uk/bespoke for further information.

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Cyber Security

The Internet of Things - A Cyber Security Risk Invasion

by Tony Sykes, Senior Partner in IT Group

Inventions, obsolescence, consumerism and the rapid progress of technology in particular are all features of life in the modern world. There are still however, in my opinion, only a handful of technological inventions that shape the world for years to come and change our lives forever. The car, the aeroplane, the phone and the internet are my obvious top four. They all have two things in common. They all make the world smaller and they all took time to take off (no pun intended). The internet was developed from the sixties but those of you old enough to remember Clive James’ and his Sunday Night Clive show in the mid-90s will remember that he used to refer to the “information superhighway” and I for one had no real concept of what he was talking about at the time. It was of course the internet. In 1993 only 150 UK Companies had a Pipex dial-up internet connection. Last year 38 million adults in Great Britain accessed the internet every day.

What is the next big thing?

The internet is a network enabling computers from around the world to communicate. The most commonly known format is the World Wide Web (WWW) but many people forget that email and virtually all communications use the internet as well.

For our computers to connect to the internet we use a router and a firewall (often in the same product) because we don’t want the world visiting our personal lives which are, increasingly, stored in our computers. Most people are now aware of the need for security at this basic level.

Consumerism and technology have brought us fantastic products for the home and for business. Intelligent food processors, smart TVs, space-aged car dashboards, 3D games and so on. Estimates for the number of microprocessors in the average home are varied and unsubstantiated but somewhere between 50 and 200 seems to be the popular guess.

Some of these are already connected to the internet - the TV, the mobile phone, the laptop (of course). But what happens when more “things” are connected to the internet?

IOT is Here - Now Unbeknown to many people, the Internet of Things (“IOT”) is here now. Variously attributed to people and Institutions in the late 90’s the concept of everything in your home and business having an internet connection is not only possible due to new IP numbering but it is here and happening.

Speaking with the CIO of a large South African company last week, he confirmed to me that they were installing IOT on their plant and equipment at a rate of 5,000 nodes per month. Why? Because the data that is received back enables them to

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service, locate and optimize the revenue from their capital plant. “Brilliant!” I hear you say. “What is the down-side?”

The Threats There are two commonly quoted scaremongering scenarios: uncontrolled web cams and the intelligent fridge. The dangers of unprotected webcams that are freely accessible to highwaymen on the internet are relatively obvious and potentially will lead to invasions of privacy, possible blackmail opportunities and opportunist burglaries for example. Bad situations but isolated incidents however widespread.

A cyber-attack on a fridge manufacturer poses a theoretically much more sinister risk. Imagine a world-wide recognized brand of fridges connected to millions of product around the world via the IOT. A cybercriminal hacks the IOT access and simply instructs several million fridges to switch off.

Several million insurance claims later and the insurance market is in disarray.

Reputational damage possibly puts the manufacturer out of business. Of course refrigeration is not limited just to domestic food. Hospitals, research centres, distribution and retail all use refrigeration and while one can assume to some degree the protection designed and maintained in commercial IOT devices would be higher, we all remember high-profile hacks in recent times including the Pentagon, Sony and Ebay. The difference in all these cyberattacks is that only data was stolen. Stolen data of course leads to ransom demands, theft of identity, bank and credit card credentials and reputational attacks. The ability to switch fridges off or to turn ovens, kettles, and other devices on could potentially wreak havoc on a massive scale and may ultimately literally result in death and destruction.

Conclusions The Internet of Things will affect all of us.

According to many experts, Cyber-attacks will increase significantly before appropriate security is established. As always, while successful prosecutions may be brought in individual cases, these are much more likely to be against the security or service provider than against the Cyber-Criminal.

The Internet of Things needs security by design; for this reason it is a business opportunity both for IT companies and security firms. When one or the other fails to deliver, Cyber-Crime will flourish and the legal sector will need to step in.

So, is the Internet of Things my number five all-time life-changing inventions? I think so.

But it is different from the previous four: it is taking time to take off but it is making the world bigger - not smaller.

Tony Sykes, Senior Partner in IT Group is a Chartered IT Professional and a Chartered Electrical Engineer. He is a Fellow of the Academy of Experts. He has more than 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 to the TMT legal sector including expert witness services in fitness for purpose disputes, IP disputes, Insurance assessments and Cyber Attacks.

IT Group also operates a fully managed e-Disclosure service. www.itgroup-uk.com

Cyber Security

Cyber risks:

How safe is safe?

Protecting confidential client information is an essential requirement of any law firm and it must ensure confidentiality to comply with SRA guidelines. So how do you best protect yours and your clients’ data?

For most principals running small and high street law firms, common sense can go a long way to ensuring that your systems protect your information. But there are three major threats to data security.

Threat # 1: Benign Neglect The most common threat to data is the failure to regularly make checks that the data on the backup can be restored. Twenty years ago when computers were less reliable, the need to make backups was front of mind.

However, when disaster strikes, the consequences are far more damaging.

Threat # 2: Your staff Some people who work in law firms are dishonest. The best thing you can do is ensure that your staff are properly trained.

There is no point in giving a junior staff member, responsibility for making backups and then not providing training.

You can’t prevent a staff member from carrying confidential information off the premises. How many times have you or one of your staff taken a physical file home to work on? This is incredibly common and also incredibly risky.

