Cambridgeshire Lawyer Winter 2022

Michael Frape President of the Cambridgeshire Law Society

Christmas and the turn of the year is a time when we have the space, time and motivation to reflect on the past 12 months and look forward positively to the year to come.

The last 12 months have been turbulent ones for the legal profession, the justice system and the rule of law. The state of the British justice system is a serious disgrace. A decade of chronic under-funding and cost-cutting measures have given us crumbling courts, legal aid deserts and a massive backlog in criminal and civil cases. The state of the criminal legal aid system is an outrage both to victims of crime and those accused of wrongdoing. The ever diminishing number of legal aid lawyers is a serious threat to the rule of law by restricting access to independent legal advice.

The rule of law was undermined during the Covid pandemic and continues to be threatened. The government’s legislation seeking to curtail the right to protest and to restrict human rights may not affect many of us, but is nevertheless reducing the extent of our freedoms and liberties and taking us down a path

to a more authoritarian future which should concern all of us.

Looking ahead, however one should try to retain an optimistic disposition even if that may not be justified by the objective evidence around us. We can all do our bit to make our society a better place for all in many different ways. One way is to support a strong and independent legal profession upholding the rule of law. That is why CLS celebrates the excellence of our members at our annual LEA. I hope therefore that all our members will give serious consideration to putting themselves or one of their colleagues, or their team, or their firm forward for an award.

We wish all our members and their families a joyous Christmas and a prosperous New Year and ask that you all consider those less fortunate than us and therefore give either of your time or your money to deserving causes and charities, who can make positive differences on our behalf.

Michael.

INFORMATION & EVENTS

OFFICERS

President

Michael Frape Ashtons Legal

Honorary Secretary

Emma Bowman Howes Percival

Treasurer

Gary Hanson

COMMITTEE MEMBERS

Barristers Rep

Joshua Walters Fenners Chambers

Career Development and Mentoring Officer

Jessica Mason Birketts

Corporate Partnerships Officers

John Wright Woodfines

Andrew Lika Vardags

Corporate Sponsorships Officer

Joshua Walters Fenners Chambers

CSR & Pro Bono Rep

Ellen Cole Greenwoods GRM

Equality, Diversity & Inclusion Officer

Scott Smith Howes Percival

International Relations Officer

Melissa Barker (Née de Carvalho) Birketts

In House Lawyers Rep

Anna Mortenson Nichino Europe

Junior Lawyers Division Representative

Alexandra Illingworth Mills & Reeve

LEA Officer

Jessica Mason Birketts

L&D Officer

Chris Hoole Appleyard Lees

Parliamentary Liaison Officer

Chris Thomas Appleyard Lees

Patent Attorneys Rep

Anwar Gilani Venner Shipley

PR & Social Media Officer

Josie Beal Birketts

Publications Editor

Kate Harris Birketts

Social Events Officer

Joanna Cotgrove Ashtons Legal University Liaison Officer

Kamakshi Puri Cambridge University Student Website Officer

Charlotte Vallins Ashtons Legal Administrator

Penelope Harrington

EVENTS 2023

Social

Thursday 2nd February

Networking Evening Clayton Hotel, Cambridge 5.30pm - 7.30pm

Tuesday 21st February

Diversity Network Evening Clayton Hotel, Cambridge 5.30pm - 7.30pm

L & D

Wednesday 1st February

NED Talk - Speaker Isabel Napper

Followed by networking Mills & Reeve, Cambridge 5.30pm - 7.30pm

Thursday 9th February 2023

IP Evening - Speaker Dr Jeremy Burroughes of CDT

Followed by networking Cass Centre, Cambridge 6.00pm - 8.00pm

Wednesday 15th March 2023

Student Evening ARU Peterborough

Details to follow

LOCAL LAW SOCIETY FORUMDIVERSITY AND INCLUSION

Samantha McLeish and Chris Seel The Law Society, Diversity and Inclusion Advisers

On 29 September 2022 Chris Seel and Samantha McLeish, who are members of the Law Society’s Diversity and Inclusion (D&I) Team, provided a preview of upcoming D&I work including how local law societies and their members can get involved in two particular projects: the 100 Year Centenary of Women in Law and the Law Society’s D&I Framework. If either of these topics are of particular interest to you or to segments of your membership, and you would like further information, please do not hesitate to contact us at membershipengagement@lawsociety.org.uk

100 Year Centenary of Women in Law

In 1922 the first woman to officially qualify as a solicitor was admitted to the profession. The Law Society will remember and celebrate this milestone of 100 years of women in law through a campaign with three phases, running from December 2022 to March 2023.

Phase One will begin with a historical article on the first four women solicitors and a launch event at 113 Chancery Lane. This will be an invite only event and shall be livestreamed to those who wish to attend from further afield. This will coincide with a social media campaign profiling 100 inspiring women in law from the past and member profiles articles.

Phase Two will run from January through to February. The focus of this phase will be on informing, educating and guiding firms and organisations on the changes that still need to be made. We hope, as part of this phase, to record members of the profession speaking about their hopes for the profession, create member profiles on hybrid and flexible working and alternative career paths, to develop a D&I dictionary entry to assist with things like gender neutral drafting and promote the D&I Framework to encourage firms to focus on gender equality

Phase Three will run from the end of February through to March. We intend for this phase to coincide with International Women’s Day on 8 March 2023. The exact outputs of this phase are under discussion, but planning is underway, and we are keen to hear from interested partner sponsors for this phase who would be interested in hosting an event with us. Should your Law Society or any of your

members have an interest in being involved with the 100 Year Centenary project or are already making plans to celebrate this centenary then we’d love to hear further from you.

The D&I Framework

Figures released from our Annual Statistics Report 2021 found that while there has been some improvement with increasing diversity in the legal profession, there’s still work to be done. Solicitors from Black, Asian and minority ethnic backgrounds reached 18%, while Black, Asian and minority ethnic solicitors working in private practice increased by 6%. However, nearly a third of sole practitioners are from Black, Asian and minority ethnic backgrounds. These solicitors often make the move to sole practice due to barriers to progression to senior levels at larger law firms. Disabled people and those from lower socio-economic backgrounds are not even getting into the profession in sufficient numbers.

The Law Society has developed a new framework to provide firms and organisations with a three steps approach to tackling D&I challenges and creating a lasting impact. As part of this framework, we have created an action plan template as well as links to additional guidance and resources for more detailed help. For those organisations new to the issue this framework will help you to create a systematic, well resourced, approach to meet these challenges. If you are already taking action, it will help you review and identify gaps or areas that need further thought. Further information about the framework is available here:

PRESS RELEASE

www.lawsociety.org.uk/contact-orvisit-us/press-office/press-releases/ diversity-and-inclusion-frameworksets-out-how-the-legal-profession-cancreate-lasting-change

SHORT OVERVIEW

www.lawsociety.org.uk/campaigns/ diversity-and-inclusion/features/threesteps-to-a-diversity-and-inclusionstrategy-that-creates-lasting-change

FULL FRAMEWORK

www.lawsociety.org.uk/topics/diversityand-inclusion-framework

We encourage local law societies to look at this and to signpost it to your members.

