issue 45 Winter 2019/20
Hertfordshire Law Society Gazette
Herts Law Society President's Investiture
Our New President, Neil Johnson Details on page 5 Also this issue: • Victims of domestic abuse - are Law Students filling the gap left by Legal Aid cuts? • Surrogacy and what to think about • Wellbeing and the sole practitioner • Philanthropy and the role of professional advisors and much more...
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Contents
Hertfordshire Law Society Gazette
Contents issue 45 Winter 2019/20
4
Council Members for 2020
5
From the President
6 Are we relying on Law Students to fill the gap left by Legal Aid cuts for victims of domestic abuse? 8 Hertfordshire Law Society vice-president Steve Hamilton 8 Mewsings from the Immediate Past President’s Cat
9 Jessica Moseley - Honorary Secretary and Treasurer
21 2020: New year, new brand for your law firm?
13 Annual Bar and Young Bar Conference 2019
24 Sperm donor anonymity - a distant memory?
18 Philanthropy and the role of professional advisors
28
Wellbeing and the sole practitioner
30 Fairweather Law rolls out superior combined Quill-Redbrick package
20 Surrogacy and what to think about
Hertford
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DISCLAIMER: the views expressed by the writers in this magazine are not necessarily those of the Hertfordshire Law Society
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Council Listings
Council Members 2020 President Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation
Members Robert Bedford Machins Solicitors LLP (Luton) Employment
Vice President Steve Hamilton Taylor Walton LLP (Harpenden) Private Client
Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing
Hon Secretary and Treasurer Jessica Moseley Debenhams Ottaway (St Albans)
Marilyn Bell SA Law (St Albans) Family
Immediate Past President Judith Gower Hertfordshire County Council (Hertford) Local Government
David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts
(From January 2020 until 31 December 2020)
Penny Carey University of Hertfordshire (Hatfield) Academic
Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Employment
Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner
Amanda Thurston Curwens (Hoddesdon) Family National Council Member Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation
Attia Hussain Crane & Staples (Welwyn Garden City) Family Claire Sharp Debenhams Ottaway (St Albans) Private Client
The Law Society Relationship Manager – East Jack Dunkley Parliamentary Liaison Officer Judith Gower
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Hertfordshire Law Society Gazette
Editorial
From the President... It is a great honour to have been elected as President of the Hertfordshire Law Society for 2020. I am very much looking forward to representing the members of the Society with my fellow Council members over the coming year. I would like to open by expressing gratitude on behalf of the Society to our 2019 President, Judith Gower. Judith’s hard work throughout the year has ensured that our members have had a voice at both a local and national level. Those of you who were fortunate enough to attend the annual dinner were treated to a celebration the centenary of the Sex Disqualification (Removal) Act 1919, which paved the way for women to become lawyers for the first time. This provided a fitting focus for the evening, which reflected on the great pride Hertfordshire law firms should take in the progress which has been made in opening the profession to all of talent. I know that this work that we will continue to support.
events, brilliantly organised by Elizabeth Russell and Tom Axon amongst others. As someone who took a rather circuitous route to qualification, I appreciate just how tough it is to get started, so look forward to working closely with Penny Carey at the University of Hertfordshire and meeting with aspiring lawyers throughout the county. Finally, to finish with a plug, the annual dinner this year will return to Hatfield House on 11 June 2020. I hope to see as many of you there as are able to come. The evening is now an even more special occasion as the Society presents its awards to local practitioners, both new and experienced. Details of the awards and nomination forms will be available in the spring. With so many excellent lawyers, we look forward to the difficult task of choosing the winners. In closing, on behalf of Council and myself I wish you all a successful and prosperous 2020. Neil Johnson President Hertfordshire Law Society
I am extremely grateful to Jessica Moseley for taking on the role of Society Treasurer and Secretary and also to Stephen Hamilton on his election as Vice-President. I would also like to record the Society’s great indebtedness to our outgoing Honorary Treasurer and Secretary, Claire Sharp, and her secretary, Stacey Balkin, for the huge help they have given to the Society. As I commence my year of office, Law Society President, Simon Davis, is halfway through his term and will be succeeded by David Greene in July. Both have highlighted the challenges to ensuring access to justice for all, which many colleagues in Hertfordshire will recognise as court closures, reduced access to legal aid and the increase in those offering legal services (whether unregulated paid for services or lay representatives) take effect. As solicitors we have a great story to tell, not just with regard to the services we provide in furtherance of the rule of law, but also in purely financial terms. UK legal services contributed just under £28 billion to the economy in 2018 and ours is a jurisdiction of choice for many in business. As President, I will do all that I can, however limited that may be, to support Simon and David in their efforts to influence our new government’s policy on this vital social and economic asset. In addition to supporting the Law Society’s wider aims, I am also looking forward to meeting as many members of the Society at social and educational events. As Vice-President I have particularly enjoyed attending our Junior Lawyers’
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Articles
Are we relying on Law Students to fill the gap left by Legal Aid cuts for victims of domestic abuse? T
he cuts to public funding started by LAPSO (2012) hit many areas of the profession. In April 2013, Family Law was hit particularly hard with virtually all legal aid for private cases being stopped. The Government argued at the time that vulnerable clients were still protected because there would continue to be legal aid for those suffering domestic abuse (if the client could get over the Domestic Violence Evidence Gateway hurdle). Further, couples in dispute would be encouraged to find early resolutions outside of court. Arguably, the veiled suggestion was that the professionals were somehow encouraging clients to take cases to court which could have been easily settled amicably using Alternative Dispute Remedies. To add insult to injury, the Government introduced a new requirement for any party wishing to issue a family court case (save for a few exceptions) to attend a MIAM (Mediation Information and Advice Meeting). Presumably because they did not trust the professionals to provide such information to clients themselves. The facts and figures of what has happened since speak for themselves:n There are fewer family lawyers offering to do legal aid work (even if the client can meet all the eligibility criteria) – with some local authorities having no family lawyers offering legal aid – particularly hitting rural
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areas, where access to legal advice can be limited anyway; n Far more parties are representing themselves at court - 16% of children cases had both parties as Litigants in Person (LiPs) before the cuts, which increased sharply to 42% within less than a year; n Personal Support Unit, the charity providing emotional and practical support in 23 courts across the UK were utilized 7,000 times in 2010/11 – jumping to over 65,000 times by 2017/18; and n The need for legal aid mediation has declined, whereas the overall number of family court cases being started has increased Ask any member of the profession or judiciary, or of the other organisations directly affected by LiPs and you will hear complaints about increasing problems and delay. The MoJ want to close more courts and speed up court cases, but arguably any money they saved on the legal aid cuts has gone on providing more family court services – whether it be administrative staff correcting forms; the judges and magistrates spending longer with each hearing; or more cases having to be referred to CAFCASS. The Government published its 5 year review of LAPSO in February 2019. It admitted there were more LiPs within the Family
Amanda Thurston
law system and that they require more support. However, it did not accept that the justice system could not function with the increased presence of LiPs, and claimed that access to a lawyer was not always the correct or most affordable answer. Various organisations have tried to meet the ever increasing need, and provide assistance to those who cannot afford to instruct a professional - but telephone and electronic assistance is just not the same as face-to-face advice and support. These are often distraught clients at their most vulnerable, and they need proper help. It was the Government itself who stated that “Justice is at the centre of a safe, fair and prosperous society and this Government is committed to protecting and guaranteeing access to justice for future generations.” In Hertfordshire, the University (like others across the country) is trying to help fill the family advice void. Its new Law Clinic offers free legal advice to the public on a number of areas – including family law. All work is supervised by qualified solicitors (whether from within the university or from local law firms assisting on a pro bono basis). As well as the Law Clinic based at the University’s campus in Hatfield, there is also a satellite Family Advice Clinic run in partnership with a local Charity - Future Living Hertford. This is an award winning charity for both men and women suffering from domestic abuse – and it is those victims
Hertfordshire Law Society Gazette
Articles
but it is much more than just a telephone call or email. Further, with the support of the charity, it means there can be true safeguarding checks and referrals made for extra support where needed.