Staff also do stupid things on work computers. Create a culture in which good computer behaviour is the standard. A lot of work is usually the best cure. Busy staff don’t have time to surf the net or download suspect programs.

Threat # 3: Do you use email?

Many emails containing your client information have confidential documents attached. Very few law firms encrypt emails because recipients aren’t able to open the encrypted data. Sending an email to the wrong recipient might be the single biggest threat to data security, and yet it relies almost completely on common sense to prevent mishaps.

RICHARD HUGO-HAMMAN, CHIEF EXECUTIVE OFFICER AT LEAP LEGAL SOFTWARE, LOOKS AT SOME OF THE ISSUES INVOLVED, AND RECOMMENDS SOME SIMPLE STEPS OF HOW TO MINIMISE CYBER RISKS IN A LAW FIRM. Threat # 4: The bad guys out there!

In reality, the information that a small firm has on its systems is unlikely to be of interest to hackers. There is however a risk, and it is particularly important for you from a compliance perspective because your income depends on your practice certificate.

The SRA are justifiably concerned about all these threats.

Threat mitigation: a legal cloud software solution for small firms Some people are concerned about using cloud software but we have all done online (i.e. cloud) banking for years. Many of us post information on Facebook and LinkedIn. Cloud software. In reality we use it all the time, and the good news is that data stored in the cloud is far safer than almost every other common data storage mechanism.

Here is a 5 point checklist for you to use when you consider making your data as safe as possible:

1 Location

3 Data Security on the Servers The world’s best practice security controls include industrial strength Firewalls, Antivirus and Anti Malware detection, Security Patch Management, System Security Hardening, N+1 redundancy and a host of other acronyms that are difficult to understand and that you don’t need to worry about anymore.

Make sure your technology provider is taking proper precautions. For example at LEAP our servers are hosted in Amazon Web Services data centres in Dublin. I would suggest that it is impossible for any small law firm to be able to afford similar levels of data security on their own.

4 Workstation Security A cloud application cannot protect your workstation and you should always ensure it is properly secured with the latest security updates from a reputable provider with anti-virus, malware detection and firewalls if necessary. Don’t open suspect attachments or download programs from untrustworthy sources. A good policy it not to allow personal use on work equipment.

Many people like the idea of having a physical server in their office, or in the office of their IT provider. This seems safe but is risky. World leading cloud software products run on servers are located in secure data centres with the world’s best practice for access not only to the data, but to the facilities in which the servers are housed.

This is where we keep data for our clients.

It is secure and constantly backed up. With cloud software location risk is eliminated.

You need a good password and you need to keep it secret. These are like security locks on a house; they keep 95% of potential intruders out. Don’t use: • 12345 • Password1 • Welcome • Your initials or date of birth • Your present or deceased pets’ names.

2 Communication between

A final word on backups

your workstation/devices and the Servers Make sure that your software supplier utilises Secure Socket Layer (SSL) and RSA data encryption ensuring all communication between workstation and server is encrypted and protected from interception. These technologies are also used by financial institutions to protect client data.

5 Passwords

Make sure your technology system backs up your case management and accounting data. Implement smart, safe practice management software into your firm and your cyber risk is near to nothing. www.leap.co.uk 08437130135

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Cyber Security

Targeting Cyber Security A recent survey highlighted ‘Cyber Security’ as one of the greatest concerns of small and medium law firms within the UK. Legal technology today is a source of competitive advantage in many instances and, at the very least, a driver of efficiency and innovation. It is also often the mechanism by which many solicitors share information both between themselves and between themselves and their clients. Thus, it is fair to say that the majority of information within a modern solicitor’s firm is held in a digital form and is, therefore, a potentially lucrative target for digital criminals.

Many such criminals target smaller firms because they believe they will have less resources available to protect them but will still hold much extremely valuable data. In essence, there is a very real threat to small and medium sized law firms and the data they hold. The question being asked across the sector is what can be done to reduce this threat? To properly understand what can be done, it is first necessary to understand from where the threats emanate.

Traditionally ‘Security’ was predicated on the notion of erecting an impenetrable exterior and only allowing known people through, an approach based on the assumption that threats were primarily external. In IT terms, this meant having a firewall to prevent unauthorised entry to the systems and protecting the systems with passwords.

In a World where sharing information is second nature to increasing numbers of people, many otherwise diligent workers can create situations where the data held by a firm is placed into less than secure environments. Research indicates that the majority of security breaches emanate from within organisations rather than from external attacks and that many of these are inadvertent rather than malevolent.

Many staff will access information from a variety of devices and a proportion of these staff will use the same passwords for their work accounts as they do for personal, less secure accounts. It is human nature to adopt repetitive simplicity when selecting passwords and it is this behaviour that creates the perfect opening for cyber criminals. The modus operandi for many cyber criminals today is the gathering and analysis of fragments of data which they can then use to launch very specific attacks.

For example, many firms will use an employee’s e-Mail account as their primary identifier for systems. Establishing a valid eMail address is a relatively simple task and so the cyber criminal already has half the information needed to access a system. And the password? Some of the most common passwords in use are 123456, password, qwerty and letmein.