Our initial primary audience is medium to large firms, but we are looking to continually develop the framework to suit our members’ needs, so will be gathering feedback from small firms and in-house lawyers on what other resources they would find helpful. In any event, most organisations can benefit from the strategic approach recommended by the framework.

This framework builds on and replaces our D&I Charter, which was developed over a decade ago. Changes in the workplace and wider society have encouraged us to update our approach.

As part of this project, we are keen to share examples of best practice from across England and Wales. If you or your members are interested in submitting a D&I case study to be featured on our website, please do not hesitate to get in touch.

systems link directly into public services such as the Land Registry to check property deeds. This instantly reduces the potential for fraud – and removes the risk to important documents.

Empowering customers

and verified. Automation saves human effort, reduces staff costs and removes the risk of human error. Therefore tech integration isn’t just for the customer – it also helps you maintain your margins, as you can decide how much of the savings gained from tech and automation to pass on to your clients, and how much to reinvest into more innovative services.

Hello

Cambridge Law Society. It’s nice to get the chance to be the one that writes for you. I’m going to use this opportunity to talk about some of the innovations that the greater use of technology is bringing to the profession.

Even before the pandemic accelerated digital transformation across legal services, our Standards and Regulations, introduced in 2019, provided you and your firms with greater clarity, agility, and flexibility. This helped some of you to quickly switch to technology-enabled remote and online working and continue providing legal services throughout the pandemic.

Post-pandemic, many of you have permanently adopted a hybrid model, combining online and in-person customer interaction. In addition to video conferencing and electronic signatures, there are online services and apps for standard processes like customer onboarding, whereby the client submits an online form with their personal details and the nature of their case. These are increasingly linked to triage systems which automatically direct client inquiries to the department or lawyer with the appropriate specialism.

Automation supports compliance

As well as making it easier and quicker for customers to instruct a lawyer, online and automated services support regulatory compliance. Now clients can use an app to upload a photo of their passport or driving licence and take a selfie to verify their identity. Practice management

We are exploring how technology and innovation can empower consumers and increase access to justice. For example, we examined the possibilities for unbundled legal services, whereby lawyers and customers divide the legal tasks between them. Unbundling, powered by collaboration platforms that share information gives consumers more control over their cases and reduces costs, extending access to legal services. Our unbundling pilot found no significant difference in consumer satisfaction when services were unbundled: indeed, unbundling helps firms attract more clients.

Customer-facing apps are making legal services easier to access and more straightforward, giving customers more control over their data, and enabling them to check progress on their case 24/7 from multiple devices. There is more choice around customer interaction – websites, apps, chatbots, online consultations via Zoom or Teams, and messaging platforms – in addition to the traditional telephone and in-person meetings.

However it is important to allow people to choose how they interact with you. While some are more comfortable taking the time to fill in an online form, others prefer an initial meeting for information gathering – either in person or online. This will depend on the individual, and the type of advice they are looking for – whether it is a business or property transaction, or a sensitive personal or family matter.

The digital data vision

Digital transformation enables you to capture and access the data you handle. Systems, tools and apps automatically gather and leverage data which can be used to achieve efficiencies and cost savings. When a client submits an online form, the data is replicated across the firm’s operation and finance systems removing the need for additional data entry. The details can be seamlessly checked

Digital transformation introduces realtime, comprehensive audit trails as the data captured is not just the data that is consciously shared to the system, but underlying metadata like the time it takes to progress each case. Systems record every customer interaction, from emails through to voice messages and video consultations. That data can be used to monitor and improve processes and ensure consistency throughout and across cases. It can also be used to protect the firm against complaints and disputes.

Tech and automation remove potential misunderstandings. And reduced risk has a direct effect on professional indemnity insurance (PII) premiums. One firm found that customers inputting their own details rather than a lawyer or paralegal taking meeting notes led to lower PII premiums because this unbundling mitigates the risk of customer disputes/claims due to inaccuracy or misunderstandings. Another firm developed an automated claims management system which lowered the cost of processing motor claims enabling it to remain competitive while maintaining its margins.

Digital transformation is a win-win for all stakeholders. Tech and automation benefit operations and profit margins, and support customers by providing a better, clearer, more verifiable, audited service. SRA Innovate supports and promotes transformational ideas, products and services that deliver these improvements through initiatives like the Regulators’ Pioneer Fund and LawTech UK’s Regulatory Response Unit.

But as law is a social framework, we need to empower all consumers, not just people who are competent and comfortable with using online services. So we also need to focus on exception handling – the human in the loop who is there to support people who need legal advice but are unable or uncomfortable with a wholly digital interaction.

How technology innovation is supporting regulatory compliance and reducing risk for you and your clients -

Chris Handford, SRA Director of Regulatory Policy

THE VIEW FROM CHANCERY LANE

Michael Frape Law Society Council Member for Cambridgeshire & Peterborough

The Law Society’s Corporate Strategy 2022-2025

Like many aged and august institutions (TLS was founded in 1825), TLS has not always been as fleet-footed and modern in its approach as more recently formed entities. Consequently, TLS has been on something of a modernisation journey over the last five years. It has now launched a new Corporate Strategy for the three years ending in 2025: www.lawsociety.org.uk/about-us/ our-strategy-and-business-plan

As the background to TLS’s Corporate Strategy 2022-2025 states:

Our last five year strategy focused heavily on transforming the Law Society given the many areas of improvement required across the organisation.

We invested in improved member services through digital platforms. We have modernised our home in 113 Chancery Lane and created a clearer operating model to focus the Law Society on the needs of members and on its public interest responsibilities.

TLS has therefore been on a ‘change’ journey, much like that of many of our member firms, and been experiencing the truth of Heraclitus’ oxymoronic aphorism that ‘Change is the only constant in life’. Nevertheless, with a much-improved digital platform in place and substantial organisational changes completed, TLS now wishes to place greater focus on improving its member offer and (relatedly) responding to UK Government policy developments.

Over the next three years, TLS’ strategic objectives are the following: • promote the value of the profession and provide a compelling member offer • protect the justice system and make sure it applies to everyone equally • maximise our potential by growing

our commercial reach, by being efficient and sustainable • be an employer of choice for people who want to make a difference

As with all modern organisations, TLS will strive to be a more diverse and inclusive organisation. It is doing well in that area with the first Asian / Muslim President. But TLS is not making enough progress in becoming a better corporate citizen by being more sustainable in the ecological sense. There is very little if anything about improving non-commercial sustainability and becoming a net zero organisation as it should.

The work of the Council’s Committees

These are unsurprising, but quite challenging, objectives especially given that they are concerned with access to justice and equality before the law. That is an area of public policy that TLS can only hope to influence along with other stakeholders. All government spending is subject to the economic vicissitudes, which affect tax receipts and how government prioritises its spending. Which government is going to prioritise the justice system and Legal Aid provision ahead of the NHS and education?

