Council Members 2024
President Kirsty Richards of National Legal Service (Family Lawyer)
Vice President
Massimo Trebar of Lawtons (Criminal Lawyer)
Hon Secretary and Treasurer Judith Gower
Immediate Past President
Diana Kirsch
University of Hertfordshire (Hatfield)
Members
Steve Hamilton
Taylor Walton LLP (Harpenden)
Private Client
Marilyn Bell SA Law (St Albans) Family
Paul Davies
Hamilton Davies (Stevenage) Employment, Family and Litigation
Tahir Nisar Whiskers
Michael Scutt Crane & Staples, Employment and Dispute Resolution
Claire Sharp Debenhams Ottaway (St Albans) Private Client
Penny Carey (University of Hertfordshire)
(From January 2024 until 31 December 2024)
Neil Johnson Gisby Harrison Suna Duzgan National Legal Service
Alexander McDowall Hertfordshire County Council
Nicola Smyrl of Taylor Walton (Luton and an Employment Lawyer)
Laura Woolard of Taylor Walton (St Albans and a Family Lawyer)
National Council Member
Josephine Duchenne
National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)
The Law Society
Relationship Manager – East Jack Dunkley
Parliamentary Liaison Officer Judith Gower
From the President...
Following on from my last report, there have been a lot of events taking place and I had set myself three objectives for my term as President (1) to increase membership numbers (2) to increase engagement and (3) spread awareness of domestic abuse (which was the focus of my headline and keynote speeches at our Annual Dinner and Awards on 7.6.24). Whenever I have attended events I have taken to LinkedIn to showcase our representation at such events, and to hopefully gain more followers and give more insight to our local firms as to what membership of a local law society can offer.
I am therefore really pleased to receive updated membership figures from Hon Secretary and Treasurer, J udith Gower confirming that in September 2023 our membership numbers stood at 332 and as of October 2024 our members have increased to 446
An overview of some of the events are set out below.
On 19.7.24 I attended Taylor Walton solicitors to hand over the remaining prizes from our HLS Annual Dinner and Awards. The prizes were for Alisha Afzal, a joint winner of the
highest SQE marks and there were strong impressions on LinkedIn for the posts that both Alisha and I published.
We had a very successful FDAC training session (a collaboration between National Legal Service “NLS” and HLS), with a very high turn out. That event was held on 23.7.24 and there were social media discussions about the event on LinkedIn and Instagram which was great to see.
HLS also offered support for the BBH summer BBQ which was an event specifically for young accountants and young lawyers, to bring them together and give them an opportunity to network with senior members of the two
professions. That event was held on 25.7.24 and was attended by some of the Hertfordshire Junior Lawyers Division, including Kiera O’Connor and again, some great posts on social media on LinkedIn and social media.
As expected, things were a bit quieter over August with summer holiday season.
On 4.9.24 there was a free seminar hosted by Garden Court Chambers on Trauma informed practice in Family law. It was a hybrid event and I hope that some of our members were able to join the event (I know that some of the family team from NLS attended and said the event was very insightful).
On 12.9.24 I attended Chancery Lane for the Legal Heroes Award ceremony. I was extremely honored to have been shortlisted to one of 19 out of nearly 500 nominations nationwide. Whilst I did not take away one of the star awards, I was presented with a certificate acknowledging my shortlisting and I was very happy to see our very own Josephine Duchenne at the event – to whom I am so grateful for her support.
And if you missed the selfie posted by Nick Emmerson – current President of the National Law Society at Chancery Lane, here it is:
And if you missed the selfie posted by Nick Emmerson – current President of the National Law Society at Chancery Lane, here it is:
On 20.9.24 I was fortunate to be invited as a top table guest to the Northamptonshire Law Society Awards and Dinner, which again saw a plethora of social media posts and raised good sums for the President’s chosen charity that event (their Heads & Tails game saw 5 heads called in a row which led to some cries of it being a magic coin – all in good humour).
Most recently, I was invited to attend the Surrey Law Society Annual Awards and Dinner on 3.10.24 and it was an event that saw a really significant turnout of over 250 guests (and as I understand it their awards have been running for a few years ahead of ours so they had 15 different categories!)
Upcoming dates:
On 17.10.24 I will be attending the local law society’s autumn luncheon which was a great event in Spring and is a fantastic opportunity to meet representatives from other local law societies.
I have been invited to the High Sheriff’s Justice Parade in November 2024 which is being held at St Albans Cathedral and I very much look forward to that.
Other points to note:
We have shared to our social media pages and on our website the Herts LFJB duty solicitor scheme to be launched in Hertfordshire (Watford Court), led by Rebecca Delaney and Attia Hussain. There was an initial deadline for consultation responses by 30.9.24 although I understand that may have been extended slightly to ensure full engagement in the process.
With increased members and what
Hooman Butlers!
My hooman father has been ill so I have been looking after him. They are sleeping in different rooms as both butlers are coughing at different times. I can cope with my hooman mother because she coughs a lot but my hooman father makes such a fuss. I have been trying to cheer him up my bringing him extra vitamin M but he doesn’t appreciate my offerings. Mice always make my fur softer.
When I honour my hooman mother by lying on her I do like her to have a cashmere blanket over her so I can lie there comfortably. Only the best for me.
They have told me that they are not going away again this year but they have been away a lot this year. I have overheard them discussing – and booking some long weekends away. Watch this space.
Gigi @princessgigi2019
appears to be strong engagement on our social media pages (with high impressions on LinkedIn), I think it has been a good year for HLS and I have very much enjoyed my time as President and if there is anything you would like me to focus on in my remaining months in post, please reach out and let me know.
Thank you everybody, Kirsty Richards President of HLS
7.10.24
Out and about in town, a date for the Legal calendar not to be missedThe Legal Hero Awards 2024
“Hero” noun
“a person who is admired for having done something very brave or having achieved something great”
National Legal Service Solicitors (“NLS”) attended the inaugural Law Society Legal Hero awards that took place on a rainy afternoon of 12th September 2024, in just it’s second year of running, Law Society HQ threw open its’ doors to welcome the 19 shortlisted nominees and their guests to host the event.
Kirsty Richards , whom many of your readers will know as the current President of the Hertfordshire Law Society (since January 2024) was one of the shortlisted nominees, whittled down from nearly 500 entries. Kirsty is also a Director and Head of the Family department at NLS, and that is how I have come to know her. I have worked alongside Kirsty for four years and been in awe of her tireless contribution to the community and leadership of the
important work we do. One Sunday in February, after seeing the advert for the awards on LinkedIn, I thought that perhaps I should take 10 minutes out of my day, to write down a few of the reasons why Kirsty is someone we admire for “doing something brave and having achieved something great” and submit a nomination.
It is the combination of talents and efforts Kirsty puts into daily causes very close to her heart, that was really at the root of this nomination. And thus, I submitted my application, and willed my colleague Jestina Johnson , a fellow Solicitor to do the same.
Fast forward, seven months later, as I stood in the Great Hall, it felt like a dream. That a small effort on my part could lead to this opportunity. I was open minded about how the day would unfold and keen to meet some of the other nominees and draw inspiration from the work they had also been doing.