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Even where more complex passwords are used, users often make it relatively simple for cyber criminals to uncover this last line of defence by using the same password for multiple accounts both personal and work related and the personal ones are often much easier to breach. Staff may send work to personal accounts to enable them to work out of the office or carry data on portable devices which are easily lost. We have become careless in our use of technology and this carelessness is the source of much valuable information to cyber criminals.

So is it all about the users? Absolutely not.

There is still a requirement to invest in proper security systems and processes and to review where data is stored, how it is accessed and by whom.

The cloud is often the source of much discomfort about security but is probably the one area where security is actually greater than more traditional IT solutions. The data is usually located in highly secure physical locations and the majority of cloud providers invest significant amounts of money in surrounding the data with both preventative and detection technology and have proven rapid responses to security incidents. Cyber criminals are less likely to waste time and effort attacking such environments when one known user account will provide them with direct, unhindered access.

Simple steps such as using token based authentication in addition to passwords and

reiterating to users that data protection is as much their responsibility as that of the IT function can significantly reduce risk. Regular audits and ethical hacking attacks can also reduce risk. Security requires a multi-faceted approach and requires consistent awareness and adoption by all members of a firm. There also needs to be an acceptance that you will be compromised at some point and establishing an effective response and counter-measures plan is equally as important as seeking to prevent the breach.

There is no panacea for cyber security. The threat landscape is constantly evolving and so establishing good security requires vigilance, constant education of the users, closing down the sources of information to potential hackers and frequent auditing and testing of the solutions that are in place.

Above all it is a constant process not a one off activity.

Simon Ratcliffe Consultant Advanced Computer Software Group For more information please contact: 0844 815 5575

Cyber Security

WHY IS ISO 27001 CERTIFICATION IMPORTANT FOR LAW FIRMS?

by Robert Rutherford, CEO of QuoStar Solutions

Data is one of the most valuable assets of any firm, especially sensitive data pertaining to clients. Yet many firms believe they are not a target for data theft or misuse, choosing to think that it is only a problem faced by large, global firms. This is simply not true - all firms hold sensitive data, relating to either individuals or companies, and this makes them a potential target for theft, fraud, misuse or abuse. Security breaches are typically carried out for profit now, and firms can find themselves the target of extortion or blackmail.

As our reliance on IT systems and services increases, so does the potential for a security breach. However ISO 27001 doesn’t just protect against external IT threats like hackers, it focuses on identifying all possible risks and implementing controls to mitigate them. This can include everything from what to do if a user accidentally deletes important files, to data leak protection and physical security measures. It can also assist with risk management, regulatory compliance, governance and business continuity, ensuring key information is always secure and available. Service providers like legal firms have a duty, both to employees and clients, to make sure their business is completely secure, and ISO 27001 accreditation is something which can both safeguard against threats; known and unknown, old and new, and safeguard your firm’s reputation.

What is ISO 27001?

Considering the growing prevalence of cyber-attacks on law firms, it can be surprising how few people have heard of ISO 27001 and understand what accreditation means for their organisation.

ISO 27001 relates to information and cyber security, and offers a comprehensive set of controls based on best practice in information security. Overseen by the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC), ISO 27001 is a third-party accreditation, independently verified by a set of standards for data security. It provides a specification for how an organisation should establish, operate and maintain an Information Security Management System (ISMS) - this is a framework of policies and procedures that includes all legal, physical and technical controls involved in an organisation’s information risk management process.

ISO 27001 outlines a comprehensive set of security management protocols to be implemented across the firm including:

• Installing physical access controls around vulnerable appliances • Ongoing training in areas like proper usage of network resources for your team • Ensuring all key information resources are available in the case of IT downtime, e.g. business continuity planning • Limiting access and disclosure of sensitive information on a need-to-know basis • Origin or source integrity - ensuring you can verify any data received has come from the person identified as the sender

The Benefits For Your Legal Firm Although the ISO 27001 guidelines make no specific mention of law firms, that doesn’t mean the accreditation shouldn’t be adopted or that it has little benefit for your firm. In fact ISO 27001 is quickly becoming a standard for law firms and, in the absence of specific data security guidelines for the legal sector, it remains the best choice for safeguarding your most important information.

As an internationally recognised standard, having this certification proves to your clients that your firm is serious about all aspects of IT and data security. Becoming certified not only means the personal information of your employees and stakeholders is protected, but it also instils a sense of confidence in your clients with regards to your safeguarding abilities.

Reputation is everything in the legal sector.

Data abuse or misuse is, at the very least, embarrassing for all involved, and at worst, highly damaging for your brand, with the potential to cause permanent loss of business. Having ISO 27001 accreditation greatly minimises and manages your risk exposure. With enhanced client satisfaction comes greater retention rates, and the competitive edge that accreditation gives you will help you to continue to attract new business in this turbulent legal market.

Becoming Accredited Established by the world’s top experts in the field of information security, obtaining ISO 27001 accreditation is an undertaking your firm is well worth committing to. It is suitable for firms of all size, from the largest, global-tier firm to smaller boutique or niche law firms. All organisations are judged on the same standards to ensure reliability and credibility for those claiming their client’s information is secure.

If you decide to proceed, a top level policy should be created to establish which parts of the organisation will be covered by the ISMS, typically defining the areas, assets and technology to be included. Firms must go through a two stage audit process.