In terms of the finances, TLS derives the majority of its income from the practising fees paid by each solicitor for the right to practice law. This is known as ‘section 51 funding’, because it relates to the share of practising fee income TLS is entitled to receive under that section of the Legal Services Act 2007. The current fee is £286, which is an increase on the fee of £266 in 2021, but much lower than the fee in 2010 which was £428. This has put pressure on TLS to develop its commercial arm and now 30% of its income is generated by commercial activities. TLS says that it wants to develop its commercial activities further to become more ‘sustainable’.

The Law Society Council’s two main committees are the Membership and Communications Committee (MCC) and the Policy and Regulatory Affairs Committee (PRAC). In broad terms, MCC is interested in TLS’s ‘member offer’ for solicitors and how that offer is communicated to our members via the website, email, social media or advertising. PRAC is interested in policy areas and is also responsible for overseeing the work of the 23 specialist committees, which range from Access to Justice through to Wills and Equity.

The two committees are populated by solicitor volunteers and the relevant staff members of TLS at director level and below. They have heavy workloads as they cover a lot of ground between them. The committees report their activities to the Council as a standing agenda item but may also make presentations on specific matters on an ad hoc basis such as on SLAPPs (Strategic Law Suits Against Public Participation). They also provide policy input on TLS campaigns such as ‘Legal Aid Deserts’ or the government’s refusal to implement in full the Bellamy review recommendation of a 15% increase to Legal Aid pay rates for solicitors.

This is all important work, which goes on unheeded by most of us but to our and the public’s great benefit.

We have created a clearer operating model to focus the Law Society on the needs of members and on its public interest responsibilities

21 ST FEBRUARY 2023 5.30pm and 7.30pm

THE CLS HOST DRINKS AT THE CLAYTON HOTEL , CAMBRIDGE to celebrate the launch of the

CAMBRIDGESHIRE LAW SOCIETY DIVERSITY NETWORK

We will be welcoming female, ethnic minority, LGBTQ+ and disabled members and their allies for a drinks evening at the Clayton.

Please come along to network, make connections and meet like-minded lawyers in Cambridgeshire.

FREE TO MEMBERS

UPDATE FROM THE PARLIAMENTARY LIAISON OFFICER

Chris Thomas Trade Mark Attorney and IP Solicitor Appleyard Lees

Bill of Rights

Following the appointment of Rishi Sunak as Prime Minister, it is reported that the Bill of Rights, first introduced to Parliament on 22 June, is back on the legislative agenda for the new Government. The Bill would repeal and replace the Human Rights Act 1998, but would retain Convention rights and their ability to be enforced in UK Courts, whilst the UK would remain a member of the ECHR.

The key reforms proposed in the Bill include:

• Establishing primacy of UK case law – there will no longer be a requirement for UK courts to follow Strasbourg; cannot interpret rights in more expansive manner than Strasbourg;

• Ensuring that UK courts can no longer alter legislation contrary to its ordinary meaning and constraining ability of UK courts to impose positive obligations on public services by restricting scope for judicial legislation;

• Onus on claimant to demonstrate a significant disadvantage before a human rights claim can be heard;

• The behaviour of a claimant to be a factor when making an award of damages

The President of the Law Society, Stephanie Boyce, responded critically to the announcement of the introduction of the Bill in June (her comments are accessible via the link below). In particular her criticisms include that:

• By requiring a claimant to demonstrate a significant disadvantage, this will create an acceptable class of human rights abuses in the United Kingdom, despite these being against the law;

• Overall the Bill will increase state power and damage the UK's reputation abroad.

A second reading of the Bill in Parliament has not yet been timetabled.

www.lawsociety.org.uk/topics/human-rights/bill-of-rightsis-a-lurch-backwards-for-british-justice

Public Order Bill (E&W)

The Public Order Bill has had its third reading in the House of Commons and is presently at the Committee Stage in the House of Lords, before the House of Lords issues a Report.

The Bill aims to introduce the following provisions:

• Establishing new criminal offences of locking-on and tunnelling, criminalising protest tactics of individuals attaching themselves to others, objects or buildings;

• Creating an offence for obstructions of major transport works, such as HS2;

• Creating new criminal offence of interfering with key national infrastructure, or delaying its operation;

• Extending stop and search powers for police to seize articles for protest-related offences;

• Introducing Serious Disruption Prevention Orders targeting protestors who are determined to repeatedly disrupt the public.

The Government cites public support for the new measures, in light of recent disruptions by organisations such as Just Stop Oil and Extinction Rebellion. Criticisms include that the measures are likely to contravene Article 10 ECHR (freedom of expression) and Article 11 ECHR (freedom of assembly and association), whereas Serious Disruption Prevention Orders create a protest "ban" for affected individuals.

Human rights reform - your views matter!

The CLS is now participating in a regular National Law Society Forum for Parliamentary Liaison Officers. This provides an opportunity for members of CLS to directly feedback to the Law Society Public Affairs and Campaigns Team on any legislative reforms which directly affect members or their clients. The Public Affairs and Campaigns Team regularly lobbies government and Parliament on legal reforms. This gives CLS members an opportunity to get their voices heard directly and for the CLS committee to support and communicate members' concerns. The next forum is scheduled to take place in February 2023. If you have any comments/observations please do not hesitate to contact the CLS Committee by email: admin@cambslaw.com or Chris.Thomas@appleyardlees.com

DIVERSITY MATTERS

NEW LAW SOCIETY PRESIDENT

APPOINTED IN ANOTHER SERIES OF FIRSTS

Scott Smith Senior Associate, Howes Percival LLP

Although the appointment of Lubna and her predecessor made history and visible progress towards equality, diversity and inclusion in the legal sector, both women recognise that there is much work still to be done.

n DRIVING FOR CHANGE

In Lubna’s address to the Law Society’s annual general meeting, she outlined the five main aims of her presidency, which included taking action to break down barriers that people face across society when trying to access the profession. She has been committed to promoting diversity within the profession and readers may remember her attendance at our jointly held roundtable discussion, social mobility in the profession, earlier in the year. Lubna herself was brought up in a working class household and spoke passionately at our roundtable about the importance of opening up routes into the profession for those from lower socio-economic backgrounds.

These words follow a similar message from I. Stephanie Boyce, who was also committed to improving equality, diversity and inclusion. She regularly spoke of the barriers she had to overcome to get into the law and has recalled in interview being told “you don’t look like a solicitor, you don’t sound like a solicitor” time and time again as she progressed in her career. Like Lubna, she saw equity, diversity and inclusion as a key focus for her presidency and was involved in the

Wednesday 12 October felt like a historic day for equality, diversity and inclusion in the legal profession as Lubna Shuja become the 178th president of the Law Society. Despite the long line of presidents before her, Lubna was the first ASIAN, first MUSLIM and only the 7th female president in the Law Society’s illustrious history. It is also the first time that there has been consecutive female presidents, following the end of I. Stephanie Boyce’s tenure (herself the first BLACK and sixth female president in almost 200 years).

government backed taskforce aimed at boosting socio-economic diversity at senior levels in UK professional services.