But first! To Kirsty, in my zeal, with a fast-paced heel, I overshot the Law Society building and continued walking and walking as if to the Central Family Court for another hearing – had I forgot myself? I had the afternoon “off work” but my internal GPS failed to get the memo. I saw a face emerge in a passerby, going the direction I had just been coming from and I thought, “she looks familiar” – then I realised, it was the very person I was there to meet, and support – we laughed and hugged and turned direction back to the right part of Chancery Lane, 113!. In my strut down Fleet Street, it had started to rain. I had pushed the boat out a little that morning, not a literal boat to take me up the Thames, but the hairdresser type that gives you a “bouncy blow dry” a la Catherine, Princess of Wales (my aim). Something
my talentless skills with a hairdryer could not achieve at home. By the time of my arrival on site, it was totally flat. Thankfully, the bubbles that greeted us were not, and it wasn’t long before we were mingling together, chatting in excited tones about all that lay ahead for the afternoon. Yes, of course, we hoped for a win, but already felt like winners, just being part of such an esteemed group, all being recognised for exceptional contributions which go above and beyond the usual course of duty as a Solicitor.
I was nervous for Kirsty, but not at nervous as I knew she would be. Invariably, self-effacing individuals who set aside their own needs to meet those of the most vulnerable in society, are also very humble types and traction of this sort can be uncomfortable.
Kirsty had been shortlisted for an award due to her exceptional and tireless contribution to the nationwide provision of legal advice and services to some of society’s most vulnerable. 93% of the work we do here is legally aided which enable those in the poorest of socio-economic backgrounds, access to robust advice and protection. We carry our volumes of injunctive work ensuring each month ensuring that victims of domestic abuse are met with the help they need. There is also a strong band of Children Panel accredited lawyers who represent children directly or through their court appointed Guardians in public and private law children proceedings and increasingly, Deprivation of Liberties. Kirsty has done over £100k of this work on a pro bono basis getting fantastic results for her clients, including a trailblazing Court of Appeal case on how to handle data disclosure amongst young people Re P, H-L (children) (mobile phone extraction) [2023] EWCA Civ 206 . In addition, she has been
Annie Francis
setting up Prison clinics where she attends to advise prisoners on all aspects of family law. This has proved to be a very powerful ministry in terms of the positive outcomes for them and their children, especially when so often they are sadly products of their own upbringings or wrongly and disproportionately sentenced without context for their whole circumstances. Kirsty spearheads the Family team at NLS and as part of her role, regularly delivers training on legal updates and quality assurance. Kirsty has developed the NLS Academy including “Educate a Generation” which produces material that can be taken into schools to advise and inform on healthy relationships and consent. In addition, the Academy supports new talent within the firm and provides bespoke packages of training and work experience to enable all NLS employees to reach their full potential. These are just some of the highlights that secured Kirsty’s welldeserved shortlisting. Despite all of this, Kirsty still makes time to touch base with us. An open door, no blame policy of support and encouragement. We were soon ushered to the main hall and encouraged to take our seats at our tables for an afternoon tea whilst the ceremony commenced.
Welcomed formally by Nick Emmerson in his capacity as President of the Law Society, it was very evident how proud he was to be there; "This recognises solicitors who have shown personal commitment and leadership in the profession and have made a significant difference to other peoples’ lives," Nick said.
"It's a chance to highlight the unsung heroes, quietly working in the background."
I had a Lord, sat to my right - and whilst initial ice breakers included talk of how “interesting” the colour of the bread on the sandwiches were ( terracotta!), it wasn’t long before we were exchanging views on law and policy reform in light of some of the very interesting case work as well as hearing about the incredible work of Duncan McNair , a fellow shortlister who was also on our table. Duncan is
dedicated to animal welfare, founding Save the Asian Elephants (STAE) His tireless campaigning led to the Animals (Low-Welfare Activities Abroad) Act, that got passed through parliament with no amendments! we are told - a feat in itself. His real passion lay in adopting ethical approaches to tourism.
We were incredibly moved to hear the testimony of another winner, Pauline Campbell . The daughter of parents brought into the country on the Windrush, she absolutely loved learning and like many of us at an impressionable age, hung on to the words of the teachers she looked up to. When she was 15, one such teacher
whom she admired told her “you’re not A level material”
Devastated. She lived with these words for years and years until one day in her mid thirties something clicked and she decided not to believe this to be true about herself any more.
She went on to qualify as a Solicitor and is now Principal Solicitor at London Borough of Waltham Forest where she has through her pro bono work, provided legal advice to 100 Windrush victims and counting. In addition, she is a published social justice author and chairs the Race Equality Network.
There was not a dry eye in the house;
http://www.hertslawsoc.org.uk/
Mark Evans with Kirsty Richards and Nick Emmerson at the Legal Hero Awards 2024
Legal Hero Awards Continued...
we were very grateful to have some time with Pauline afterwards to talk to her about her experiences.
All the short listers received a framed certificate in recognition and acknowledged of the “profound and lasting impact they make on the lives of others and to society.” One of the most touching moments being Nick’s whole group selfie with them.
The positive spirit and genuine admiration in the room was tangible.
Kirsty had some wonderful chats with Mark Evans (VP) and former President of the Law Society Lubna Shuja both of whom had read with interest many of the applications and expressed how
hard it had been to make final decisions as the work being done on the ground is mind blowing. I am sure, still, there are many who were not nominated, selflessly and tirelessly serving their communities.
If these awards did not happen, we would never know about some of the mind-blowing work being done across the board from complete polar opposites of the legal spectrum. I left very much inspired, and encouraged.
Nick and his colleagues were very kind to ensure that all shortlisted nominees in attendance were made to feel like winners. He said that the fact they were shortlisted was due to The Law Society considering the work they were doing
is above and beyond expectations and is making a real difference. He called all the shortlisters “his Legal Heroes”
You can read the full report from the Law Society and see some of the other wonderful winners here:
https://www.lawsociety.org.uk/ campaigns/legal-heroes/2024winners?utm_source=professional_ update&utm_medium=email&utm_ campaign=PU-09%2f16%2f202
Annie Francis National Legal Service Supervising Solicitor and Accredited Member of the Law Society’s Children Panel
What Does a Retired Solicitor Do?
Ifinally retired at the end of March 2023 with my first retirement in 2021 lasting for four months. I stayed on in my role as the Honorary Secretary and Treasurer of the Hertfordshire Law Society which means I still keep up to date with what is happening legally.
I worked as a commercial lawyer in local government so had many useful skills to put to use such as: data protection; charity governance; company governance; preparing contracts along with being able to understand legal documents.
The Cloisters (https://www.cloistersletchworth. co.uk/ and https://www.lawrencecloisterstrust. org/) is used as a masonic centre but is also used by the people of Letchworth Garden City and the surrounding areas. I know nothing about Freemasonry but have learnt a little. Let’s just say that all the people I have met are men. I have been told by some of them that I am intimidating but I think that is because I sign a lot of the letter that are sent out.