Firstly a risk assessment of your current arrangements for information security and then, once you are a ready, a formal audit process. Following the auditor’s recommendations, your firm will be issued with a certification. Having achieved this obviously you’ll want to maintain your registration, so continue to review and improve your IT security processes, and your firm will have to undertake annual reviews.

Obtaining ISO 27001 is quite an undertaking and requires a high level of commitment on a day-to-day basis, but the benefits it could bring to your law firm are vast and the initial time and commitment you invest will soon be repaid when you receive your accreditation. You may be rigorous in your IT security management, but it is only the independent audit that proves that the ISO standard has been embedded throughout your firm.

Email: robert.rutherford@quostar.com Web: www.quostar.com/legal

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Cyber Security

A Proactive Cyber Security Strategy with SERO Security

by Ben Millar, Director, SERO Security

VERY FEW ORGANISATIONS ARE AWARE OF WHAT PENETRATION TESTING ACTUALLY IS AND THE BENEFITS IT OFFERS IN TERMS OF REDUCING THE RISK OF NETWORK BREACHES. Very few organisations are aware of what Penetration Testing actually is and the benefits it offers in terms of reducing the risk of network breaches.

Penetration Testing is a pro-active method of identifying vulnerabilities and configuration weaknesses within your information systems, network infrastructure and IT procedures. By identifying these vulnerabilities and weaknesses, your organisation is able to significantly reduce the risk of being compromised by hackers and cyber criminals during cyber attacks.

Organisations commission Penetration Tests for a number of different reasons.

Any savvy Chief Information Officer (CIO) or Senior Information Risk Officer (SIRO) will commission a Penetration Test to ensure that the risk to their information from external threats is as low as possible. And in other cases, they are commissioned to meet compliance requirements.

Lexcel is an accreditation within the legal sector, indicating quality in relation to legal practice management standards. The Lexcel "Standards for Legal Practices" guidelines make several references to Information Security Management and confidentiality of client data. In order to satisfy these requirements and achieve compliance, all compliant legal practices are required to demonstrate that their client information and digital assets are safe and secure from external threats. This can be achieved by conducting regular penetration testing to identify vulnerabilities and risks so that they can be reduced or completely mitigated.

Many legal practices use third party IT companies to manage their network

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infrastructure and services. But in some cases, these third party consultants are putting your information at risk by using very poor security practices, as one of our clients found out (described in the case study).

This would have taken the law firm weeks or months to recover from. And if the hacker had chosen to delete all of the information they had access to (including backups), the firm may not have been able to ever recover.

Case Study

For more information please contact: Tel: 01489 559485

A law firm that SERO tested were using external IT consultants to manage their IT network infrastructure and services. The firm had placed their trust in the consultants, assuming that they were using the most secure practices to manage their IT network. It wasn’t SERO Security provide expert until the firm penetration testing services commissioned a to help identify the weakest Penetration Test that areas of your cyber defences. they learned how This enables your organisation vulnerable their to mitigate vulnerabilities network and and reduce the risk of information really being compromised during Cyber Attacks. was.

Would your Legal Practice be able to withstand a Cyber Attack?

SERO were able to remotely breach their external network defences and gain administrator access to the whole private network and all information stored on it. If a hacker had gained this level of access they would have been able to cause enough damage to bring the business and trading to a complete halt.

>

Identify vulnerabilities in your information systems

>

Secure your intellectual property and sensitive information

>

Protect your digital assets from hackers and cyber criminals

Speak to a specialist on 01489 559485 or email info@serosecurity.com www.serosecurity.com

Professional Practice

Will Aid: a winning formula for solicitors, their clients and charities SINCE WILL AID WAS FOUNDED IN 1988, THE CAMPAIGN HAS ENCOURAGED 245,000 PEOPLE TO WRITE THEIR WILL AND IN SO DOING HAS RAISED OVER £17 MILLION IN DONATIONS. In 2014, more than 1200 branches of law firms signed up to the scheme. We estimate from early results, that around 20,000 people were able to write their Will with a Will Aid solicitor during November and that the final donation total will be approximately £1.8 million.

The money donated is shared between the participating charities (ActionAid, Age UK, British Red Cross, Christian Aid NSPCC, Save the Children, Sightsavers, SCIAF and Trocaire) and provides vital funds to help people to build their communities and improve their future in the UK and around the world.

Newly-appointed Will Aid Campaign Manager, Peter de Vena Franks said: “Our solicitors and their clients have made an enormous difference to many lives over the years. Through the work of the charities, they have helped improve the lives of thousands of people at home and abroad. The wills written during the campaign also help people here to protect their assets and ensure that these pass to their loved ones.

As our participating solicitors testify, Will Aid is great for charity but it is also good for business - presenting the legal profession in the best possible light and attracting new clients who are likely to return for their future legal requirements.”

Solicitors can register for the November 2015 campaign now at: www.willaid.org.uk or call: 0300 0300 013 or email: enquiries@willaid.org.uk

The benefits to charity extend way beyond the participating charities. As a result of the 2014 campaign, the Will Aid charities themselves have received promises of legacies worth £6 million. But in addition, people prompted to write their will by the campaign will have pledged legacy gifts to many other charities and causes close to their hearts.

Will Aid firmly believes that most people need a Will and that this is best written by a qualified professional. This is why we recruit only solicitors to the scheme and why we promote the profession to the media and the public. To offer additional security, Will Aid has teamed up with Certainty (the National Will Register) to offer Will Aid clients free Will registration.