who need to know their legal rights, but are often unable to access expert advice.
This can leave the victim feeling that justice has not really been served.
The Crime Survey for England and Wales showed that in the year ending March 2018, an estimated 2 million adults experienced domestic abuse (1.3 million women: 0.7 million men). During that same period the police recorded just under 0.6 million domestic abuse-related crimes. However, the police only made 0.25 million arrests for those offences - which equates to just 8 arrests per 100 incidents. What these figures show is that there is a huge number of victims who either refuse to report matters to the police, or have done so and found no acceptable resolution. Their usual recourse is then to make an application to the Family Court for injunctions to at least keep the perpetrator away from them, and potentially their home. There is no actual punishment however, and often the court orders are made without any “finding of fact” or blame being admitted, to save time.
The Government has already recognised the need for change and it is hoped that with the re-introduction of The Law Clinic is a the Domestic Violence Bill Ask any great addition to the in the Queen’s Speech member of existing pro bono next month and the the profession or services offered by recent appointment of judiciary, or of the other the University of the Domestic Abuse organisations directly Hertfordshire – and Commissioner, victims affected by LiPs and you offers a fantastic will be able to have better will hear complaints about opportunity for the access to justice. increasing problems law students to build and delay. their confidence and The students at the University develop the kinds of skills of Hertfordshire (and their valued by employers such supervising lawyers) are meeting the victims at the Future Living charity as communication and legal research. face-to-face so they can feel they have been However, is it right that this type of pro properly listened to. They are then provided bono work is being used to paper over the with verbal and/or written advice. This gaps left by Government reforms ? What is not the same as a professional adviser sort of message does this send out to the representing a victim on an ongoing basis, next generation of our profession?
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Articles
Hertfordshire Law Society vice-president Steve Hamilton W
riting an article about myself is a sizable leap outside of my designated comfort base – which to be specific is my Harpenden office at Taylor Walton. Working at a relatively large regional firm could potentially make one feel overlooked, but our office in Harpenden has a family atmosphere, which is wonderful for our staff but perhaps makes tasks like this one – writing a piece about myself for the Hertfordshire Law Society Gazette – a little more daunting. Once I had recovered from my initial unease, I began to think about why this personal introduction to me as the new Vice President of the Hertfordshire Law Society is such an important task: I began to read similar getting-to-know-you pieces from the archives, and I spoke to some of my colleagues about their experiences. So a bit about me! Well, I studied Law and Criminology at University with the original intention of pursuing a career in the police. However, during my studies I found
that I had a more natural aptitude for the technical side of law and from there I went on to complete my Legal Practice Course (LPC). My training contract was with a regional firm in the North Hertfordshire and Central Bedfordshire areas. I subsequently joined Taylor Walton upon my qualification as a solicitor in 2007; I was a little fresher faced and had a little more hair, but being newly qualified, I also had some learning to do. Taylor Walton is highly experienced at nurturing and encouraging its trainees and newly qualified solicitors and this shows in its staff retention. Indeed, a significant number of our present partners started their careers at Taylor Walton as trainees and we are also pleased to be leading the way locally with the new legal apprenticeships; offering young talent further opportunities to achieve their career aspirations. I’ve also done much learning outside of the legal world: I’ve got two sons who keep me terrifically busy playing sports, helping with homework and learning about Pokemon. We are an outdoorsy family
and love walking, cycling and geocaching. These activities really help to refresh the mind ready for another intense week at the office. Spending time with my family is one of the ways I like to recharge at the weekend. Attending Law Society meetings have been another useful tool for me to vary my working week away from my office family. An organisation like the Law society is special because it is designed to bring together a hive mind of dedicated professionals. It’s crucial that we learn about each other’s strengths and experiences so that we can make the best use of our fantastic resource… each other. I have really enjoyed getting to know my fellow Council Members over the past few years, and I trust that my new role as Vice President will enable me to strengthen those relationships further. I am looking forward to assisting Neil (Johnson) in representing you this coming year. Steve Hamilton Vice-President Hertfordshire Law Society
Mewsings from the Immediate Past President’s Cat
I
have just been told that I am no longer the president’s cat but the Immediate Past President’s Cat! I should think I need a better title than that. Can any of you think of one? Your immediate Past President finished the year by going to several events, Church services, lunches and so on. Did she take me or bring me anything back, no she did not! She also had a Christmas bauble with her face and name on it that a law firm called Crane & Staples sent her. She was highly delighted I can’t think why; they should have put me on a bauble as I am much better looking and adorable than she is. One thing with this Christmas thing is
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that I have discovered that I love cheese, cheddar, stilton, anything and pringles. The trouble is I get told they are not good for me as I’m only a cat so you can see me here having to hoover up the crumbs from the carpet. I’m sure they are better for me than them! I also think that cheese is much tastier than mice. I haven’t
caught my usual quota yet this winter so I will have to go hunting sometime. Last time I got a mouse it was alive and it ran round the dining room for several days, they were not amused. That mouse liked cheese as well. Not only was there Brexit but there was an election! Oh the discussions around that they hardly listened to the news at all. I still don’t understand politics but luckily for me I’m a cat and I don’t have to. I certainly don’t envy you humans having to try and understand what is going on. You can follow me on Instagram and I might even follow you! @princessgig2019 #catsofinstagram
Hertfordshire Law Society Gazette
Articles
Jessica Moseley Honorary Secretary and Treasurer for the Hertfordshire Law Society
H
ello, my name is Jessica Moseley and I am pleased to be the new Honorary Secretary and Treasurer for the Hertfordshire Law Society this year. I am a Private Client Solicitor at Debenhams Ottaway in St Albans. I grew up in Herts, Beds and Bucks and moved back to the area with my husband in 2018 having spent the last 7 years studying and working in Kent (in particular the beautiful city of Canterbury).
