Central London Lawyer February 2022

CENTRAL

LondonLawyer

THE OFFICIAL JOURNAL OF THE WESTMINSTER & HOLBORN LAW SOCIETY | FEBRUARY 2022

S in ESG, breaking bias

■ Overcoming barriers in the legal field ■ International Women’s Day ■ Wired differently

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PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 05 President’s Foreword 09 Twinning with the

09

SALES DIRECTOR Karen Hall

Paris Bar

STUDIO MANAGER Lee Finney

10 The Law Society

MEDIA No. 1890

Council – What can I tell you?

PUBLISHED February 2022 © Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing.

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

11 Why it’s time to stop

15

talking about ‘race’

12 Making flexible

working the default

15 Women in the law: Breaking bias

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

16 Overcoming barriers

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

19 Xmas 2021 Report 20 Time for Reform:

in the legal field

17 The pursuit of

Flowers and Law

COVER INFORMATION Photo by Shane Rounce on Unsplash.com.

21

Copy Deadline 22nd April 2022 For the May 2022 edition Advertising Anyone wishing to advertise in Central London Lawyer please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial Members wishing to submit editorial please send to: cwhlawsoc@gmail.com Editor in Chief: Sarah Bradd.

Editorial Board: Sarah Bradd, Matthew Allan, Lotus Kimona, Kene Onyeka Allison, Charity Mafuba and Ivan Ho.

Neurodiversity and CJS

21 25

Wired differently?

I nternational Women’s Day

27 All things lawyering 25

and female empowerment

34

Book Review

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INTRODUCTION

The President’s Foreword FEBRUARY 2022 Matthew Allan

W

elcome to our Winter edition of Central London Lawyer! This time out we are focussing on the ‘S’ in ESG (“Environmental, Social and Governance”) and breaking bias, the theme for this year’s International Women’s Day (on March 8). We have Nadine Simpson-Ataha considering why it is time to stop talking about “race” on page 11, as well as our Law Reform Committee’s response to BEIS’s call for evidence on making flexible working the default on page 12.

We also have I. Stephanie Boyce, President of the Law Society of England and Wales, writing exclusively for Central London Lawyer on “breaking bias” for women at page 15, and a look at neurodiversity in law at pages 20 and 21.

In international news (page 9), I was happy to accept an invitation to attend the opening of the Paris legal year in November, where I signed an historic twinning agreement with Paris Bar Bâtonnier Olivier Cousi. We have maintained strong links with our colleagues in Paris for many years, but we hope that this formal arrangement will help further bolster our relationship, increasing opportunities for our members to work together, sharing knowledge and building their practices across borders.

event will be a great opportunity for networking with a particular focus on family lawyers, private practitioners and other professionals from all over the world. Regardless of your practice specialism, this is an excellent chance to leave the home office and enjoy the hospitality of one of central London’s best riverside terraces.

Details of how to book will be live on our social media channels in the coming weeks.

There are always opportunities for you to get involved with your law society, no matter what stage of your legal career. As you will read, the Society is beginning to take baby steps towards its usual in-person events schedule, and we hope that this Spring will see us mingling again with colleagues before too long. With that in mind, if you’re looking to increase your step count as well as LinkedIn connections, why not join us as a member of the WHLS team taking part in the London Legal Walk on 28 June?

I look forward to seeing you at one of our events soon. ■

Matthew Allan

President Westminster & Holborn Law Society

In a similar vein, WHLS is pleased to co-host the forthcoming UIA London seminar programme with the International Association of Lawyers (“UIA”), the world’s largest international network of lawyers. We invite our members and guests to join colleagues for a dinner in the grand setting of the National Liberal Club on 1 April. This

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OFFICER PROFILES

Matthew Allan President

Matthew is a solicitor-advocate at Mayfair-based Astraea Group where he specialises in commercial litigation and international arbitration. He is also the Co-Vice Chair of the Society’s International Committee which develops professional links with lawyers and their clients throughout Europe and further afield. Matt is looking forward to helping build the Society’s network of local and international connections over his presidential year. If you or your firm are interested in hosting or sponsoring one of our events, do get in touch President@whls.org.uk.

Nicola Rubbert Vice President

Nicola is a commercial and employment solicitor. She is the Chair of our Education & Training Committee and is Council Member of The Law Society of England & Wales, representing the constituency of Westminster. Nicola is Immediate Past Chair of the London Young Lawyers Group, an organisation which ignited her passion for the legal community.

Philip Henson Deputy Vice President

Philip Henson is a Partner and the Head of Employment at international law firm EBL Miller Rosenfalck, based in Farringdon. He also heads the North America desk and the China desk of the firm. He is the Chair of the WHLS Law Reform Committee. Phil and the committee research and reply to consultations on changes to legislation.

Phil is looking forward to being more involved in the Society as the Deputy Vice President. Phil is involved in various charities and he is the Editor of City Solicitor magazine (the magazine of the City of London Law Society). Outside of a busy work and family life, Phil also produces and occasionally writes short films. He has recently finished a script for a dark comedy called Viking Funeral which he plans to develop in 2022.

Anthony Seymour Honorary Treasurer

Anthony is a Locum Property Solicitor who deals with Commercial Property Landlord and Tenant and residential conveyancing. He has worked at many firms and was for many years a Partner in the Property Department of a central London Law firm. He is a member of the Bristol University Alumni Association London branch and holds a Masters degree in Law from King’s College London University.

Helen Broadbridge Co-Honorary Secretary

Helen is currently a Tax Solicitor working in the City of London and Honorary Secretary of Westminster & Holborn Law Society. She likes to read and write about organisational behaviour, gender and economics. Helen is also a fluent speaker of French and Russian and an accomplished hammer thrower.

Riley Forson Co-Honorary Secretary

Riley Forson is a Trainee Solicitor at Macfarlanes LLP. Riley completed her Undergraduate Degree in Law at University College London before completing a Masters in Law and Business, as well as a Masters in International Human Rights Law. Riley takes a particular interest in environmental matters, animal rights and matters pertaining to ESG.

Sarah Bradd Editor-in-Chief

Sarah is a Paralegal and a Future Trainee at Charles Russell Speechlys working for the Development Sales and Regeneration Teams. She is currently working towards completing her Fellowship for CILEx having completed her LLB at the University of Law. She is looking forward to starting her Training Contract in 2023. If you have any contributions for the next editions of the Central London Lawyer please do get in touch with me on LinkedIn and it would be great to hear from you.

Paul Sharma Immediate Past President

Paul Sharma is the immediate past President of Westminster and Holborn Law Society and the Council member for Westminster & Holborn Law Society – the central London law society. Paul is the founder and managing partner of Sharma Solicitors. Sharma Solicitors is a boutique employment law practice acting for both claimants and respondents, small and multinational firms. Paul worked as a trade union official before qualifying in a firm that acts exclusively for the large trade unions for their members. Paul went on to head the employment law departments of an outer London commercial firm before doing the same for a large city practice.

CENTRAL LONDON LAWYER | 7

WHLS

The Westminster & Holborn Law Society is proud to be participating in the London Legal Walk 2022 T

he Westminster & Holborn Law Society is proud to be participating in the London Legal Walk 2022.

The 10km walk will take place on Tuesday 28 June 2022 and, as always, is followed by a street party in Carey Street.

This event is a stalwart in the diary. It is a brilliant opportunity to socialise with fellow legal professionals and raise money for a vital cause: pro bono legal services.

Over 100 charities offering free legal advice in London and the South East receive funding from the London Legal Walk each year. These charities play a crucial role in filling the gap in access to justice left by cutbacks to legal aid. They help vulnerable people in our community: women and children facing trafficking and labour exploitation; homeless people and families living in unacceptable housing conditions; people living with disabilities; people facing unfair dismissal or discrimination in the workplace.

If you would like to walk with us, please email cwhlawsoc@ gmail.com.

Find out more about the event on the London Legal Support Trust's website: https://londonlegalsupporttrust.org.uk/ourevents/london-legal-walk-2022/ ■

Step up for LLST W

e’re delighted to announce that The London Legal Walk will be back on 28 June 2022. We’ve already had 75 teams sign up and we’re hoping that the event will be bigger than ever this year and with your help, raise £1 million. Get your team together and sign up now https://rebrand.ly/ LLST-LLW-2022.

Quote from Nezahat Cihan, CEO of London Legal Support Trust: “We are excited to welcome back as many teams as possible this year for the walk. The Legal Walk is not only a fantastic opportunity to raise much needed funds but it is also a great opportunity for team bonding, especially during a time when so many of us work from home. LLST remains committed to continuing to raise desperately needed funds for legal advice agencies in London and the South East. As the pandemic continues to dominate the headlines and impact our lives, these funds are needed more now than ever.”

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obstacle course. You’ll leap through fire, practice your spear throwing, climb up cargo nets and, of course, get very muddy. Sign up on your own or as a team at https://rebrand.ly/ LLSTSpartan22.

If you’re more of a daredevil, why not take on the biggest freefall abseil in the UK? At a dizzying height of 262m, you’ll be abseiling down the ArcelorMittal Orbit sign up at https://rebrand.ly/LLSTAbseil22, taking in the unique view of London as well as seeing if you really do have a head for heights or not.

If you’d like something a bit more on the quiet side, we also have the very picturesque Kew the Run, a fantastic 10K run through Kew Gardens https://rebrand.ly/LLSTKewTheRun22.

Your support is vital and it helps people like Monica who was unfairly dismissed from her employer while pregnant. With support from an LLST Centre of Excellence, she was able to get a settlement that provided for her and her baby.

However you support us, your donations make a real difference to real people. Visit our website at https://rebrand.ly/LLSTChallenges22 to see our range of challenges and other ways you can support LLST. ■

WHLS

Twinning with the Paris Bar Historic signing ceremony with President Matthew Allan

Matthew Allan with Christian Brugerolle

W

e were lucky to be able to attend this historic ceremony in-person before the omicron variant took a hold and meant a return to virtual international events. It was an opportunity to meet bar leaders from all over the world, and our President Matthew Allan made many useful connections on behalf of our society and its members.

The Paris Bar organises several events around their opening of the legal year, the Rentrée. The first session, entitled “Witnesses” was with a panel of lawyers and journalists who spoke on Afghanistan. Prominent among them was Rana Habibi, an Afghan lawyer exiled in France, who was a law professor and head of Women’s Rights Department in the Afghan Ministry of Justice. Rana defended women in prison, girls forced into marriage and interviewed women in hospital. She worked with women who had attempted suicide by setting themselves on fire. She taught human rights law and international law, and organised symposiums for women and for religious men to understand women’s rights. Rana lived with her husband and children in Herat, where her husband was a doctor, a film maker and an activist. They were evacuated in August last year. Her message was a plea for support, and that we never allow our governments to recognise the Taliban. Her contribution was followed by the President of the Afghan Bar who had believed once that Afghanistan could have been a beacon for human rights and change in the whole region, but that all came to an end in August 2021.

A session followed on Equality, Rule of Law and the New Economy and was sub-titled: “Is commitment to society an integral part of the legal profession?” Speakers focused on the role of the legal professional and social justice in the divided society. They also addressed racial and gender equality and

economic inequalities. The President of the Port-au-Prince Bar, Suzy Legros spoke, as the first President since the previous President of the Bar Duval was murdered. She reported that the Bar is still fighting for justice for President Duval. Suzy told us that four other lawyers have been killed, and there is a culture of fear from gangs which threaten lawyers and even go into Court to intimidate lawyers. She was followed by Stefan Von Rammer, President of the Deutscher Anwaltverein who reported on proposals to make the European Court of Human Rights less of a decision-making body, and more as an advisory body. There are 161,000 cases in the backlog of the Court.

In addition to the seminars, was the ceremony of Rentrée and the young lawyers oratory competition, very dramatic, and a display of the French advocacy skills. There was a gala dinner in The Ritz, and several cocktail and lunch events in the historic Paris Bar building.

Not the least of the ceremonies was the signing of the twinning agreement with the Paris Bar. Presided over by Christian Brugerolle, Head of International Relations at the Paris Bar, who introduced us to the Batonier Olivier Cousi for the ceremony.

