Issue 10 - Winter 2020
Legal Excellence Awards Issue IN THIS ISSUE: 1 Legal Excellence Awards 2019 • New improved website goes live • Wellbeing and the sole practitioner
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Issue 10 - Winter 2020
From the President... First, a very happy New Year to you all. I hope that 2020 will be an exciting year of opportunity for you, in whatever area you find yourself.
Contents
I am looking forward very much to everything that 2020 has to offer, and I hope that you will join us for as many of the events and activities as you can in the year ahead. We have just launched our new website, so please visit us as www.bbolawsoc.org.uk and see the new look site. There is a lot planned for the coming year, and this is all listed on our Calendar of Events on the new website. We will be sending out the membership and subscription forms for this year membership. It is now possible to renew your membership online, so please go to our website for that. You can also email us at admin@bbolawsoc.org.uk and we can send you a membership renewal form by email. Please encourage as many as possible to become a member of BB&O. There will be a number of events happening throughout the year where we will be offering discounted rates for our members, so there are many benefits of joining. Membership is available to solicitors (regardless of whether you are in private practice or in-house), trainee solicitors, locums, consultants, academics, and retired solicitors, as well as law students, LPC students, paralegals, and legal executives. The other good news is that, for 2020, we have reduced all of our fees. In addition, for students, paralegals, legal executives, trainee solicitors and employed solicitors with up to 5 years’ PQE, we have scrapped the membership fee altogether, so for you membership is absolutely free. This year, our annual dinner and awards ceremony will take place on 19 June 2019 – venue yet to be announced but please save the date. Before that, we are planning our first Legal Skills Triathlon in association with The University of Law in Reading, which will be taking place in March. There are many other events being planned, so it is definitely a case of having to watch this space . . . .
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2020–2021 Committee
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BB&O Annual Dinner & Legal Excellence Awards 2019
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Legal Excellence Awards Judges
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New year, new brand for your law firm?
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The new SRA accounts rules
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How much do you know about the SQE?
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Geodesys launches drainage and water report
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The BB&O Law Society new & improved website
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BB&O Law Society membership application form
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Wellbeing and the sole practitioner
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Oxfordshire Community Foundation
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Record level of legal advisers talk gifts in wills
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Experts matter
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Judge Brenda - 2020 agenda annual bar and young bar conference 2019
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Talking about care for a loved one in 2020
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Fridays at Quill
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2020
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MEMBERSHIP
Berks, Bucks & Oxfordshire Incorporated Law Society
2020–2021 Committee Executive Committee:
Committee Members by area:
Special Members:
BB&O Junior Lawyers:
Jane Whitfield (President) Barrett & Co Solicitors LLP DX 4033 Reading jane.whitfield@barrettandco.co.uk
Berkshire: Cyrus Medora Kidd Rapinet LLP DX 42269 Slough West CMedora@kiddrapinet.co.uk
Council Members: Razi Shah Appleby Shaw Limited DX 3830 Windsor rshah@applebyshaw.com
Jane Whitfield (President) Barrett & Co Solicitors LLP DX 4033 Reading jane.whitfield@barrettandco.co.uk
Charlotte Fox (Vice President) Barrett & Co Solicitors LLP DX 4033 Reading charlotte.fox@barrettandco.co.uk Emma Docking (Administrator) BB&O Law Society DX 4033 Reading admin@bbolawsoc.org.uk Simon Stone (Immediate Past President and Honorary Secretary) Kingsley David Solicitors Limited DX 84770 Milton Keynes 3 simonstone@kingsleydavid.com
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Buckinghamshire: Roderick McCulloch Reynolds Parry Jones LLP DX 4407 High Wycombe roderick.mcculloch@rpj.uk.com Richard Sauvain Parrott & Coales LLP DX 4100 Aylesbury richard.sauvain@parrott&coalesllp.co.uk Jonathan Warbey Horwood & James LLP DX 4102 Aylesbury jonathan.warbey@horwoodjames.co.uk ...........................................................