Our experience has taught us that the Will Aid campaign serves to push through the inertia that stops people from making a Will; the apprehension that the solicitor will be stuffy and difficult to relate to; the fear that a Will is going to cost a small fortune.

The campaign not only benefits clients and charities. There are also benefits to the firms involved. Ann-Marie Matthews, Partner and Head of Nicholson’s Private Client department reported: “There is useful additional work coming from Will Aid clients, perhaps 60% coming back for other services, like power of attorney, trust work, conveyancing. There are referrals of parents and family members. In fact, about 15% of new clients in 2014 were Will Aid clients. It is a crazy month, but good fun and we enjoy the challenge and opportunity to do something for several different charities.

Participating in Will Aid is good for us!”

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Professional Legacies Practice

Simple Solution to Accelerate Costs Recovery Leading firm of costs lawyers and draftsmen John M Hayes are proud to announce its partnership with Fee Solutions Limited, providers of finance for solicitors to facilitate effective costs settlement.

Kate Oliver, Chief Executive Officer, said that “……this was an exciting development and one that would be key in furthering the company’s prominent position in the field of inter partes costs, and would be an important platform to increase its market share.” Kate went on to say “……the principal bone of contention with all solicitors is the ever lengthening time that it takes paying parties to settle costs claims, the demands of cash flow resulting in frequently compromised settlements, which otherwise in many cases would not have been conceded.”

The Costs Award Accelerator Solution provided by Fees Solution Limited offers, at a very modest cost, a simple, easy to administer system to assist solicitors when a case has concluded, in negotiating their costs with paying parties on a more equal footing.

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Mike Dobson, director of Fees Solutions Limited, said “Fee Solutions is delighted to welcome John M Hayes to our select panel of Costs Lawyers and Costs Draftsmen and wish them continued success. We anticipate being able to enhance their already high reputation for outstanding customer service and innovative solutions and look forward to helping smooth the cash flow position of their partner Law Firms.”

For a very modest tax allowable charge, or lend fee, the benefits of this scheme are: • No set up Fees • No draw down Fees • No monthly interest charge payments • No requirement to make any payment out of the Office account • No personal guarantees required from the firm

• Up to 80% of the Cost Award Valuation as an advance Mike added “……at a time when even the most successful and well established firms are faced with cash flow pinch points, we feel this is a very timely association between our two businesses, looking to work together in order to bring about a Fee Solution.”

Kate Oliver Chief Executive Officer For more information please contact: 0870 300 3780

Professional Practice

DOCUMENT SECURITY IN AN INCREASINGLY MOBILE WORLD

THE WORKFLOW, LIFE AND TRAIL OF A DOCUMENT ARE MORE MOBILE THAN EVER. WITH LEGISLATION INCREASING THE DIGITISATION OF DOCUMENT MANAGEMENT ACROSS SOLICITING, PARALEGAL, INSOLVENCY, CIVIL RIGHTS, BANKING, COMMERCIAL, CORPORATE, ENVIRONMENTAL, PROPERTY AND FINANCE SECTORS, THE LEGAL SECTOR IS HAVING TO EVOLVE AND BECOME INCREASINGLY SOPHISTICATED. In a recent KYOCERA survey of over 500 people within the UK legal industry, almost half of respondents cited security as their biggest concern when it comes to technology. This was deemed more important even than cost cutting (45%) and looks set to continue as new techniques such as mobile and cloud gain in popularity within the workplace.

Increased digitisation and mobility should not, however, compromise the security of data and documents.

In order to maintain document security, legal organisations should consider deploying a Managed Document Service (MDS) - which is a packaged solution that creates a controlled print, copy and document environment. A properly deployed MDS will strengthen a law firm’s ability to control risk.

As well as helping to avoid losing valuable data and preventing unauthorised access, it can also ensure confidential documents don’t end up in the wrong hands, limit device access to particular users and departments and clearly identify key users.

MDS usually combine hardware, software, servicing and elements of strategic consultancy. Reputable partners provide services that incorporate the most up-todate and sophisticated security measures, including encryption and compliance with BSI standards for the legal admissibility of electronic information in court.

Another emerging area, which presents both opportunity and challenge in terms of document security, is cloud. Although

doubts persist over the security of cloud-based services, cloud propositions are proving increasingly difficult for law firms to resist. Firms should familiarise themselves with the Information Commissioner’s Office guidance on the use of cloud computing to make sure their MDS deployment complies with the Data Protection Act 1998.