I am also a keen knitter and enjoy making blankets and socks for my friends and family. I am looking forward to the coming year with the Hertfordshire Law Society.
I qualified as a Solicitor in 2016 and was the Junior Lawyer Representative for the Kent Law Society for 3 years having taken up the role as a Trainee Solicitor. I am very passionate about sport, in particular, Olympic Weightlifting and I spend as much time as possible training at the gym 6 days a week and counting my carbs for weigh-in at my next weightlifting competition in the diary! I also train and compete in ‘Crossfit’ alongside my Olympic Weightlifting, which I love.
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Charity
Record level of legal advisers talk Gifts in Wills with clients • 68% of solicitors/Will-writers always or sometimes raise the topic of charitable bequests proactively during Will-writing • Only 7% of advisers never proactively reference legacy giving with clients • 20% of Wills currently handled by legal firms annually include a charitable donation LONDON, 10 DECEMBER 2019: More UK legal advisers are initiating discussions with Will-writing clients about the option of leaving a charitable bequest than ever before, according to a tracking study from Future Thinking. Commissioned by the 200-strong charity consortium Remember ACharity, the study reveals that 68% of solicitors and Willwriters always or sometimes proactively raise the subject of legacy giving with clients, up from 58% in 2012. Almost one quarter (24%) occasionally raise the topic with clients, while only 7% say they never do, down from more than twice that (16%) in 2012.
IN NUMBERS
71%
ADVISERS WHO ALWAYS OR SOMETIMES REFERENCE THE TAX ADVANTAGES OF LEAVING A GIFT TO CHARITY
10,000 CHARITIES NAMED IN WILLS ANNUALLY
20% OF WILLS ADMINISTERED ANNUALLY CONTAIN A CHARITABLE BEQUEST
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Rob Cope, Director of Remember A Charity, says: “Over the years, we’ve seen a marked change in the way that advisers are approaching gifts in Wills with clients. Legacy giving is becoming more common across the client base, and there’s much less reticence when it comes to raising the topic of charitable giving.” The consortium recognises the key role that advisers play in normalising legacy giving and raising vital funding for good causes annually, with research from the Behavioural Insights Team demonstrating that referencing the option with clients can double the proportion of those that go on to leave a gift. Cope adds: “Increasingly, advisers now see discussions about gifts in Wills as part and parcel of offering a comprehensive service to clients. In most cases, clients will want to look after friends and family first – and that’s something we’d encourage. But a simple question asking all Will-writing clients if they’d like to consider leaving a donation too can make a huge difference to the number of people that choose to give in this way." On average, advisers report that 20% of the Wills they administer annually contain a charitable bequest, having risen steadily from 16% in 2012. 85% of the legal firms in the study had assisted in administering estates that included a charitable donation. The proportion of Wills going through probate that include a charitable bequest has risen from 12.2% to 15.8% over the past decade, with more than 10,000 charities named in Wills annually[1].
Rob Cope, Director Remember A Charity Advisers that always open up legacy giving conversations with clients typically do so because it is part of their standard Will-writing process or because they want to alert clients to the tax breaks linked to leaving a charitable bequest. More than seven in ten (71%) of advisers always or sometimes reference the tax advantages of leaving a gift to charity. Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated.
• Remember A Charity is
now working with the legal sector to develop a new suite of materials that will help to bring greater consistency and demonstrate best practice for the way that advisers can reference charitable giving with clients.
Hertfordshire Law Society Gazette
AL EG AC YO FH OP E We want to improve the outcome and quality of life for the one in six people affected by a neurological condition. We do this by funding pioneering research, providing access to the best technology for expert diagnosis and treatment, and training tomorrow’s clinicians.
Gifts in Wills are one of our most vital sources of income and are crucial in continuing this work at The National Hospital and the UCL Queen Square Institute of Neurology. Planning ahead now can help so many people in the future.
To find out more about leaving a legacy, go to nationalbrainappeal.org The National Brain Appeal, Box 123, Queen Square, London WC1N 3BG
Registered Charity No.290173
“I’m leaving a donation in my Will to help improve the future for people with neurological conditions”
Moorcroft Racehorse Welfare Centre Huntingrove Stud, Slinfold West Sussex RH13 0RB
We are a re-training and rehabilitation centre in West Sussex. We care about any ex-racehorse’s health and soundness and have much experience in helping these horses to a better life especially after injury or surgery. We have much experience in correct and functional rehabilitation that has lasting benefits. We take in many ex-racehorses that have been over-used for racing and are injured and poor in their condition and we do all we can to give them a better life. Here is an example of an undernourished racehorse that came to the centre straight from the track, lame and with a sore back. After better feeding, careful rehab work and gentle strength-building schooling here he is looking a much healthier happier horse. All this costs money and we are not funded by the Racing industry anymore.