I was also asked to join the Board of the Cloisters of which I am the director and trustee responsible for legal and compliance. As the last Company Secretary wanted to stand down from the role I have taken on that role. I am also updating policies and writing new ones. As it is at the end of the road I live in I try to support the events that are held there. It is a fascinating building and in 2025 I will arrange a visit for HLS members.
I have a rare condition which is a primary immune deficiency and I have also been elected as a trustee of the charity ( https://ukpips.org.uk/ ). Again I am looking over agreements, data protection and governance. As the majority of board members have a primary immune deficiency we meet via zoom. We do sometimes hold in person meetings with hospitals, government and pharmaceutical companies. We also check documents that will be sent to NICE for the treatment of primary
immune deficiencies.
I am also on the committee of a local organisation called the Letchworth Arts and Leisure Group LALG for short ( https://lalg.org.uk/ ) . My husband and I belong to several of the groups so I decided to volunteer for the committee. I was immediately volunteered to be in charge of data protection. I also seem to be involved with going through most of the policies.
My husband says I work harder now than before but for no financial reward! If you are planning on cutting down on work or retiring solicitors have many useful skills that you can bring to organisations beside the legal knowledge such as public speaking, being able to precis documents and translate them so they can be easily understood.
Judith Gower
parkrun
You may have heard recently in the media about the 20th anniversary of the phenomenon known as parkrun (it’s always spelt with a little p). On the 2nd October 2004 13 runners gathered in Bushy Park, near Hampton court for a free 5k run, organised by a man called Paul Sinton-Hewitt. Over time it became more popular and expanded enormously until now there are more than 2,000 events in over 22 countries in 5 continents around the world.
In Hertfordshire we’re lucky to have 34 events, including 2k junior parkruns for children up to 14, and that number is set to increase. Many of you reading this will probably be keen parkrunners, as are some of the committee.
Current vice-president Massimo Trebar is a regular at Cassiobury. He was persuaded to get involved by a colleague at Lawtons Solicitors Andy Hobdell, who as well as being a fellow Solicitor, has had a long involvement with park run himself; in his spare time he is an Olympic coach to middle and long distance runners; and knows Paul Sinton-Hewitt very well. Massimo says “It’s a great community event; it’s a great way to keep fit; and its great way to celebrate your local park!”. Massimo has been regularly running park run since 2019, and is up to close to 100 runs.
Former President and Treasurer, Claire Sharp, runs regularly at St Albans, which has two parkruns, one in Verulamium Park, and the other at Jersey Farm. Verulamium Park is very popular, often attracting in excess of 400 runners, and is known as a pretty fast course. Jersey Farm is a tough off road course, not recommended for PB’s (personal best times), but very popular with parkrunners looking for the letter “J”! (There is a huge parkrun following who work their way around different parkruns collecting each letter of the alphabet! – “Z” is quite tricky – most of those are abroad!).
Claire has volunteered at Verulamium Park many times, as a marshal or timekeeper. It’s really important to the success of parkrun that runners give back from time to time, by volunteering to marshal, as the events can only take place with their support. Claire says, “it’s actually incredibly inspiring to marshal an event, because you get to see all of the runners, from the front to the back of the pack, each making their own personal effort, and
with their own parkrun story. You see runners of all types, shapes, sizes and ages! It’s brilliant, and I admire them all. Even Mums and Dads pushing buggies with babies (yes, there is a parkrun buggy record), and a few pooches too. If you’re nervous about taking the first step to running a parkrun, maybe start by just going along and watching one – I guarantee it will inspire you!”
New to the committee this year, Michael Scutt of Crane & Staples LLP, describes himself as being “addicted” to parkruns. He’s a run director at Panshanger parkrun between Welwyn Garden City and Hertford and ran his first event back in April 2015. Since then he’s notched up almost 200 runs in 11 different countries. Michael was recently appointed an event ambassador and looks after three events in the Watford area. Michael says “parkrun has changed my life. I was always a reluctant runner but through parkrun I’ve become a regular runner, joined my local running club and have now run two marathons. My local event at Panshanger is a lovely community and I’ve made a lot of new friends through it and travelled to places I would not have visited otherwise. Volunteering gives me a sense of well-being and positive achievement which you don’t always get from work. It’s a welcome diversion from the pressures of fee earning.”
If you’re interested in finding out more, see this link for more details on how to get involved https://www.parkrun.org.uk/
http://www.hertslawsoc.org.uk/
Best Practice in Administering High Net Worth Estates
Rachel Giles is an Associate Solicitor for Taylor Walton Solicitors, a prestigious multi-service, award-winning law firm, with offices in St Albans, Harpenden, and Luton. Rachel explains: "We offer a city firm quality level of service but with local knowledge and connections.
“Much of what we deal with might qualify as HNW, although there is really no precise definition of a High Net Worth individual – it’s a relative concept. Our private client team work on probate cases which range from estates under £500,000 to estates in the tens of millions. Estates worth over £2 million lose the residence nil rate band, so generally when we talk about HNW estates they tend to be larger – usually around £3-5 million in size. However, insurers might regard estates worth more than £1.5 million as “high risk” so HNW means different things to different people.
“HNW clients need their advisors to provide oversight of the big picture, and to pay attention to the detail of their affairs. The work begins during a client’s lifetime with a Will and lifetime planning that takes into account the individual circumstances and assets of the client. Succession planning can be more complex, particularly when it comes to business involvement. For
example, with a farm or business there needs to be an appropriate person appointed to maintain the future of that business. Things need to be structured carefully to preserve inheritance tax reliefs, to help ensure such assets are protected as far as possible and depletion prevented.
“Age of inheritance and protection from third parties can also be a greater concern with larger sums. Trusts can be set up to ensure young people inherit only when they reach a responsible age, or that the assets cannot be accessed by others. Trustees must be carefully selected, who will prudently manage assets to preserve the wealth for the benefit of the client’s chosen beneficiaries.
“Probate is an emotional time, and we want clients to avoid the further distress of any contention. Therefore, we advise clients to be clear about their final wishes before they pass away to ensure appropriate distribution of the estate when the time comes. If there is an anomaly, we encourage discussion with the family so there are no surprises. Leaving a written note, can ensure transparency and help avoid litigation. It may be as simple as explaining why a beneficiary will receive less, (perhaps because they had already been gifted a certain sum when the testator was alive for example).
“Estates belonging to HNW individuals who have passed away are often more complex to administer than smaller estates. This is because there are often more assets to deal with and the variation and spread of assets involved, such as structured investments, insurance policies, trusts or offshore accounts may also need to be considered. Further, business assets or agricultural assets can benefit from different IHT treatment.
“Our approach with any probate case is
to be clear with the family about what to expect, particularly in terms of the steps which need to be taken and how long they usually take. A lot of clients don’t realise how lengthy the probate process can be. The difference between settling the IHT position with HMRC and obtaining the Grant of Probate from the Court can also potentially be confusing for clients who may not realise they are two separate processes.
“We have to submit information to HMRC about the IHT position and tax needs to be paid before applying for the Grant of Probate, so it is essential that we establish the full extent of the estate as early as possible. HNW individuals’ complex financial affairs can take longer to confirm, particularly where there are complex structures or foreign assets.
