Leicestershire Law Society Magazine issue 25

Leicestershire Law Society

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A LEGACY

FORMER DISTRICT JUDGE TO CONDUCT PRIVATE FDR HEARINGS

RIP: JUDGE PAUL ATKINSON

GINA SAMUELS-RICHARDS on CREATING

Two-thirds of UK adults have not named a guardian for their children

Expert Evidence Under Scrutiny Black History Month

Obituary: Judge Paul Atkinson

Family relationship DNA testing

Forensic Accountants in Matrimonial Cases

Technology and Talent

Relationships remain key in the age of technology Legal firms failing to address mental health issues An

Wishing all LLS readers a heartfelt Happy New Year as we welcome in 2023; we trust you all had a restful holiday period. This time of year brings a sense of renewal and opportunities to re-set and move forward with a sense of positivity.

2023: where will this year take you? Although we face another tough year with the cost of living crisis and coming to terms with the aftermath and new way of life following the pandemic, I am fully optimistic that things will now start to align with renewed expectations and ambitions. On the subject of ambition, I would like to welcome our next President, Gina Samuel-Richards; I know that she will bring considerable drive, enthusiasm and positivity to the role.

We also, on that note, say a heartfelt thank you to our current President, Matthew Olner, whose tenure as President has seen many huge successes.

And to all our readers, thank you for being part of the LLS this year. Whether you have supported us for a long time or are a new member, we truly appreciate you being here.

As such, we remain eager to hear from our readership with any ideas for future articles and contributions, so please do get in touch with us; this is your magazine, after all.

We will also be launching “Recommend your podcast” whereby anyone that has a recommendation or suggestion for a podcast that they have enjoyed can be shared amongst our readership. As I am sure you will appreciate, a podcast can be a great form of therapy and a way to focus on positive ideas and ambitions, so do contact me with your proposals.

Happy

New Year LLS!

Sameer Karim, Editor

Sameer.karim@d-w-s.co.uk

BOOK REVIEW: HARVEY INGRAM AND IT’S ORIGINS 1768-2012

Solicitor Adrian Weston died on 14th March 2022 aged 87. Other colleagues we have recently lost include Brian Small, (88), Richard Bloor, (85) Peter Carr, (87) Richard Poyner (62) and Manjit Obhi (60). We extend our sympathy to their respective families.

Meanwhile Geoffrey Tew born 1924 and admitted as a solicitor in 1950 is still going strong, albeit no longer at his former premises at the Victoria Park end of London Road.

But this short, succinct and very well researched book is about Harvey Ingram from its founding by Caleb Lowdham in

1768 right up to the merger with Shakespeares in 2012. With its scraps of local legal and other history, larger than life characters and snapshots of our profession as it used to be, it is a fascinating biography of not just the one firm.

Highlights of the retainers over the years include acting for Ronald Light and instructing Marshall Hall KC to defend him in the famous Green Bicycle Murder trial *and campaigning (unsuccessfully) against the 1832 Parliamentary Reform Bill.

One of the most interesting aspects for me was the multi tasking aspect of all these rich upper class gentlemen. Robert Harvey for example in addition to his day job as a solicitor was President of Leicester Literary

BY DR ADRIAN R WESTON MBE

& Philosophical Society, Justice of the Peace, Deputy Lord Lieutenant, President of Leicester Liberal Party and Coroner, and Habif Owston was Director of Leicester Bank, Chair of Wigston Council and a Magistrate. Habif now lies in Wigston Cemetery in company with, for example Josiah Hincks and Gertie Gitana (of “Nellie Dean” fame) and his home Bushloe House for many years the offices of Oadby & Wigston Borough Council is currently being sold for an undisclosed sum.

Samuel Stone will always be remembered for his Justices’ Manual while Thomas Ingram has his St Thomas’s Church in South Wigston and Ingrams Way alongside my home.

Over 350 plus years the firm

has had many names including in 1988 Harvey Ingram Stone & Simpson. (HISS) It was then changed after concerns were raised that competitors might refer to the organisation as “Hiss & Boo”. We did.

In the final Chapter the author who had retired in 1998 pulls no punches about the precarious situation in which the firm found itself prior to the final merger with Shakespeares (now Shakespeare Martineau) in August 2012. There then follows a short Obituary of the Author.