Matthew Allan was invited to the exclusive top floor of the Bar building for the ceremony. The WHLS International Committee hope there will be an occasion during 2022 for the Paris Bar leaders to visit London and to meet with our members in order to forge useful relations for the benefit of our legal practices and our clients. ■

Professor Sara Chandler QC (Hon) Past President of the FBE

CENTRAL LONDON LAWYER | 9

SUB-COMMITTEES

The Law Society Council – What can I tell you?

Paul Sharma is immediate past President of Westminster and Holborn Law Society and Council member for the same – now called London Central

A

s a member of the Society’s governing body, the Law Society Council, I want to tell you what the body is doing and what I’m doing. You ought to be involved to the fullest extent and I want to keep the promise I made when I was elected that I would be accountable to you.

Of course, I have issues that I want to champion, and I want to work on them with other Council members. I believe that The Law Society (TLS) should be all about the members. To bring this about, we need a rethink about our vision, purpose and what we plan to do. We also need to investigate how TLS can better support its members when they appear before the Solicitors Disciplinary Tribunal. Your help in these matters would be gratefully received.

But I have to say that being accountable to you ain’t easy. When I receive the agenda, I find most items are confidential and

Paul Sharma

cannot be discussed outside Council meetings. And guess what? This will include those items that are the most important to members. I’d like to talk to you about them, but I’m gagged.

We understand why the public must be excluded from discussion in local authority committees on some sensitive items. They may involve business bidding for contracts and some information about them are commercially sensitive. But what about the Law Society?

A handful of our issues may be commercially sensitive. I have been told that some items will be confidential for tactical reasons – whatever that means. I, though, suspect that items are confidential not because members want that, but rather that’s what the Law Society staff wants.

So, what can I tell you? Because I’ve been gagged – very little! ■

Membership Representing the 10,000 solicitors across Westminster, Holborn and Central London JOIN US! There are many great reasons to join our Society or renew your membership. Here are just a few of them: WHY JOIN? ■ Y ou will be part of a welcoming, diverse and vibrant law society with links to, and events with, regional and international legal organisations.

■ You will have opportunities to meet and network with lawyers from other bar associations and legal organisations across London, throughout Europe and around the world. Our Society is twinned with numerous foreign bars, including the Paris, Berlin, Milan and Barcelona bar associations. We also have strong relations with many other bar associations around the globe.

■ You will be able to attend most of our fantastic professional development and social events for free.

Some recent highlights include our Holiday Party at Middle Temple Hall, Annual Dinner and Champagne Reception at the National Liberal Club and Summer Yacht Party.

10 | CENTRAL LONDON LAWYER

■ Y ou will get a free subscription to our Society's quarterly magazine, Central London Lawyer, helping to keep you informed about the latest legal developments and providing you with the opportunity to write articles showcasing your legal expertise.

■ You will have the opportunity to apply for, or nominate a candidate for, the Rising Star Award open to newly qualified solicitors.

■ You will have many opportunities to develop your leadership skills through involvement in our International, Litigation, Law Reform, CSR & Pro Bono, Conveyancing, Equalities, Diversity & Inclusion, Education and Training, Junior Lawyers Division, Publicity and Social Media and Membership committees.

HOW TO JOIN OR RENEW Just fill out the membership form on our website and follow the payment instructions. If renewing, please complete the form if your details have changed.

If you have any questions, please contact our Membership Chair Joanne Skolnick via email at cwhlawsoc@gmail.com. We would love to hear from you and welcome you to our Society! ■

SUB-COMMITTEES

T

he fallout from the Euros, and life in general for some, must have led to difficult conversations between parents and children up and down the country. As a Mum to a new-born I imagined my own daughter turning to me in the future and asking "What’s racism Mummy?". I haven’t been able to stop thinking about what I will say to her in response since. It’s an important question and not one that only children should be asking because the answer is critical to the understanding of ‘race’ in our society today.

An understanding of ‘race’ here and now in 2021 is critical to denormalising racism so let’s have the discussion.

Nadine Simpson-Ataha

Why it’s time to stop talking about ‘race’ Nadine Simpson-Ataha, an employment lawyer at Taylor Wessing challenges the concept and language of ‘race’

The FBE Human Rights Oratory Competition

T

he FBE Human Rights Oratory Competition for law students, para-legals, trainee solicitors, newly qualified solicitors, and apprentices and will be held 13-14th May in Bilbao.

It is a wonderful opportunity for JLD members and local law students to get involved in the FBE, and to meet other European lawyers. In the past we have funded 2 candidates and one year one of our candidates won. Please contact sarachandler. lawsociety@gmail.com for further information as soon as possible, and by 1st March at the latest. ■

The concept of ‘race’ has been part of day-to-day life for many decades. It stems from a body of theories known as ‘race science’, which was perpetuated in the early 1900s as a tool to secure economic and social power for a few. The theories were used to marginalise people and led to some of the most deplorable behaviour against human beings that the world has ever seen; behaviour that was justified by the idea that nonwhite people were inferior subspecies, i.e. different ‘races’, undeserving of the standard of treatment afforded to the majority of white people. Racism is choosing to ignore the biological fact that we are all one species – Homo sapiens –, and instead believing that a person who happens to have a skin colour that is different to the one that you have is inferior to you and should be treated as such. It can be exhibited to different degrees and in a countless number of ways (a separate topic for another time).

‘Race science’ has never been shown to have any grounding in biology yet the myth that people of different colours (and people of different nationalities, ethnic origin and a number of other categories if you go by the Equality Act 2010) are different ‘races’, i.e. different sub-species, continues to be perpetuated throughout our public discourse. This happens within schools, businesses, via the media and law. It’s been happening for so long it’s not questioned and is accepted as a norm. That has to change.

Reform in our use of language is needed across all spheres of public life. From a legal perspective, as a specialist in employment law, I find it laughable that the Equality Act, the very law that is supposed to be a beacon of inclusivity and fair treatment, refers to ‘race’ given its connotation. Colour, nationality, ethnic origin or national origin, examples of the basis on which it is unlawful to discriminate against someone, are each very different characteristics that should standalone as such; not be lumped together under a redundant and inaccurate umbrella term. I have no doubt that there are many other pieces of legislation known by other specialists that could be reviewed and revised in a similar way.

Will this eradicate racism? Of course not. But it will fundamentally change the narrative away from language that normalises, and excuses, the belief and behaviour of racists whilst positively changing the psyche of future generations. That can only be a good thing. Racists will always exist, just like rapists and flytippers, but that doesn’t mean that we shouldn’t do all that we can to let them know that what they do is not ok. Actions that have beentaken so far clearly haven’t worked so let’s wind right back to the basics and start again. ■ This article first appeared in Legal Women www.LegalWomen.org.uk Page 31 of the November issue

CENTRAL LONDON LAWYER | 11

ARTICLE

Making flexible working the default This is the response of the Law Reform Sub-Committee of The City of Westminster and Holborn Law Society (the Society/CWHLS) to the Department for Business, Energy & Industrial Strategy’s call for evidence on Making flexible working the default.

CWHLS

represents the 10,000 solicitors across Westminster & Holborn, and provides a forum for networking and promoting professional legal services in the 21st Century. We are non-political. Our Law Reform Sub-Committee seeks to engage in debate and dialogue regarding law reform, and to offer opinions and views about proposed changes to, or developments of, the law. In replying to this consultation we do not seek to support the interests of either employers or employees and the Law Reform Sub-Committee has not carried out a survey of all employment lawyers who are members of CWHLS. Our Law Reform Sub-Committee is chaired by Philip Henson, Partner and Head of Employment at ebl miller rosenfalck, a leading international law firm.

Our members who practice in employment law may represent employers or employees, or both. Our employment law specialists are frequently instructed to provide legal advice at various stages of the employment relationship, including preemployment. regarding flexible working.

■ O ur members who are employer focused are instructed to consider flexible working during the employment relationship. This can include formal and informal requests under the current flexible working regime. Often this will involve drafting and updating flexible working policies and reviewing and updating policies and guidance each year taking into consideration changes to case law and best practice. Solicitors representing employers may also be asked to review the suitability of granting or refusing requests for flexible working, and responding to any grievances, or employment tribunal claims, arising out of decisions relating to flexible working.

■ Our members who are employee focused are often instructed to advise on formal and informal requests for flexible working, and any appeals of such decisions, and also relating to grievances in response to a decision to refuse a flexible working request, and/or to assist with litigation relating to a request for flexible working.

In preparing this response we have sought to use plain English and, where possible, to remove the use of legalese, so that it is accessible to all who read it.

Our Response We now set out our replies to the current consultation. For ease of reference we set out the questions of the consultation below and our responses in italics.

Who are you?

CWHLS represents the 10,000 solicitors across Westminster & Holborn, and provides a forum for networking and promoting professional legal services in the 21st Century. We are non-political.

If you represent employers or employees, who do you represent?

CWHLS represents the 10,000 solicitors across Westminster & Holborn, and provides a forum for networking and promoting professional legal services in the 21st Century. We are non-political.

12 | CENTRAL LONDON LAWYER

Do you agree that the Right to Request Flexible Working should be available to all employees from their first day of employment?

Agree.

Please give reasons for your answer, including any considerations about costs and benefits that may affect employers and/or employees.

At present, the flexible working regime contains a number of broad exceptions which permit an employer to reject a request while alluding to one of the reasons without detailed consideration of an application. While we acknowledge the legitimate interests of business in being able to reject applications where this would cause undue difficulty for operations, the result of the breadth and lack of substantive standard against which to measure any requests does mean that the current regime can generally be regarded as a procedural obligation that does little to truly change working cultures or offer genuine flexibility to employees.

This proposed change would provide a catalyst for employers and employees to understand more about what flexible working means and the options around flexible working, which are not just restricted to requests to work from home, but which is the most common subject matter of a request. If implemented correctly, with adequate awareness campaigns and educational support (including specialist guidance from ACAS) – and if the business community was supportive of the suggestion – then it has the potential to transform the working relationship and the future of work without reduction in output (contributing to remedying the productivity gap).

In the future there is the potential for flexible working to be as simple as opting in to receive cookies on a website, selecting whether you are seeking flexible working. For example, for employers to set out what they are looking for and to seek to find a solution by seeking to match the hours that an applicant is looking for.

There are many challenges to the proposed approach, and one will be how employers deal with a request for flexible working at any time when they have other members on the same team, or within the same grouping of employees, who might be interested in working flexibly, but either are not aware of their rights, or who put in a request later. In the latter situation an employer may feel that it is not able to provide flexible working to the more recent applicant. It may be necessary to implement stronger protections for those who seek flexible working in order to ensure prospective or current employees feel able to ‘tick the box’ that they seek flexible working without fear of reprisal.

Given your experiences of Covid-19 as well as prior to the pandemic, do all of the business reasons for rejecting a flexible working request remain valid? Please answer this question from the perspective of the employer.

Yes. If yes, please give reasons for your answer.

Whilst the list of business reasons remains valid, several of the

ARTICLE

supervisor/supervisors are working remotely. This is particularly important if trainees [who are predominately graduate level roles] are required to be in the office, whilst more senior members of the profession are keen to work from home. The quality of the training is also important as trainee solicitors make seek support and mentoring, or for reviews of their work/feedback on their work, from those who are physically in the office [who may not have the same level of subject expertise, or training on how to train trainee’s] than those who are working remotely.

As a wider societal point, flexible working can help those who are underrepresented – including working parents, and especially single-family parents. If there are positive changes which encourage flexible working then flexible working may increase in popularity, and it may reduce the stigma in saying to a potential employer, for example, “these are the hours which I would like to work for you”.

excuses which were used pre-pandemic are now less popular, and/or are more difficult to justify. That does not mean, however, that they may not be relevant in particular circumstances.

What became evident throughout the mandatory working from home period was that some employers may have initially experienced some challenges with adapting to working from home, or hybrid working, but it has been embraced by many.

As the mandatory stay at home period was lifted there was initially an influx of flexible working requests. Pre-pandemic employers have generally sought to reject a request for flexible working on the basis of: ■ E xtra costs – the pandemic showed that employers were willing to spend money to ensure that employees had the necessary equipment [telephones/computers/desks and chairs etc] to carry out their work effectively and safely whilst working from home.