Oxfordshire: Tracy Norris- Evans Royds Withy King LLP DX 4314 Oxford 1 tracy.norrisevans@roydswithyking.co.uk Richard Coleman Royds Withy King LLP DX 4314 Oxford 1 richard.coleman@roydswithyking.co.uk
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Mohammed Nawaz Khan Abbott Forbes Solicitors DX 45410 Cowley nawazkhan.gb@gmail.com Local Authority Solicitors: Nick Graham Oxfordshire County Council DX 4310 Oxford nick.graham@oxfordshire.gov.uk
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AWARDS
The BB&O Law Society Annual Dinner and Legal Excellence Awards 2019
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On Friday 27th September 2019 members and guests of the BB&O Law Society donned their glad rags and enjoyed a wonderful evening at the Oxford Spires Hotel. The Annual Dinner was hosted by Simon Stone as outgoing President and Jane Whitfield as incoming President. Both Simon and Jane spoke fondly of the BB&O Law Society during their speeches as the gauntlet was passed between them. The evening started with socialising over welcome drinks before being called to dinner by our Toastmaster for the evening, Tim Colmans. During the dinner the guest speaker, Robert Bourns, made an inspiring speech and discussed his prior in volvement with the BB&O Law Society in his position as President and Vice President of the Law Society of England & Wales from 2014 to 2018. The Annual Dinner was followed by the Legal Excellence Awards. The Awards included four core categories; Lawyer of the year, Junior Lawyer of the year, Pro Bono/Corporate Social Responsibility and Solicitor Advocate of the year. All of which had at least two shortlisted candidates who looked on with suspense as the winners were announced. Having received nominations from several firms across the three counties, the winners were announced as follows:Lawyer of the year: Roger Hardwick from Brethertons LLP Junior Lawyer of the year: Elliott Brookes from B P Collins LLP Pro Bono/Corporate Social Responsibility: Shoosmiths LLP Solicitor Advocate of the year: Simon Carroll from B P Collins LLP The prestigious President’s Award was given to Jo Hawkins of Hawkins Family Law in Milton Keynes. Following the core categories, a special award was granted for Lifetime Achievement which was presented by the incoming President, Jane Whitfield. The Lifetime Achievement Award was given to Gillian Humphreys and Jane spoke of Gillian’s wealth of experience and commitment to both the legal profession and her community as a whole; a truly deserving winner. The Annual Dinner and Legal Excellent Awards 2019 was an excellent evening and the BB&O Law Society look forward to seeing you at the event this year; taking place on Friday 19th June 2020. If you would like to nominate a colleague for any of the awards then please contact any of the committee members or visit the BB&O Law Society website for full details:
www.bbolawsoc.org.uk
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AWARDS
2019 Award Winners
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Winners are as follows...
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1-4: Hannah Howard, Rachel Girven, Emily Ablitt & Zac Kuyinu 5: Roger Hardwick (Winner of The Pro Bono/Corporate Social Responsibility)
(Winner of LAWYER OF THE YEAR)
Four trainee lawyers – Hannah Howard, Rachel Girven, Emily Ablitt and Zac Kuyinu – from Shoosmiths
Roger is a Property Solicitor and specialises in Residential Leasehold Property Law. He is recognised as one of the leading experts in the fields of leasehold enfranchisement and the right to manage.
Milton Keynes office gained recognition for their efforts to help people by winning the Pro Bono / Corporate Social Responsibility category at the Berks, Bucks & Oxfordshire Incorporated Law Society Awards in September last year.
Hannah, Rachel, Emily and Zac engaged with Milton Keynes Citizens Advice to create and implement a new fortnightly Pro Bono housing and employment advice clinic at Milton Keynes Citizens Advice offices in Midsummer Blvd, Milton Keynes MK9 3HP. They developed the clinic’s procedures, secured the support of Robin Webb (the Milton Keynes head of office) for the initiative and pulled together a rota of volunteers and supervisors, as well as volunteering at the clinic themselves. • Hannah gained a first-class honours LLB Law degree at the University of Buckingham in 2017 before taking a one-year legal practice course at London Metropolitan University, which she passed with distinction. • Rachel began her working life as a paralegal with Cancer Research UK, moving on to Mishcon de Reya as a litigation paralegal for a year, before joining Shoosmiths in September 2018 where she spent time as a legal secondee with Mercedes Benz. • Emily gained a BSc (Hons) in Sport and Exercise Science at Loughborough University in 2016 before attending DeMontfort University where she achieved a Graduate Diploma in Law with distinction. Emily worked with the Citizens Advice Bureau before joining Shoosmiths, going on secondments with Volkswagen Group UK and SAI Global. • Zac has worked as a CI analyst with Goldman Sachs and set up his own user interface design business partnering with Samsung developers after studying law at the University of Kent where he participated in five months voluntary work with the Kent Law Clinic. He gained a masters degree in Business and Management at the University of Law in Moorgate before joining Shoosmiths in September 2018. Shoosmiths has consistently received very positive feedback from people who attend the clinics individuals usually in very stressful situations and in need of someone to help them by providing legal advice quickly. The advice clinic is now a firm fixture in the Citizen’s Advice calendar. Robin Webb said: “I am very proud of the initiative and commitment shown by Emily, Hannah, Rachel and Zac and was delighted that their efforts and the support from the firm were recognised with this well-deserved award.”
His work includes statutory lease extensions, collective enfranchisement and right to manage claims; freehold acquisitions under the Leasehold Reform Act 1967; ground rent portfolio sales and purchases; residential service charge disputes; applications to the First-tier Tribunal (Property Chamber) and appeals to the Upper Tribunal. Roger is proud to be recognised as a Leader-in-the-Field and ranked in Band 1 in the UK Chambers and Partners Guide 2020, sources highlight Roger as “one of the most knowledgeable professionals in residential leasehold law in England”, with an “encyclopaedic knowledge”. He is also held in high regard for his pragmatic approach: “He has an exceptional level of knowledge of not just the law and case law, but also the practical implications for landlords, tenants and their agents.” Roger is also listed in the Legal 500 and regularly delivers webinars and speaks at events.
More Winners on next page...