Enjoy!

Christl Hughes

*See earlier issues of this magazine

PODCAST RECOMMENDATIONS

Leicestershire Law Society are looking for your Podcast Recommendations to be included in our next and upcoming issues.

Do let us know if you have any recommended podcasts for the following: 1 Your profession;

Your personal hobbies and;

Your personal wellbeing.

Please send your recommendations to: office@leicestershirelawsociety.org.uk

PRESIDENT’S REPORT

by Gina Samuel-Richards

I want to ensure I leave a strong legacy not just for myself but for the Society and that’s why one of my main focuses this year is to encourage young people into law as a career. I’m hopeful to reach out to those communities who probably do not feel that the profession is for them inter alia, whether it’s due to underfunding in their education, whether it’s because they come from an economically deprived background or whether culturally girls are pushed towards careers that make it easier to meet the needs of their future family.

membership sub-board to see how we can translate this framework to benefit LLS and its members.

On 18th of October 2022 I became the first Black president of the Leicestershire Law Society. I have been a little slow expressing my personal take on this new post mainly because I’ve been overwhelmed with the support and well-wishes I have received on social media and in real life.

I take this role on with the knowledge of the weight it places upon my shoulders, not just because I’m representing the dynamic and powerful legal community of Leicester, Leicestershire and Rutland, but also because I am representing the Black legal community. To be the first of anything carries its own challenges and rewards. I know I’ve worked hard throughout my career and I have honed my skill set to enable me to deliver in this role, and this is why I was chosen from among my peers to represent the Leicestershire Law Society. But I’m also minded of those who have come before me to breakdown barriers at great expense to themselves. But they have persevered in the knowledge that better shall come. I’m thankful to those who came before me and I’m thankful to my allies who have recognised and have respected me within the legal and business community.

I do not say this because of charity, but because of legacy planning. According to the 2021 census, Leicester has a significantly higher younger people population (up to the age of 35) than the national average. In the next 30 years, Gen Z are going to make up 1/3 of our workforce. This next generation are the most diverse generation so far. This means within the legal community we should have our pick of the best and brightest over the rest of the country. As a City with a vast variety of businesses and industries, we need to work on retaining such talent within the City, and therefore being of benefit to our firms. Leicester has a lot with which to entice, so let’s make our businesses welcoming and attractive by running schemes to keep the best and the brightest.

As a society, we are here to support our members. The Society is also exploring and developing different ways to be of value to its members, developing a members only area on the website and collaborations to bring training back to the heart of the society. I am keen to raise our membership and increase the involvement of our solicitor friends in the county. We can make our events more accessible and relevant to our friends in the county by holding meet and greet events in some of the Leicestershire areas. This may also encourage them to come into the City to network and celebrate the vibrancy our society has to offer. I also note the Law Society’s diversity framework delivered by I. Stephanie Boyce towards the end of her tenure. I will be working with our

My events this year will be aimed at bringing young people into the law. I will have some exciting news to be revealed in a later edition of the magazine. I held the end of year celebration on 20 December where attendees enjoyed a 4 course authentic Italian dinner. I will shortly be holding the Matrix event and other meet and greet soirees to enhance the opportunity of collaborative working between the legal and business sectors. We will be celebrating the LLS legal community at the awards in May, where firms will be encouraged to bring a student along to experience one of the dynamic ways we celebrate achievement.

My nominated charities this year are Focus, a young people’s charity empowering young, disenfranchised individuals; the Sickle Cell Society, raising awareness on how this disease affects the young and adult population; and the Zynithia Trust, an initiative to break the cycle of poverty for vulnerable women.

Last but not least, I would like to thank Matthew Olner, Immediate Past President for his steer of LLS in the previous 12 months as we emerged from the confines of various lockdowns. I would also like to thank our Patrons and Business Partners, those staying on with us for another year and those joining us for the first time. Our Patrons and Business partners are listed below. This year, they will be showcased in the Society’s magazine, promoted on the Society’s social media pages and website, attending our main committee meetings and our members will be able to meet our patrons at various events.

I look forward to an exciting year with the Leicestershire Law Society and to welcoming more members of the legal community.