In an interview with the Law Society reflecting on her time as President, I. Stephanie highlighted the platform the role had given her to advocate for equity, diversity and inclusion and described her hopes that she can continue this work after her presidency.

n ROLE MODELS FOR THE PROFESSION

A focus on these issues at the very top of the Law Society, and making public commitments to advocacy and improvement are strong indicators of progress; however, the appointment of both women in and of itself is also having impact.

The importance and value of strong role models in the profession cannot be understated. The appointment of women like Lubna and I. Stephanie to high profile roles such as Law Society President has real impact on junior lawyers of MUSLIM faith, BLACK or ASIAN heritage and from working class backgrounds. It sends a powerful message to all those looking on that it is possible to make it to the top of your profession, irrespective of your socioeconomic background, faith or ethnicity.

n BRINGING THE PROGRESS TO CAMBRIDGESHIRE

Here at Cambridgeshire Law Society, we are proud of the work carried out to date but share the Law Society

President’s ambitions to do more. We hope to build on the momentum achieved at The Law Society, and are looking forward to working with Lubna and her team over the coming year to deliver more events, roundtables and discussions on these topics.

We also hope to launch a Cambridgeshire Law Society Diversity Network in 2023, so look out for an invite to our welcome event in the coming months. The new network will aim to connect our female, LGBTQ+, ethnic minority and disabled members and their allies, amplify visibility within the region and provide a safe space for support between like-minded members. Our hope is that junior members will also find local role models and mentors to build on the visibility at the top of the Law Society and see that the profession can be for people like them.

If you would like to get involved with our Diversity Matters initiative or our new network or if you have a story or opinion to share about your experience of EDI within the Cambridgeshire legal community please get in touch with Scott Smith our EDI officer (scott.smith@howespercival. com) or Penelope Harrington our administrator (admin@ cambslaw.com)!

Melissa Barker PR Manager, Cambridgeshire Young Professionals Division

It has been wonderful to see so many professional peers at our events in person this year after so long spent goggle-eyed on screens.

will send out dates in the New Year once we have agreed these so you can provisionally put them in your diaries. We look forward to seeing you in 2023.

Illingworth

Publicity Representative

The Cambridgeshire Junior Lawyers Division rounded off the year with a charity Christmas dinner in aid of the Cambridge Rape Crisis Centre. Held at Stolen and Liquor Loft, the dinner was a big success with plenty of holiday cheer, a 3 course meal and lots of screaming at Alexa for festive tunes…

Thank you very much to everyone who has attended our events this year; it has been great to see some more (familiar and new!) faces in person after Covid. We hope that you have enjoyed our events, from escape rooms to bowling, punting, pizza in the park

and the summer ball with CYPG. Thank you also to our amazing sponsor, Errington Legal, whose support is much appreciated. We are excited to be announcing a new CJLD committee in 2023; you can stay tuned for an announcement of the new committee on our website at www.cambsjld.org/

Thank you also to our amazing sponsor, Errington Legal, whose support is much appreciated.

Alexandra

THAT LIFE CAN BE CYCLICAL…

In 1990 and feeling ready to resume some studying after a “year out”, I returned to Reading to begin a degree in history. Whilst again being something of a new world, this time I had the advantage of being very familiar with the terrain, pre-school age I had attended the nursery school on the edge of the university campus!

My interest in law began during my three year degree; I shared a terraced house with two prospective lawyers. Whilst I very much enjoyed my own studies, the technical nature of the law interested me. With thoughts ignited about what I might do as a career, I applied for a place on a law conversion course in Nottingham, a city where my mother and my sister had studied.

with the opportunity to negotiate appealed to me. Over the subsequent eight years I was able to develop the depth and breadth of my experience, in the legal field and on the cricket field!

In early 2006 I left Cambridge to take up a new role as an associate solicitor with a firm based in Ipswich. My role also enabled me to spend some time in Chelmsford and with the benefit of the experience that I had gained over the past ten years or so, I became a partner. It was also around this time that I found a real interest (perhaps inherited from my father) in new opportunities and ventures; in building teams and mentoring.

Indulging in a little history of my early life…….I was born in Reading and enjoyed thirteen very happy years before moving to Cambridge in 1984. At that time, the distance between Reading and Cambridge seemed far more than the actual ninety miles. Leaving friends behind (long before mobile phones) and making new friendships was a little daunting but an experience that undoubtedly helped me in later life.

During these two years in Nottingham and again sharing a house with other prospective lawyers, I thought I better follow the example of my contemporaries and apply for a training contract. I remember handwriting many application letters, trying to make each one as neat and perfect as it could be. I applied to a number of firms in various different locations throughout the country, I recall being very nervous before interviews in Lincoln and Derby. Around April 1995 I was accepted for a training contract back in Cambridge and started my first full-time job.

I enjoyed a number of varied training seats. My first seat was in commercial property and from there I moved to a seat in the corporate team and later, the personal injury team. I also spent a number of months on secondment at the National Farmers Union offices in Newmarket. In tandem with the legal training I was fortunate to make lifelong friends; colleagues and contemporaries at other firms in Cambridge. At the end of my training contract (in September 1997) I qualified into the commercial property team under the team leadership of Steven Beach, the structured nature of property combined

In 2007 I changed roles again and after spending some time in Norwich, I returned to Cambridge in 2008 to help set up a new office. Despite the economic instability we built an office and teams across the legal disciplines. Again, I was able to call upon my knowledge of the city and the kind support of colleagues, contemporaries and friends.

In January 2015 I returned to Reading (no……that’s artistic licence!), I joined Howes Percival and helped the firm to open a new office in Cambridge. Our initial offering was focused around property development provided by a core team of experienced lawyers. In autumn 2015 and perhaps by another twist of fate, I was joined by a number of colleagues from my early career some 27 years ago including Steven. After seven years of growth, we have developed into a full service office.

So…..what have I learnt over the 38 years since that initial move to Cambridge in 1984? Perhaps that opportunity and chance have made significant contributions to where I am today and what I do day to day during my working week. I know that the geographical moves and, indeed, my initial move into the law were not part of any grand masterplan.

WHAT I WISH I HAD KNOWN

–

We caught up with Jonathan

Greenhalgh, Partner Howes Percival LLP

Whilst I very much enjoyed my own studies, the technical nature of the law interested me

THE MAGIC BEYOND THE CIRCLE

Andrew Lika Trainee Solicitor Vardags

We were honoured to have had on our panel Charlotte Vallins, Partner at Ashtons Legal specialising in Commercial Property; Anne Hogarth, Barrister at Fenners Chambers specialising in Crime, Family, and Property law; Kate Harris, Legal Director at Birketts LLP specialising in Contentious Trusts and Probate and Christina Hale, Senior Associate at FM Family Law specialising in Divorce and Family Law.