Please consider us for a donation or a legacy as it will be very well spent and appreciated n
For more information on this worthwhile charity please ring Mary on 07929 666408 www.moorcroftracehorse.org.uk
We are BHS approved and highly commended
Articles
Annual Bar and Young Bar Conference 2019
A REVIEW BY PHILLIP TAYLOR MBE, REVIEWS EDITOR, “THE BARRISTER” It was a quieter affair this year with a different, less rushed format to suit these unpredictable times during an unexpected general election campaign. And the theme was undoubtedly and unashamedly about and starring women in this centenary year. In the morning, the Bar Council produced a “Manifesto For Justice: Urgent Action Required” introduced by the chair of the Bar, Richard Atkins QC, which sets out the views the Bar hopes the politicians which follow- “Fat chance!” some may say, but do read the Bar’s manifesto which illustrates much of what we heard today at the two Conferences today. Richard opened the proceedings to well over 100 attendees with his easy Midlands charm and he thanked Rachel Langdale QC who headed the team organizing the event. There were fewer “break out” sessions (which many were happy about) and the two undoubted stars were Lady Hale and Lady Justice Thirlwall who gave keynote speeches. Brenda Hale needs no introduction to lawyers as President of the Supreme Court. A prominent judge who has produced a hit book called “Judge Brenda and the Supreme Court – Equal to Everything” from the Legal Action Group, the work follows Hale’s career and is a brilliant read. The speech was “Here’s to the second century of women lawyers” which captured the struggle woman have faced as we celebrate 100 years of women as Counsel. Today, many will find it amazing to read of the struggle both at the Bar and at the Bench. It was nice to hear a bit of criticism of last year’s speaker, Lord Sumption, who was, shall we say, somewhat dismissive
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of gender equality amongst the judiciary. Brenda put Jonathan right quickly predicting parity by 2033. Let us hope she’s right, and it’s not 50 years. The proportion of women in the higher courts is somewhat lower, but “it’s obvious that we still have a long way to go with women in the law both in the profession and the judiciary”. As candid as ever, Hale continued that “the reason women are not taking silk is that they are not applying. They are reluctant – or a more worrying reason is that they are not getting the kind of work that will qualify them to apply.” And there lies the same problem for the Young Bar, brilliantly represented this year by Athena Markides, who battled on whilst suffered from Counsel’s enemy – a hoarse voice! We heard several similar views about quality of work as money was rather off the agenda because of election purdah. Brenda is always a treat to listen to for sheer intellect and practicality whether one likes her decisions or not (government please note). Today was no exception and she ended saying “the momentum is with us; the force is with us… People are now recognizing equality issues that were not recognized before”. After 10 years celebrating our UK Supreme Court, the pages are turning more towards gender equality than many of us could have imagined as we passed the exhibition of “women lawyers” down the century but there is more to do. We were looking for the “take-away” points from the breakout sessions and they came aplenty in both the criminal/ family session and the commercial
PHOTO: ANELE TRENTIN
Judge Brenda sets an exciting 2020 agenda
disputes admirably chaired respectively by Lord Hughes and Mrs Justice Carr. The small number of exhibitions proved an exciting detour during coffee, chatting to the publishers, tunic shirt sellers, and Inner Temple with the squeezy judges (to aid concentration, no other purposes!). For the afternoon session we heard from Lady Justice Kathryn Thirlwall on “Court Reform”. I expected it to be somewhat depressing just after lunch but we had heard mention of the name of excellent Richard Susskind involving his new tome concerning “Online Courts” so the speech and questions from Kathryn offered a very clear picture of the problems she will face in 2020… and she did not stray for one moment into the political arena although tempted by the journalists present (as usual). And from the questioning, we all knew where the problems are- the court estate; lack of repairs; judicial sitting days; and so on. The light-bulb moment for me, towards the end, were echoed by the words of Richard Atkins summing up his year - “the profession remains in good hands”. It does, and with just a bit more political goodwill from a less-Brexity Commons, 2020 may prove to be a much more optimist year for all parts of our legal profession… And yes, in case you ask, “The Secret Barrister” was there, via skype and a laptop used by his/her best friend who works in a zoo (couldn’t work that one out) and acted as a spokesperson. SB did not disappoint, and neither did the speakers who made this a memorable day as we move to the next century of women lawyers.
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AGM Notice
Annual Dinner 2020 The Old Palace Hatfield House Thursday 11th June 2020 Save The Date!
WE ARE DELIGHTED TO CONFIRM THAT THE HERTFORDSHIRE LAW SOCIETY 2020 ANNUAL DINNER WILL ONCE AGAIN TAKE PLACE IN THE BEAUTIFUL TUDOR OLD PALACE AT HATFIELD HOUSE We look forward to welcoming you, your colleagues, clients and guests at the Society’s popular annual summer event. More information will be available in the next few weeks.
HERTFORDSHIRE LAW SOCIETY LEGAL EXCELLENCE AWARDS 2020
If you would like or need further information at this stage, or if you would like to reserve a table please contact Stacey Balkin at: ssb@debenhamsottaway.co.uk
Nominations will shortly be open for the Hertfordshire Law Society Legal Excellence Awards 2020. Three awards will be announced and presented at the Hertfordshire Law Society Annual Dinner on Thursday 11 June 2020, Hatfield House. The Deadline for nominations will be 17 April 2020 Shortlist of nominees will be announced on 8 May 2020 and final winners to be announced at the dinner. The award categories this year are:
Trophy Junior Lawyer of the Year Award 2020 Trophy Legal Team of the Year Award 2020
Trophy Outstanding Contribution Award 2020
Further details, nomination forms and how to apply will be circulated to members by email in the coming weeks
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Hertfordshire Law Society Hertfordshire Law Society Gazette
Beat the winter blues in 2020 with a stunning sapphire
Celebrating 260 years of putting the sparkle in to Hitchin
G AT WA R D S O F H I TC H I N 20 Market Place, Hitchin SG5 1DU | 01462 434273 | www.gatwardsofhitchin.co.uk
Expert Witness
When it comes to supporting the rule of law... experts matter As Lord Neuberger (above) delivers the keynote address at the annual conference of the Expert Witness Institute in October 2019 Elizabeth Robson Taylor of Richmond Green Chambers went along to observe…
The judge needs help ‘When it comes to expert witnesses,’ Neuberger said, ‘the whole point is that the judge needs help, because he or she does not know about the topic. It is almost more dangerous for a judge trying a case when they know about the topic than when they don’t.’
Looking back on autumn, lawyers will recall that it isn’t just a season of mists and mellow fruitfulness (although most do enjoy these). With predictable regularity, the falling leaves of autumn not only herald in the new legal year, they also create a really quite inspiring backdrop for fruitful new opportunities to meet, greet, network, contemplate and confer.