■ N egative effect the quality or negatively affect performance – These two excuses to reject a statutory request are now less frequently relied upon as many employees have proven that roles can be carried out satisfactorily, and for some, even better, whilst working flexibly.

Professional advisory roles can usually be effectively carried out remotely. Previously in the legal profession there was a culture of presenteeism.

There was also an assumption that those whose work is exclusively litigation based would not be able to carry out that work to the same standard of service if they were not physically in the office or in Court. The same is true of transactional and advisory work, where some element of in-person contact was assumed to be necessary. However, with the onset of virtual hearings, and the embracing of corporate data rooms for transactions this is becoming less necessary.

In the legal profession there is a crucial need to ensure that trainee solicitors have adequate training and supervision to meet the requirements of the regulator(s) and also to fulfil the individual training and development needs of the individual. The key consideration from an employer’s perspective here is how that training can be effectively administered and delivered if the

There is a potential downside to the rise of flexible working, and on which we would encourage more debate, and that is whether there is the risk that it could create a barrier and an imbalance between those by the nature of their work can work remotely, and those whose roles require them to be physically present to carry out their jobs. If there is the perception that working remotely, provides a better quality of life, does that imply that those who roles are not suited to flexible working cannot work flexibly and are destined to have a lesser quality of life? Any moves to attempt to redress this distinction would have to be carefully considered to ensure they do not inadvertently discriminate against those underrepresented groups which flexible working patterns are helping to remain and develop in the workplace.

If no, please state which reasons from the list above are no longer valid and why.

As noted above, we consider that the reasons remain valid.

Although some are less likely to be used.

Employers and employees may benefit from more special guidance on the defence of the business “planning structural changes”, including the impact of revealing that information to employees.

Do you agree that employers should be required to show that they have considered alternative working arrangements when rejecting a statutory request for flexible working?

Agree.

Please give reasons for your answer.

If this were a light touch obligation which required employers to note that they had considered alternative arrangements when rejecting a statutory request then this approach might not be successful. If, however, employers were obliged to evidence what specific alternative arrangements they had considered [and to share that with the employee] then this may lead to further dialogue and exploring a common ground. This approach may lead to an informal request being made, and potentially accepted, by the employer, if the employer has indicated that they would be open to such suggestion. We consider that this open and transparent approach would be more likely to increase engagement and encourage the parties to find a workable solution.

Would introducing a requirement on employers to set out a single alternative flexible working arrangement and the business ground for rejecting it place burdens on employers when refusing requests?

Yes. Continued on next page CENTRAL LONDON LAWYER | 13

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Continued from previous page If yes, would this requirement have an effect on the time taken by employers to handle a request?

Yes, we anticipate that it might take additional time in the region of 10 hours per employee. This would include the time of the line manager/shift manager, and potentially other managers and the HR function and accounts, or the SME owner. However, the time requirement would be substantially reduced when requests come more frequent and set processes/standard forms develop.

Do you think that the current statutory framework needs to change in relation to how often an employee can submit a request to work flexibly?

No. Please give reasons for your answer.

There is an underlying concern that vexatious employees may wish to submit multiple requests when the underlying reason for the original request has not altered, and this could create disputes and result in litigation.

Do you think that the current statutory framework needs to change in relation to how quickly an employer must respond to a flexible working request?

Yes. Please give reasons for your answer.

The current regime does provide employers with a long period of time in which to consider an application for flexible working.

Employers are simply able to wait and provide their response.

The downside to this approach is that it may reduce the communication between the employee and the employer, rather than encouraging dialogue with a view to encouraging the parties to come to a workable solution, and perhaps involving other interested parties in the dialogue, such as employees with similar roles who may benefit from flexible working arrangements. For example, other employees who may wish to consider a job share with the employee making the application.

This could result in increased engagement from the employees, and also save recruitment costs for the employer.

If the Right to Request flexible working were to be amended to allow multiple requests, how many requests should an employee be allowed to make per year?

No amendment is required.

Please give reasons for your answer, including any consideration about costs, benefits and practicalities.

There is an underlying concern that a vexatious employee may wish to submit multiple requests when the underlying reason for the original request has not altered, and this could take up a lot of management time, create disputes and develop into costly litigation.

Especially, if the employer is not taking advice on the formal timelines for reply in each instance. This could have the unfortunate consequence of an employee being able to bring a formal a claim in the employment tribunal for a breach of a statutory obligation, and – depending upon the form of the complaint – be held to be a protected disclosure, thus potentially opening up the employer to litigation.

If the Right to Request flexible working were amended to reduce the time period within which employers must respond to a request, how long should employers have to respond?

More than two months, less than three months.

14 | CENTRAL LONDON LAWYER

Please give reasons for your answer, including any consideration about costs, benefits and practicalities.

Our members represent employers of all sizes from SME’s to global businesses and employees across all areas of seniority.

Some of the former may not have any internal HR function, and may rely upon external advice and support.

Some employers may not be aware of the timescales to reply to statutory requests, and there needs to be a balancing exercise between the legitimate expectation of an employee for their employer to consider their statutory request, and the ability of the employer to provide a response.

Are you aware that it is possible under the legislation to make a time-limited request to work flexibly?

Yes. Although this is very rarely utilised.

What would encourage employees to make time-limited requests to work flexibly? Please provide examples.

Employees could be encouraged to make time limited requests to work flexibly if they were made aware of the position under the current regime. This could be included in a policy document, or within an ACAS guidance note.

Employers and employees would benefit from an awareness campaign of existing rights, including all the potential varieties of flexible working and how they may be utilised.

Please share your suggestions for the issues that the call for evidence on ad hoc and informal flexible working might consider.

The Government may wish to call for evidence from employers who have rejected a formal request for flexible working and then set out an informal proposal to an employee, or suggested that an employee may wish to make an informal request which is outside of the statutory regime. Also to consider whether there was any other type of leave which could have been utilised as an alternative to an informal request for flexible working.

The call for evidence may also wish to seek evidence from employees who have made informal requests to work flexibly and how those requests have been considered. In particular, the time that it has taken their employer to reply to their informal request and whether it was quicker than the current statutory time limits.

As a general point there appears to be a growing group of voices who are interested in ensuring that employers advertise the desired hours of any role, and to also require employers to advertise whether they would consider a job share. To encourage that approach may bring about a spirit of openness between the employer and job applicants and also encourage employers to carefully consider what they are looking for in the new role, and what is essential. It may also help to retain talent and be a way to access talent.

It needs to be considered as to whether there need to be any modifications to the current immigration regime to encourage flexible working. For example, if there is a restrictive requirement that an applicant needs to earn a specific level of salary, or to work a minimum number of hours, in order to qualify then for the Government to consider whether those requirements can be modified to reflect that the role is proposed for flexible working.

We are grateful to the following talented legal professionals for their contributions towards our reply to this call for evidence: Rachel Kimberley (Just Group Plc) and John Morgan (Eversheds Sutherland). Thank you. ■

ARTICLE

Women in the law: Breaking bias I. Stephanie Boyce

By I. Stephanie Boyce, President of the Law Society of England and Wales

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his year will mark the 100-year anniversary of the first woman to become a solicitor in England and Wales.

In December 1922, following the Sex Disqualification (Removal) Act 1919, Carrie Morrison was the first to make it across the line, with Mary Pickup, Mary Sykes and Maud Crofts also admitted.

Throughout her career, Morrison argued for changes to family law procedure and legislation, equality between the sexes and acted pro bono for people living in the East End and at Toynbee Hall – which works with people facing poverty and injustice in London.

The position has changed dramatically since 1922. The Law Society’s Annual Statistics Report 2019 found that in the year to 31 July 2019, 63.1% of new admissions were women.

However, there is ongoing under-representation of women at senior levels. In the year up to 31 July 2019, there were 8,708 women partners compared with 19,322 male partners.

create a profession that is fully inclusive.

As part of this, we urge our members to sign our Women in Law Pledge, which commits them to setting high level targets to make a difference for gender equality within their organisation.

We also encourage them to engage with our Women in Leadership in Law programme, which aims to develop an international platform for women and men to discuss how to support women in leadership roles in the profession.

We find ourselves at the beginning of the New Year, which offers solicitors new challenges as well as new opportunities. I hope our members will commit to action that accelerates that progress in the next five years. ■

We are aware more needs to be done to bring women solicitors into the profession and nurture their talent, support them and ensure they progress to work in senior positions.

In 2020, the profession welcomed the news that Georgia Dawson was elected as Freshfields Bruckhaus Deringer’s senior partner, becoming the first woman to lead a ‘magic circle’ firm. Dawson is herself vocal about creating an equal playing field for women and was the keynote speaker at our Fiona Woolf Lecture last year, where she called for an end to billable hours to improve the ecosystem and help achieve gender parity in the profession.

Gender pay gap At the Fiona Woolf Lecture, we launched our Gender pay gap reporting: What can be learned from the 2020 snapshot? which analysed data from the 41 largest law firms in 2017 and 2020.

Gender pay gap reporting became mandatory in 2017 and since that time the legal services sector has made some steps towards gender pay parity, but there is still much more to do.

The report provides some important benchmarking data and insights, meaning that workplaces and firms can assess their approaches so far and learn from their peers.

As workplaces prepare for their fifth year of gender pay gap reporting, they will be able to consider the impact the pandemic has had. There is evidence that the pandemic has disproportionately affected women’s careers, as women were more likely to have cared for their children when schools and nurseries closed during lockdown. As such, there were changes to working hours and work responsibilities, which though welcome flexibility and support from firms at the time, could also have longer term career implications.

Pay gap reporting was designed to increase transparency and in doing so to encourage action. We hope our analysis will renew focus on how we can close the gender pay gap and CENTRAL LONDON LAWYER | 15

ARTICLE

Overcoming barriers in the legal field

By Charity Mafuba

M

y fascination with law began when I was 32 years old. I had been working for Kingston Social Services for 10 years in various roles and departments. My last role also entailed advocating for clients to the finance panel, on the premise of convincing them to approve funding for permanent residential placements. That’s when it dawned on me that I wanted to pursue a career in law.

The first barrier, I had to contend with was a psychological one.

This was to do with my age. I felt it was late in the day for me to be commencing my foray into education as a mature student.

This was premised on the fact that I would be 33 years old when I commenced the degree. The 3-year duration of the LLB Law degree was an enormous deterrent, as this meant that I would be 36 on completion of my degree. Moreover, this would just be the first stage of the requisite education I would need to complete. By the time I completed all the requisite courses, I would be almost 40 years old, gearing me up for further barriers which would potentially impede my career progression.

The second barrier was a financial one. Given my aspirations of being a commercial barrister, I would then need to complete a post graduate course, the BPTC. The cost of funding this was almost £20,000. Having already financed my undergraduate degree with student finance, this time round I would not be in a position to finance the entire cost using that option. Only half, meaning I would need to explore other avenues to secure the remainder. My credit score at the time meant that I would need a guarantor, which was not feasible, given my circumstances at the time. I was also did not want that pressure on my conscience.

The third barrier would be that of securing a pupillage. It is an established fact that pupillages are scarce and the majority of them are awarded to a certain type and class of candidate with criteria that I barely met. Having considered all these factors, I decided against pursuing a career in law through this route.

The alternative was the solicitor’s route. This too would require me to complete a postgraduate course, the LPC. The cost of funding was almost £17,000. Again, this came with similar cost implications to the BPTC. The slight difference being that obtaining a training contract would most likely be less arduous than attempting to obtain a pupillage. However, similar to the BPTC, having given consideration to various factors, I also decided against pursuing a career in law through this route.

The fourth barrier I encountered was, obtaining requisite legal experience. I decided that is was imperative for me to obtain practical legal experience. Thus began my quest to secure a paralegal role. I did not envisage the herculean effort it would take to achieve this. Having graduated with a high 2:1 in my undergraduate degree, I naively thought that I would be in a good position to secure a paralegal role within a short period of time. To state that I was in for a rude awakening would be an understatement. All the jobs I applied for, would have the same feedback, “You have good grades, but lack the requisite work experience”. In order to sustain myself, I resorted to going on benefits, something I had always vowed against doing. But that old adage “desperate times call for desperate measures” personally rang true, and I had no option but to sign on. Not 16 | CENTRAL LONDON LAWYER

to be deterred, I started attending various networking events on the premise of establishing contacts who would enable me to build up the work experience that had prevented me from securing a paralegal role to date.