Many themes were explored during the evening, including the greater client contact lawyers felt in the regions from an early stage of their careers compared to in London; a collegiate feel in regional firms, surrounded by supportive colleagues who make you feel like a person, not simply a number; the flexibility and autonomy one can feel in a regional firm, which contributes to a positive work/life balance; better quality, more varied work in the regions with greater responsibility in cases earlier on in one’s career.

Charlotte Vallins spoke to the level of interaction with clients, which she described as fantastic. In London, juniors are often kept hidden behind the scenes, but in the regions she has experienced, and witnessed juniors having, the chance to communicate with clients, as well as with colleagues, at every level.

Anne Hogarth enjoyed the variation in her work, with Fenners being one of a few common law chambers left in the country, meaning they practise a wide variety of areas of law. While she represented someone who had walked into a tree a couple of months ago, this week she had been representing local authorities in care and placement orders. Her experience of Fenners was that she could talk to just about

anyone. Whenever she needed help, she knew she would have somebody to turn to.

Kate Harris, like the rest of our panel, did not study law at university; but she loved the GDL and was taken in by the law shortly thereafter. The flexibility of working in the regions has allowed her to thrive in her career, while looking after two children, two horses, and a cat. Kate made it clear that in the regions you are not just a number; trainees are given good quality work from an early stage. It was also crucial that you are part of a community –in Cambridge, you can engage with the Cambridgeshire Law Society, you network with Cambridge lawyers, and you feel a part of something bigger than yourself.

Christina Hale loves being able to build a deeper connection of trust and confidence with her clients, which she considers to be especially important when dealing with families in their time of need. The autonomy over her working hours in a regional firm helps her to care for her own family, as a single mother of two children. Being a part of a regional firm has also allowed

her to become part of the recruitment process and business development side of a law firm – something which makes Christina feel like an important and integral part of her firm.

The panel event was followed by networking with students meeting our panel and juniors from regional firms. We hope that the event was enlightening to students, and we look forward to arranging more outreach events with our partner universities in the New Year.

On 23rd November Cambridgeshire Law Society was delighted to host an event at the

University

of Cambridge Law Faculty to help show students what a career in law outside of London looks like.

THE PANEL

CHRISTINA HALE

KATE HARRIS

ANNE HOGARTH

CHARLOTTE VALLINS

Many themes were explored during the evening, including the greater client contact lawyers felt in the regions from an early stage of their careers compared to in London;

MARTIN KEMP - OBITUARY

Martin was a well-known and well-regarded solicitor working in practice with Few & Kester from 1983 (latterly Kester Cunningham John) until retirement in 2005. He was also a lawyer with a considerable hinterland and a belief in access to justice for all.

Having read law at St John’s College, Cambridge, Martin qualified in a London firm and later worked for a Westminster firm before in 1983 joining prominent Cambridge firm Few & Kester as a litigation solicitor and becoming a partner shortly thereafter. He became senior partner in 1999 and held that position until Few & Kester merged with Cunningham John in 2004. He retired from the partnership in 2005. At Few & Kester, Martin developed a reputation for handling high value or complex cases. He was particularly interested in copyright and cases involving the arts and music industries. His general approach to resolving disputes was to avoid unnecessary conflict and seek compromise, where that was possible. He was particularly interested in avoiding parties having to go to court to resolve their disputes and was an advocate of mediation as a dispute resolution mechanism.

He was passionate about the law as a means of improving society and therefore worked to improve access to justice for women, immigrants and people with limited means. For example, he worked with Chiswick Women’s Aid and the Inter-Action Advisory Service as well as co-authoring the report Battered Women and the Law (1975). In professional practice, he took on legal aid work and pro bono work, because he believed strongly in the need for access to the law for everyone.

Martin was an accomplished musician, who played (amongst other instruments) the clarinet and saxophone to a high standard. He played with the Cambridge Philharmonic, the Cambridge Orchestra, the City of Cambridge Symphony Orchestra, the Ely Sinfonia and others. He also wrote a vast array of musical arrangements from early to classical music, jazz and swing. Perhaps more significantly and importantly, Martin developed a love for music in many others

from all walks of life and at all ages, but especially the young. Of particular note was his work with Cambridgeshire County Council, the National Youth Jazz Collective, the National Association of Youth orchestras as well as local schools and colleges including Parkside Community College and Comberton Village College.

In retirement, Martin continued to use his skills for the benefit of the local community in the resolution of disputes, but had more time to enjoy his other interests including history, literature, food and wine, hill walking in the Lake District among many others. What Martin understood more than most is that lawyers are privileged members of society and have an obligation to improve their communities and the lives of those around them.

CAMBRIDGESHIRE LAW SOCIETY

LEGAL EXCELLENCE AWARDS 2023

INDIVIDUAL AWARDS

★

Trainee of the

Year*

• Nominations can be self-submitted or made on behalf of the nominee.

• How have you demonstrated technical legal excellence either in developing your skills or on a client matter?

• How have you demonstrated your team-working skills (this may include supporting your team)?

• How have you exceeded your supervisor’s expectations?

• Have you participated in or undertaken any work or roles (outside of your day to day role) that make you a more well-rounded trainee?

* “Trainee” is defined as being a pupil barrister, trainee costs lawyer, trainee legal executive, paralegal, trainee patent or trade mark attorney, or trainee solicitor.

★ Rising Star (<10 years PQE)†

• Nominations can be self-submitted or made on behalf of the nominee.

• How have you handled a specific matter and why was it of major importance to your client or firm?

• How have you demonstrated technical legal excellence?

• How have you demonstrated your leadership qualities in supporting or supervising more junior colleagues (including trainees)?

• How have you contributed to your employer’s or team’s performance both financial and otherwise?

• How have you demonstrated commercial awareness?

• Have you done anything to contribute to your firm on wider level? This may include (but is not limited to) commitment to equality, diversity and inclusion, progressing your firm’s culture or values, and external roles you undertake alongside your main role.

★ Senior Lawyer (>10 years PQE)†

• Nominations can be self-submitted or made on behalf of the nominee.

• How have you made a significant contribution to the development of your business (business may include the promotion of your practice area, team, or firm)?

• How have you demonstrated technical legal excellence?

• How have you contributed to the leadership of your firm, including the leadership of teams, supervision of your team and/or of junior colleagues?

• How have you pro-actively developed the business both financial and otherwise?

• Have you done anything to contribute to your firm on wider level? This may include (but is not limited to) commitment to equality, diversity and inclusion, progressing your firm’s culture or values, and external roles you undertake alongside your main role.

† “Lawyer” is defined as being a qualified barrister, costs lawyer, legal executive, patent attorney, trade mark attorney or solicitor.

★

Outstanding Support Staff Member (Legal and Business Support Services)*

• Nominations can be self-submitted or made on behalf of the nominee.

• How have you provided support services in a way that has made an outstanding contribution to your team, department or firm?

• Explain why you or the nominee deserves recognition by reference to work ethic, values, practice/work management, assisting fee earners (for example), contributing to the wider team, department or firm.

*Legal and Business Support services explicitly does not cover fee earners (whether solicitors, barristers, legal executives, paralegals, trainee solicitors, trainee attorney or equivalent).