Whilst technologies such as MDS and cloud are addressing document security concerns within the legal sector, it’s clear to see that doubts persist. When asked about the biggest challenges in future, the

respondents to the KYOCERA survey opted for security (38%), closely followed by keeping costs down (37%) and dealing with fees (35%). This suggests that legal firms welcome the influx of new technologies but are still unsure of how they will impact business.

by ROB ATTRYDE, KYOCERA Document Solutions UK, Marketing Communications Manager

The Report

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Conveyancing

TOP 10 QUESTIONS TO ASK YOUR SEARCH PROVIDER SEARCHFLOW’S LATEST CONVEYANCER SENTIMENT SURVEY REVEALED THAT 48% OF CONVEYANCERS CITE PROFITABILITY AS THEIR MAIN CONCERN FOR THIS YEAR WHEN CONSIDERING THEIR OWN BUSINESS. BUT IN THE CUT AND THRUST OF A BUSY LEGAL PRACTICE IT CAN SOMETIMES BE HARD TO SEE THE WOOD FROM THE TREES. TAKING A STEP BACK AND EXAMINING BUSINESS PRACTICES, THEN THINKING ABOUT WAYS TO INTRODUCE MORE EFFECTIVE AND EFFICIENT WAYS OF WORKING CAN BE ONE WAY TO BOOST THAT ALL - IMPORTANT BOTTOM LINE. “Implementing a lean business practice into a law firm will certainly help its profitability,” comments SearchFlow Head of Marketing, Adam Bullion. “These don’t have to be enormous changes, but reviewing standard business practices can reveal some sticking points which could be improved and save firms valuable time and money.”

One of the ways conveyancers can improve efficiencies is through the partnership with a search provider which understands their business. Bullion explains, “The search process is a big part of the conveyancing operation, so finding the best search provider for your firm is essential. Not only will this help profitability, but it will also benefit relationships with customers through the quick delivery of accurate results.”

However, the market place is crowded with search providers. With strong competition, and little apparent differentiation between each provider, it may be difficult to decide which one to choose.

SearchFlow has put together a list of top 10 questions conveyancers should ask their search provider to ensure they get the right level of expertise, speedy service, flexibility and convenience that makes lawyers’ lives easier:

1. Are you able to place search orders in three simple steps?

Ensure that it is a simple process to reduce time wasting. And ensure that risk screening takes place, identifying areas of risk and recommending search types, so you don’t have to search again to find missing or incorrect information.

2. Do you offer state-of-the-art mapping tools?

A map should offer aerial views to make it easier to find difficult properties. This reduces processing time, as well as 30

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ensuring that the correct property location is plotted.

3. Are you a member of a search code compliant regulatory body?

Lenders accept searches from search providers if they are part of a regulatory body such as CoPSO. This also offers protection for anyone who relies on the information from the property search reports, as well as ensuring a quality standard throughout the products and services on offer. Membership of a regulatory body gives consumers and property professionals confidence in the data provided.

4. Do you have extended coverage for negligence or omissions?

How much additional cover do you offer?

This gives you reassurance and the confidence to know that you can take out additional, comprehensive cover whenever necessary.

5. How do you add value to specific areas of my business?

Can your search provider go the extra mile and offer you more than just search?

This can take away the administrative burden from you, freeing up your time so you can focus on responding and servicing your customers more efficiently.

6. Are you an NLIS channel?

This is an electronic connection to all local authorities that reduces waiting time and is regulated, again, offering you peace of mind.

7. Are searches accurate, comprehensive and up-to-date?

Ask whether or not the provider uses database information (derived data) or if the information is real-time and fully up-to-date. Ensuring data is comprehensive will help to avoid defects. Searches should be Search Code Compliant.

8. How proactive are you?

Your search provider should work with you to ensure an easy set-up and provide ongoing support. Will they notify you about change of delivery dates, changes in legislation, Law Society guidance notes and proposed changes within the industry? They should be able to support you and keep you up-to-date with the conveyancing market.

9. Do you employ a dedicated personal search team?

They should be able to provide an efficient personal search service, obtaining data from source. This should therefore give you a fast turnaround time and is a convenient way to deliver against your service-level agreements.

10. Do you share performance analysis?

Your search provider should be able to share with you the volume of searches performed, how many have been manually intervened, insight around resolution times, and reasons for delays.

Your search provider should be able to answer these questions with ease. If they’re able to confirm each of these points, it will enable you to maintain a search process that is as stress-free and simple as possible, while helping you run an efficient conveyancing operation.

Call 01732 523952 if you would like to speak to SearchFlow about the services they offer.

Book Reviews

THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT A Commentary Edited by JORGE E VINUALES OXFORD UNIVERSITY PRESS ISBN: 978 0 19968 677 3 www.oup.com

FOR THE FIRST TIME IN OVER 20 YEARS - AN EXPERT AND AUTHORITATIVE WORK ON THE RIO DECLARATION OF 1992 An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Environmental lawyers, as well as international lawyers - and indeed anyone concerned with environmental issues, will welcome the emergence of this new book from the Oxford University Press.

As Professor of Law and Environmental Policy at the University of Cambridge, the author, Professor Jorge E. Vinuales has led a team of more than thirty experts in this field from top universities worldwide, each of whom has contributed impressively researched and informed discussion on the multitude of consequences and ramifications emanating from the Rio Declaration on Environment and Development of 1992.

In his excellent introduction, Vinuales discusses the significance of the Rio Declaration particularly from an historical perspective and expresses some surprise -

and what a surprise it is - that there has been no commentary of note published about it in the more than twenty years since the 1992 Earth Summit for which it served as a preparatory document.

Now over twenty years later, amid increasing unease expressed on a range of environmental issues including threats to the environment in areas of conflict - the publication of this book is nothing if not timely.

The Rio Declaration, says Vinuales, is ‘a consensual statement, laboriously reached’ which, shortly before the Earth Summit took place, ‘brought together the main principles and policies that underpin our approach to the environment’.