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AWARDS
2019 Award Winners
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(Winner of PRESIDENTS AWARD) Jo Hawkins qualified in Cambridge before establishing a family law practice in 2001, which has now evolved into Hawkins Family Law. Hawkins Family Law is recognised both locally and nationally as a place to secure sensible and commercial advice across all aspects of family law. Jo has been recognised as a leading individual in the Legal 500 for the last 4 years and has been practising exclusively in family law since 1992. Jo has a special interest in complex financial matters where she believes her pragmatic, but commercial, approach is best suited, and she is passionate about providing clients with a choice of forum for resolution. Jo particularly enjoy the collaborative process as she believes that this enables clients to become key players in determining their own solution. Jo is client-focused and willing to go the extra mile for clients, which has resulted in her acting for a number of celebrities and high-profile professionals, both locally and nationally. Utilising her skills in collaborative work, mediation and round-table meetings, Jo is able to settle the vast majority of her cases outside of the Court arena. However, where cases have to go to Court, she is a determined and effective litigator, with the goal of achieving the best outcome in a way that produces a fair and positive result for the family, constantly evolving her approach, whether as a result of changes to the authorities, the law or technology. Jo believes that choice is key for clients and this is why the practice as a whole is able to offer mediation, collaborative law, arbitration, litigation and negotiated settlements. She believes that clients want attention to detail, focus, individual attention, choice, to be listened to and for someone to be reassuring, confident and professional whilst remaining human. Jo is also a Resolution accredited specialist in substantial financial assets and children matters. A keen skier and gardener when not in the workplace, Jo is currently focusing on expanding her practice into Oxfordshire, with a new office in Stratton Audley outside of Bicester. .........................................................
7: Simon Carroll (Winner of Solicitor-Advocate of the Year) Simon Carroll is a senior associate and solicitor-advocate in B P Collins’ dispute resolution group. Specialisms An experienced commercial and regulatory litigator and solicitor-advocate, Simon regularly
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7 advises on commercial law, insolvency and asset recovery, often cross-border and with jurisdictional implications, in litigation and arbitration. He also has expertise in construction disputes; regulatory proceedings, often acting for professionals and directors; and in judicial review. Experience Simon has conducted litigation in most civil divisions of the High Court; in the Court of Appeal and the Supreme Court; has advised in connection with domestic and international arbitrations and has been involved in proceedings in the UK and internationally. Prior to joining B P Collins LLP, Simon was in-house counsel at a FTSE multi-national FMCG business, focusing on commercial and regulatory litigation. With significant experience acting for a range of household names and as an advocate, Simon provides practical and commercially focused advice, often to commercial parties operating in the renewable energy, manufacturing and technology, and pharmaceutical sectors. With several reported decisions, Simon has also had a number of successful outcomes acting for shareholders and directors in complex boardroom and ownership disputes, in the sport, media and entertainment field, defending parties before regulators, and in challenges to legislative decisions via judicial review. Simon has also gained significant experience as an advocate before domestic courts and tribunals and regularly appears in the High Court on a range of commercial matters. Client feedback includes, “Today’s result is entirely due to Simon’s efforts and systematic approach to the proceedings.” Independent legal directory, The Legal 500, regards Simon as a ‘Rising Star’ in commercial dispute resolution. Other achievements Simon is often sought for media comment, having previously spoken on the judicial review implications of HS2 scheme changes. National recycling trade body, the British Metals Recycling Association, has also invited Simon to present workshops to its members on regulatory issues in the environmental field, for whom he has also written several articles on related issues. Personal info Simon is a non-executive director of a multi-academy trust. He enjoys almost all sports, including triathlons, completing his first Ironman 70.3 in 2014; and in December 2017 was part of a five-man crew which successfully sailed unsupported across the Atlantic Ocean. .........................................................
8 8: Elliott Brookes (Winner of Junior Lawyer of the Year)
Elliott is a solicitor in the property disputes team. Specialism Elliott has a growing expertise in a wide range of property litigation matters including matters under the Landlord and Tenant Act 1954, matters under the Landlord and Tenant Act 1987 (section 5 Notices), boundary disputes, regulated mortgage contract disputes, possession proceedings, forfeiture and debt recovery. Experience Prior to joining B P Collins and qualifying into the property disputes team, Elliott worked as a paralegal at Nestlé S.A. assisting the intellectual property team with protecting the company’s brands. Elliott now advises and acts for multinational and national companies, commercial landlords, portfolio residential landlords, management companies and high net worth individuals. In respect of his commercial clients, Elliott sees himself as an extension of the client’s business, working closely with the client to achieve its objectives. In respect of his residential clients, Elliott considers his best skill is his ability to listen and advise his clients in a straightforward manner. Client feedback includes, “I have worked with Elliott for just over two years on a number of complex matters and he has been dedicated and hard-working throughout. He is professional and commercial, yet not afraid to push back and challenge. I look forward to continuing to work with him.” Other achievements Elliott won the Junior Lawyer of the Year award at the Bucks, Berks & Oxon Law Society Awards in 2019. Elliott is regularly asked to pen advice articles for the local media and speaks on complex property litigation matters at the annual Five Counties conference – a landmark event in the south of England for over 450 property professionals. Elliott has also presented at several CPD seminars enabling attendees to reach their annual CPD point targets. Personal info Elliott is a keen tennis player and enjoys the cinema and television, particularly The Godfather and The Sopranos. ________________________________________________________________
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Judges
AWARDS
(2019 Awards)
The BB&O Law Society invites those sponsoring its annual dinner and awards ceremony to put forward someone from their organisation to act as one of the judges of the legal excellence awards. In 2019, the judges came from Beaufort Asset Management, The University of Law and Insight Legal. Chris Knight
(wealth planning adviser at Beaufort Asset Management in Reading) Chris joined the Beaufort Asset Management team in November 2014 as a paraplanner, having gained extensive experience in the City. He advises a broad range of clients in relation to estate and tax planning and works closely with other advisers, including solicitors and law firms within the BB&O constituency. Away from the office, Chris enjoys indulging his passion for motorbikes, golf and football. Chris was one of the judges of the BB&O Law Society’s legal excellence awards in both 2018 and 2019.