“With lower value estates, clients may have not engaged in a solicitor-client relationship before and can be reluctant to provide information. Therefore, building a rapport and helping individuals understand the parameters of the professional relationship early on is helpful. Interestingly, HNW clients are often used to dealing with professional advisors, and so the management of the relationship can be easier.
“Managing expectations and clear communication with families helps them understand what to expect at a difficult time. We also like to inform beneficiaries about the size of the estate and the tax liability as soon as possible so they can plan for their own financial future.
“Where one of our partners is the executor for the deceased’s estate, we use Estatesearch’s Financial Profile search as a matter of course to search for all the assets and liabilities and close off the position. This due diligence ensures that no stone is left
Rachel Giles
unturned. If a lay executor is not confident about where everything is, or where the person who has died has not left their affairs in good order, we also recommend an asset search.
“A Financial Profile search will often uncover small investments that have been overlooked. A surprising number of forgotten bank accounts containing small amounts of money have been discovered over the years! The search will also establish liabilities such as mortgages or credit card debt. Even where no further assets are found, executors can have peace of mind that they have done all they reasonably can to establish the size of the estate.
“We also use Estatesearch to order placement of Section 27 Notices to
inform creditors and for overseas bankruptcy searches if beneficiaries are based abroad. I like our personal connection with members of Estatesearch’s team. The company offers far more than searches and an ordering portal, we can always pick up the phone if we need further assistance.
“I believe our clients appreciate our matter-of-fact approach which is sympathetic to the loss they have suffered but is also pragmatic and calm. We focus on what needs to be achieved, helping them through the various steps. This activity can become part of the grieving process and ultimately helps them come to terms with their loss and move on. Our use of Estatesearch’s services, particularly to establish the assets and
liabilities within an estate, ensures we work with efficiency and due diligence and means we can offer the best quality service possible to bereaved families regardless of the size of the estate.”
For further information about Taylor Walton please see: https://taylorwalton. co.uk/
For further information about Estatesearch please see: https://www. estatesearch.co.uk/
Remember A Charity responds to Autumn Budget
Following the Chancellor of the Exchequer Rachel Reeves’ Autumn Budget statement delivered earlier today, the UK consortium of charities Remember A Charity has welcomed the Government’s decision to keep inheritance tax (IHT) incentives in place for individuals who choose to leave a legacy gift to charity.
Alex McDowell, Vice Chair of Remember A Charity says: “Fiscal incentives play an important role in inspiring more people to leave a legacy gift and encouraging professional advisers to make their clients aware of the option and benefits of including a charity in their Will.
“Legacy gifts are not only a deeply meaningful way of giving, but they are vital to society, helping to fund everything from hospice care to emergency services, homeless charities to community care supporting people who are alone and vulnerable. The Government’s preservation of these crucial incentives is instrumental in helping to safeguard the long-term sustainability of charitable causes in the UK. These incentives could become even more impactful should more estates qualify for IHT as a result of the IHT thresholds being frozen.”
Remember A Charity also hopes that the 2% productivity and efficiency savings target set for all Government departments next year will mean that further improvements will be seen in the probate service. In recent months, the situation has seen marked improvement — something that Remember A Charity would like to see continue.
McDowell comments:
“A smooth-running probate service can reduce the stress experienced by bereaved families. It can also ensure gifts kindly included in charity supporters’ Wills can be put to good use sooner, enabling charities to plan and deliver their essential services.”
Remember A Charity had called on Government to protect the fiscal incentives that encourage legacy donations, and had earlier this year presented evidence to the Parliamentary Inquiry pertaining to the importance of a well-run and well-funded probate service. The consortium promises its member charities to continue to work with the Government and policymakers to influence and shape the future legacy giving landscape for the benefit of charities, supporters and bereaved families.
Matthew Lagden, CEO of the Institute of Legacy Management (ILM) has also welcomed the Chancellor’s decision to keep
IHT relief for charitable gifts in Wills and to maintain the exemption from capital gains tax on the sale of property or assets donated to charity.
He says: “Charities rely heavily on legacy giving and there will be a unanimous sigh of relief within the charity community that the Chancellor has seen fit not to make any changes to this incredibly important pipeline of financial support.”
Read Remember A Charity’s joint submission with the Institute of Legacy Management submitted ahead of the Autumn Budget: https://www.rememberacharity.org.uk/about-us/latestnews/protecting-the-fiscal-incentives-on-legacies-and-more/
Alex McDowell
Matthew Lagden
Essex & Herts Air Ambulance: How Legacy Gifts Enable 1 in 4 Missions
The legacy we leave reflects the choices we make, the values we hold dear, and the impact we have on those around us. One meaningful way to carry your values forward is by leaving a gift to charity in your Will, helping to ensure the causes you believe in continue to make a difference for many years to come.
Legacy gifts are vital to charities throughout the UK, and for Essex & Herts Air Ambulance (EHAAT), they’re a lifeline – funding 1 in 4 missions carried out by their critical care team across Essex, Hertfordshire and surrounding areas. These incredible gestures not only play a crucial role in helping the charity remain operational but ensure EHAAT’s skilled doctors, paramedics and pilots can continue delivering the highest levels of pre-hospital care to critically ill and injured patients in their hour of need.
As Carmel Hudson, Legacies Manager,
explains, “These phenomenal acts truly make a difference to our patients and their loved ones. Gifts in Wills not only have the potential to save lives, but they’re enduring legacies that will always be remembered, no matter how large or small they are.”
As well as supporting essential missions, legacy gifts bring many personal benefits. It’s natural to feel a deep sense of fulfilment when you leave a legacy. By supporting a cause that’s very close to your heart, you may find comfort in knowing your values and beliefs will be passed on to future generations. Leaving a gift to charity is also tax-free, and if you choose to donate more than 10% of your net estate, the Inheritance Tax on the remaining portion is reduced from 40% to 36%. This adjustment can be significant for your loved ones, allowing more of your estate to reach them.
Legacy gifts can also honour a loved one. Leaving a donation to a charity they
cared for not only allows you to celebrate their life but keeps their memory alive. If EHAAT was meaningful to them, your gift could help ensure their life-saving work continues, serving as a tribute to their values, passion and commitment to their local community.
Today, only half of adults currently have a Will, partly due to common misconceptions that the process is complex or costly, however, making a Will is a straightforward process that can give you complete peace of mind. Every legacy gift to EHAAT plays a pivotal role in enabling life-saving care. With limited government funding and no access to National Lottery funding, they rely on the generosity and goodwill of local people and businesses. For more information or to leave a gift in your Will, please contact Carmel Hudson on 0345 2417 690 or carmel.hudson@ehaat.org
New report explores the role of wealth advisers in Charitable legacies
Anew report from Remember A Charity launched on 28th August 2024, exploring the opportunity for wealth advisers to play a more active role in helping clients achieve their philanthropic goals through a charitable legacy. Looking at the benefits of engaging clients in meaningful discussions around charitable bequests, the report also highlights the potential for working more closely with charities to co-create philanthropic journeys for clients.