Gina Samuel-Richards President, LLS

FORMER DISTRICT JUDGE TO CONDUCT PRIVATE FDR HEARINGS

We are all painfully aware of the considerable pressure that has been placed on the family justice system in recent years. Prior to the pandemic, there were already escalating delays in cases being progressed. The pandemic magnified these delays. Furthermore, we experienced a significant increase in the number of new cases having to be dealt with by the family Court as the enforced confinement of couples during the lockdown led to a wave of domestic violence and divorce cases being filed.

This ongoing increase in demand has meant that separating couples now have to wait months to have their case heard in Court which has resulted in many legal practitioners encouraging their client to engage in private FDR hearings as an alternative to the Court system.

Former District Judge Vera Stamenkovich has seen first-hand how long cases can take to resolve and following her retirement from the full time District Bench on 21st August 2021, she sat in retirement for a year as a Deputy District Judge to help with some of the backlog. She retired fully from the Bench in August 2022 and has now decided to offer herself as a Judge for private FDR hearings throughout the East Midlands.

Vera commented: “The length of time that its currently taking to resolve these cases adds so much strain and cost to what is already a very difficult situation. Having recently retired from the District Bench, carrying out private FDR hearings felt like the natural next step for me. It will allow me to use the expertise I have built up over many years as a Judge dealing with multiple financial remedy cases and means that I can continue to support the legal community and their clients to resolve their disputes more swiftly. I will be pleased to continue working with so many of the family law solicitors and barristers that I have dealt with over my years as a District Judge.”

Admitted as a Solicitor in 1980, Vera was appointed as a Deputy District Judge in 1992 and a District Judge in 1998. She has also served as Chairman of the Midland Circuit District Judges, and has been an Appraisal and Mentoring Judge.

As the first female president of Leicestershire Law Society, Vera was also awarded the Presidents’ Choice Award for a Lifetime of Achievement in Law at the Leicestershire Law Society Awards 2020, which were presented in 2021 due to the pandemic.

Vera added: “I do not think it is a surprise that alternative forms of dispute resolution such as private FDRs are becoming ever more popular as the indications are that they are very successful in bringing about a swift resolution to financial dispute cases in family law. I am very much looking forward to this change of direction.”

For further information, Vera Stamenkovich Private FDR Services can be contacted on 0116 214 6671.

Contacts:

Derby & District Law Society: Julia Saunders - admin@derbylaw.net

Leicestershire Law Society: Kauser Patel - office@leicestershirelawsociety. org.uk

Nottinghamshire Law Society: Michelle Foster - michelle.foster@nottslawsoc. org

Northamptonshire Law Society : Carolyn Coles - sec.nls@outlook.com

Warwickshire Law Society: lesley@warwickshirelawsociety.com

Lincoln Law Society: Alan Tasker - Lincs.Law@Btconnect.com

BEAR EARTH CIC - A CELEBRATION OF OUR ACHIEVEMENTS THROUGHOUT 2022

Bear Earth CIC is a not for profit that works to end period poverty and stigma around menstruation. We achieve this by enabling women and girls to access period products as well as running educational activities to raise awareness and break down the stigma around menstruation.

2022 has been a busy year for Bear Earth CiC with our work here in the UK continuing to create new opportunities and grow the existing activities. We have developed our educational work by delivering our bespoke Train The Trainer programme. This increases our ability to support more frontline grassroots organizations to have the skills, confidence, and materials to support the delivery of educational workshops in their own communities. This will raise awareness and help to normalise the conversation around periods and menstrual hygiene.

Over the last 12 months we have had 19 Bear Earth Ambassadors delivering activities

at the heart of their own communities. Our new Ambassadors have delivered 16 awareness sessions targeting over 300 women and girls. In addition, we have provided over 20,000 free sanitary products to women and girls in the UK.

We have also run training sessions to women’s groups in the rural parts of Nepal and Sri Lanka and have trained many of them to create their own re-usable sanitary wear

“It’s been a fantastic experience participating in the Bear Earth training. I have been able to take these activities and deliver them to my church group, which was really well received and really beneficial to not just young girls but also the young men present”. Bear Earth Ambassador –Philomena.

Bear Earth’s subscription service is continuing to grow with more local companies and organisation’s signing up to support the cause. The results of this mean we are able

to donate products and essentials to those individuals that need them most.

Tina Barton, Bear Earth Development Manager said, “With the current cost of living crisis, demands on our services have increased, so we are doing our best to get essentials to those that need them the most, and we are always looking for donations.”