Sarah Pooley
Derek Mills
Sarah studied for the CPE and Law Society Finals at The University of Law in London. She trained and qualified as a solicitor at Slaughter and May and worked in financial regulation until she moved into legal education. Sarah teaches Ethics and Professional Legal Practice, and Equity and Trusts on the GDL, as well as Business Law and Debt Finance on the LPC. Sarah is also the Chair of the Ethics Committee at ULaw and was made an Associate Professor in 2015. Like Chris, Sarah has judged our legal excellence awards in both 2018 and 2019.
Insight Legal specialises in software for solicitors and law firms. Its software system is designed to meet the needs of legal practices regardless of their size or type. Derek describes himself as a versatile, lateral thinker who thrives on challenges and embraces change which acts as the catalyst to spur him on to learn new things and ways of thinking. Away from the office, Derek has a strong interest in the human psyche, film production, football and golf, but not necessarily in that order. ________________________________________________________________
(Campus Dean, The University of Law at Reading)
(Business Development Manager, Insight Legal, Farnborough)
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Healthcare legal news editorial
The New SRA Accounts Rules -
A Practice’s Guide for Compliant Software By Deborah Witkiss, Professional Services Director at Insight Legal
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aw firms are now in the midst of a wave of regulatory change, with the SRA Standards and Regulations replacing the SRA Handbook on 25th November. Included in this change are a new set of accounting rules, governing the way in which all firms regulated by the SRA manage their accounts and deal with Client money. The new Accounts Rules are much shorter and less prescriptive than the SRA’s previous Accounts Rules, with the intention being to reduce the burden on law firms and enable them to use their professional judgement in how they apply and maintain the required standards. Firms should already have familiarised themselves with the new rules and developed processes that fit the practice, including a review of accounting and practice management software, to ensure that they have the systems in place to fully support the business in its compliance.
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The new rules do not offer an introductory period. Firms are expected to comply from the outset, so it is essential to review how your firm is performing against these new rules, and whether your software is suitable in practical terms. For example, the rules regarding payment of Interest to your Clients stipulate that the payment to them must be “fair”, but also that you may, by agreement, come to a different arrangement. There are some software systems which apply prescriptive r ules – some even in line with the old Law Society limits and de minimis rules. For firms formulating and applying their own procedures in line with the “reasonableness” rule, you need your systems to be adaptable to you. Another change is the removal of prescriptive timings and deadlines. For example, where firms may previously have been required to transfer
monies within 14 days, or bank cheques within two days, these exact requirements have been removed and replaced with the firm’s own procedures and timescales for what is reasonable. Legal accounting software has always aimed to simplify these transactions and provide notifications and reports to highlight breaches, but if your software is not up to date, it may not be able to ensure your compliance with your new procedures. There are a number of resources available to law firms that provide information on the new rules, and firms must review their software with compliance in mind. This will determine whether they are able to fully support your business and prompt any necessary changes should your firm require further functionality or an alternative supplier.
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legal news
How much do you know about the SQE?
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he SRA decision to reform solicitor qualification by introducing the Solicitors Qualifying Examination (SQE) in September 2021 followed a long consultation period. The exam process will not be finalised and signed off until summer 2020. There is still a possibility of delay. . TheThe SRA decision to reform solicitor qualification by introducing the Solicitors Qualifying Examination (SQE) in September 2021 followed a long consultation period. The exam process will not be finalised and signed off until summer 2020. There is still a possibility of delay. Students who have already started a law degree or Graduate Diploma in Law (GDL), or intend to do so before September 2021, will have the option to remain on the existing route to qualification (the LPC) as long as they complete the LPC by 2032 (to be confirmed). Some may choose to voluntarily switch routes to the SQE for costs reasons in 2021 or beyond, as, if students choose to complete the exams without a preparation course, the SQE will be cheaper than the current LPC. The SQE is fundamentally different to the current LPC, as it is just a set of exams, rather than a course and it does not involve elective teaching as a requirement. The exams will be set by Kaplan who have been appointed as the central examination adjudicator and assessor. All students will sit the same SQE exams no matter where or how they did their studies. Any degree or other qualifications/exam results will be irrelevant under the new regime, except to show you have a degree or equivalent in some subject – the SRA will only use the SQE result (pass/fail) to check students have the knowledge and skills to become a solicitor. Many sponsoring firms are likely to wish their intake to take preparation SQE courses with added modules to ensure that there are no knowledge and skills gaps before they start their training period and other products such as the GDL will still be available in the legal education market. Indeed the Law Society as well as the University of Law take the view that an LLB or conversion course is still going to be needed in order to succeed in the SQE/ job applications.