★ Lifetime Achievement†

• Nominate a lawyer who has made an outstanding contribution to the legal profession in Cambridgeshire during their career.

• Explain why the nominee deserves this recognition by reference

to legal excellence, practice management, values and ethical standards, contributions to the wider community and being an inspiration to younger lawyers (including any contributions such as supervision or mentoring).

† “Lawyer” is defined as being a qualified barrister, costs lawyer, legal executive, patent attorney, trade mark attorney or solicitor.

★ EDI Ambassador

• Nominations can be self-submitted or made on behalf of the nominee.

• The nominee for this award may be an individual (whether fee earner, support staff or business support staff) or team. Teams are not limited to practice area type teams but extends to business services teams within firms or organisations that may include, but is not limited to, human resources, marketing, and business development. Any pastoral support roles or teams are also welcome to apply.

• How have you demonstrated commitment to promoting and encouraging equality, diversity and inclusion within your firm or organisation or within the wider legal sector?

• What strategies and initiatives have you implemented to ensure EDI is actively part of your firm’s culture or values? (This should be more than implementing a top-level EDI policy)

• What have you done to overcome any barriers to equality, diversity and inclusion that you have experienced personally/ within your team that you are otherwise aware of or are mindful to address?

TEAM AWARDS

★ Property Team of the Year*

• With reference to a specific client matter, explain how your team has made a significant contribution to your firm.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

• Have you demonstrated excellence in the face of particular circumstances of the past year, including (but not limited to), the stamp duty holiday, for example?

*”Property Team” may mean a residential property team, commercial property team, teams that undertake a mixture of property work, and specialist teams that work under the umbrella of “property” including but not limited to, SIPP teams, plot sales/development etc.

★ Business Law Team of the Year*

• With reference to a specific client matter, explain how your team has made a significant contribution to your firm.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

• How have you demonstrated excellence in the recovery of business transactions in light of Covid-19?

*”Business Law Team” includes separate teams in either corporate, commercial or banking, and teams that undertake a mixture of work within these departments. Teams can either be specialist firms dealing in one or more of the business law areas above, or teams at larger firms.

★ Private Client Services Team of the Year*

• With reference to a specific client matter, explain how your team has made a significant contribution to your firm.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

• How have you demonstrated excellence in the past year?

*”Private client services” includes separate teams in either private client advisory or family law teams (including for specialist firms), teams that undertake a mixture of private client services work and/or those that fall within private client services in their firm’s group divisions.

CAMBRIDGESHIRE LAW SOCIETY

LEGAL EXCELLENCE AWARDS 2023

★ In-House Team of the Year

• With reference to a specific project, explain how your team has made a significant contribution to your business.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

• How have you demonstrated excellence in the past year?

★ Litigation Team of the Year

• This category is open to any litigation or dispute resolution teams, whether they undertake general commercial litigation work, for example, or undertake specialist work. For example, this may include (but is not limited to), injury litigation, commercial litigation, construction, contentious trusts and probate, public sector and regulatory work.

• With reference to a specific client matter, explain how your team has made a significant contribution to your firm.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

★ Intellectual Property / IT Law Team of the Year*

• With reference to a specific client matter, explain how your team has made a significant contribution to your business.

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth?

• How have you demonstrated excellence in the past year?

*Intellectual Property / IT (Legal) teams include specialist trade mark and/or patent attorney teams at individual firms, or as part of a larger firm. This also extends to intellectual property teams that may cover contentious and/or transactional work standalone or crossdivision in their firms. IT specifically relates to IT contract work (including disputes) and is not intended to mean internal IT support.

★

Criminal Law Team of the Year

• With reference to a specific client matter, explain how your team has made a significant contribution (to your firm where appropriate).

• How has your team demonstrated technical legal excellence?

• How has your team provided excellent client service in everything you do?

• How has your team achieve profitable growth (where relevant)?

• How have you demonstrated excellent in the past year?

FIRM AWARDS

★ Firm of the Year#

• What has set your firm apart from competitors as an excellent legal business? Have you taken any particular steps or implemented any strategies that have enabled your firm to thrive in the period post-Covid?

• Explain how your firm has achieved sustainable profitable growth.

• Identify the most important factor in your firm’s success

• How has your firm promoted or encouraged equality, diversity and inclusion? This should be more than implementing a top-level EDI policy. Have you introduced any measures to address matters which can assist in reducing or preventing difficulties individuals may experience, that contributes to the importance of EDI in your firm?

• How has your firm committed to and recognised the value of its employees, including any measures/actions to ensure employee wellbeing and support across all divisions (whether they are fee earning staff or not)?

# “Firm” is defined as including: barristers’ chambers, firm of costs lawyers, firm of legal executives, firm of patent and/or trade mark attorneys, or solicitors’ firm.

RULES & PROCESS

Entries Now Open

Entries to the Annual Legal Excellence Awards are now open.

We will email entry forms to all members of CLS, which are available on request from: admin@cambslaw.com.

For individual and team awards, your entry must not exceed 600 words. For firm awards, your entry must not exceed 600 words.

The deadline for entries is 5pm on Friday 17th February 2023. Please submit your entry by email to: admin@cambslaw.com

Who can apply?

Entries are open to all lawyers including Solicitors, Patent and Trade Mark Attorneys, Barristers, Legal Executives, Licensed Conveyancers, Paralegals, and trainees as well as teams located in an office within Cambridgeshire. You may nominate yourself, a colleague, or a team. For the Lifetime Achievement Award, please nominate a senior lawyer deserving of this accolade.

Awards Criteria

The criteria for each award are set out against each award, but please note that for team and firm awards the judging panel will take account of the relative sizes of the entrants in determining the winner. Please note that the awards relate to work conducted within the area covered by the Cambridgeshire Law Society.

Qualifying Period

All entries must relate to the period from 1st January 2022 to 31st December 2022.

Judging Process

A panel of judges made up of professionals and business leaders will assess all the entries.

Winners

The winners of each Award will be announced at the Legal Excellence Award ceremony on Friday 21st April 2023.

Good luck to all entrants!

Relationships remain key in the age of technology

Personal relationships are still the heartbeat of business success, despite the increasing use of technology. Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations.

In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote

If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own.

Business relationships then are as much about understanding the challenges we all face in our daily encounters.

The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business.

Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too! With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.

The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch.

Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.

I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).

In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship. Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It's about trusting that the job is going to get done right, first time.

The challenge when introducing technology is that you take a step back from that personal touch. You risk losing the experience and expertise provided by the people when you are over-reliant on the technology. At Geodesys we have people who have been with us since the start, 25 years (and counting!), no amount of technology will replace their understanding and expertise. They are an integral part of our account management and customer service offering. They know the search industry inside out. The key is getting the right combination of technology and people.

Going back to Dale Carnegie’s quote; the organisations who can empathise with the clients, and understand how to respond, will be the best at winning friends and influencing others.