Alone among the hundreds of existing treaties on environmental law, the Rio Declaration is, he says, ‘the most representative instrument of the entire body of norms, treaties, domestic laws and decisions governing our relationship with the environment.’

Particularly interesting is the extensive commentary on the twenty-seven principles contained in the Declaration, each of which is discussed in turn by each separate contributor. These range from ‘Human Beings and the Environment’ and ‘Poverty Eradication’ to ‘Science and Technology’, ‘Environment and Trade’, ‘The Role of Women’ and the consistently controversial Principle 16 - the ‘Polluter Pays

Principle’ with its obvious links to Principle 13: ‘Liability and Compensation’.

(The well-nigh intractable difficulties of enforcing the practical application of these principles, especially on China, is a related and separate topic which will ideally be discussed in subsequent books.)

Unique among environmental treaties, the Rio Declaration was adopted by all member states within the United Nations as the result of the Rio Conference and, as pointed out in Pierre-Marie Dupuy’s contribution, ‘the first… and until now the only conference that can be called… the “Earth Summit.”’

This factor alone should persuade all those interested in or professionally involved in the complexities of environmental issues, that this book is one of the most important and authoritative contributions to environmental research and comment currently available. Certainly it should emerge as an essential acquisition for every environmental lawyer’s professional library.

The publication date is cited as at 2015.

RETHINKING THE LAW SCHOOL Education, Research, Outreach and Governance

By CAREL STOLKER CAMBRIDGE UNIVERSITY PRESS ISBN: 978 1 10707 389 0 www.cambridge.org

THOUGHT PROVOKING AND CONTROVERSIAL COMMENTARY ON LEGAL EDUCATION WORLDWIDE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book will certainly attract the attention of the academic and professional education community worldwide; especially those involved in designing and developing professional and academic law courses.

Published by the Cambridge University Press, this is one of a number of books on the market which, generally speaking, are either descriptive of the way law is currently taught at, say, certain universities, or which seek to set out or suggest new agendas for course content. The globalisation of business, cultural activity and commercial practice - including legal services - has provided the impetus and often the inspiration for accelerating change in the methods by which law is taught.

In particular, it can be observed in many areas that the orientation of certain law courses has swung toward an international perspective, which a lot of law schools might regard as a radical development.

‘Law schools,’ says the author Carel Stolker, ‘tend to think locally, not globally’. Summarising the content of the book he refers to its ‘broader scope, both in terms of the range of nations and (the) succinct journey (which it offers) through law schools on different continents and subject matters.’

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Formerly Dean of the Leiden Law School, Professor Stolker has also been a Rector Magnificus and President of Leiden University since early in 2013. Stolker’s book takes readers, whether lawyers or not, on a rather fascinating journey, during which he discusses education in general and legal education in particular in a number of jurisdictions worldwide. It is not generally known whether there is any other book currently available that does this, so from this point of view, as well as others, the book provides considerable food for thought.

Following a brief commentary on ‘law schools in all shapes and sizes’, the author moves on to discuss the salient characteristics of legal education in the United States and the United Kingdom followed by illuminating and often startling observations on legal education in the European continent, Asia, Australia, Latin America and Africa. There is considerable comment and analysis throughout on methodology, research and governance.

Rightly or wrongly, he appears a trifle dismissive of the ways and means by which lawyers are educated and trained in the UK and the US and generally, the ‘common law countries.’ For example, he seems a tad disdainful that ‘in England, one can still be called to the Bar with a degree in classics or history’ followed by a one-year conversion course and further training at the Inns of Court. ‘How fascinating,’ he intones. ‘Would we ever consider such a path in order to qualify as a medical doctor?’

Likewise, he also refers somewhat disapprovingly to US legal scholarship where ‘it is the students,’ he says, ‘who run many of the scientific legal journals,’ including evaluating their content and the final editing. ‘Again,’ he adds, ‘this is fascinating: would we ever consider having students run the prestigious journals: ‘Nature’ or the ‘British Medical Journal?’

One wonders if this latter comment includes prestigious journals like the “Harvard Law Review”. (If so, wow!

Those guys are gonna get mad!) We should remind ourselves here that the US, not to mention the UK and a number of other ‘common law countries’, are participative democracies where certainly, university students are encouraged to - er -participate. And what better way to learn the disciplines of legal research than with a more rounded education?

Well, he is entitled to his point of view, especially bearing in mind that he has written an excellent book, although one might question whether this particular analogy is apt.

The two above-mentioned journals deal, respectively, with the exact sciences and medical research, do they not?

So while some lawyers out there might claim that the law is an art, there aren’t many who would have the gall to call it a science.

Nevertheless, this book with its international perspective takes a welcome and refreshing, if occasionally controversial, look at legal education worldwide and therefore provides ample ammunition for lively debate and of course, reasoned argument for encouraging necessary changes in legal education in response to the changing needs of the twenty-first century.

Anyone in legal education anywhere would do well to acquire a copy.

The publication date is stated as at 2014

Management

LEAVING THEIR BELOVED FOUR-LEGGED FRIEND WITHOUT AN OWNER Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time.

Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into new homes. Two of these dogs were duo Telia and Freddie who arrived at Dogs Trust Darlington aged eight-years-old after their owner had sadly passed away. The loveable pair were firm favourites with staff and volunteers, both enjoying long walks and playing in the water whenever they got a chance.