After what seemed like an eternity, a white, male partner was my saving grace. He willingly provided me with a week’s work experience in his department at a Silver Circle firm. Once I updated my CV to reflect this, I was able to secure a legal internship and finally secured my first official paralegal role, a year after graduating from law school.

Although it was for a limited duration, the Manager of the Trade Finance Department introduced me to another white male partner from a renowned Trade Finance Law Firm in the City, who graciously made an exception and provided me with two weeks work experience. This bolstered my legal work experience and was instrumental in my being able to secure a subsequent paralegal role at a Lloyd’s Insurance Company where I garnered invaluable experience of drafting and amending contracts. Which will no doubt be useful when I am a qualified, as I am keen to work as a transactional lawyer.

I was also able to secure mentoring support through the International Trade Finance Mentoring scheme. My designated mentor assisted me in various ways and provided me with insightful information on how to navigate a legal career.

In 2019, I decided that I wanted to be a New York attorney and commenced the New York bar course through Barbri. I sat all the requisite exams which I passed first time in 2020 and 2021 respectively during the pandemic whilst working full time and am currently awaiting admission to the New York State bar as an Attorney and Counselor-at-Law. This enabled me to access the Qualified Lawyer Transfer Scheme and I simultaneously undertook the Multiple-Choice course, sat the exam beginning of July (which I passed) at the same time I was preparing for the New York Bar exams end of July and Mid-August.

I subsequently sat the QLTS OSCE exams end of November and am awaiting the results which are due out, end of February or beginning of March. They will enable me to qualify as an England and Wales Solicitor. All in all, I sat a total of 30 exams in 2021.

How did I overcome all these barriers? Resilience is key.

Sometimes you have to Adapt. Be prepared to change strategy, the end goal is the same. I will be a dual qualified lawyer before the end of the year because I dared to overcome these barriers. ■

ARTICLE

Farima Perry

The pursuit of Flowers and Law

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hanks to Sarah Bradd (Editor-in-chief of the CWHLS CLL Magazine) who had an amazing time at the CWHLS party in December 2021, where she enjoyed making Christmas wreaths and chatting with Farima Perry who runs her own legal practice and owns a Florals and Events business – that we decided to interview her for this edition.

1. Tell us about your journey into law I had a slightly different journey. I first completed a degree in Banking, Insurance and Finance and then I completed my CPE. As an Indian female in the late 90’s it was very difficult to secure a training contract in any of the top magic circle firms and I wanted to have a different and an additional qualification under my belt to try to set me apart from other applicants, which I think that I achieved. During my Banking degree I interned in Lehman Brothers and UBS where I think that I really got a taste for working in Banks and in-house which I swiftly moved into to practice law after qualifying.

2. How did you become a lawyer?

I was first a paralegal at Shearman & Sterling after which I did my New York Bar and then qualified as a Solicitor later on.

3. Did you decide to establish a law firm and did you find the process easy or challenging?

I don’t have a law firm but thanks to the SRA reforms in 2019, I practice as a Freelance Solicitor where I provide non-reserved legal services under my company – Perrys Law. I specialise in the legalities relating to the Hospitality, Wedding and Events industry, which includes advising both venues and businesses and individuals within the industry. The wedding industry is worth £14 billion and it is only in the pandemic, that it gained recognition as an industry itself, due to the major financial catastrophe wedding businesses went through. I also sit as General Counsel to the Government appointed UK Weddings Taskforce.

4. What area of practice do you specialise in?

I used to specialise in Derivatives and Structured Products for a long time until I left the City, now I specialise in Commercial Law. 5. We understand you have a floral business; can you tell us about your floral design and wedding and event planning?

Yes of course. In 2015 I decided to take a little pause in the law and undertook floristry diplomas and wedding planning accreditations both in the UK and in the US. I just wanted to do something creative after 17 years in the City and I had always had a passion for flowers. After completing those diplomas, I didn’t really know what to do, and my husband (who is also a lawyer) encouraged me to open a flower boutique. I very naively took up the challenge! Not having a clue whatsoever as to how to run a business. However, I got extremely lucky having recruited the most amazing staff, and we have grown from there to now being one of the top floral designers in London. Once I had established the business for floral design and we had created a brand, as such, I then launched the wedding planning business so that people could see what we were capable of producing. And now we produce weddings all over the world. Of

course, we have our challenges every day and the pandemic hit us and the industry hard, but we have to keep on going.

6. What is it like practicing law and running your business?

Extremely Hard Work….no other way to describe it!

7. What is the synergy between both?

Well I’m lucky that I have been able to gain experience in the Events Industry and then apply that working knowledge in my legal practice which is quite rare. So it works very well.

8. What challenges (if any) do you face as a freelance solicitor and floral business owner and how has the knowledge of law assisted?

The knowledge of law has been vital in assisting my wedding planning clients negotiate their contracts with venues and suppliers and to simply be able to guide them through their legal rights. I think that being a lawyer has definitely attracted clients to the business as they feel that they are in safer hands.

On the other hand, advising clients in my legal practice, about an industry I have a very good working knowledge of, and being able to see the argument from both perspectives, is priceless.

9. Employees – do you have the same employees that assist in the floral business and as a freelance solicitor, if no, how do you manage the distinction?

I don’t have any employees in the legal business as I am not allowed to as a freelance solicitor, but I have employees in the Florals and Events business – who are of course the backbone of the business and I wouldn’t be here without them.

10. How did the Pandemic affect your businesses and what steps did you take to address the issues caused?

We actually opened another floral boutique in August 2020 in Essex, in the middle of the pandemic as weddings and events were halted which really affected us. I wanted to find a way to keep the brand alive and growing as we are still young in the industry. It was a huge financial burden to take on, but I think we can see the light at the other end now.

11. How has diversity & inclusion and/or socio-economic issues played a part in both of your businesses?

It doesn’t really play a part in the Florals and Events businesses as we hire the best people we can irrespective of diversity and socio-economic background. However, as a young Indian female lawyer when I started out, there were definitely struggles and prejudices, and I feel I had to work twice as hard to prove myself and show my abilities.

12. How do your clients react when you tell them you’re a lawyer and a florist/events planner?

They love it. I think it gives them a lot of comfort.

Continued on next page

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Continued from previous page 13. Have you faced any stereotypes in the legal industry as a result of your business and vice versa?

No, I don’t believe that I have. I think most people love the fact that I can do both. I also think that it helps that I was a lawyer for a long time before I started my Florals and Events business. So hopefully I have credibility in both fields.

17. What would be your advice to a lawyer seeking to pursue both law and business?

Go for it. But remember that it is not a walk in the park and involves focus and extremely hard work. You do everything at the start and wear every hat. The Believer, the Money Manager, The Salesperson, the Planner, the Decision Maker … the list goes on.

Be prepared to do that. It is very different to being an employee. ■

14. Has the growth of either your legal practice or the floral business affected the other and how did you manage the result?

I feel I am always time-poor, but then you have to manage your cash flow and make sure that you can employ more people to manage growth. That is always a struggle to get that balance right.

Kene Onyeka Allison CWHLS Editorial Board and Guest Editor of February edition

15. What achievements are you most proud of and why?

I am hugely proud of the fact that I achieved both my dreams of becoming a lawyer, doing well in it (hopefully) and then being able to build a business which I absolutely love.

16. What tips would you like to offer young solicitors struggling with their career, businesses, etc.

The only tip I have is to surround yourself with people that lift you up and are better than you. People that you can learn from.

You should always be learning. As the saying goes, we are the average of the five people that we spend the most time with. I live by that rule.

3 Key Law Firm Trends for 2022 and 3 Key Legal Client Trends

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here’s one thing that legal firms who are growing their revenues do more of than other firms: embrace cloudbased and client-centred technology.

That’s according to research from practice management software provider Clio’s brand-new Legal Trends Report, which looked at technology adoption among firms.

In 2018, only 23% of consumers were open to working with a lawyer remotely. Now, as shown in the 2021 Legal Trends Report, much of this change is client-led:

Following on insights from last year’s report, which showed significant levels of technology adoption among law firms, this year’s research indicates that new technology-enabled capabilities are part of a longer-term shift that will be further driven by consumer demand for more remote-enabled legal services.

■ 79% of consumers see the ability to work remotely with a lawyer as a key factor in choosing who to work with.

■ 67% said they would look for a lawyer offering both remote and in-person options when searching for a lawyer.

■ 58% want the option to have a consultation through video.

The Key Actions of Growing Firms The 2021 Legal Trends Reports observed that growing firms (that is, firms who had on average increased their revenues by 135% since 2013), had adopted cloud-based client-centred solutions at much greater rates than other firms. Overall, those firms who were growing were:

These are just some of the findings from Clio’s recent Legal Trends Report, which has been published annually for six years.

Now widely considered the trusted resource for insights into the current and future state of legal, it comprises the aggregated and anonymised data from tens of thousands of legal professionals and surveys from both lawyers and consumers, Clio constructs a holistic picture of the legal industry today, and what the future trends are likely to be.

■ 41% more likely to use online client portals ■ 46% more likely to use online client intake and relationship management solutions ■ 37% more likely to be using online payment solutions Client-Led Change The increased adoption of technology also reflects a massive change in legal client attitudes and expectations.

18 | CENTRAL LONDON LAWYER

The 2021 Legal Trends Report is available to download for free at clio.com/ltr-london.

To learn more about how Clio supports growing law firms and how it can support innovation at your law firm, visit www.clio.com/uk. ■

REPORT

WHLS Xmas 2021 Report W

hat a successful and brilliant evening the Christmas party held in December, at the stunning location of the Middle Temple Hall was. It was great to catch up with colleagues from the London Young Lawyers Group and Middle Temple Young Barristers’ Association.

There was the opportunity to make a Christmas wreath, attempting to ride bucking reindeer the chocolate fountain and of course, it wouldn’t be Christmas without singing a carol or two!

CWHLS would like to thank our sponsor Assurety for a fantastic evening and to all of the team who assisted with making the evening a great success. It was greatly appreciated by all members. ■

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

© Simple Sam Photography

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ARTICLE

Time for Reform: Neurodiversity and CJS L

ast year’s review has long been overdue. Lord Chancellor and Secretary of State for Justice, Rt Hon Robert Buckland QC MP review produced several key findings aimed to promote a better understanding of their impact of neurodiversity within the criminal justice system (CJS). As of March 2021, there are 1.07 million people within the UK criminal justice system. With 15%-20% of the world’s population estimated to be neurodiverse, an individual with autism, dyslexia, dyspraxia, ADHD, it is reasonable to estimate that a high percentage of those within the criminal justice system are neurodiverse. In addition to navigating a society that is set up to benefit “neurotypicals”, these neurodiverse individuals must navigate the complex framework of the CJS system.

More research is needed in this area. Findings from studies conducted to date on neurodiverse individuals in the various prison systems around the world have three main findings: First, neurodiverse groups are over-represented in the prison system, compared to the general prison population. Second, they often have “hidden differences” when compared to their neurotypical counterparts and therefore experience a lack of appropriate response towards them by prison staff. Finally, the lived experience is particularly difficult for the neurodiverse when compared to the general prison population.

One research team (Young, S. et al, 2018), found 32% of the prison population in their study were neurodiverse, with ADHD (25%) representing the highest form of neurodiversity. It is thought that ADHD is particularly common amongst prison populations, with one Swedish research team finding prevalence rates as high as 40% in their study.

Those with neurodiversity, but perhaps particularly ADHD, have a bad time in a prison environment, as the difficulties around remaining focused and attentive during, for example, probation interviewing/work can prove problematic and, for those undiagnosed, may result in incorrect interpretations in terms of engagement and attitude, making them more vulnerable within the system (Usher et al., 2013). For example, functional impairments can impact the individual’s ability to follow the basic rules of the court and probation (Colwell et al., 2012).