Kay Toon is an Account Manager at Geodesys

Ensure your expert has the necessary expertise for the case

The recent judgement by Mr Justice Turner in Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) is a stark reminder to Instructing Parties of why you should always ensure the Expert Witness you appoint has the correct expertise for the case.

In this case, the claimant asserted that straw bales which had been used as a race track barrier should not have been removed and replaced with tyre barriers.

The judgment reads:

26. Mr Parrish gave evidence on behalf of the claimant. He described himself as a “rider, driver, team manager, owner and commentator in many fields of motor sport”.

27. Mr Jowitt gave evidence on behalf of the defendant. He is a qualified engineer with experience in accident reconstruction and the examination of safety fence systems following collisions.

28. Unhappily, Mr Parrish cut a rather sorry figure in the witness box. Quite simply, he lacked the necessary expertise to substantiate and justify his conclusions. It thus came as no surprise to me that the claimant’s written closing submissions placed no specific reliance upon any part of his evidence

29. At the centre of the claimant’s case, as originally framed, was the assertion that the straw bales should never have

been removed because they were safer than tyre barriers. However, I am sorry to say that, Mr Parrish’s evidence to this effect was entirely devoid of scientific foundation or logical analysis.

30. Mr Jowitt, in contrast, performed laboratory tests which demonstrated that straw bales are significantly stiffer than a tyre wall. Accordingly, in this regard, the deployment of straw bales would have made the barrier generally less rather than more safe. Mr Parrish was simply unable to counter these findings having carried out no tests of his own.

In short, make sure your Expert Witness has the right expertise for the case and also make sure they have had training in being an Expert Witness so they truly understand their duty to the Court.

Need to find trained and vetted Expert Witnesses – why not use our Find an Expert Directory?

Winter is Here

Throughout the UK Able Community Care will be supporting older and disabled people through all kinds of weather.

Supporting with Live-in Carers who offer domestic support, personal care support and companionship.

Able Community Care was established in 1980 and has enabled thousands of people, throughout the UK, to remain living in their own home throughout every season.

Can we help someone you know?

Call 01603 764567 for our Live-in Care brochure or email to info@ablecommunitycare.com www.ablecommunitycare.com

Live-in Care

Because the choice to stay in your own home with your own front door is priceless.

For a free brochure on any of our professional care services call us today on 01603 764567 www.ablecommunitycare.com info@ablecommunitycare.com

HOW WILL THE COST-OF-LIVING IMPACT GIFTS IN WILLS?

Today, almost six in ten (59%)1 people in the UK feel their finances are worsening, one in four households

bills2

The irony of this is of course that, as people struggle to heat their homes, pay the rent and put food on the table, demand for charitable services becomes all the more urgent. We’re now at the point where 9 out of 10 food banks fear they won’t be able to meet the public's needs and reduced funding means services may well face cuts or even closures, whether that means fewer people to field calls to mental health support lines, cutbacks on sports facilities or community outreach services and all manner of charitable services.

In this environment, income from charitable legacies is vital, strengthening charities’ resilience for the years to come. Gifts in Wills now raise £3.5 billion for good causes annually and, for many, that income has become the defining factor as to whether organisations can keep their doors open, whether they can pivot to deliver services in new ways and – in some cases – even to enhance their support for those in need.

What’s more, in a challenging economic world, gifts in Wills – which won’t leave a donor’s bank account until after the donor has passed on – can be not only a deeply symbolic and meaningful decision, but an attractive and practical offering. And this is where legal professionals are playing an increasingly important role.

Role of solicitors and Will writers

Our tracking study indicates that one in five Wills handled by UK legal advisers (22%) now include a donation to charity.5 The public is twice as likely to make a gift when a professional adviser references the charitable option. And solicitors and Will-writers alike are seeing growing demand for end-of-life planning that reflects people’s deep connections with good causes.

lucinda frostick

inevitably,

Again, donors often hear about the potential tax break on legacy gifts from legal advisers explaining that such donations are exempt from Inheritance Tax, and that, if they choose to give 10% or more, the remaining IHT bill is reduced further still - charged at 36% rather than 40%. Supporters are unlikely to make fiscal savings that exceed the cost of their donation, but for those who wish to support good causes, that reduction can be a strong incentive. Although there are multiple avenues for will-writing, the impartiality and ability of solicitors to offer experienced and tailored advice to clients is all the more valued when it comes to making informed decisions about people’s inheritance and how good causes can benefit.

Free campaign supporter scheme for legal advisers

Through our Campaign Supporter scheme, which includes some 800 Will writers and solicitors who commit to making relevant clients aware of the option of leaving a charitable gift in their Will, we see growing demand for legacy giving. And the impact of that shift is considerable. If each of those advisers were to have even just one conversation next year leading to a gift in a Will, this would likely raise around £4 million for good causes. And when those conversations are happening daily, imagine what a difference this could make.

While charitable Wills were once perceived to be the domain of those who are child-free, there is far greater awareness now that people of all backgrounds – those with family and without – often feel a strong desire to leave the world a better place. Gifts in Wills can be a fantastic way of shaping the world they leave behind for future generations. And when it comes with such a generous tax benefit, this is a welcome bonus.

Remember A Charity runs a free Campaign Supporter scheme for solicitors and Will-writers, providing promotional resources and guidance for referencing legacy giving with clients.

Find out more at www.rememberacharity.org.uk/solicitor

Lucinda Frostick

Director of Remember A Charity

are struggling to pay the

and,

this means that many people are having to hold off from donating to good causes3

In this environment, income from charitable legacies is vital, strengthening charities’ resilience for the years to come.

NEW SRA-RUN INDEMNITY SCHEME PUTS CONSUMERS FIRST

The Solicitors Regulation Authority’s (SRA) proposals for a new post six year run-off cover (PSYROC) scheme should secure long-term consumer protection, the Law Society of England and Wales said today in response to a consumerfocused consultation.

Law Society President Lubna Shuja said: “These proposals will enable consumers to claim compensation if there is a rare occasion when something goes wrong many years after a solicitor has provided legal advice.

“People go to solicitors for support and advice during significant events in their lives – the death or injury of a loved one, family breakdown, a house purchase or estate planning.

“They do so, rightly confident that solicitors are highly qualified and regulated. Consumers trust their solicitor

is adequately and appropriately insured, and that they would be compensated in the unlikely event that late-arising negligence were to be identified.

“Any new supplementary run-off cover arrangement must meet three key principles.

"First, any new arrangement should continue to run as an indemnity scheme, which could be funded on an ongoing basis through a mandatory levy on firms.

“Expert analysis carried out on behalf of the SRA suggests that this should cost less than £240 per firm per year, which is unlikely to affect the price of legal services for consumers.

“Second, any residual funds from the Solicitors Indemnity Fund (SIF) should be ring-fenced for the specific purpose of dealing with PSYROC claims, for the

benefit of consumers and solicitors.

“Third, any new arrangement should provide the same scope of indemnity cover that is currently provided by SIF.

“We believe the proposals set out by the SRA for a new PSYROC scheme, operating under their direct control, could meet these requirements and if that is achieved, we support the SRA’s proposed approach.