Neuberger then addressed a number of other topical issues, covering a number of key points. He referred, for example, to the then recent historic decision of the Supreme Court that Parliament could not be prorogued. Also, under scrutiny in his speech were the differences between ‘negligence’ ‘recklessness’ and ‘dishonesty.’
Yes, the season of conferences kicks off in autumn, usually commencing - as far as the legal profession is concerned with the annual conference of the Expert Witness Institute at Church House, Westminster - an event of particular interest to lawyers. The testimony of the highly qualified, rigorously trained expert witness can be crucial in court across a range of cases and circumstances, as Lord Neuberger emphasized in his keynote address - and it is the primary aim of the EWI to foster and nurture this role. As EWI Chair, Martin Spencer has insisted - ‘it has never been more important to have a credible voice for expert witnesses highlighting the critical role they play in our justice system.’ If anything, the Conference held up a mirror to the uncertainties of 2019, with its stated theme expressed as: ‘Nothing stays the same; is everything changing?’ Well, yes, actually - the implication being that as moving with the times is an imperative, mental agility and a willingness to adapt to change are what you need in any profession when ‘nothing stays the same.’ As Conference Chair and EWI Governor Amanda Stevens reminded the delegates in her opening address, ‘change is the only constant.’ At the same time, impartiality on the part of the expert witness is also key, a point emphasized by Lord Neuberger, retired President of the Supreme Court. ‘Experts,’ he said, occupied a ‘very difficult position’ in balancing their duty to the paying party with their duty to the court. While conceding that there is ‘no perfect answer’ here, he pointed out the necessity for everyone to bear in mind their responsibilities.
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Primarily, ‘negligence’ stems from carelessness. ‘Recklessness’ means you don’t care whether you’re wrong or not, ‘Dishonesty? Basically, a deliberate lie when the liar who’s lying knows he’s lying but lies anyway. The Attorney General’s advice relating to the above-mentioned case was therefore not ‘negligent’, merely ‘wrong’. (A controversial view if there ever was one). Referring to a specific case, Neuberger stressed the importance judges assign to honesty, warning that in the event of dishonesty, ‘the law will come down on your head.’ Other issues, such as over-long documentation and contingency fees were also brought up. The former is disapproved of due to time constraints and the destruction of paper. The latter ‘make judges uneasy’ in view of the expert’s obvious financial incentives. ‘If you are charging on this basis, make sure the court knows,’ is Lord Neuberger’s advice.
architecture and accountancy to a range of medical specialisms), but all need further instruction on such matters as court procedure and writing expert reports. Also useful are the opportunities for networking that conferences provide. ‘People who don’t come to these conferences,’ observed Lord Neuberger, ‘are the very people who should.’ ‘Boris the Spider’ … and the Lady and the Brooch Certainly, if you were one of those experts who for whatever reason, had decided not to attend the Conference you’d have missed having a laugh at. Martin Spencer’s reference - in his Chair’s address to the delegates - to Lady Hale’s now famous sparkling arachnid brooch which sparked no small amount of comment. Could this item of jewellery have been an oblique reference to the classic ‘Who’ song, ‘Boris the Spider?’ (‘Look who’s crawling up my wall’ etc, etc.) Considering that anything to do with Brexit has been monumentally somber and serious, this bit of lightheartedness was to be welcomed. In all, however, Spencer’s speech was very much on the same or similar page as Lord Neuberger’s. Focusing on the changing context for expert witnesses, he stressed that the ‘critical role the expert witness plays in the justice system necessitates their compliance with the relevant legislation and regulations.’
Generally, the relentlessly increasing pressures on time and costs, is exacerbated by what Lord Neuberger termed the ‘tsunami of documentation’ a problem which might, he added, be dealt with in the future by AI - Artificial Intelligence.
Quite rightly he has taken the view that experts appointed by instructing parties have the qualifications they say they have. A leading clinical negligence barrister from Hailsham Chambers, Spencer had some pithy things to say about experts who may be experts in their own area, but not expert in understanding their duty to the Courts. ‘The time has come,’ Spencer insisted, ‘when experts are accepted only when their credentials as experts are verified.’ Discussions and speakers
Losing our jobs to robots? Obviously, there are ‘no magic answers’ to this question as, like Brexit. and its longterm effects, so much is unknowable. So, the image of a row of robots perching in a future Supreme Court is definitely in the realm of fantasy.
Following a subsequent panel discussion chaired by barrister and professor of law science, Penny Cooper in which Martin Spencer participated, the conference featured a range of topics presented by distinguished speaker after distinguished speaker.
In the here and now, however, the future of the EWI hinges on training. Many useful courses are available for EWI members and certainly training is one of the benefits of EWI membership. Experts may be expert in their own respective fields (from
‘I have no doubt,’ said Martin Spencer in his welcome note to the delegates, ‘that you will leave here at the end of the day a better and in particular, a more confident expert’. It is unlikely that any delegate would have disagreed with that.