You can find out more about the work of Bear Earth CiC by visiting www.bearearth.org

“Every woman and girl should be able to live with dignity and having access to period products as well as not being stigmatized for some thing as natural as periods is a part of that experience. By choosing to support our work you are enabling a world where women and girls can fulfill their true potential” says Zinthiya Ganeshpanchan the founder of Bear Earth.

If you are a community group or organization interested in our training opportunities or becoming a Bear Earth Ambassador then please do get in touch.

LEICESTER PARTNER TRIO JOIN FAST-GROWING BEXLEY BEAUMONT

Award-winning Bexley Beaumont has embarked on another year of growth with a trio of appointments of Leicester-based lawyers.

capitalise on whatever opportunities might present themselves in the next 12 months.

considerable time working in-house for national and international brands, such as Boots and Nestlé.

He is joined by a Knights’ colleague, Rachael McConaghie, who has developed her expertise in property dispute resolution over more than 20 years.

Environmental Partner Emma Tattersdill arrives after nearly a decade at Freeth’s, having already been named as a Leading Individual in two of the UK’s leading legal rankings - Chambers and Partners and Legal 500.

The appointment of Ms McConaghie and Ms Tattersdill marks a trebling of the size of Bexley Beaumont’s formidable Real Estate team in the space of just two years.

Ian Thomson becomes a Partner in the firm’s Commercial team while Emma Tattersdill comes on board as an Environmental Partner and Rachael McConaghie joins as Real Estate Disputes Partner.

“Our new arrivals all illustrate how the virtues of what we are doing resonate with colleagues right across the country.

“They realise that a boutique firm like ours provides an opportunity to take greater control of how they work.

“Whether they are relatively newlyqualified or very established in their careers, they appreciate that the chance to handle high quality work in a more flexible way than they ever could in traditional firms while collaborating with other very high-calibre lawyers is extremely tempting.”

“They have also seen us making further strides across all of the key areas during the last year.

“With these arrivals, we are even more able to improve our support to client businesses in the months to come.”

Alice Kinder becomes only the firm’s second fee share Associate following the appointment of Katie Boardman in October.

An employment and pensions lawyer who works with clients across the private, public and charitable sectors, Ms Kinder is a Social Mobility Ambassador for the Law Society of England and Wales.

She is believed to the youngest person to hold the post of Vice-President of the Birmingham Law Society in the organisation’s 200-year history.

As well as working for clients in a variety of sectors, including retail, leisure and hospitality, pharmaceuticals, logistics, real estate and the public sector, Bexley Beaumont has won a string of prestigious awards.

Alice Kinder also becomes Bexley Beaumont’s second Associate Solicitor, taking her place in the Employment department.

Meanwhile, Lauren Fleming is a new face in the firm’s central support team, in which she’ll work as an Onboarding and Events Executive.

Bexley Beaumont has now made 10 new appointments within the space of the last three months.

Chief Executive Karen Bexley described how the appointments reflected the firm’s increasing national appeal. She added that they meant that the firm was well placed to

Ms Bexley’s comments have been borne out by independent research conducted by the legal research consultancy, Codex Edge, which named Bexley Beaumont as one of the top 10 Alternative Law Firms (ALFs).

The Codex research covered more than 2,200 ALFs across the UK and examined the impact generated by ALFs in the decade since the Solicitors Regulation Authority (SRA) first licensed Alternative Business Structures (ABSs).

Bexley Beaumont’s credentials are likely to have been burnished by its latest appointments.

The vastly experienced Mr Thomson joins from Knights, having previously spent

Last March, Bexley Beaumont was chosen ahead of bigger national rivals in the Business Growth category of the Modern Law Awards, set up to highlight “the successful, dynamic entrepreneurs within our industry”.

It was shortlisted for Boutique Law Firm of the Year in 2021’s British Legal Awards and at The Law Society Excellence in Law Awards.

The firm has also been shortlisted in two categories in the inaugural Northern Powerhouse Awards, which are due to be named in March.

The competition is organised by Legal 500 and based on the research used to compile its annual rankings of the law industry.

In addition to offices in the City of London, the firm maintains premises in the heart of Manchester’s business district.