These findings suggest that there is a greater need for key actors within the criminal justice system such as the police, prison staff, lawyers, and probation officers, to be more empirically aware of neurodiverse groups’ differences, and be able to respond in a manner that is guided by evidence and best practice. This is something that the Lord Chancellor’s review concurred with.

Much like other organisations, the Institute Of Neurodiversity (ION) welcomes several of the recommendations made in the review. These include; ■ T he implementation of a robust system of screenings for neurodiversity. Understanding the scope of how many 20 | CENTRAL LONDON LAWYER

neurodiverse individuals are currently within CJS is essential to being able to support their needs.

■ An increased in coordination between departments within the civil service. The review recommended greater interaction between the Home Office, Department for Health and Social Care, and the Department for Education and the Welsh Government as well as a national strategy of support for neurodiverse. Collaboration between these departments and through a national strategy will lead to greater understanding of neurodiverse needs.

■ More training on neurodiversity for CJS staff. This a crucial outcome of this review as staff should be aware of what neurodiversity is and how to best support neurodiverse individuals. As Noori Piperdy, policy officer of CLINKS points out: “User Voice reported that 76% of the service users they spoke to stated that staff in the criminal justice system did not understand their neurological needs.”

Understanding the needs of a neurodiverse individual is a key step in respecting their dignity as a human being. As part of the training, the review suggested the need for a campaign of awareness as well as bringing in external partners into the development of the national strategy and training. The ION welcomes such an action as staff will benefit from in-depth knowledge which neurodiverse advocates can provide. In turn, advocates will be able to recommend reforms which ensure that neurodiverse individuals are better supported and that structural changes are made.

For this reason, the ION and its partners will hold an annual summit covering neurodiversity within the criminal justice system, looking at research, awareness, and solutions to the unacceptably high level of incarceration for neurodiverse individuals. ■ Charlotte Valeur is the Chair and co-founder of the ION. She has over 40 years of experience in finance, primarily as an investment banker in Denmark and the U.K. She coined the phrase “board apprentice” and founded an organisation of the same name in 2014 to encourage more diversity of all types on public and private boards across the world.

ION’s vision is to be a significant part of developing a world where Neurodiverse individuals are spotlighted for positive things as opposed to negative and to help create a world where Neurodiverse individuals feel accepted, represented, included, empowered, and heard. For more information, to donate or become a member or visit www.ioneurodiversity.net.

ARTICLE

Wired differently?

By Haravneet Jabble, Paralegal

Haravneet Jabble

W

hat is Neurodiversity? Jonathan Andrews explained that neurodiversity is essentially a ‘different wiring’ of the brain. This definition was given on the 25th of January 2022 by Jonathan when he gave a presentation for the Equality, Diversity and Inclusion Committee regarding neurodiversity and the legal profession.

The term neurodiversity includes conditions such as autism, ADHD, Tourette’s syndrome, Dyspraxia and, Dyslexia. This was a really important list for me, as it was at that point that I discovered that I had a neurodiversity. I know that it may seem obvious to many of you reading this, but I had never thought that Dyslexia was a condition that was considered a type of neurodiversity. I knew that Dyslexia was considered a disability under the Equality Act 2010, I just had not made the connection that it was also a type of neurodiversity. This was both educational and surprising for me.

The presentation I was attending on the premise of learning more about equality, diversion and inclusion, had now become very personal. I learned about dyslexia and some of the strengths of those who are neurodivergent, such as commitment and loyalty, which I hope relate to me. Moreover, I also learned about some of the strengths that do not relate to me. Such as, punctuality. If you were to ask any of my family or friends, they would all tell you that I am notoriously late.

One part of the presentation that was of particular interest to me was the section on some of the barriers that exist that inhibit someone with a neurodiversity from entering employment. Within this section one of the barriers discussed was psychometric testing. I think that this is important to consider from an employment point of view as it was stated that this is a significant barrier. The reason being that psychometric tests are a standardised test that does not take into consideration the individual differences of a person and how they process information.

In addition, there has been evidence to show that there is no link between the test score and how the job is being performed.

As Jonathan stated, neurodiversity is the different wiring of the brain, not the wrong wiring of the brain and psychometric tests do not take these differences into account.

The concluding point, and I think the most significant point, is that all types of business would benefit for a diverse workforce and benefits from the skills that people with a neurodiversity would bring. But in order to make this happen, they must first feel like they are welcome. ■

Slides from the presentation “Neurodiversity and the Legal Profession: Inclusion and Innovation” by Jonathan Andrews.

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A digital planning system – How will it impact conveyancing?

H

aving been delayed from last year, the new Planning Bill is due to go before parliament this spring and is set to overhaul the entire planning system for the first time since 1947. The new plans will bring about significant changes, aiming to make the process more accessible and bring it into the modern age.

Under the current planning legislation, it can take around five years for a standard residential housing development to go through the planning process, delaying the delivery of muchneeded housing for the country. The Government’s reforms to the planning system, proposed in its ‘Planning for the Future’ paper of 2020 aim to significantly reduce this timeframe, by cutting the red tape, creating a more streamlined planning process, and helping to speed up the rate of development in England.

Among the proposals to help achieve this are plans to improve the digital infrastructure of the planning system, heralding a shift from a document-based approach to a digital one. But will these new reforms benefit homebuyers, and what impact will they have on the conveyancing process?

Digital Innovation The new proposals will see a shift from lengthy, static planning documents and traditional paper-based consultations involving signs on lampposts to a modern, digital approach. The overall aim being to increase the speed and improve the quality of planning approval decisions.

With intelligent data, interactive maps and resources, a new digital planning system could bring real benefits in terms of engagement with the planning process. This would facilitate greater accessibility for interested parties to review the plans and understand how they could affect them, helping them to better envision proposed changes to a local area.

By making the process more accessible, interactive, and engaging, this will enable developers to reach and connect with more people. This, in turn will enable developers to craft and inform proposed changes to developments to ensure they tackle the concerns and can better meet the needs of the local community.

What Could this Mean for Conveyancers and for Homebuyers?

Alongside ordering an environmental search as part of the conveyancing due diligence process, many conveyancers are also opting to include a planning search within the standard suite of searches which they provide to clients. Helping to deliver the best advice and a thorough due diligence service.

Planning search reports deliver insight into the changes to the local area and community in which people are planning to live, presenting the planning and development activity which is proposed or currently taking place, and that which has occurred over the past 10 years.

By helping clients to understand the upcoming changes to the area surrounding their future home, this can help to ensure that their investment delivers upon expectations.

A planning report will include details of developments and applications, extensions and small new builds, change of use, lawful development certificates, and telecoms installations in the area of interest surrounding the property. It will also highlight possible planning and development constraints and major developments which may impact upon the homebuyer’s quiet enjoyment, plans and the potential future value of their property.

Should a homebuyer wish to discover more about a particular development or planning proposal near to their new home after identifying it within their planning search report, the shift to a digital planning and consultation process will greatly benefit them in terms of the search for relevant information surrounding the proposed development. It also presents an opportunity for them to effectively engage with the process and to help shape the proposals.

This in turn will benefit developers in terms of ensuring a development and any new facilities can deliver what matters and is required by both the existing community and those moving to the area. Facilitating more effective engagement through a digital consultation process can help to ensure that local development will make our towns and cities a better place for everyone.

Planning Searches For relevance and improved usability, FCI’s planning searches use a dynamic search radius, dependent upon the location of the property, to help ensure that only those developments which are of relevance to the property are captured, thus allowing a manageable representation of planning applications for review by the homebuyer.

Using a unique feature called FCICapture, FCI planning searches also seek to identify and proactively flag planning applications which, although recorded by the Local Planning Authority (LPA) as being outside of the search radius, on the ground have the potential to encroach within influencing distance of the property. This is particularly pertinent in the context of larger developments. These applications are then clearly highlighted within the report for further consideration and review as necessary by the purchaser.

To find out more about FCI planning searches; FCI Planning and Premium Plus Planning which combines an assessment of the core environmental risks with an intuitive planning search, please visit: www.futureclimateinfo.com/planning ■ CENTRAL LONDON LAWYER | 23

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What is meant by a Single Source of Truth and why is it fundamental to the success of your law firm?

“All truths are easy to understand once they are discovered; the point is to discover them.” – Galileo Galilei.

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any law firms continue to struggle with multiple sources of information, disconnected databases and inaccurate records, this has an extremely detrimental effect on profits and negatively impacts the service levels they can offer clients. Conversely, by organising their data into a single database held in the cloud law firms give themselves a platform for productivity that cannot be achieved in any other way.

This single source of truth (SSOT) is important, it means your data and information sources are always up to date, relevant to business decisions and eliminates duplication of work and any version control issues.

With all staff working from one system, data quality improves organically through daily working. It updates automatically without the need for manual verification, which is ideal for firms with remote or hybrid workforces, and with the physical office no longer needing to be the hub of a legal practice, such solutions achieve the best results and make a law firm bankable.

With the latest key information always to hand, decision-making can be carried out at an optimum pace and the progress of keeping clients up to date regarding their matters made so much easier.

The advantage of data being held centrally in the cloud is extensive. Valuable information is continually backed up and secured in case of the worst possible scenarios, such as power issues, device theft, floods or fire. When a law firm is impacted in such a way they can quickly retrieve missing information and reinstate systems and ensure business continuity.

Whatever device you use, be it laptop, tablet, or smartphone, you can access data when away from the office as though you were there. Therefore, the traditional office building has become less crucial as it has no bearing on your data and how it’s stored and accessed. Ask yourself this, how do you currently access information when out of the office, is it up to date? Do you waste valuable time re-inputting collated information further down the line? This whole process can be eliminated as you bring the office into the palm of your hand, able to locate and access files easily from wherever you are. You don’t need top of the range technology either, most connected devices will have the capability to access your virtual law firm as the device acts merely a portal to your information and systems the cloud with everything you require safely and securely stored and protected.

Generally, firms with a server who choose not to use the cloud, will need to purchase remote access software to enable hybrid working. Not only can this be significantly more expensive than working from a true cloud solution but less efficient and add unnecessary complexity in terms of meeting your IT requirements. The reality is the world is more fluid than ever 24 | CENTRAL LONDON LAWYER

and maintaining a SSOT is no longer as much of a choice as a necessity for a practice to survive and subsequently thrive. The pandemic has accelerated a move to this remote way of working and has forged it into an expected discipline.

It’s a bit like having a pocket law firm that you never leave home without. You remove the danger of being caught out without having the right information to hand. Adopting a single source of the truth eliminates problems and replaces them with the most reliable, accurate and productive way of working. It gives law firms the opportunity to become more streamlined, more costefficient and, when the time is right, scale-up with minimum of fuss and disruption to the business.

More than ever clients need assurance, especially since the beginning of the pandemic, the traditional days and hours that firms operate are changing and clients now look to contact their lawyers at any time on any day of the week. The traditional 9-5 working day has gone as the lines of working hours blur. Technology now permits, almost encourages, a more fluid approach to working with improved response rates and accuracy of service as imperative to the client as ever.

Technology has imparted this expectation upon legal professionals through their clients. Those who are unable to immediately draw on their client information when required now risk their reputation, missing out to their competition. A SSOT makes it easier to instantly share updates with your clients on their case at any point that collaboration or sharing is required.

All parties can safely and securely access the same single set of data so that consistency and compliance across your law firm is always maintained.

Long gone are the days of bulging paper files. The highestachieving law firms understand that robust relationships with clients come because of first-class communications, and it is these firms that leverage a SSOT to master their correspondence with clients and offer a market-leading service.

Fully enabling law firms to achieve a single source of truth, LEAP, the legal practice productivity solution, occupies a unique position in the legal software market as it centralises a firm’s practice management and legal accounting systems, document assembly and management as well as many legal publishing assets all in one cloud solution and by bring a law firms client and matter information into one location – a Single Source of Truth – and by leveraging this truth, you provide your firm and clients the absolute trust and outstanding level of service that they deserve. ■

ARTICLE

International Women’s Day I

nternational Women’s Day is the day to celebrate the achievement of women around the world, raise awareness against all forms of bias and take global action for equality.

In recent years we have focused on various Environmental, Social and Governance issues and how these impact our lives and planet.