Hertfordshire Law Society Gazette
Dr David Nathaniel-James Consultant Clinical Neuropsychologist HCPC Registered Clinical Psychologist, Chartered Scientist BA, MSc, PhD, DClinPsy, CPsychol, CSci, AFBPsS
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09/11/2016 17:06
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Articles
Philanthropy and the role of professional advisors I
ndividuals, families and businesses are becoming increasingly philanthropically minded as a result of a proliferation of threats such as climate change, diseases and social need. As a professional advisor, you will likely have clients who care about their community and want to give something back but may not know where to start. They are probably already supporting a number of different charities, but may have reached the point where they would like to take a more strategic approach. Indeed, I have found that lawyers are often the first port of call for philanthropists – individuals will usually approach a private client solicitor in the context of the management of their own personal affairs and corporates tend to discuss the matter with commercial lawyers. But what do clients hope to achieve in setting up a charity? This is a really important conversation to have with a client at the very beginning – especially since philanthropy advice has become more specialised in recent years. In the past, clients usually made donations to an existing charity and allowed that charity to carry out and monitor the grant making, perhaps with certain personal requests. But it’s fair to say that these clients would be relatively hands-off. However, in recent years, there has been a growing tendency for individual philanthropists to establish their own charitable entity and operate it themselves. This allows individuals to carry out a more bespoke form of grant-making. And this is good example of when we, their professional advisors, can add benefit and guidance. Philanthropic clients often have clear vision and motivation. They know what they want to achieve. It’s a duty of ours to convert that energy and vision into realism and practicality, based on solid evidence that they have done their “homework”. We need to ensure that clients can demonstrate how their intended charity will fit in with existing facilities and services to fill gaps. Just as importantly, we must all make sure that this new charity will deliver demonstrable benefits – be that to both
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the intended immediate beneficiaries or to the public in general. In practical terms this means that we need to carry out a proper objective assessment with the client, not just of the need they are proposing to address but what other facilities or charities are already in place to address that need. Which brings me back to this notion of starting at the beginning: if other charities do already exist then they need to question why they cannot join with them and contribute to their activities rather than setting up a new charity. If it is determined that there is a need and desire to create a new charity then what governance issues may arise? Professional advisers add most value by guiding on how to set the project up properly - specifically whether it should be an incorporated charity or an unincorporated association or trust. These choices are important, since an incorporated organisation is regarded by law as its own entity that can employ paid staff, enter into contracts in its own name and own freehold or leasehold land or property. Crucially, the trustees of a corporate body generally aren’t personally liable for what it does - whereas those of an unincorporated one are. Clients could also misunderstand the very notion of what a charitable donation is: the placing of funds into a separate charity means that they will be held on a public trust for charitable purposes and are no longer the property of the individual donor in question. This can come as a surprise to some clients. To that extent, there can be emotional tension in entities set up as a result of philanthropy. It’s a shame that without proper advice, the well intentioned philanthropy of an individual can lead to misunderstanding around permitted dealings between the charity and the individual. This is a risk. All charities, once constituted, must be independent of their founders and must be operated as such to mitigate such risk. Philanthropy is also often a family activity and trustees are rarely heartened to hear that it is not possible for all the trustees of the charity to be family members. The need to have an independent trustee is even more acute in circumstances where
the charity’s money and the individual’s personal affairs overlap (for instance, where the charity’s funds are invested in family companies or where the charity contracts with related parties). In most cases, individuals have a good idea of what they want to do and often have a particular project in mind, which is frequently connected with personal experience. This might be a health concern or an area of need in the individual’s local area or home country. However, people often lack the expertise to implement their ideas and are not aware of the best routes to achieve what they need – this is why they seek the advice of professionals with expertise in the ways charitable organisations work. I have observed that while many philanthropists are experienced business people and are adept at commercial dealings in their professional business lives, they sometimes fail to apply the same commercial rationale to the handling of their charitable dealings. To that extent, their charitable decisions can be based on emotion and not on commercial rationale and, ironically, they often need guidance to steer them in the right direction in relation to the management of the charity and the spending of its funds. However, whilst the appetite for setting up bespoke charities has increased, the individuals I see can occasionally lose their enthusiasm for managing the charity after it has been established. This is another significant area of concern for us as professionals, since governance can decline rapidly following registration of the charity. Clients sometimes fail to take into account the level of funds required to ensure proper governance of the charity, including accounting work and dealing with the raft of policies and procedures required by the Charity Commission. It is vital that we prepare them for the realities of such procedure at the earliest opportunity. For further information please contact: Steven Hamilton E: steven.hamilton@taylorwalton.co.uk T: 01582 765111 W: www.taylorwalton.com/our-people/ steven-hamilton
Hertfordshire Law Society Gazette
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Articles
Surrogacy and what to think about Surrogacy can be more complicated than prospective parents may think. It is well worth looking into the legal position as part of initial enquiries for anyone considering a surrogacy arrangement. One of the unusual aspects is that most often, if a step is taken which is legal in another country, it is recognised under English law as being legal here. A good example is a marriage that is legal in another country is, in nearly all cases, recognised in England and if a couple meet the jurisdiction requirements they can get divorced in England. Surrogacy is one of the exceptions. It is possible in some countries to make all the surrogacy arrangement appropriately, through a clinic, and when the surrogate mother gives birth the prospective parents have both their names put on the birth certificate without there being any mention of the surrogate mother. In these countries, this meets the legal requirements. The parents then return to England with the birth certificate showing them as the parents of their child. However, as a matter of English law, they are not legally recognised as the child’s parents unless they obtain a Parental Order. An application can be made to the High Court for a Parental Order. They will need to provide the surrogate’s consent. If the surrogate mother is married, her husband is also legally the father of the child prior to the Parental Order. He will also need to consent. If a period of time elapses before the parents realise this, it may be difficult for them to contact and obtain the necessary consents. They will then be facing the process of proving the endeavours that have been used to try and trace the surrogate mother and, if appropriate, her husband. Until a Parental Order is obtained there could be unforeseen consequences. If the relationship breaks down and one
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parent leaves the country with the child the legal process of trying to obtain the child’s return could be extremely difficult if the parent who is still in England is not recognised as a legal parent. The Law Commission of England and Wales and the Scottish Law Commission have prepared a consultation paper which outlines proposals to reform the law of surrogacy. It is still in the early stages. However, the proposed changes would simplify the process for surrogates and intended parents and put in place safeguards for all participants. The proposed changes include:1) A new surrogacy pathway will be created whereby, subject to meeting the specified criteria, the intended parents would be considered as the legal parents from the child’s birth and also have parental responsibility. There would be a period of time after the birth when the surrogate could raise an objection, but the onus is expected to be on the surrogate to take this step. 2) On the proposed pathway CAFCASS Parental Order reporters would not be needed to assess the family or produce a report as they do at present. Safeguards would be put in place prior to conception with the intended parents being screened by the designated body overseeing the surrogacy (such bodies would have to meet the required criteria for this role). It is expected that the screening process would include: a) Medical testing b) Counselling for all parties c) Independent legal advice for all parties
Marilyn Bell d) Enhanced criminal records certificates 3) At present, the law requires a child born from a surrogacy arrangement to have a genetic link with one of the intended parents if a Parental Order is to be granted. It is proposed that this requirement is removed in the new pathway but only in cases of medical necessity. 4) As the law presently stands, no money or other benefit is to be acquired by the surrogate except for expenses reasonably incurred. The Court currently has discretion to authorise payments beyond reasonably incurred expenses and can do so retrospectively. The consultation paper is unclear at the moment as to what payments can be made to a surrogate and what should be restricted. It is thought, however, that there should be clarity on the new pathway. 5) The proposal is also for a national register of surrogacy arrangements. However, even under these proposed changes, the international surrogacy arrangements whereby complying with the law of the country in which the surrogate mother gives birth is complied with, will not change and a Parental Order will still have to be sought by parents in England. The process to obtain a Parental Order is complex and prospective parents may find if helpful to fully understand this at the beginning of the process rather than when they have new baby in their home. Marilyn Bell
Hertfordshire Law Society Gazette
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FALLEN INTO THE HOUSING ACT REPOSSESSION TRAP? STEWART TITLE HAS A WAY OUT FOR LENDERS With nearly half of all new homes in England & Wales being sold as leasehold, ground rents are increasingly giving landlords the chance to repossess homes without giving lenders the chance to seek relief against forfeiture. For a number of years now, it has been commonplace for long leases (those over 21 years) to contain ground rent reviews, allowing rents to increase and sometimes double every 5 or 10 years. This means that rents can quickly rise to hundreds or even thousands of pounds per year. Where a long lease contains a rent that is, or is capable of, exceeding £1,000 per year in London and £250 elsewhere, the provisions of section 8 of the Housing Act 1988 apply. In the event of default by the tenant, a landlord can bring statutory possession proceedings without the need to use the forfeiture process and so a lender will not have the chance to seek relief against forfeiture. Many lenders have raised concerns and are unwilling to lend on new or existing leases that could fall into this trap. Upon consultation with our customers, Stewart Title has developed a solution that offers lenders protection against such potential losses. With premiums starting from £15 for £100,000 cover, our Forfeiture of Lease (Housing Act Possession) Policy for lenders provides cover against costs incurred or losses suffered by a lender in these circumstances. Cover is available for old and new leases and the policy is available on our self-issue, online Stewart Solution ordering platform. For more information about this policy, visit stewartsolution.com or call 020 7010 7821.