“We look forward to working constructively with the SRA on the future of this important consumer protection.

“We expect further explanation of the basis on which the new scheme will operate to be included in the SRA’s rule change application to the Legal Services Board, which will be the next major step towards ensuring the new arrangements are in place by 1 October 2023.”

MEN’S MENTAL HEALTH IN THE LEGAL PROFESSION

Elizabeth Rimmer CEO of LawCare

LawCare is the mental wellbeing charity for the legal profession. We recently identified that a significant majority (approximately 65%) of the people using our support services were female, with only 35% being male. This prompted us to ask why male legal professionals aren't talking to us about their mental health.

We

organised an all-male focus group to better understand why men in law don’t speak up about their mental health, here is what we found:

Wanting to be strong and perfect

There is a challenge of being both a man and a lawyer. As men, there is still a palpable expectation that they should be strong, not display vulnerability, and be able to shoulder the burden of personal problems by themselves.

In addition, working as a lawyer adds further pressure to this sense of needing to appear perfect to the outside world –the perception that lawyers need to have all the answers. This perception, combined with the expectations men experience, can make it very difficult to reach out for help.

One member of the focus group suggested that we need to redefine what ‘manliness’ requires. It shouldn’t be about downing seven shots of whiskey to prove how much of a man you are or working yourself towards a state of burnout.

Working long hours

There was a consensus that lawyers tend to take on more work than they have time for – leaving many of them feeling overstretched most of the time. Lawyers consistently work long hours to demonstrate their commitment to the profession or their organisation. This culture can amplify the issues that men face when it comes to talking about their mental health.

Uncertainty about opening up

Men can also be uncertain about opening up about a mental health issue at work, or even acknowledging to themselves that they have an issue.

Men in the legal profession, at all stages in their careers, may worry that seeking help will negatively impact their career and affect their family’s welfare. They might worry about whether ‘the whole thing is going to crumble’; or if they (and/or their career) fall apart, what will happen to their family and who will support them?

Emotional competence

Another barrier that can prevent men from reaching out for help is that some men don’t have the emotional vocabulary to understand or express their experiences effectively. One focus group member reflected on the fact that he had spent most of his life telling people what he thought, but very much struggled to talk about how he felt.

Finding support

Many men don’t know where to go to seek support, particularly if they don’t want to talk about their mental health at work. They may find it difficult to talk to their family, partner or colleagues or access formal support that may be offered in the workplace.  They can find it hard to let their guard down and be honest about how they are feeling but ignoring problems and burying yourself in work just to get through it can be counterproductive and lead to burnout and exhaustion.

You can contact LawCare about anything that is concerning you. Our support is free and confidential, and you don’t have to give your name. We have 25 years of experience in supporting the legal community and everyone who provides support has worked in the law; we really do understand life in the law and all its challenges.

Contact LawCare on 0800 279 6888, email support@lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk.

You can also read the Men’s mental health in the legal profession report

An Introduction to Finders International

Finders International is a professional probate genealogy company, established in 1997 by Managing Director Danny Curran and is now one of the world’s largest firms in our field. We are best known for tracing missing heirs and identifying lawful and entitled next of kin, having worked extensively with lawyers, probate practitioners, banks, deputyship teams, trust companies and state trustees.

Finders have offices in London, Edinburgh, Dublin and Sydney and over 150 personnel, enabling us to complete searches quickly across multiple jurisdictions. When complex estates need to be dealt with, we have a proven track record of tracing beneficiaries globally.

We support the legal profession and know our research forms part of a serious legal process that reflects on your firm. Therefore, we will work efficiently and in the best interests of your company, the personal representatives, and beneficiaries at all times.

WE DO MORE THAN TRACE HEIRS

We are aware of the need to support the services of sole practitioners when dealing with Estate administration matters. In addition to tracing missing heirs or Executors, we can assist with a range of legal support services; searching for missing Estate assets, obtaining missing documents, carrying out overseas bankruptcy searches, and conducting thorough insurance-backed Missing Will Searches, as well as a range of probate property solutions, and offering insurances to enable safe distribution of funds.

ESTATES WITH AN INTERNATIONAL ELEMENT

We are here to provide consultative and practical support to practitioners and estate administrators with the liquidation, disposal and return of a variety of assets located overseas.

We have a range of International Asset Services to assist with complex multijurisdictional estate matters, offering Medallion Signature Guarantees, the sale and transfer of overseas stock, closure of overseas bank accounts and

obtaining overseas Grants of Probate. These specialist services are designed to assist sole practitioners with overseas estate elements they may not encounter on a regular basis.

UK Estates are much more likely to contain at least one overseas asset these days. From a bank account opened in Australia for work, to a holiday home purchased while on holiday in Spain, to tax planning investment accounts opened in the USA and offshore in places like the Isle of Man and Jersey, to accounts in Ireland or beyond, to shares that, due to corporate action, have ended up listed in all sorts of places worldwide – it’s quite possible that an estate may feature one or more of these scenarios. What unites them is that they’re often surprisingly timeconsuming and challenging to deal with – whether that involves closing an account, liquidating a portfolio or selling an individual shareholding. Numerous legal and bureaucratic obstacles spring up which must be navigated before the value can be restored to the estate in the UK. The sheer variety of scenarios is something that an estate practitioner may not have encountered often, or at all. Another scenario is that you may be pressed for time and anxious to progress multiple aspects of the estate administration at once. That is where Finders’ International Asset Service comes in.

We apply a practical, problem-solving approach to a range of asset services, helping to sell, transfer or recover a range of overseas assets including shares, bank accounts, and investment portfolios, assisting estates with the necessary administrative and legal paperwork. With a combination of specialist knowledge, contacts, and experience, Finders will get the job done.

OUR CREDENTIALS – A TRIED AND TRUSTED FIRM

Reputation is critical in the probate world, and we will safeguard yours as closely as our own.

We are founder members of the International Association of Professional Probate Researchers www.iappr.org, which provides regulation, a Code of Conduct and a complaints procedure for a network of elite international companies. The IAPPR is one of many respected and recognised organisations we have chosen to belong to, or qualified as members of, to complete an impressive list of accreditations. In an unregulated industry, Finders International is a name to trust.

For 4 years running, we have been awarded ‘Best UK Probate Research Firm’ at the UK Probate Research Awards and won the same award at the 2020 British Wills and Probate Awards.

Our Managing Director, Danny Curran, is known as the industry spokesman with over 100 media contributions. From Forbes Magazine, The Times, and all the UK nationals, to appearances on ITV’s This Morning and numerous Radio interviews, positively promoting the probate research profession.

We also complete hundreds of pro-bono cases every year, helping with stories of reunions of family separated by war or forced adoption and reuniting people with family heirlooms such as their ancestors lost war medals or long-lost books

For free advice or a no obligation quote, contact us today: phone-square +44 (0)20 7490 4935 envelope quotes@findersinternational.co.uk www.findersinternational.co.uk