The S in ESG is quite important as it impacts the social factors that affects our organisations and the economy such as – education, diversity and inclusion, unemployment, marginalisation of certain groups of people, vulnerable groups, etc. the steps we can take to ensure we make a lasting impact to the lives we touch and celebrate girls and women around the world by breaking the bias that holds our society hostage goes a long way in ensuing equality.

Socio-economic diversity The City of London Corporation was commissioned to lead an independent taskforce to boost socio-economic diversity because there is a lack of socio-economic diversity at the top of UK’s financial and professional services.

Statistics show that greater socio-economic diversity promotes: ■ ■ ■ ■

iversity and inclusion D Boosts productivity Provides access to a wider pool of talent Encourages global competitiveness

We are encouraged to be the change the we want to see, raise awareness of the need to see socio-economic diversity at the top of our organisations and create an action plan for success.

Financial and professional services are encouraged to get involved here.

Women in Finance Charter In 2015 Jayne-Anne Gadhia (former CEO of Virgin Money) was appointed to lead the review of women representation in senior managerial roles in financial services. The response to the review created the HM Treasury Women in Finance Charter which encourages financial services of all shapes and sizes to commit to the Women in Finance Charter.

It is encouraging to see that over 400 financial companies have committed to the Women in Finance Charter however the percentage of women at senior positions across the financial industry is still relatively low.

industry due to the bias of the industry being male dominated and cutthroat; ■ The amount of time and commitment it takes to work up to a senior or partner level; ■ Lack of female retention in the mid-tier of management; and ■ Lack of career progression.

We have heard stories of senior men complaining that they are worried about promoting women because women get pregnant, take maternity leaves or don’t return after maternity leave or some insisting, they cannot find women who were good enough for senior roles or can do the job as well as “the boys”.

While these stereotypes still persist in most industries in particular the financial industries, it is important to note that a diverse gender and race financial industry is desirable from a representation perspective. Decisions taken by financial industry professionals have significant impact on the UK economy.

Although we are slowly seeing diversity at the executive level, it is encouraging that the Financial Conduct Authority has stated diversity and inclusion are regulatory issues and it will be interesting to see what regulations are brought in to encourage diversity and inclusion in the financial services industry.

To promote women retention and improve gender equality consider: ■ C reating the right culture where women feel psychologically safe ■ Provide technology that supports flexible working and boosts productivity ■ Ensure transparent pay structures ■ Increase the number of female role models and women in executive positions within the organisation ■ Implement good flexible working policies ■ Support working parents ■ Offer mentoring schemes especially reverse mentoring schemes We join the celebrations round the world to imagine a gender equal world, strive for a world free of bias, stereotypes and discrimination and work towards a diverse, equitable and inclusive world.

Please watch out for the joint campaign we will be holding with the Legal Women for International Women’s Day. #BreakTheBias. ■

These can be as a result of the following factors: ■ T he career break for starting a family; ■ The lower number of women interested in the financial

Kene Onyeka Allison

Vice President, In-house solicitor at Mizuho International plc CENTRAL LONDON LAWYER | 25

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6 telltale signs it’s time to change your

legal practice management software – By Julian Bryan, Managing Director, Quill

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s it time to switch your legacy practice management software? Nobody likes change. And when it comes to your practice management software – there’s a lot at stake. Many law firms hesitate to change legal software providers because they perceive that it will be too hard, too painful and too expensive.

a few years in that you’re paying for a lot of features that are “nice to haves” or ones your team rarely use. Perhaps it is better to find a supplier that allows you to pick and mix solutions for more flexibility. Have a look at Quill’s flexible pricing and available add-on boosts for inspiration at www.quill.co.uk/legal-software/pricing.

But what about the benefits of growing, evolving and progressing your practice?

Let’s take a trip down memory lane… ask yourself: why did you invest in a practice management system in the first place? You must have had high hopes for it: you thought it would improve productivity, streamline procedures, help you go paperless, keep you compliant and support your revenue goals.

Remember those days? Now, ask yourself – do you still want the same things for your business today? Of course, you do!

Telltale sign #4: Your software is clunky to use and needs a facelift There’s nothing worse than struggling to get to grips with a system that’s supposed to streamline the day-to-day and help you to multitask. We all know slow, bulky systems with an outdated interface will be rejected by your users and ultimately slow down adoption. Adding insult to injury is the fact that many practice management software vendors have raised their prices, yet this funding hasn’t found its way back into the actual software yet. If your system feels fairly clunky and old looking, then it’s time to consider moving to some of the newer kids on the block that are investing in a better user experience.

So, which do you prefer?

Taking on the challenge of switching to a better practice management solution, or carrying on living with the failing “legacy” system? To get to the bottom of this, it’s best to understand the telltale signs that your system needs a reboot. Here’s a helpful list of six tell-tale signs it’s time to make the switch.

Telltale sign #1: The cost of your software has risen, but its features don’t stack up With a number of independently owned software companies now acquired, your current vendor may be going through a number of management changes, which will often lead to a slowdown in research and development and worse still – costs increases. That’s bad news for you as a customer, as you’re paying more for the same product. Adding “value add” services such as customer success teams, free webinars, and more ‘comprehensive’ packages only attempt to hide the fact that the core product you purchased is now costing you more than it did before.

In the meantime, we all know that the legal industry is continually shifting – new rules, regulations and legislation are commonplace. The importance of an ongoing development roadmap is clear – evolve and comply; be stationary and don’t. In this situation, it’s best to consider turning to the independently-owned suppliers who are still clearly investing in improving their products.

Telltale sign #2: Your team is still doing a lot of manual and paper-based work There are so many inefficiencies associated with a paper-heavy environment.

There’s only ever one master copy of paper files. It can only ever be in one place at one time. Collaboration is harder if you’re working remote. And it’s a versioning and logistical nightmare. On top of this, there are all of the disadvantages that come with paper – waste of storage space, damage to the environment, information security risk, lack of transportability, higher costs and more. If your processes are still heavily paper-based – why? Would it help if your practice management software offered document management capabilities? What about submitting online forms? Options like allowing you to label and find matter files quickly, access document templates and legal forms, bundle everything for court and record time as you go are now available in newer document management systems and it’s well worth investigating. Take a look at our ‘How to go paperless in 2022’ guide and understand the benefits of ditching paper at www.quill.co.uk/ resources/ebook-how-to-go-paperless-in-a-law-firm-2022.

Tell-tale sign #3: You’ve grown and your software hasn’t grown with you When you first started up your business or joined your practice, it’s likely you deliberately kept things small – your organisational structure, office space and software tools. As you’ve grown, no doubt you’ve expanded your staffing and moved to bigger offices. But what about your IT? After having just lived through a global pandemic, the world has changed – including our tech requirements which differ vastly from 18-plus months ago. For instance, cloud computing should be a no-brainer, but not every software supplier has made the switch! Alternatively – perhaps you were dazzled by a sales demonstration and decided you needed all the bells and whistles of a pricier practice management system. You may realise 26 | CENTRAL LONDON LAWYER

Tell-tale sign #5: You are no longer a priority and receive little support after the sale First of all, when adopting a practice management system, it’s important you choose a practice management software vendor that can offer hands-on, interactive training and support. Some vendors are focused on closing the sale and then you never hear from them again. So what happens when you need technical, training or account management help? Should something go wrong or if you have a new starter seeking training, you’re reliant on helpdesk and customer support services and they’re not always responsive. Make sure to ask for references from clients or better yet – ask the sales team to call their support team during your demo! What you’re trying to ascertain is how the after-sale support wil be. Check out reviews on Capterra, speak with employees, read case studies and research credentials (ie. LSSA membership) before you place your software order.

And don’t dismiss the power of your gut feeling. If it doesn’t feel right, it probably isn’t.Read on for how Quil manages data migration and offers training and support at www.quil .co.uk/legal-software/legal-software-data-migration.

Telltale sign #6: Nothing integrates seamlessly and you’ve been hit with hidden charges You could be using one system for performing AML checks, another for managing your documents, another for recording time, another for accessing legal forms, another for logging matter progress, another for bundling documents for court, another for billing etc… you get the picture. In fact, the point is there’s no one single picture – or, rather, complete oversight – of your work in process and financial positioning. Instead, there are fragmented images that have to be painstakingly pieced together to visualise the whole. Your staff will be entering the same data multiple times and singing from different hymn sheets. This wastes your valuable time, increases the potential for error and disconnects your teams. Moreover – you’re likely paying for these additional systems that aren’t always necessary! Bringing everything together – your systems, your data, your documents, your people – is the way forward. If your software doesn’t permit this – or it means you need to buy other, separate products – look further afield. Smart law firms use practice management software that addresses the pain points above and a whole lot more. For extra insights into how to operate your business the smart way, download our ‘Guide to the essential smart law firm technology in 2022’ (see side panel).

Ready to switch legal software vendor?

If these tell-tale signs match your relationship with your current provider, then why wait? Quill’s system is super intuitive and easy to use – if you can work a website page, you can work and navigate around Quill. Whether you are looking to unlock productivity, embrace a paperless approach, support remote working, or scale your business, switching to Quill’s cloud-based legal software is a gamechanging business decision that will reap rewards. Promise. If you are ready to make the switch, get in touch by emailing info@quill.co.uk. ■

Quill’s guide to the essential smart law firm technology in 2022 Discover what smart technologies to invest in, why to go paperless and how you can make the tools you already have at your disposal work harder.

Learn more: www.quill.co.uk/resources/ guide-to-the-best-legal-tech-toolsfor-uk-law-firms-and-lawyers-in-2022

ARTICLE

Megan talks to Charity Mafuba about all things lawyering and female empowerment

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egan is a lawyer at Conde Nast and was previously at Freshfields Bruckhaus Deringer. She is also a writer, thought leader and advocate for women.

1. What made you decide to become a lawyer?

I always wanted to be a lawyer; there are photos of me “playing lawyer” as a young girl. I believe that I felt, and still feel, that law is something important as it enables you to make a meaningful impact on the world. I continued to feel this way in my career as a corporate lawyer, manifesting in the work I did to advance gender equality in a male-dominated field. I feel an immense sense of privilege and responsibility to advance society toward the greatest good and make it a fairer, more just and more inclusive place for all people.

2. How has your experience been, working as female lawyer in the corporate world?

It has often felt empowering and purposeful; I felt that by being one of the few women in the room, I was raising up other women with me and clearing more of the way for women who come after me. Though, I feel the corporate world has not yet fully adjusted or adapted to being a place both open for everyone and reflecting our current collective consciousness. I believe a lot has gotten stuck in the status quo. There are many things I see that I feel motivated to change, for example how it is still the norm to work five (or more) long days a week rather than allowing ourselves space to rest and breathe. Or how systemic problems like balancing work and family life are treated as individual issues which women must solve for themselves. Or how there remains a pernicious narrative that we must “fix” women – for example, by sending them on courses to help them be more assertive but not too assertive, etc. – rather than that we must fix our structures and systems.

3. What was your pre-baby professional life like?

I spent nearly ten years at Freshfields, known as one of the world’s leading law firms. I always felt immense gratitude to have my job, knowing how long and hard I had worked toward my dream of becoming a lawyer. My life was mostly all about work; work was the lead factor in everything I did, around which everything else revolved. For example, one day a partner came into my office to ask me if I wanted to go on secondment to Hong Kong; I said yes nearly on the spot. I feel proud to have played my part in market-significant, transformative transactions, such as initial public offerings on the London Stock Exchange, for leading

international companies, and I loved working with each of my clients. With every transaction and every client, I learned so much about a company and an industry, and I loved being part of a cross-functional team working toward a common goal.

4. How has motherhood impacted the way you manage your career?

As a mother of a one-year-old, I no longer have the ability (perhaps even the “luxury”) to focus as much of my time and energy on my career as I did pre-baby. I believe I now have two jobs as a mom and a lawyer, and they both mean a lot to me in different ways and for different reasons. I believe that in both roles I am working toward my purpose of creating a new and transformed paradigm for our world. I now work in the inhouse legal team at Conde Nast and love contributing toward the strategic objectives and vision of a company whose values inspire me and reflect my own. I also have built in more time and space for life outside of work, which I now view as incredibly important in a way that I didn’t pre-baby. As a result, I feel I can be a present mom, and also bring to life other passions, including my yoga practice and my writing. I published my first book during my maternity leave (a book of insights for all daughters) and I plan to write another. I’m also beginning a yoga teacher training programme this Spring.