Understanding the role of wealth advisers in growing legacy giving was developed in partnership with Boon Philanthropy Consulting and with support from Philanthropy Impact. It draws from research gathered from interviews and focus groups with around 40 advisers, including wealth managers, private bankers, tax consultants, philanthropy consultants, and solicitors, it also incorporates insights from fundraisers, featuring case studies of high value legacy gifts.
The report highlights the importance of the high value legacy giving market for charities across the UK, and the scope for growth. While fewer than 1% of charitable estates in recent years have included gifts of over £500,000, data from Smee & Ford indicates that these donations generate more than one quarter of the sector’s legacy income
(26%)*. Based on the current UK legacy market value, this equates to around £1 billion annually, funding vital services for beneficiaries across the country.**
Commenting on the potential for growth, Lucinda Frostick, Director of Remember A Charity, said:
“Even a small increase in high value legacy gifts could significantly enhance UK charities’ long-term funding, while enabling high net worth individuals to achieve their philanthropic goals and vision. Wealth advisers are uniquely positioned to accelerate this growth. By working collaboratively, charities and wealth advisers could unlock invaluable philanthropic potential.”
Sianne Haldane, founder of Boon Philanthropy Consulting, said:
“The opportunities that exist around growing high value legacy giving are really exciting. They provide not only transformational possibilities for charities that receive them, but central to these gifts are enhanced relationships with the donors who leave these gifts. For advisers, talking about values and legacy with clients gives them a deeper understanding of their clients’ overall goals...it truly is a win win win for all.”
While private client solicitors are often well versed with charitable legacies, the report emphasises the opportunity for a broader range of wealth advisers to play a more active role. It highlights five key findings:
1. The power of values-led conversations: Clients are increasingly seeking advice that aligns with their values and ethical considerations as well as their monetary goals. Wealth advisers can deepen relationships and trust by incorporating discussions about charitable intentions with their clients.
2. Seeding the idea of charitable legacies: Advisers are well-placed to initiate conversations about legacy gifts during key life stages, offering clients the opportunity to align their estate plans with philanthropic aims while exploring potential fiscal benefits.
3. An appetite for specialist knowledge: Advisers express a need for more knowledge and support in raising legacy conversations with their clients. They want to better understand how legacy gifts can be structured and how they can help clients realise their own charitable goals.
4. Legacy giving can play a key role in the philanthropic journey: The decision to leave a charitable legacy can be a catalyst that inspires future giving. Advisers recognise that discussing the causes that matter most to clients can strengthen the adviser-
Lucinda Frostick
Sianne Haldane
client relationship, as well as help clients approach subsequent philanthropic and investment decisions.
5. The need for a more holistic and collaborative approach: Impact is a key driver for high net worth individuals. They expect to have choice and agency, and be well stewarded – by advisers and charities alike. There is scope for charities to work more collaboratively with advisers, supporting them in co-creating philanthropic journeys and experiences.
One adviser commented:
“When a client feels passionately about giving something back, it is very humbling to be entrusted with the responsibility to ensure their legacy makes a positive difference to causes that are close to their hearts.”
John Pepin, CEO of Philanthropy Impact, said:
“At Philanthropy Impact, we believe that wealth advisers are at the forefront of a transformative movement in values-based impact investing and philanthropic giving, including in legacy giving. Their expert guidance can empower clients to make impactful decisions that resonate with their deepest values and aspirations.
“By fostering a more informed and integrated approach, we can ensure
that high value legacies contribute significantly to societal advancement and create lasting change.”
The report is available to download from Remember A Charity’s website.*** Additional web-based content and assets have been developed to inspire, educate and equip wealth advisers for discussing legacy giving with their clients.
Rachel Steeden, Head of Legal at Stewardship, comments:
“The report is packed with useful insights to encourage mutually beneficial conversations between advisers, clients and charities. It covers the wide range of legacy structures available, including the highly practical and flexible Donor Advised Fund model.”
*Source: Smee & Ford, analysis of charitable estates 2016-2022
** Thanks to charitable gifts in Wills, 6 in 10 lifeboat launches are made possible through the RNLI, thousands of people receive end-of-life care through Marie Curie and an increasing number of locally-based charities can deliver vital services in the community.
***https://www.rememberacharity.org.uk/about-us/for-wealthadvisers/the-role-of-wealth-advisers-report/
John Pepin
Rachel Steeden
How Will Writing Businesses Can Boost Leads Through Proactive Will Bank Data Management
Proactive Will bank management can offer an opportunity to re-connect with old clients and potentially generate new business. However, keeping records up to data is a constant challenge, and data integrity quickly declines if it’s not routinely managed.
Our own findings suggest that an average of 10% of Will Bank clients are already deceased. In one example, we identified 60 deceased subjects over 12 months, where the firm was only aware of one in three of those.
However, according to GDPR Article 5, customer data should be kept “accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay” .
We recently launched a new Will Bank Management Service to help practitioners manage data more efficiently. The unique service allows firms to understand their client dataset in terms of mortality and comply with GDPR. However, crucially, it also offers the opportunity to maximise their potential pipeline of work from existing customers.
Michael Tobin, Marketing and Business Development Manager, Solicitors LLP explains: “We have over 400 Wills that were made in 2013. Last year, we invested time into getting the data stored in a digital format. Our Excel spreadsheet was simply uploaded to Estatesearch’s secure portal and I was notified once the data cleanse had taken place. I was able to download the cleansed database plus a password protected report which clearly indicated the number of people who had passed away in addition to the living categorised by a high, medium or low degree of confidence that their data was correct.
“We are now confident that our data is up to date, we comply with GDPR and we can now move ahead with our sensitive, proactive communication campaigns in a professional way.”
Estatesearch’s Will Bank Management service includes three stages – Screening, Cleansing and Notifications. The initial screen provides a free health check of the testator database. This enables firms to see the percentage of out-of-date records, before proceeding with a full cleanse. Estatesearch’s bespoke platform pulls information from several data sources to complete the cleansing phase, identifying deceased subjects and the date of death as well as forwarding addresses for anyone who may have moved. Finally, the ongoing monitoring phase notifies firms of life events which may impact files and ensures databases can be updated easily, while alerting the professional to the potential needs of a client.
Bennett Oakley Solicitors is another firm which has benefited from proactive Will bank management and the team were involved in the trial of the solution. Practice Manager, Samuel Cash confirms: “We have a sizable Will Bank of around 10,000 Wills. Because Bennett
Oakley was established in 1957 many of these Wills were historic and some originated from another Will Bank we purchased in 2012. It was difficult to assess the integrity of the data and we had no way of tracking the deceased or anyone who had moved house.
“Our spreadsheet was cleansed and a report was provided which contained significantly more information about each client. The report informed us if clients were deceased and where they were confirmed to be still living, it also provided their up-to-date address details.
“We were then able to write to selected clients with a personal, sensitive and light-touch message, in some cases simply saying ‘we are here to help when you need us’. We feel it’s much better if clients receive something from us before they need to contact us.”