What does this mean for my firm?
• If you are recruiting for September 2022, you may have some candidates who have undertaken the LPC and some the SQE. The examination and training regimes are quite different which may cause some difficulties in managing their training. Some firms - Linklaters most notably have elected to not adopt the SQE initially and the first cohort of SQE trainees they will take on will commence their QWE in Spring 2023. • The SQE allows for QWE to be accrued before the SQE is undertaken, or between SQE1 and SQE2. Some firms may wish their future fee earners to undertake both parts of the SQE before embarking on the major part of their QWE with the firm. There is still a good deal to be done. The SRA has published specifications for the SQE1 assessments, following a pilot last Spring. The SQE2 pilot took place in December and is currently being marked and analysed. The results of that pilot will be released later this year and that is when the SRA will apply to the Legal Services Board for sign off of the new regime. Ulaw will provide an update to BBO in late Spring/Summer on the results of the SRA pilot and any resulting changes which Ulaw will make to the preparation courses it is offering to prepare students for the SQE. and replaced with the firm’s own procedures and timescales for what is reasonable. Legal accounting software has always aimed to simplify these transactions and provide notifications and reports to highlight breaches, but if your software is not up to date, it may not be able to ensure your compliance with your new procedures. There are a number of resources available to law firms that provide information on the new rules, and firms must review their software with compliance in mind. This will determine whether they are able to fully support your business and prompt any necessary changes should your firm require further functionality or an alternative supplier.
The new process: 1.
Undergraduate degree or equivalent
To become a solicitor, all applicants must either have an undergraduate degree, or equivalent experience to study at degree level (for example, by completing a degree level apprenticeship). Importantly, a qualifying law degree will no longer have any special meaning for the process, but it should help candidates prepare for some of the SQE assessments.
2. SQE stage 1 All applicants will have to sit and pass SQE Stage 1, whatever degree or other qualifications they have already. SQE Stage 1 will assess legal knowledge through multiple-choice examinations. SQE stage 1 must be completed before progressing to SQE stage 2.
3. SQE stage 2 Again, all applicants will have to sit these assessments, regardless of existing qualifications. SQE Stage 2 will assess legal skills (interviewing, drafting and so on) through practical examinations and assessments.
4. Qualifying work experience A minimum of two years’ qualifying work experience (QWE) is required but this can be with up to four different legal employers (and could include appropriate pro bono experience). QWE can take place during, before or after completing SQE assessments, although we expect that in most cases candi dates will have successfully completed at least SQE stage 1 before starting their main period of QWE.
5. Apply to the SRA for qualification
The SRA will complete quality and suitability checks only at this stage of the process to determine eligibility. (Under the current process these checks are done before starting the training contract phase.)
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ARTICLE
Geodesys launches drainage and water report for new build homes Conveyancing search provider adds bespoke search option to its service offering
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leading provider of conveyancing searches for residential and commercial properties throughout England and Wales – has announced the launch of its brand new drainage and water report for newly-built homes in the Anglian Water region. The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society’s official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers. Jonny Davey, Product Manager for Geodesys, comments: “We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs.
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“We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.” Making conveyancers’ jobs easier, the new report will provide: • 17 questions including two high quality water and sewerage maps • Crystal-clear front-page customer dashboard highlighting information on key questions • Easy-to-use interactive navigation making retrieving information easy for users • Top tips and advice relevant to buyers of new build properties • £5m professional indemnity insurance
Jonny continues: “Produced by industry experts, our streamlined report clearly outlines all the most pertinent information. Some data contained in a full CON29DW is simply not available for new builds, so NewBuildDW allows conveyancers to access the key details at a more competitive price.” The NewBuildDW Report is available for £36 (including VAT) in the Anglian Water sewerage area only and for residential properties classed as new build. For more information, please visit: https://www.geodesys.com/residential-searches/ drainage-and-water/new-build-drainage-and-water-report/ For more information about Geodesys visit: http://www.geodesys.com
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LAW SOCIETY NEWS
The BB&O Law Society new & improved website goes live!
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B&O Law Society’s new and improved website is now live with easy to use features!
Becoming a member of the BB&O Law Society has never been easier with our new online joining and payment facility. Simply go to the website at www.bbcolawsociety.org.uk and take a look. Our website also includes updated information about our new Executive Committee for 2020 - 2021, as well as information about upcoming events.