5. What barriers have you had to overcome in order to persevere and maintain a successful legal career?

I grew up in a family that valued education and had the means to send me to university and nurture my belief that I could do anything I set my mind to and worked hard for. I acknowledge my privilege in not facing some of the barriers that many of my fellow humans face. I believe my biggest barriers have been internal – finding the courage to be brave when I have felt powerless and learning to trust myself and my own path. I believe a “successful” legal career means something different for each of us; we must each figure this out for ourselves.

6. You are an avid advocate for women and have made some progress in your quest to eliminate bias. Can you please talk me through your efforts with the Freshfields Women’s Network?

Thank you for saying that; I feel privileged to have been able to do what I did. One effort was the change to stop using “Dear Sirs” and instead use gender neutral language: it hit me one day that enough was enough, and I presented my idea to the senior partner with whom I then worked to implement this change as a new global firm policy.

Continued on next page CENTRAL LONDON LAWYER | 27

JUNIOR LAWYERS DIVISION

Continued from previous page We were the first Magic Circle firm to ban the use of “Dear Sirs” and other firms followed. It felt to me at the time that we were creating a seismic shift with what could be viewed as a “small” change. Another effort was the creation of the Every Day Gender Equality (EDGE) Commitment: I worked with the other co-chairs of the London Women’s Network to create and then launch a pledge for people to commit to taking ten actions in their everyday working lives to combat the problems that still persisted to hinder equality. Examples included, planning client events that are inclusive and calling out non-inclusive behaviour when it happens. More than 2,000 people had initially signed the Commitment and I believe it both raised awareness and caused meaningful actions to take place.

7. What advice would you give to women in general who are entering the legal profession?

Use your voice and be your authentic self. It may not always be easy to do this, and so if it ever feels difficult, connect to a force bigger than you: our collective place in society as women.

8. What advice would you give to women in the legal profession, who have children or those who are considering motherhood, with regards to juggling the dual priorities of work and motherhood?

Always remember that you have so much to offer as a lawyer, and I believe even more so as a mother with all of the unique and superhuman abilities you acquire. Employers have a responsibility to do everything they can to ensure that you are able to show up at work and thrive! As Gloria Steinem, the legendary women’s rights activist, said, it was not her job to make women feel grateful

for what they have; it was her job to make them feel ungrateful, so they keep going. I wish for all of us to take this to heart be ungrateful and ask for and then demand more.

9. What are some of the inclusive changes you would recommend, that law firms should incorporate to ensure and enable women maintain successful legal careers like their male counterparts?

Listen to the women as to what they want and need, and then act on it. Be willing to put people over profit. Live your values and if you say you care about retaining women, then demonstrate that in your actions, policies and behaviours. Otherwise, it is purely lip service, which actually harms women because it masks the reality of the situation. Also, embrace changes to the billable hour model and the “always working” culture. For example, implement a four-day work week or shorter days; I believe this would significantly benefit everyone’s life and well-being, and also has the additional benefit of increasing inclusion because people (such as working mothers) who want or need to work less won’t be viewed or treated as less committed or less capable or like they are inconveniencing the system or the team.

10. Finally, what progress do you think has been made thus far, in the strive for equality and elimination of bias in the legal profession?

I believe many people are now aware that bias exists; I believe there has been a lot of work done to identify the problem and its causes. I would like to see this continue to translate into more meaningful and transformative actions being taken – for all of us to work together to create the vision we can see and, I believe, is within our reach. ■

WHLS JLD T

he Westminster and Holborn Law Society Junior Lawyer’s Division had a busy end to 2021! As a committee, we carried out a recruitment drive for vacant committee roles and also reached out to new members.

In November we enjoyed a virtual workshop in conjunction with 33 Bedford Row and Law Care, called “Drafting like a pro; living like a human”. The workshop was designed to teach our members about two key topics that we need to know about as a legal professional – drafting and wellbeing. A very insightful session and we hope everyone enjoyed it as much as we did.

December was upon us quickly and we hosted winter welcome drinks in Central London. It was great to be joined by some of our new committee members and members and have a good chat over some mulled wine! Of course, we also had the fantastic annual WHLS party held at Middle Temple Hall which we thoroughly enjoyed too.

We look forward to sharing what’s to come in 2022 with you all – watch this space! ■

28 | CENTRAL LONDON LAWYER

Events 2022 Spring 2022 – Enforcing judgments post-Brexit Join us for what promises to be an engaging and topical panel discussion considering how English judgments can be enforced in the EU and how EU judgments are set to be enforced in England & Wales one year on from the end of the Brexit transition period. This event is co-hosted with our colleagues at the Rechtsanwaltskammer Köln (Cologne Bar Association). This will be hosted via Zoom with more details to follow in due course.

Additional events are under discussion. If you have suggestions or would like to host an event, please contact the committee at cwhlawsoc@gmail.com.

The website calendar also shows our events www.cwhls.org.uk. ■

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Digital AP1: five things conveyancers need to know HMLR

announced the landmark decision to mandate all register applications to be submitted digitally from Autumn 2022, the first of its kind. The change is being implemented to reduce requisitions, resulting in a faster and smoother overall process. It will however involve preparation as firms undergo this significant change to their current method. With a little under a year to have all firms transition to submitting digital AP1s to make changes to the register, it may feel like there is plenty of time begin switching processes in your firm.

With the deadline announced and a clear path to further the digitalisation of the conveyancing process, firms should be on top of the key challenges they need to overcome during the transition.

1. Paper forms are disappearing From November 2022, paper forms for applications to change the register will be made obsolete. With around 80% of the industry still submitting some sort of paper form, whether a scanned PDF or documents sent through the post, there’s a long way to go. If your firm currently populates a paper form or PDF from the matter within your case management system, you’re going to require a new process because you will not be able to submit any other way, except digitally.

What does this involve? There are two options available to firms, either setting up a new digital process with HM Land Registry’s DRS directly or by working with an integrated specialist software supplier that uses the Land Registry’s Business Gateway. At InfoTrack, we’ve been providing an integrated digital AP1 service since 2016.

2. Get familiar with validations Validations are a way to reduce the risk of a requisition being raised by minimising incorrect or incomplete information being submitted.

By including validations, HMLR caseworkers can process applications quicker and more easily, with less risk of questions or additional document requirements.

Paper forms don’t have validations set within, so traditionally people have been able to submit any information they prefer on the forms.

To minimise the risk of requisitions, firms will need to familiarise themselves with the standard requirements and validations required

by HMLR. This will differ depending on the type of transaction and will be a key part of the process of adopting digital AP1s. If you don’t understand the validations in the digital systems, it could slow down submitting your AP1 and result in more requisitions, overall slowing down processing of applications.

3. Consider your requisition management process Requisitions are undoubtedly a pain point for firms when processing the AP1s. While we can’t eliminate them completely, there are way you can reduce how many are raised and improve how they’re managed to make the process less of a burden. Many firms still manage their requisitions manually, whether using a large whiteboard system in the office to manually diarising reminders for key dates. This process carries an ongoing risk of missing deadlines.

The transition to digital AP1s will require firms to reconsider how they manage their requisitions and how they will move to a new process. Whether managing requisitions, cancellations,

early completions, or registered AP1, a system that provides transparency across all applications within the firm is essential.

Missing key dates delays transactions and cancellations will result in loss of priority, so getting on top of your process to avoid potential issues early will ensure a smoother switch to submitting your AP1 digitally.

4. Evaluate your AP1 draft and approval process Post-completion teams within firms can often involve various team members preparing drafts while others submit. Firms will now need to review their current process and how they can migrate to a digital process as well. What to consider when reviewing? Users need to know where to find and access drafted applications within the firms so submissions can easily be managed with no disruption to workflow.

Currently, the Land Registry’s DRS doesn’t allow multiple users with different login to review the same applications. Firms will need to find a way to review applications made online, whilst ensuring they do not duplicate or lose data, which would obviously cause serious delays.

5. Start training now We’re confident that moving to a new digital system for AP1 applications will improve the accuracy of submissions, help reduce requisitions, and ultimately speed up the process but, you can never be too prepared. To get ahead of the deadline, firms must ensure their teams are prepared for the migration to completely digital AP1 applications. Ensuring users are trained on the system, familiar with the new digital process, and up to speed on the changes that will affect how they submit will put you in great stead to make the process of moving to digital applications simple and hassle-free. We know from experience that this takes time, so we’d urge all firms to start organising themselves around the new digital approach sooner rather than later.

Bonus tip: Be prepared for changing fee calculations The Land Registry has also announced a raft of fee changes that will be applicable from January 2022. This will affect all firms and systems will need to be updated for quoting, accounting, and how fees are calculated. Currently, the HMLR fee bands are not synced with firm calculators, meaning users will have to review a table in the practice guide to manually determine which fees will be applicable for files that are now being onboarded. This could cause difficulties related to reconciliation and billing if fees are different when firms lodge the AP1 later down the line. This is going to involve preparation work by firms to ensure they are ready for the fee changes and already accounting for the changes on all new matters.

We know that changing your processes can feel like a challenge, which is why our post-completion experts at InfoTrack are happy to help any firm looking to make the switch now. Ensuring your firm is aware of the changes that are coming in 2022, you can be prepared to instil processes to make the migration to digital AP1s as hassle-free as possible.

To find out more, talk to our post-completion experts. Visit www.infotrack.co.uk/digitalap1 or call 0207 186 8090. ■

CENTRAL LONDON LAWYER | 29

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Protecting Transaction Funds Emily Haskey

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here is no doubt, we are set to live with ongoing impact of COVID-19 for years to come. For the legal industry, the consequences of the pandemic have already reshaped the working environment. Law firms have wisely reevaluated processes and are employing new technologies to digitize workflows and manage remote communication. However, these changes have offered new opportunities for cyber criminals with altered working practices introducing potential vulnerabilities and therefore an increased risk of fraudulent activity.

Criminals have gone online and have become more sophisticated and experienced than ever before, deliberately, and increasingly targeting conveyancing firms due to the regular large sums of money transferred on the completion of property purchases.

As a result, since the start of the pandemic, there has been a rapid rise in scam alerts and fraud attempts. For example: in the past year, according to SRA data there has been a 27% increase overall, in scam alerts when comparing 2021 to 2020. In 2021, 91% of all scam alerts relate to some sort of impersonation.

Email is a growing risk with 48% of all 2021 alerts related to fraudulent email activity compared with 21% in 2020.

The repercussions of cyber fraud can be devastating for the client and law firm, so Lawyer Checker’s goal is to help organisations embed risk and compliance culture within their own practices. We believe firms need to adopt an ethos of awareness across the firm to mitigate the risk of fraud. Staff need to understand the risks and have an insight into what can go wrong, so every day processes can be updated in line with the dramatically increasing threat.

– By Emily Haskey, Operations Manager, Lawyer Checker, A Dye & Durham Solution Lawyer Checker’s service validates the destination details of the recipient bank account of the solicitor receiving funds for every property transaction quickly and easily. Lawyer Checker is a web-based solution and can be accessed from any location 24/7 at the click of a mouse, supplying an audit trail for law firms as well as ensuring due diligence by adhering to the SRA Code of Conduct for Solicitors (SCCS) 4.2 – to safeguard client money and assets.

Lawyer Checker’s unique algorithm checks details against ten different databases in real time. It integrates with SRA scam alerts and safeguards transactions against human error and typos while also providing the most up to date information. All frequent and infrequent results are processed through the latest NatWest tracker to check bank account details. We have verified over 4000 accounts and reported back on incorrect details.

Reports are low cost and can be attributed as a disbursement.

Included are two searches: one which is usually completed at the start of the conveyancing process, plus a further check just before the funds are transferred. Lawyer Checker’s unique algorithm ensures there have been no new alerts during the interim. This is key with transaction times now taking longer and ensures the search is fully updated, making it easy and cost effective to mitigate risk of fraud during the transaction.