Ian Thomson

Karen Bexley

Alice Kinder

THANKS FROM IMMEDIATE PAST PRESIDENT MATTHEW OLNER

Very many thanks again to hard working committee members and everyone else who helped raise funds for my charity Leicester Children’s Holidays.

My thanks to those who sponsored me when I threw myself out of a plane.

I am also grateful to everyone who took part in the excellent and thoroughly enjoyable charity golf day at Kirby Muxloe Golf Club, generously sponsored by Narinder and his team at Fraser Stretton, LLS Patrons.

My year as President then ended with a well attended Summer Garden Party at which we enjoyed a very fine ragtime jazz band sponsored by our long time friends at 2 New Street Chambers.

I could not have been more delighted to have handed over a cheque for £5,000 to Leicester Children’s Charity who were incredibly grateful for the generosity of the LLS and its collaborators.

Matthew Olner

COUNCIL MEMBER’S REPORT JANUARY 2023

Looking back at 2022, it has been a good year for many practitioners in that the Solicitor’s Regulation Authority (SRA), has abandoned plans to permit the Solicitors Indemnity Fund (SIF) to close with the resultant loss of post six-year runoff cover. It will instead replace SIF with an identical scheme that the SRA will manage. This will give some security and confidence to those solicitors who have already retired without a successor practise and those who may do so in the future. The details are currently being worked through, but, essentially, the SRA are going to use the SIF Scheme rules but intend to run the new scheme more cost effectively than that run by SIF Ltd.

Guidance: Sexual misconduct 1

In 2022, the SRA produced twentythree sets of guidance by the end of November, and more is anticipated before the year end. Possibly the most controversial guidance is that which impacts on how a solicitor conducts themselves in their personal and private life. The majority of solicitors would have no qualms about the regulator taking action where that behaviour results in a criminal conviction, although perhaps there would be less support where it relates to minor motoring offences.

No solicitor would condone sexual assault, but the difficulty arises for regulators generally in cases where allegations have been made but either a prosecution was not proceeded with or even attempted.

The SRA has had to get to grips with how it will approach this, following the Beckwith case. In that case, a married City partner had some sort of consensual sexual encounter with Person A, who had been a more junior

member of staff. Both parties were too drunk to remember exactly what happened after attending Person A’s leaving do and going back to Person A’s home.

At the Solicitors Disciplinary Tribunal (SDT) Beckwith was charged with a number of allegations but only two were proved, including a lack of integrity. He was fined £35,000.00. The SRA sought £300,000 in costs but these were reduced to £200,000.00 by the SDT.

Beckwith successfully appealed 2 against the finding of a lack of integrity. The High Court placed considerable weight on the fact that there had been no abuse of seniority or authority over Person A. It held that there was a distinction between a solicitor acting to the detriment of his own reputation, his reputation as a provider of legal services and the reputation of the profession itself.

The Court also found that the costs claimed by the SRA were ‘alarming’. The Court also stated that, “regulators will do well to recognise that it is all too easy to be dogmatic without knowing it; popular outcry is not proof that a particular set of events gives rise to any matter falling within a regulator’s remit.”

The outcome of this case left the SRA in some difficulty; it has stated that since 2018 there have been 251 reports of alleged sexual misconduct. There were just 30 such complaints in the preceding five years. The SRA stated that at the time of publication of its guidance it currently had 117 ongoing investigations of alleged sexual misconduct.

The new guidance was published on 1 September 2022. The basic principle the SRA has set out is that, ‘The closer any behaviour or alleged wrongdoing touches realistically upon the individual’s practice or reflects how a solicitor might behave in a professional context, the more likely it is that the

conduct may impact on the individual’s integrity or trust in the profession.’

The guidance then seeks to set out a series of potential circumstances which may impact on its decision to take regulatory action, but as one might expect, there are no hard and fast rules and the feeling you are left with when reading the guidance is that the SRA is saying it will know it when it sees it.

The guidance claims that it will help individuals to understand where ‘behaviour in their private and professional life, where they might overlap and why the distinction is important’.

It also makes explicit that it is the duty of firms to ‘promote and ensure a workplace culture that does not tolerate sexual misconduct’ and that there is an obligation on firms to both investigate such matters internally and where appropriate report to the SRA.