Also new this year in BB&O news is that we are also live on four different social media platforms: Facebook, Twitter, Instagram and Linkedin. Please do follow us on any of these platforms where information about news and upcoming events are updated frequently...
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Twitter:
@BBOLawSoc
Facebook: Berks, Bucks & Oxon Incorporated Law Society Instagram: @bbolawsociety Linkedin: BB&O Law Society (Berks, Bucks and Oxon Inc. Law Society)
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ARTICLE
Wellbeing and the sole practitioner
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Working as a sole practitioner can be extremely rewarding and enjoyable, and many thrive working on their own. However it is not without it’s challenges. It can be isolating, having no-one to bounce ideas off or chat to about work means it can often feel overwhelming. There is the financial burden resting on your shoulders which can cause huge stress, especially if you cannot work due to illness, or a family illness or bereavement. It is vital that sole practitioners are tuned into their mental health and wellbeing, and aware of some of ways in which their work can affect them. It is important to look after your day to day wellbeing so that when problems arise, you are better equipped to deal with them. It is also important to have a support network you can turn to for help, this could be friends, family, other professionals or LawCare. LawCare is an independent charity which has been supporting lawyers for over 20 years and offers emotional support from people with experience in life in the law via a helpline, webchat, email and a peer support programme. At LawCare we are often contacted by lawyers who struggle with overthinking, unable to sleep properly because they go over and over their work in their head. We get calls from lawyers who are struggling to cope with their workload and are drinking too much every evening. We get emails from lawyers who are experiencing extreme anxiety and imposter syndrome. We speak with lawyers working with vulnerable or traumatised clients which is really affecting their own wellbeing. We also hear from lawyers who have made mistakes and are worried about disciplinary action. Does any of this sound familiar? In addition to this we often see certain personality traits in lawyers: an analytical mind, impatience, extremely driven, perfectionism, a constant feeling a sense of urgency, and overly self-critical. These can all be very useful in the workplace but destructive in your private life. Often lawyers find it hard to admit they are having a difficult time and not coping for fear of showing weakness.
WARNING SIGNS:
• Trouble sleeping: A vicious circle: worries about work lead to lack of sleep, which makes it difficult to perform well at work. • Physical changes: Headaches, skin complaints, frequent colds, aching muscles, heart palpitations, shortness of breath, dizziness, nausea, digestive problems. • Drinking and smoking: Turning to drinking and smoking to cope with the demands of work. • Eating: Comfort eating or skipping meals. • Mood swings: Feeling irritated and frustrated, angry one minute and feel fine the next. Panic, fear, and uneasiness. Not being able to stay calm and still • Panic attacks: These can happen suddenly, for no clear reason. It can mean feeling sick, short of breath, shaking, sweating and experiencing a sense of unreality.
TIPS FOR LOOKING AFTER YOURSELF: Exercise
Do whatever you like as long as you get moving. Exercise makes it difficult to overthink as you need to concentrate on the physical activity itself and the melatonin, serotonin and endorphin boost will help to combat negative thoughts.
Eat well and drink in moderation
Eating a balanced diet improves wellbeing. It is important to eat regularly which can be difficult if you’re busy at work, so buy a nutritious lunch on your way in or keep healthy snacks in your drawer, or set a reminder to go out for lunch. Make sure you drink alcohol in moderation, whilst it can be tempting to drown your sorrows if you are having a difficult time this will just make you feel worse the next day.
Be mindful
Research shows that regular mindfulness improves your concentration, decision-making and working memory. It reduces stress, lowers your heart rate and blood pressure, strengthens the immune system, and reduces anxiety and depression.
Take a break
Sitting at your desk for long periods is counter productive. Getting up from your desk for a brisk walk or a stretch for ten minutes can improve your focus and concentration.
Keep in touch
Human are tribal, we need other people and this is even more important it you are largely working on your own. Seeing friends and family, or having a chat on the phone can give you a lift when you are feeling down.
Share how you feel
We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. We all need someone to talk to about personal matters without judgement and in confidence. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus and it can seem overwhelming to choose what action to take. Sometimes a listening ear and a nudge in the right direction is all we need to move on. For some it’s not as easy as talking to a friend or family member. LawCare is happy to talk to you about whatever you are going through. You can phone our free, confidential helpline and talk to another lawyer who’s been there on 0800 279 6888. You can also access webchat, email support and additional resources at www.lawcare.org.uk
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www.bbolawsoc.org.uk
CHARITY
Record level of legal advisers talk gifts in wills with clients • 68% of solicitors / Will-writers always or sometimes raise the topic of charitable bequests proactively during Will-writing • Only 7% of advisers never proactively reference legacy giving with clients • 20% of Wills currently handled by legal firms annually include a charitable donation
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LONDON, 10 DECEMBER 2019: More UK legal advisers are initiating discussions with Will-writing clients about the option of leaving a charitable bequest than ever before, according to a tracking study from Future Thinking.
Commissioned by the 200-strong charity consortium Remember A Charity, the study reveals that 68% of solicitors and Will-writers always or sometimes proactively raise the subject of legacy giving with clients, up from 58% in 2012. Almost one quarter (24%) occasionally raise the topic with clients, while only 7% say they never do, down from more than twice that (16%) in 2012.