“Ongoing Notifications of any changes of address, or if a client has passed away, mean we can now be proactive in our communication and offer a more timely and appropriate service which has been well received by our clients.”
Estatesearch can now help firms to maintain the health and integrity of their Will Bank while also maximizing the opportunity to boost leads by reconnecting with clients to update Wills. For further information about Estatesearch’s Will Bank Management services please see: https://www. estatesearch.co.uk/service/will-bankmanagement/
Emma Baddaley, Strategic Relationship Director, Estatesearch
Emma Baddaley
Justice system: lord chancellor must “spend to save”
The Law Society of England and Wales has welcomed more investment in justice but warned that increased funding across the system is needed to avoid collapse.
While today’s budget announces funding for prisons, the Crown Prosecution Service and probation, there is no mention of civil and criminal legal aid – crucial public services which are on their knees.
“It is clear the lord chancellor made a strong case to the Treasury and secured investment for the justice department,” said Law Society president Richard Atkinson.
“What remains uncertain is whether the vital funding needed in civil and criminal legal aid and to address growing court backlogs will be forthcoming. Rebuilding the justice system will not be possible unless there is sustained investment in all parts of
it including legal aid and courts, not just prisons and probation.
“The well-known crisis in the prisons is only one part of what is needed to repair our beleaguered justice system. The physical infrastructure of the courts is so poor that there are 100 emergency court room closures every week.*
“In some parts of the country, criminal cases that are ready for trial are being listed to be heard in the second half of 2027, amid a huge backlog.
“Cases involving children being taken into care are often taking well over a year to resolve, against a target to conclude them in six months.**
“Legal aid solicitors who provide a vital public service to those forced to navigate our courts are becoming as rare as NHS dentists. “Increased funding for all these elements is
a must if the system is to avoid collapse and access to justice for ordinary people is to be protected. Our research has shown that a wellfunded justice system will save public money down the line.***
“The message that the lord chancellor should be hearing is spend to save.”
*See 'See reporting by the Independent' https://www.independent.co.uk/news/uk/ home-news/court-closures-trials-delaysjustice-b2480820.html
**More details: https://www.lawsociety. org.uk/contact-or-visit-us/press-office/pressreleases/children-left-in-limbo-by-familycourts-crisis
***See our research with Frontier Economics: https://www.lawsociety.org. uk/topics/research/civil-legal-aid-the-publicservice-that-can-benefit-us-all
Unoccupied Property Insurance –Information feature
No inspection condition, no responsibility, no problem?
A few years ago, it was commonplace to have an inspection clause in every unoccupied property insurance policy requiring fortnightly or even weekly inspections of the property, inside and out.
Arranging weekly inspections was either expensive, engaging a local property agent or maintenance firm; or risky, cover relying on a family member arranging inspections and keeping records to evidence them.
More recently, a number of insurers have relaxed this requirement, much to the relief of the probate professional. Thirty day requirements are now commonplace. In fact, policies are also available with no formal inspection condition at all and seem to relieve the executor of any obligation –but to what extent is this really true?
Can a probate professional organise unoccupied property insurance and simply pass the responsibility to the insurer for anything that goes wrong?
Unfortunately, it’s not that simple.
Although the absence of a formal inspection warranty in a policy relieves the policyholder of a rigid ‘diary led’ inspection regime, there are other conditions which, if ignored can just as surely result in a claim being reduced or declined.
Duty of care
Just about every policy carries a written duty of care. Here you will find a written obligation to: ‘take all reasonable care to protect the property from, or to limit loss or damage’
If a maintenance issue has been left unresolved for several months and this is found to have contributed to a loss, an insurer would be within their rights to cite the above duty whilst declining to pay for damage.
Exclusions
A typical unoccupied property insurance policy will exclude any loss or damage which pre-dates the policy being in force. If no initial inspection has been carried
out, long-standing issues might go unnoticed which may later lead to a severe loss. Your insurer will have little hesitation in evidencing the long-term nature of the cause.
Also, your policy will exclude any loss or damage which has occurred (even in part) through inadequate maintenance or wear and tear.
This is a particularly a wide-ranging statement (common to most policies), which can be used to decline or reduce payment in a great variety of situations, unless the insurer is provided with evidence that reasonable care has been taken to ensure the property is maintained in good condition.
A grim example – elements taken from a variety of real events.
Your client’s roof collapses or is torn off during bad weather. You register a claim, confident the insurer will pay for repairs.
No other building in the street was damaged. The loss adjuster investigates further.
The garden is overgrown, the wall and some of the roof being covered by thick ivy which had dislodged and loosened gutters and slates, letting in moisture which has caused timbers to rot.
The slates, their bond with the ivy stronger than that with the roof, have ended up in the garden. The long-term effects of dampness in the roof timbers is evident.
The claim is successfully turned down.
Many insurers have a written definition of what constitutes storm conditions. Remember, a well-maintained property should be able to withstand all but extreme weather.
Advice? Arrange regular inspections on every property.
In the above example, regular maintenance of the property and grounds may have provided a very different outcome. The claim may have been successful. The damage might never have occurred in the first place.
Even with no formal inspection condition, regular inspections will reduce the likelihood of damage, as well as assist with evidence to support a valid claim.
At every inspection:
• Maintenance of the garden should be viewed as an investment rather than a cost, protecting the property from damage from vegetation, reducing the risk of burglary, vandalism, damage by animals, and maintaining the property value.
• Check roof for signs of damage, slipped tiles, excessive moss growth or weeds, cracked cement etc.
• Check gutters, downpipes and drains are clear. Blockages or growth in gutters can cause damp and water ingress.
• Blocked drains can cause flooding.
• Check flat roof areas for signs of damage or weakness. A felt flat roof has a limited lifespan, anything more than 12 years old is likely to be severely weakened and in need of replacement.
• Check windows, doors and frames for signs of rot or weathering.
• Check that the stopcock is operating properly, check taps, pipes and radiators for signs of leaks or drips.
• Check pipes in loft areas. If you have water pipes in the roof space, open the loft hatch by 12 inches to allow warm air to circulate in the loft.
Colin Bickers is a Director of Bickers Insurance Services, specialists in unoccupied property insurance for probate and householders in care. This general risk management advice should not be considered exhaustive, nor suitable for every property.
Do graduate solicitor apprentices have the best chance of passing the SQE?
In this article, Dr Giles Proctor, CEO of The College of Legal Practice, explains why he believes Graduate Solicitor Apprenticeship (GSA) Programmes can give both employers and individuals the best possible opportunities to help employees qualify via the SQE route.
What is a GSA?
Many people have heard of 6-year solicitor apprenticeships, well the GSA is a graduate entry solicitor apprenticeship programme that trains apprentices to pass the SQE1 and SQE2 whilst also producing the workplace evidence portfolio that meets Qualifying Work Experience (QWE) requirements. Solicitor apprenticeship programmes end with the SQE2 assessment and provide a qualification route to becoming a solicitor. There are programmes available for law and non-law graduates.
Here at The College of Legal Practice, we are starting to see firms include graduate solicitor apprenticeship programmes within their early careers training portfolios, and guess what? We think that these apprentices have a very strong chance of passing the SQE first time around.