The majority of our search results are returned within five minutes. For those that require further research (because of an infrequent or unknown result), we work to an SLA of four working hours, but these are often returned much faster, generally within the hour. PDF reports can easily be saved to the case file, removing the stress for conveyancers to demonstrate due diligence for auditing purposes.

We know that one of the main risks is criminals impersonating other law firms to obtain monies sent between purchasing and vendor parties. They can easily intercept phone calls, redirect and replace posted communication and hack into emails, with the objective of attempting to divert funds into their own accounts. It’s easy to miss the slight alteration of a single digit in a sender’s email address and suddenly a conveyancer has been supplied with a fraudster’s bank account details instead of the law firm they believed they were working with.

We also offer Consumer Bank Account Checker which, as its name suggests, validates the destination of funds for the sale of a property for customers. Covering most UK bank accounts and powered by Experian, this cost-effective check is another part of law firm’s armour against cyber criminals.

Although nothing is 100% guaranteed, defense strategies can be put in place to safeguard every transaction. Lawyer Checker was set up 11 years ago and now employs 28 staff who are experts in cybercrime prevention.

www.lawyerchecker.co.uk ■

Over the last 18 months we’ve seen a steady uplift, and 15 of the top 20 conveyancers are now using us. The question is: can your firm afford not to?

CENTRAL LONDON LAWYER | 31

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A New Year, a new start?

Alex Simons

T

here is no doubt these last two years have been difficult and as a sector we have learned a lot. Legal practices usually adapt slowly but being forced to change quickly can sometimes be a positive thing.

The key is to target certain sections of your business, some of which are covered below:

Remote Working: This is the biggest challenge and there are several areas to consider.

– Software & Accessibility: Does the firm currently use the software that best suits remote working? Is it tailored to your area of law, and a true cloud package accessible from anywhere rather than by dialling into a server?

View a variety of different packages to see which best suits your firm, taking account of extra features like apps and functionality for mobile devices. Extensive training of staff and the accounts department is key to ensuring you make the most of your package.

– Communication: How does the firm communicate when working remotely? Apart from phone calls and emails, you should consider using MS Teams, Zoom or Slack to communicate. A quick message to a staff member on an instant messaging service could be quicker that picking up the phone or writing out an email.

Having regular meetings online is beneficial to the firm’s management and staff alike giving everyone a voice to air any concerns they have.

– Information delivery: Review how documentation is passed between departments in the firm. If it has always been paper based, consider switching to digital filing through the case management system. This would reduce time spent printing and delivering documents as they can be accessed instantly through the digital files. This combined with the communication processes, will increase efficiency significantly. Files will be updated in real time and be instantly accessible. Documents can be emailed to the client or accessed through a secure link/portal.

32 | CENTRAL LONDON LAWYER

Supplier review and monthly budget – This is one of the most important tasks when looking at a fresh start. Check for cheaper, same service suppliers. Review subscriptions and monthly costs to see if you are making the most of them. Review equipment agreements to ensure still current and matching your needs. Then prepare a budget with your cashier. Add a monthly forecast, reviewed quarterly and check for significant budget variances. Use cashflows to keep on-top-of expenses to aid in future business decisions.

Review matter account balances – Check the client balances and list any which have not moved to avoid residual client balances. Reporting accountants will breach practices on residual client balances after a time so it is important to reduce as many of these as possible. Determine whether the firm needs a policy for handling them if they arise or how to avoid them arising in the first instance. Review debtor balances and determine if the balance on the office side is recoverable.

Keep an accurate live list as opposed to a list of old balances that are never going to be paid. Chase fee-earners to recover the unpaid ones that are realistic and write off those which are effectively bad debts and close the files down. This means that the firm has an accurate live list and an accurate list of debtors that it can chase and recover. Having a policy surrounding how debtors are handled is also a good idea. Make sure to get your cashier involved as the processes will directly affect them.

These are just some of the ways where a business can make a fresh start.

Make 2022 a year of positive changes! ■

Alex Simons

New Business Manager The Law Factory LLP

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CENTRAL LONDON LAWYER | 33

BOOK REVIEW

Simple Contract Law

Stripping English Law of Complexity

I

n his new book, WatsonGandy has bravely done a complete about-turn on traditional dusty textbooks, writing an illustrated guide to English contract law that is fun to read, entertaining and succinct.

Synopsis of Simple Contract Law: A brief introduction to English Contract Law:

This book provides an essential introduction to English contract law. Written by practising barrister and law professor, Mark WatsonGandy, whose infectious enthusiasm for the subject permeates the text, the book simply explains all the core concepts and leading cases and what the most common terms and conditions actually do. Whether you are a law student, businessman or an international lawyer, you will find “Simple Contract Law” to be an easy-to-read, concise, and informative first guide into the subject. Enlivened by the colourful back stories to the case law and with witty illustrations by Gordon Collett, this book is a welcome antidote to stale traditional contract law textbooks.

“People don’t realise quite how important English contract law is for us all. English contract law has long been the preferred choice of law for international contracts – often even where the parties or transaction has no connection to the UK. The UK legal services industry is worth £60 billion to the UK economy; the UK legal services market is the largest in Europe and second only globally to the USA. Three quarters of those using London’s commercial courts during litigation come from outside of the UK” explains the author. “I wanted to write something which would cut through the complexity, to give an accessible overview of the law. A quick and easy-to-read guide like this is long overdue.”

Simple Contract Law: A brief introduction to English Contract Law is available now for £9.95 on Amazon: https://amzn.to/3kbb6Q4. ■ Professor Mark Watson-Gandy K.S.G is a practising barrister at Three Stone Chambers in Lincoln’s Inn and has appeared in high-profile cases in the UK and abroad. He is a Visiting Professor at the University of Westminster and at the University of Lorraine in France. He was made a Knight of the Order of St Gregory the Great in recognition of his work as a barrister and law professor in 2007. In 2020, he was appointed as one of the UK Ministry of Justice’s “Legal Services are Great Champions” to promote English legal services internationally.

Seminar presented by the UIA in collaboration with the City of Westminster and Holborn Law Society, with the support of the Law Society of England and Wales

Modern Families: Current Challenges, Equal Rights and Ways to Protect their Wealth In the context of the UIA seminar on Family law in London, we would like to invite you to join us for the dinner at the National Liberal Club on Friday, April 1, 2022 at 19:00, to meet and network with your international peers and colleagues from the UIA!

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To register for the seminar: www.uianet.org 34 | CENTRAL LONDON LAWYER

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Two years on; has the Firm Code of Conduct enhanced Individual Professionalism?

By Dave Seager, Consulting Adviser to SIFA Professional

A

s an outsider, yet interested observer of the legal profession, the past 2 years watching solicitor firms adapt to the new Standards and Regulations, introduced in 2019 has been fascinating. Admittedly, I have largely watched developments from the perspective of how financial planning partners should best and most compliantly work with legal professionals in their common clients’ best interests, but also as a firm advocate of the SRA’s vision for the profession.

The reason why I have strongly supported the regulator’s direction of travel is that the changes are firmly based on what consumers want and need. The Consumer and Markets Authority originally and every year, the Legal Services Consumer Panel research reinforces the need for greater clarity, approachability and in short, consumer focus. I was therefore excited to read the SRA’s own 2-year independent research, published in December, which assessed how the new rules had been adapted to and embraced.

In truth, the evaluation which is underpinned by independent research commissioned from the Centre for Strategy and Evaluation Services to gather the views of consumers, solicitors, and wider stakeholders, is a turgid read, but the SRA has summarised the overall findings in a positive fashion. Not surprising when the headline finding suggests that ‘Three quarters (74%) of practising solicitors were familiar with the changes made, with the majority positive about the overall effects of the reforms.’

It also concludes that the majority, and there were over 3000 in the survey, ‘felt that having separate codes of conduct for firms and individuals was helpful and made it clearer what was expected of each’. From SIFA Professional’s view, endeavouring to assist quality financial planning firms build meaningful and mutually beneficial relationships, it was the introduction of the firm code of conduct, if taken seriously, that would be a game changer. Therefore, we are pleased to read that the majority understand the need for the separate codes and believe the new codes have clarified expectations.

The report also indicates that most individual solicitors felt positive about the overall effects of the changes and said they were working more flexibly and felt more trust was being put in their professional judgement. This may be down to the clarity of the 7 principles but disappointedly it does not expand on the interaction between the individual solicitor and their code, and the firmwide systems which should have been implemented and the anticipation that this would also augment professionalism.

The firm code, under Business Systems 2.1 could not have been clearer that the COLP was expected to implement new processes and be given the backing to enforce them. To quote: You have effective governance structures, arrangements, systems, and controls in place that ensure your managers and employees comply with the SRA’s regulatory arrangements which apply to them. When it comes to third-party referral the SRA therefore urged proper due diligence and a better understanding of external firms or individuals that your firm and crucially all individuals within it, might recommend to clients. How else can your firm, particularly the COLP be certain that all third-party referrals are in the ‘best interests’ of the individual client?

Having worked closely with multiple financial planning firms and their solicitor partners, I can happily confirm, in line with the SRA’s 2-year evaluation, that the majority are embracing the need to design and impose a system for third-party referral to carefully selected financial planning advisers, but it is by no means all.

Sadly, I do still meet and hear of law firms happy to allow their individual solicitors and legal executives to select their own preferred financial advisers or firms, without setting out a structure for those external referrals.

I sincerely hope that this relaxed attitude, that undoubtedly ignores the clear request in the firm code of conduct, will soon be consigned to the unprofessional bin it deserves to be dropped in.

To come full circle, in conclusion, having a process in place that gives individuals a structure and governance to work within, is not about mistrusting their professionalism, it is about enhancing their professionalism. If the SRA’s 2-year evaluation suggests the majority accept the new codes, make it clearer what is expected, then it can only be the implementation of proper systems, not just for third-party referrals, that will ensure this. ■

Your search for the right financial planning partner starts here.

Visit sifa-directory.info/feb22 for more information.

CENTRAL LONDON LAWYER | 35

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LEGACY GIFTS: SUPPORTING THE EDUCATIONAL TRAINING OF SURGEONS Miss Phyllis Ann George FRCS (1925–2017) was a consultant general surgeon at the Royal Free Hospital in London. She was the first woman to be elected Vice-President of RCS England. During her career, she recognised that surgery was a team effort and that, for best results, fully trained teams of theatre and ward nursing staff were as important as the surgeons themselves.

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Royal Society of Medicine and, in 1979, became the first female member of RCS England’s Council. In 1988, she became our first female Vice-President.

Miss George’s legacy for the educational training of surgeons echoes her commitment to the importance of teaching and her skill for it during her career. Her gift is supporting an e-learning project that takes the Future of Surgery team on a journey to explore the impact of technology on roles, the surgical team and the surgical environment.

SHARING YOUR VISION Gifts in wills can be allocated to any area of College’s work; unrestricted contributions can be used wherever the need is greatest and many are in support of an individual project or area. Ultimately, we want to understand what our supporters would like their gift to achieve. All levels of support have a tremendous impact in maintaining and supporting the enhancement of surgical care for patients.

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MAKE SURGERY YOUR LEGACY

CENTRAL LONDON LAWYER | 37

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Poppy’s second chance at love P

oppy’s owner first contacted her local rehoming centre and said she needed to hand Poppy, a four year old Chihuahua cross, over to us as she had sadly recently been given a diagnosis that she had a terminal illness. She was advised to apply for a free Canine Care Card and nominate a Dog Guardian; someone she trusts to sign over the care of Poppy to Dogs Trust should she need it. She’d then be able to spend the most time possible with Poppy and feel reassured that she’d be given the best possible care at Dogs Trust when they could no longer be together.

When Poppy’s Dog Guardian contacted us to advise that her owner was now receiving palliative care and that they needed to activate her Canine Care Card, Poppy was collected by Dogs Trust the very next day. After a vet and behavioural assessment we decided the best place for Poppy would be a loving foster home. We were able to advise the foster carers of all the information we’d been given by Poppy’s owner regarding her life, diet and routine to enable us to make this transitional period as stress-free as possible for Poppy.

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38 | CENTRAL LONDON LAWYER

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