Telia had been diagnosed with arthritis prior to her arrival at Dogs Trust and was able to get all the care she needed while she awaited her forever home. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. Happily, Telia and Freddie were soon settling in with a loving new family after being cared for at Dogs Trust Darlington.

Adrian Burder, Dogs Trust CEO says, “Thanks to Dogs Trust’s Canine Card Card scheme, dogs in need of a new home are given a lifeline, meaning that Telia, Freddie and many dogs like them are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”

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Management

WHY LEGAL NEEDS TO GO LEAN

by Robert Rutherford, CEO of QuoStar Solutions

The legal sector is changing faster than I’ve seen any sector in the past, well perhaps since I was involved in global electronics manufacturing in the late 90’s. The challenges of globalisation, shrinking margins and innovation were terrifying to many, and IT systems were often the answer to the challenges. However, the switch to improved business IT systems was helped by large and mid-sized manufacturing businesses understanding Lean. This meant that they were becoming used to rapid change, something that many legal firms are not.

So, to keep you interested, how can and will Lean help legal firms? In short you’d use ‘proven’ business tools and strategies to allow you to survive and thrive in shifting sands, by;

1.

2.

3.

4.

5.

6.

7.

Lowering overheads Improving delivery times Increasing client satisfaction Accurate pricing Freeing up resources Making lawyers more efficient Improving margins!

•

•

In short, Lean was born for the ‘systematic’ elimination of waste (“known as Muda”) in a process. Lean seeks to identify and eliminate waste through overburden (“Muri”) and waste created through uneven (varying) workloads. There is also a focus on the client who consumes a particular product or service around “value”. So it’s about reducing waste internally and increasing value for the client.

Below I’ve shown examples of how the waste elimination process can work in relation to Lean Six Sigma in a law firm. This can easily be remembered via the acronym DOWNTIME; •

Eradicate Defects and Mistakes: -

•

Incorrect data entry Billing mistakes Incomplete documents Bad drafting Wrong client details Filing errors

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•

•

Inventory / WIP -

•

Matters sat in dispute Too much unused stationery Unanswered communications Too many IT systems Motion of People

- Poor work-flows, manual and IT related, i.e. too many clicks to get to a required resource - Poor placements of physical resources - Too much travel •

Extra Processing - Too many authorisations, research or manual interventions

If you think you are already all over these elements, then I’ll almost guarantee that you aren’t. It’s about prioritisation; prioritising what improvements deliver the greatest gain to the firm and ultimately the client. I’m a big believer in win-win relationships, the client has to be your partner, not simply a bill payer.

Lean uses the acronym DMAIC to structure improvement, generally continuous improvement, which is absolutely essential in a law firm in this day and age. DMAIC is always applied in the order shown below and stands for; •

Define -

Identify the business/process issue Record the requirements of the client and the firm Finalise the project focus Define the project scope

-

Collect the required business data Determine the performance of the process Clarify the business opportunity Identify quick wins where possible

•

Measure

Improve -

Transportation - Sending printed documents or billing manually when electronic is acceptable or desired - Processing cheques when electronic means are more convenient - Too many manual or electronic touch-points

Analyse - Undertake root cause analysis - Quantify the opportunity for gain - Prioritise root causes

Non-utilised Talent

•

Over-production: - Too many people involved in meetings - Preparing documentation in advance - Too many communications internally and externally - Printing too much or to an unnecessary standard - Too much unbilled prep-time

•

- Poor delegation

What is Lean?

Lean was born in manufacturing and was originally developed and used by Toyota engineers in the 40’s. Today when most people talk about Lean they are talking about Lean Six Sigma. This process was developed by Motorola is the late 80’s and is still widely used by all sectors, from finance through to retail, yet it remains rare in the legal space.

Waiting and Delays: - Unable to get the right people to meetings - Waiting for information from internal or external parties, i.e. clients and counsel - Un-productive environments - Slow IT systems

•

Understand and develop potential solutions Develop and select evaluation method and criteria Evaluate risks Optimise solution Control

- Monitor and adjust - Ensure desired gains are delivered and sustained - Standardise gains It’s surprising how many firms don’t have live documented processes and procedures.

If you don’t have SOP (Standard Operating Procedures) then you are going to have to start. If you don’t have processes defined, how can you evaluate them and improve them?

As we are aware a significant number of legal firms have been way behind the curve in innovation, some who believe they are innovative are not, not when you look at the advanced systems, processes and structures in other sectors. Lean is a great place to start to drive change, but it must be embraced by the firm’s leadership. You can’t delegate and forget - leadership must be responsible, and passionate about reducing the waste and continually improving a firm. If you aren’t doing this then your competition will be. The change isn’t a threat to those who embrace change and innovation - it’s an opportunity, on a massive scale.

QuoStar delivers strategic and technical consultancy, typically focused around process and continual improvement methods. It also has a world-class IT outsourcing and cloud services portfolio.

The company’s client profile encompasses legal, manufacturing, financial and a range of other industries with a turnover of up to £200M in the UK and overseas.

Contact Robert Rutherford for an informal chat around how QuoStar is helping other firms protect and grow their margins through the effective use of technologies and improved processes.

Email: robert.rutherford@quostar.com Web: www.quostar.com/legal