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Advertorial
Sperm donor anonymity - a distant memory? Neil Sullivan
With the plethora of alternative ways now available to either participate in conception, birth or take care of a child and the interest in family trees, the issue of sperm donation has once again come into the spotlight.
In particular, this is being accentuated by the use of social media, celebrity culture and the rapid rise of ancestry companies who use DNA testing information to make links with often unknown individuals and geographical origins. The result is that the possibility of identifying a sperm donor and biologically related siblings is now very high. This raises questions within the law (which arguably has not kept pace with society) and also ethical issues, with regard to personal privacy both for donors and also for donor conceived children. In 1991, the nascent Human Embryology and Fertilisation Authority began to record data regarding donor conceived children and allowed access to benign information about the donor and the number of genetic siblings. Donors were at this point promised lifelong anonymity, which has created, in 2020, conflicting rights. In 2005 a more profound change occurred1 in that donors obtained the right to learn the identity of their donor when they turned 18 (and 2023 is getting very close). As part of this legislative change sperm donors also gained the option to remove anonymity if they wished and post 2005, donors must agree to waive their anonymity when any donor conceived child is 18. These circumstances are a significant challenge to the concept of donor anonymity. As a consequence, the number of sperm donors in the UK has declined.
million in 2021. The DNA databases held by the ancestry DNA testing companies are now both huge and powerful, enabling distant relatives and individuals to be presumptively identified with relative ease (half second cousin or closer). Together with online information such as surname searches and family trees, putative relatives can be identified with ease. Some donors embrace this, others are waiting with trepidation - in the excitement of the chase, often the donor conceived child acting as amateur sleuth, places too much emphasis on weak circumstantial evidence derived from ancestry DNA tests. We consider that confirmation of the biological relationship is an essential step to take before leaping into the emotional abyss. Firm knowledge of either biological paternity or siblingship (most likely half siblings, united by a common father) using an appropriate DNA test is paramount.
There has been an explosion in people taking DNA tests for ancestry… 26 million by 2019, which is expected to rise to 100 million in 2021
There has been an explosion in people taking DNA tests for ancestry…26 million by 2019, which is expected to rise to 100
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Yet, in an evolving niche, a smaller group of willing donors are finding other ways to make contact with recipients, such as Facebook groups2 and co-parenting websites. There is even debate concerning the use of sperm from deceased males. Here the sperm is retrieved by electro stimulation and disingenuously compared to organ donation. Notwithstanding the issue of consent, children conceived in this way will never have the chance to meet their biological father, a circumstance which requires ethical consideration. Opinions towards anonymity are relaxing across Europe3 with the balance shifting
from the anonymity of sperm donors towards the rights of donor conceived children to know their biological origins4. It is estimated that there were around 30,000 sperm donor conceived children in the UK between 1991 and 2005 and obviously a great deal more have been born since. In particular, an appropriate DNA test to determine biological parentage is essential for unequivocal confirmation. This is also required if legal recognition of the relationship is desired to change a birth certificate, to obtain a parental order or to resolve a matter of inheritance n 1 Human Fertilisation and Embryology Act 2008, s24. 2 facebook.com/groups/DNADetectives 3 Parliamentary Assembly, Council of Europe, Committee on Social Affairs, Health and Sustainable Development. Anonymous donation of sperm and oocytes: balancing the weights of parents, donors and children. Draft adopted 21st January 2019. 4 Hallich, O., Sperm donation and the right to privacy. New Bioethics 2017, 23 p 107-120
About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.