We see the GSA as a unique collaboration between a higher education provider and a legal services organisation. We work closely with our client firms on their programmes and we are finding that there are some key differences with this programme and SQE preparation courses that greatly benefit both the individuals and the employer.
SQE funding for you, the employer
As you might be aware, large employers can draw down 100% of the funding for the GSA through the Apprenticeship Levy, making this an efficient and sustainable
way to bring in future solicitors. This funding channel is unique and can be put towards the full apprenticeship programme costs that includes training, coaching and SQE1 & 2 assessment costs, including one re-sit for SQE1.
If you are a smaller employer, good news, you can receive up to 95% of your apprenticeship programme costs from the government, if you are ineligible to pay the Levy.
Increased likelihood of passing the SQE and qualifying in two years
We are seeing in our student cohort, that those are preparing for longer for the SQE are getting better results. It is no surprise that taking a 40-week course generates better outcomes than studying over 13 weeks.
In the GSA programme, the candidates have a structured learning pathway towards taking the SQE exams. Whilst they are training, in addition to personal supervision, they receive discrete coaching to support their progression. This pathway works brilliantly to ensure aspiring lawyers gain all the necessary preparation, skills and qualifications to become a fully qualified solicitor. In addition, unlike SQE preparation courses, engagement with the programme is mandatory for apprentices, monitored by Ofsted.
Retention and Progression
The GSA, unlike the 6-year programme, is for graduates only who have already spent time in the higher education system and are exploring their career ambitions. When you run your GSA application process, it is set up much like a training contract process, with rigorous interviews and clear expectations for employment, training and progression. Alongside being a stable point in a person’s career journey, the GSA has the benefit of extensive support to limit the chance of apprentices dropping out due to personal challenges. The 1-2-1 coaching provided allows the needs of students to be addressed at the earliest stage possible and the prerequisite support put in place swiftly.
Improving access and social mobility
You can help achieve your firm’s social mobility objectives through the introduction of Graduate Solicitor Apprenticeships. For
many students, who are the first in their family to get a degree, let alone enter this rigorous profession, we hope that having a clear and funded structure to progress will be the difference between pursuing their goals and not. This has a knock-on effect for employers, leading to increased social mobility, a more diverse workforce and eventually a pool of future solicitors that better represent the society they serve. The GSA also offers a fantastic opportunity for internal progression, with paralegals and legal executives using the GSA as a structured pathway to qualification.
Focus on delivering value for your clients
Traditional apprenticeship schemes take apprentices out of the workplace for a day a week, impacting on client delivery. With The College of Legal Practice’s programmes, apprentices can study virtually and flexibly, allowing them to focus on their work responsibilities and demands alongside their study. This approach also avoids the need for travel time and costs and give apprentices options for study outside core working hours if needed.
So, at the College, we believe the Graduate Solicitor Apprenticeship is highly valuable for employers and offers the structure to help apprentices pass the SQE. It provides a robust launch pad to fully integrate apprentices into your workplace and ensures that they have individual support and coaching to become your next valued cohort of NQ solicitors.
You can find out more about Graduate Solicitors Apprenticeships at collegalpractice.com and you are welcome to get in touch using the QR code below or email at gproctor@collegalpractice.com
Dr Giles Proctor
Introducing FHM Forensic Accounting – a specialist forensic accounting practice based in East Anglia
Overview
Although FHM Forensic Accounting was only founded in April 2024, our expert – Fiona Hotston Moore -has over 20 years’ experience as a forensic accountant and an accredited expert witness. Our mission is to help clients resolve financial disputes and problems in an efficient and costeffective way.
Our specialist services include:
• Business Valuations
• Divorce and matrimonial matters
• Shareholder and commercial disputes
• Private client and family disputes
• Professional negligence claims
• Fraud investigations
About Fiona Hotston Moore and the team Fiona qualified as a Chartered Accountant in 1990, is a Fellow of the Institute of Chartered Accountants in England and Wales and also a Chartered Tax Adviser. She is a member of the Academy of Experts trained as a Single Joint Expert and an Accredited Counter Fraud Specialist. She is an accredited Expert Member of the British Valuation Institute (BVI UK).
Fiona has considerable experience in business valuation, commercial and shareholder disputes, matrimonial and family matters and professional negligence matters. Fiona has been instructed as an expert in approximately 400 cases in her career to date. She is often
instructed as a Single Joint Expert. Fiona has given evidence on many occasions in the Family Court, High Court, International Arbitration, Tax Tribunal and has assisted in mediation.
In addition to acting as Single Joint Expert, Fiona acts as Party Expert, Shadow Adviser and in Expert Determinations.
Fiona is passionate about forensic accounting and working with fellow professionals to help clients resolve problems and move forward with their lives. Outside of her professional life, Fiona enjoys travel and has visited 58 countries. With the benefits of hybrid working she intends to add a few more countries to the list over the next few years.
Tom Arnold
Fiona is delighted that Tom has chosen to join FHM and, as an Assistant Director, will play a significant role in the continued development of the practice. Fiona and Tom have worked together for several years and many of our clients will already have worked with Tom.
Tom is a qualified accountant with approximately ten years’ experience in advising clients. In the last four years Tom has focused on forensic accounting and expert witness assignments and has worked with Fiona on a variety of cases including business valuations, matrimonial cases, shareholder disputes and professional negligence matters.
Graham Hines
Graham founded FHM with Fiona and looks after all the back-office facilities including technology, website, compliance and internal accounting to ensure we provide the quality of service that is important to us. Graham has assisted Fiona for many years on forensic assignments and is passionate about the quality of the product and is able to assist on complex financial analysis.
Outside of FHM, Graham has a passion for photography, classic cars and live music.
Other Specialists
Aside from Fiona, Tom and Graham, we have formal engagements with a number of specialists and work alongside regional accounting practices as appropriate.
We offer our services across the UK and occasionally beyond and we intend to develop the practice further with additional recruitment of individuals with a similar mindset in the near future.
Our forensic accounting services
We have a reputation for our specialist valuation services. We value businesses of all shapes and sizes. The valuation may be required for the purposes of a financial dispute or for commercial reasons. Our valuation services include:
• Company valuation
• Minority share valuation
• Partnership valuation
• Sole trader and one-man companies
• Employee share valuation
• Divorce business valuations
• Unfair prejudice
• Employee and director disputes
Divorce and matrimonial matters
Whatever the nature and size of the case, we ensure that our opinions are clear, relevant, credible, informed and costproportionate.
We can provide a preliminary fee quote based on minimum information and we aim to respond within two working days to every enquiry.
On smaller cases, including sole traders and partnerships, we aim to provide an efficient and cost-effective service. On
larger cases we have expertise in a breadth of sectors and experience in international groups, complex share structures and quasi-partnerships. We can assist with:
• Share and business valuations
• Liquidity reviews
• Capital extraction
• Taxation considerations
• Capital gains tax calculations
• Income assessment
• Shadow adviser reports
• Form E review
• Investigations
In conclusion
We value our strong relationship with our instructing law firms in East Anglia and beyond and we appreciate your support since we set up FHM Forensic Accounting. We look forward to working with instructing solicitors and their clients to continue to help resolve financial challenges.