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Rob Cope, Director of Remember A Charity, says: “Over the years, we’ve seen a marked change in the way that advisers are approaching gifts in Wills with clients. Legacy giving is becoming more common across the client base, and there’s much less reticence when it comes to raising the topic of charitable giving.” The consortium recognises the key role that advisers play in normalising legacy giving and raising vital funding for good causes annually, with research from the Behavioural Insights Team demonstrating that referencing the option with clients can double the proportion of those that go on to leave a gift. Cope adds: “Increasingly, advisers now see discussions about gifts in Wills as part and parcel of offering a comprehensive service to clients. In most cases, clients will want to look after friends and family first – and that’s something we’d encourage. But a simple question asking all Will-writing clients if they’d like to consider leaving a donation too can make a huge difference to the number of people that choose to give in this way.”
On average, advisers report that 20% of the Wills they administer annually contain a charitable bequest, having risen steadily from 16% in 2012. 85% of the legal firms in the study had assisted in administering estates that included a charitable donation. The proportion of Wills going through probate that include a charitable bequest has risen from 12.2% to 15.8% over the past decade, with more than 10,000 charities named in Wills annually[1]. Advisers that always open up legacy giving conversations with clients typically do so because it is part of their standard Will-writing process or because they want to alert clients to the tax breaks linked to leaving a charitable bequest. More than seven in ten (71%) of advisers always or sometimes reference the tax advantages of leaving a gift to charity. Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated. Remember A Charity is now working with the legal sector to develop a new suite of materials that will help to bring greater consistency and demonstrate best practice for the way that advisers can reference charitable giving with clients.
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EXPERT WITNESS
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ARTICLE
JUDGE BRENDA SETS AN EXCITING 2020 AGENDA ANNUAL BAR AND YOUNG BAR CONFERENCE 2019
“The Modern Bar: our work and our role” A review by Phillip Taylor MBE, reviews editor, “The Barrister”
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t was a quieter affair this year with a different, less rushed format to suit these unpredictable times during an unexpected general election campaign. And the theme was undoubtedly and unashamedly about and starring women in this centenary year. In the morning, the Bar Council produced a “Manifesto For Justice: Urgent Action Required” introduced by the chair of the Bar, Richard Atkins QC, which sets out the views the Bar hopes the politicians which follow“Fat chance!” some may say, but do read the Bar’s manifesto which illustrates much of what we heard today at the two Conferences today.
As candid as ever, Hale continued that “the reason women are not taking silk is that they are not applying. They are reluctant – or a more worrying reason is that they are not getting the kind of work that will qualify them to apply.” And there lies the same problem for the Young Bar, brilliantly represented this year by Athena Markides, who battled on whilst suffered from Counsel’s enemy – a hoarse voice! We heard several similar views about quality of work as money was rather off the agenda because of election purdah.
Richard opened the proceedings to well over 100 attendees with his easy Midlands charm and he thanked Rachel Langdale QC who headed the team organizing the event. There were fewer “break out” sessions (which many were happy about) and the two undoubted stars were Lady Hale and Lady Justice Thirlwall who gave keynote speeches. Brenda Hale needs no introduction to lawyers as President of the Supreme Court. A prominent judge who has produced a hit book called “Judge Brenda and the Supreme Court – Equal to Everything” from the Legal Action Group, the work follows Hale’s career and is a brilliant read. The speech was “Here’s to the second century of women lawyers” which captured the struggle woman have faced as we celebrate 100 years of women as Counsel. Today, many will find it amazing to read of the struggle both at the Bar and at the Bench. It was nice to hear a bit of criticism of last year’s speaker, Lord Sumption, who was, shall we say, somewhat dismissive of gender equality amongst the judiciary. Brenda put Jonathan right quickly predicting parity by 2033. Let us hope she’s right, and it’s not 50 years. The proportion of women in the higher courts is somewhat lower, but “it’s obvious that we still have a long way to go with women in the law both in the profession and the judiciary”.
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Brenda is always a treat to listen to for sheer intellect and practicality whether one likes her decisions or not (government please note). Today was no exception and she ended saying “the momentum is with us; the force is with us… People are now recognizing equality issues that were not recognized before”. After 10 years celebrating our UK Supreme Court, the pages are turning more towards gender equality than many of us could have imagined as we passed the exhibition of “women lawyers” down the century but there is more to do. We were looking for the “take-away” points from the breakout sessions and they came aplenty in both the criminal/family session and the commercial disputes admirably chaired respectively by Lord Hughes and Mrs Justice Carr.
The small number of exhibitions proved an exciting detour during coffee, chatting to the publishers, tunic shirt sellers, and Inner Temple with the squeezy judges (to aid concentration, no other purposes!). For the afternoon session we heard from Lady Justice Kathryn Thirlwall on “Court Reform”. I expected it to be somewhat depressing just after lunch but we had heard mention of the name of excellent Richard Susskind involving his new tome concerning “Online Courts” so the speech and questions from Kathryn offered a very clear picture of the problems she will face in 2020… and she did not stray for one moment into the political arena although tempted by the journalists present (as usual). And from the questioning, we all knew where the problems are- the court estate; lack of repairs; judicial sitting days; and so on.