Please see: www.dadcheckgold.com. Tel: 0191 543 6334 email: sales@dadcheckgold.com
Hertfordshire Law Society Gazette
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Geodesys launches drainage and water report for new build homes Conveyancing search provider adds bespoke search option to its service offering
The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society's official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers. Jonny Davey, Product Manager for Geodesys, comments: “We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs. “We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.” Jonny continues: “Produced by industry experts, our streamlined report clearly outlines all the most pertinent information. Some data contained in a full CON29DW is simply not available for new builds, so NewBuildDW allows
Making conveyancers’ jobs easier, the new report will provide: l 17 questions including two high quality water and sewerage maps l Crystal-clear front-page customer dashboard highlighting information on key questions l Easy-to-use interactive navigation making retrieving information easy for users l Top tips and advice relevant to buyers of new build properties l £5m professional indemnity insurance conveyancers to access the key details at a more competitive price.” The NewBuildDW Report is available for £36 (including VAT) in the Anglian Water sewerage area only and for residential properties classed as new build. For more information, please visit: www.geodesys.com/residential-searches/ drainage-and-water/new-build-drainageand-water-report/
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Articles
Wellbeing and the sole practitioner W
orking as a sole practitioner can be extremely rewarding and enjoyable, and many thrive working on their own. However it is not without it’s challenges. It can be isolating, having no-one to bounce ideas off or chat to about work means it can often feel overwhelming. There is the financial burden resting on your shoulders which can cause huge stress, especially if you cannot work due to illness, or a family illness or bereavement. It is vital that sole practitioners are tuned into their mental health and wellbeing, and aware of some of ways in which their work can affect them. It is important to look after your day to day wellbeing so that when problems arise, you are better equipped to deal with them. It is also important to have a support network you can turn to for help, this could be friends, family, other professionals or LawCare. LawCare is an independent charity which has been supporting lawyers for over 20 years and offers emotional support from people with experience in life in the law via a helpline, webchat, email and a peer support programme. At LawCare we are often contacted by lawyers who struggle with overthinking, unable to sleep properly because they go over and over their work in their head. We get calls from lawyers who are struggling to cope with their workload and are drinking too much every evening. We get emails from lawyers who are experiencing extreme anxiety and imposter syndrome. We speak with lawyers working with vulnerable or traumatised clients which is really affecting their own wellbeing. We also hear from lawyers who have made mistakes and are worried about disciplinary action. Does any of this sound familiar? In addition to this we often see certain personality traits in lawyers: an analytical mind, impatience, extremely driven, perfectionism, a constant feeling a sense of urgency, and overly self-critical. These can all be very useful in the workplace but destructive in your private life. Often
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lawyers find it hard to admit they are having a difficult time and not coping for fear of showing weakness. WARNING SIGNS • Trouble sleeping: A vicious circle: worries about work lead to lack of sleep, which makes it difficult to perform well at work. • Physical changes: Headaches, skin complaints, frequent colds, aching muscles, heart palpitations, shortness of breath, dizziness, nausea, digestive problems. • Drinking and smoking: Turning to drinking and smoking to cope with the demands of work. • Eating: Comfort eating or skipping meals. • Mood swings: Feeling irritated and frustrated, angry one minute and feel fine the next. Panic, fear, and uneasiness. Not being able to stay calm and still. • Panic attacks: These can happen suddenly, for no clear reason. It can mean feeling sick, short of breath, shaking, sweating and experiencing a sense of unreality. TIPS FOR LOOKING AFTER YOURSELF Exercise Do whatever you like as long as you get moving. Exercise makes it difficult to overthink as you need to concentrate on the physical activity itself and the melatonin, serotonin and endorphin boost will help to combat negative thoughts. Eat well and drink in moderation Eating a balanced diet improves wellbeing. It is important to eat regularly which can be difficult if you’re busy at work, so buy a nutritious lunch on your way in or keep healthy snacks in your drawer, or set a reminder to go out for lunch. Make sure you drink alcohol in moderation, whilst it can be tempting to drown your sorrows if you are having a difficult time this will just make you feel worse the next day.
Be mindful Research shows that regular mindfulness improves your concentration, decisionmaking and working memory. It reduces stress, lowers your heart rate and blood pressure, strengthens the immune system, and reduces anxiety and depression. Take a break Sitting at your desk for long periods is counter productive. Getting up from your desk for a brisk walk or a stretch for ten minutes can improve your focus and concentration. Keep in touch Human are tribal, we need other people and this is even more important it you are largely working on your own. Seeing friends and family, or having a chat on the phone can give you a lift when you are feeling down. Share how you feel We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. We all need someone to talk to about personal matters without judgement and in confidence. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus and it can seem overwhelming to choose what action to take. Sometimes a listening ear and a nudge in the right direction is all we need to move on. For some it’s not as easy as talking to a friend or family member. LawCare is happy to talk to you about whatever you are going through. You can phone our free, confidential helpline and talk to another lawyer who’s been there on 0800 279 6888. You can also access webchat, email support and additional resources at www.lawcare.org.uk.
Hertfordshire Law Society Gazette
Advertorial
Fairweather Law rolls out superior combined Quill-Redbrick package Fairweather Law uses a combined Quill-Redbrick software solution for legal accounting and case management respectively. The practice decided to switch because its previous supplier inflated its fees thereby making it unsustainable for the future. Jack Fairweather, Director at Fairweather Law, describes the decision-making process: “When we were given a very substantial fee increase, it suddenly became the right time to migrate onto something new. The first stage was installing Redbrick to manage our matters and documents with workflow assistance. “The second stage was legal accounts software. We sought recommendations from Redbrick, of whom Quill was a strong shortlist candidate, took references from existing software users, had sales demonstrations then compared costs and functionality. “Ultimately, there were multiple reasons for choosing Interactive from Quill. Where cost’s concerned, it’s chalk and cheese to what we paid before. No law firm can be complacent about introducing financial savings. “Where functionality’s concerned, the overall user interface is so much better, particularly the dashboards which are extremely easy to use. There are many more features too, not least the wider
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range of reports which our fee earners find especially insightful as a means of monitoring their own progress. Overall, it’s a superior combined package.” Having operated its incumbent application for nine years, the team at Fairweather Law adopted a pragmatic approach allowing a six-month period for implementation in order to alleviate potential disruption. “Although we were unhappy with our old supplier, it was still a big change as we’d really bedded in over nine years,” continues Jack. “We were advised by Quill to take our time for implementation for things to be done seamlessly. Thankfully, that’s exactly what did happen. Even my dad, who’s a founding partner of our business and was fairly traumatised by the last software rollout which went far from smoothly, has commented that he didn’t encounter any difficulties this time. “The whole changeover was professionally handled by Quill. Full credit to them that it’s been so straightforward and gone completely to
plan. We all knew what we wanted to achieve. This was a major contributory factor in our success. “We’re now in the midst of familiarisation, putting our training skills to use and finding our way around Interactive but already our staff are happier. While we acknowledge it’ll take time to get used to the new system, we know it’s not going to be a laborious task because of Interactive’s inherent user friendliness. Although somewhat forced to change, signing for Interactive has been the best decision.”
For more information, please contact: Julian Bryan Managing Director, Quill Castle Quay Manchester M15 4NJ Tel: 0161 236 2910 Email: j.bryan@quill.co.uk Web: www.quill.co.uk
Hertfordshire Law Society Gazette
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