Contact details
fiona@fhmforensic.co.uk
+44 (0)7770 642491
www.fhmforensic.co.uk
http://www.hertslawsoc.org.uk/
Optimising Law Firm Efficiency and Profitability with AI and Automated time recording
The legal industry has traditionally been resistant to change, but the emergence of artificial intelligence (AI) presents an undeniable opportunity to enhance efficiency and profitability for law firms. At a time when competition is fierce, the ability to deliver high-quality services while controlling costs is key. AI, when integrated effectively, allows law firms to meet these challenges headon, offering tools that streamline operations and provide more value to both lawyers and their clients.
AI has a profound impact on staff productivity. Human resources are the most expensive and vital asset in any law firm. By taking over repetitive, low-value tasks like legal research, document drafting, and even matter analysis, AI allows lawyers to focus on higher-value activities that require human expertise. AI-driven research tools, for instance, sift through vast legal databases in a fraction of the time it would take a lawyer, offering comprehensive insights while reducing possible errors from lapses in human concentration.
This shift not only improves operational efficiency but also provides an opportunity for legal professionals to enhance their skill sets. Lawyers can now focus on strategic, high-level work, thereby creating more
value for clients while increasing their own billing potential. However, AI is not a replacement for human judgment. It acts as a powerful complement, augmenting the lawyer’s role rather than diminishing it. To this end, law firms must embrace the idea that AI will redefine—not replace—how legal services are delivered.
Driving Efficiency Through Cloud Technology
To fully leverage AI, law firms must ensure that their internal infrastructure can support these innovations. Many law firms have already migrated their practice management systems to the cloud, where centralised data storage offers a perfect environment for AI applications to thrive. With access to a vast array of client information, case documents, and workflow data, AI can efficiently analyse and process large volumes of information, driving both innovation and operational improvements.
For those law firms that continue to rely on disconnected databases or outdated systems, the potential for AI-driven efficiencies is significantly reduced. If client and matter information is not organised and centralised, AI tools struggle to function effectively. The solution is to create cloud based practice management systems, ensuring that data is accessible, secure, and can be utilised effectively to improve both firm efficiency and client outcomes.
Increasing Billable Hours with Automated time recording
Another important technological development available to law firms is the ability to improve billing accuracy through automated time recording. Traditionally, time recording has been a manual process which can be prone to human error, leading to under-billing and revenue loss. Now, lawyers can track their billable hours
more precisely. With powerful tools that automatically record and assign time to specific legal tasks, ensuring that no billable work goes unrecorded. This improved accuracy not only enhances profitability but also alleviates the administrative burden on fee earners, allowing them to focus on more meaningful client interactions.
Such leading-edge technology provides a game-changing opportunity for law firms to optimise staff output, streamline operations, and drive profitability. Those firms that have put themselves in a place whereby they can embrace such technology, particularly by ensuring their data infrastructure is AI-ready, will be well-positioned to lead the way in the evolving legal landscape.
Gareth Walker, CEO, LEAP UK
About LEAP
LEAP Legal Software has been helping law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing worldclass legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience.
Dedicated to delivering cutting-edge and intelligent legal software solutions, LEAP’s team of specialist developers present innovative AI solutions that automate routine tasks, simplify document management, and enhance decision-making, allowing lawyers to do what they do best — practise law.
For more information, please visit www. leap.co.uk.
Deborah Biggadike v Kamilia El Farra & Anor [2024]
EWHC 1688 (KB)
Summary
The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.
Learning points
Learning points for instructing parties:
• It is best to disclose any potential conflicts of interest mentioned by the experts you instruct, to the court and the other parties, even if they appear minor or tangential.
• You should remind the expert witnesses you instruct of their duties and obligations and make a point of selecting expert witnesses who can demonstrate that they have appropriate training in those duties and obligations.
Learning points for experts:
• Engaging in normal professional activities, such as sharing a platform speaking at a conference or seminar with a colleague acting in the same case, should not by itself cause a conflict.
• Expert witnesses in smaller fields will naturally be aware of most, if not all, other experts and professionals working in their field, and this should not, of itself, cause a conflict.
• Nevertheless, you should disclose any such circumstances to your instructing party.
The Case
The claimant alleged that she underwent a TVT-A tape implantation procedure that would otherwise have been avoided because of breaches of duty by the first defendant. The claimant and first defendant alleged that that a subsequent mesh excision surgery and colpsuspension performed by the second defendant were a breach of duty.
The Experts
Three expert urogynaecologists provided evidence: Dr Sokolova, Mr Robinson and Mr Toozs-Hobson. The integrity of Mr Toozs-Hobon and (to a lesser extent) Mr Robinson as independent experts was attacked during cross-examination which sought to suggest that they had personal, professional and/or financial interest in the outcome of the trial and/or had a financial interest in the supply of vaginal mesh products.
Seminar
for urogynaecologists
During the course of the trial Mr Toozs-Hobon and Mr Robinson shared a platform speaking at a seminar for urogynaecologists which had been planned before the trial. Due to changes in the trial timetable, Mr Robinson was giving evidence over the weekend of the seminar, while Mr Toozs-Hobson was yet to give evidence. Both experts had informed their legal team of this professional commitment but had not informed the court or the second defendant or her lawyers.
The Judge’s view
The judge noted that it would have been preferable for this commitment to have been volunteered to the court and the second defendant. However, had it been disclosed, the judge would have done no more than to the remind the experts not to discuss the case between themselves, and Mr Robinson (who was in the process of giving evidence) that he was prohibited from discussing his evidence with any other person. The judge
was able to ascertain that this was in fact how the experts acted.
The judge went on to note that the sub-specialism of urogynaecology was a small one. Mr Robinson and Mr Toosz-Hobson already knew each other and the defendants before the case. She noted that “[i]t is entirely artificial to think that the organisation and attendance at the weekend seminar would have any effect or impact on [the experts’] evidence. Mr Robinson and Mr Toozs-Hobson had each already provided written reports and then a Joint Statement addressing a detailed agreed agenda. The quality of the substance of their opinion could be and was properly explored through the trial process.”
The judge rejected the suggestion that the experts had approached the task of giving evidence other than in accordance with their duties to the court.
She also rejected any suggestion that either had given evidence that had been improperly influenced by any hidden agenda of protecting personal, professional, or financial interests or had a stake in any particular outcomes in the litigation.
Sean Mosby https://ewi-live-portal.azurewebsites.net/News/Case-Updates/author/ sean-mosby
Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.
Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P’s next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.
Here are some of the ways in which a probate genealogist can help:
1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.
The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.
2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe
our international expertise can assist in even the most complicated of family make ups, and wherever people may live.
3. Ensuring you are aware of P’s existing Will and financial assets
Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.
4. Providing Evidence for the Court:
The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.
Insights into the research process
A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.
Case
Study
At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.
Our research first confirmed that P had no children and was an only child.
Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.
During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.
As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.
Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational.co.uk, call 0800 085 8796 or visit our website www. findersinternational.co.uk