The light-bulb moment for me, towards the end, were echoed by the words of Richard Atkins summing up his year- “the profession remains in good hands”. It does, and with just a bit more political goodwill from a less-Brexity Commons, 2020 may prove to be a much more optimist year for all parts of our legal profession… And yes, in case you ask, “The Secret Barrister” was there, via skype and a laptop used by his/her best friend who works in a zoo (couldn’t work that one out) and acted as a spokesperson. SB did not disappoint, and neither did the speakers who made this a memorable day as we move to the next century of women lawyers.
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www.bbolawsoc.org.uk
Talking About Care for a Loved One in 2020
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hristmas and the New Year are the times of the year when many families meet, and this leads to the discussion that a loved one needs care support or increased care support.
Care is available from many care providers and a look online at www.Yell.com will bring up the care providers in your local area. If you live in a rural or remote area of the country the list of available care providers will be significantly reduced and as a family, you may think that a move to a residential care home is going to be the answer to the support needed. This is not necessarily the situation. Live-in Care, having care workers supporting you in your own home, is the alternative to making the often-sad exit from your home of choice, your own. Live-in care workers will help with your personal care needs, your domestic tasks and can provide companionship. Your home and how you wish to live in your home and surrounding community is respected. Able Community Care has been providing Live-in Care packages throughout the UK for 39 years. We introduce appropriate carers into your home on a fortnightly basis and our objective is to provide you with a rotational system of carers whom you have chosen to support you. Our website at www.ablecommunitycare.com gives detailed information and if you wish we can also send you our information brochure. If you have questions, please give us a call on 01603 764567 and we will be happy to answer them. Able Community Care has provided millions of hours of reliable care support throughout the UK and beyond.
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Fridays at Quill
Fridays at Quill
By Julian Bryan, Managing Director, Quill
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airweather Law rolls out superior combined Quill-Redbrick package
Fairweather Law uses a combined Quill-Redbrick software solution for legal accounting and case management respectively. The practice decided to switch because its previous supplier inflated its fees thereby making it unsustainable for the future. Jack Fairweather, Director at Fairweather Law, describes the decision-making process: “When we were given a very substantial fee increase, it suddenly became the right time to migrate onto something new. The first stage was installing Redbrick to manage our matters and documents with workflow assistance. “The second stage was legal accounts software. We sought recommendations from Redbrick, of whom Quill was a strong shortlist candidate, took references from existing software users, had sales demonstrations then compared costs and functionality. “Ultimately, there were multiple reasons for choosing Interactive from Quill. Where cost’s concerned, it’s chalk and cheese to what we paid before. No law firm can be complacent about introducing financial savings. “Where functionality’s concerned, the overall user interface is so much better, particularly the dashboards which are extremely easy to use. There are many more features too, not least the wider range of reports which our fee earners find especially insightful as a means of monitoring their own progress. Overall, it’s a superior combined package.” Having operated its incumbent application for nine years, the team at Fairweather Law adopted a pragmatic approach allowing a six-month period for implementation in order to alleviate potential disruption. “Although we were unhappy with our old supplier, it was still a big change as we’d really bedded in over nine years,” continues Jack. “We were advised by Quill to take our time for implementation for things to be done seamlessly. Thankfully, that’s exactly what did happen. Even my dad, who’s a founding partner of our business and was fairly traumatised by the last software rollout which went far from smoothly, has commented that he didn’t encounter any difficulties this time. “The whole changeover was professionally handled by Quill. Full credit to them that it’s been so straightforward and gone completely to plan. We all knew what we wanted to achieve. This was a major contributory factor in our success. “We’re now in the midst of familiarisation, putting our training skills to use and finding our way around Interactive but already our staff are happier. While we acknowledge it’ll take time to get used to the new system, we know it’s not going to be a laborious task because of Interactive’s inherent user friendliness. Although somewhat forced to change, signing for Interactive has been the best decision.”
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Notes for editors: Quill is the UK’s largest outsourced cashiering provider to legal practices as well as outsourced bookkeeping, payroll and typing supplier to businesses within any industry type. In addition to its outsourcing services, Quill offers legal accounts, practice and document management software to independent solicitors and multi-disciplinary law firms. At the heart of its company values is a total commitment to continual service and software development, and maintaining exceptionally high standards of client support and training, which is why Quill is the first choice for many new and established companies and over 8,000 users. Quill’s committed to its ongoing corporate social responsibility programme which has led to thousands of pounds being donated to charity and earned the esteemed accolade ‘Employer of the Year 2016’ by the Multiple Sclerosis Society.
Contact: For more information, please contact:
Julian Bryan Managing Director
Quill Castle Quay Manchester M15 4NJ Tel: 0161 236 2910 Email: j.bryan@quill.co.uk Web: www.quill.co.uk
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