Firms will need to consider proximity to practice and the guidance lists some examples which may or may not be proximate but this is not an absolute answer as this has to be considered together with the seriousness of the conduct and the ‘criminality’ of the conduct. The SRA make it clear that if they think it appropriate, it will make a report to the Police but as they sate, ‘criminality is not a pre-requisite for us to make a finding of sexual misconduct’ and even if there has been an acquittal, it may also take action as, ‘professional misconduct is a wider concept than the criminal law’.

Similarly, whilst the SRA will take into account consent, the indications are that they will also not take consent at face value and may seek to investigate further, stating that ‘[consent] can be affected by such factors as relative seniority/inferiority, vulnerability, intimidation, and intoxication. In some cases, these can reduce and even remove the capacity of someone to give

Linda Lee has been Council Member for Leicestershire, Northamptonshire and Rutland since 2003. She is a past President of the Law Society of England and Wales and is the current Chair of the Professional Indemnity Insurance Committee and is a member of the Regulatory Processes (RPC), the Policy and Regulatory Affairs (PRAC) and Access to Justice (A2J) Committees of the Law Society.

meaningful consent. Consent can also fluctuate from time to time and from context to context.’

The SRA will also consider vulnerability and has defined its considerations on vulnerability as:

• ‘Professional status (two parties of different seniority).

• Professional relationship (a professional can be unduly dependent on a client (for supply of work) or a client can be unduly reliant on a professional for effective advice/representation, especially in certain areas of law, and especially if the work is publicly funded or pro bono because alternatives might be less readily available.

• Fragile health (physical or mental).

• Disability.

• Age.

• Sexual orientation.

• Emotional, financial or career dependency.

• Temporary vulnerability, such as intoxication (by alcohol or drugs)

• Isolation or impaired access to effective support or remedies.

• Cultural vulnerability.’

The SRA has also made it clear that intoxication can never be a defence to an allegation, but it may also consider it as an aggravating or mitigating feature.

The SRA has stated it expects firms to investigate and report and that its Enforcement Strategy makes it clear that it regards allegations of sexual misconduct very seriously.

All firms should put in place policies to make it clear what expectations they have of their staff (including non-admitted staff), when they will investigate and when they will report. To some extent, it is likely that the policies will mirror the SRA guidance. It might also be useful to consider the SRA’s guidance on, ‘Workplace environment: risks of failing to protect and support colleagues 3’ published in February 2022.

Keeping of the Roll

From April 2023, the SRA will require all solicitors without practising certificates to apply to remain on

the Roll of Solicitors of England and Wales. This will include those who are retired, working in-house, or who are not currently practising. There will be an annual administration fee currently estimated to be in the region of £30£40.

Failure to make the application will result in individuals losing the right to refer to themselves as a non-practising solicitor. The SRA point out this will also result in an inability to access the associated benefits the title brings, but it will also result in a loss of the burdens of being a solicitor!

Linda Lee

1 https://www.sra.org.uk/solicitors/ guidance/sexual-misconduct

2 Beckwith v SRA [2020] EWHC 3231 (Admin)

3 https://www.sra.org.uk/solicitors/ guidance/workplace-environment

LAW SOCIETY

MEMBERSHIP PAGES

WELCOME TO THE LATEST MEMBERS SECTION OF THE LLS MAGAZINE.

The Leicestershire Law Society (LLS) is a fantastic organisation, offering great value to its members and we are very keen to make sure that we tell you about all the Society has to offer.

You will find this section in every edition of the magazine, to provide you with information about what is going on and what you get for your membership.

We are always looking to hear from members with any comments they have about their membership and particularly about any suggestions they have about how they feel the LLS could be improved.

LLS EVENTS 2023

THE MEMBERSHIP TEAM

Since the Winter 2020/21 edition, Zainab Zaeem-Sattar of Runnymede Law has been Chair of the Membership sub-group. Zainab has been working hard behind the scenes to continue bringing benefits to LLS members and is currently looking for members to join her in the sub-group.

If you are interested and would like to know more or if you have any queries or comments in relation to membership, then please do contact Zainab on membership@ leicestershirelawsociety.org.uk

Zainab qualified as a solicitor in April 2019 and has been with Runnymede Law since August 2022.

She joined LLS in 2018 as a sub board member and became a Main Committee member in May 2019. Zainab further chairs the Equality and Diversity sub-board and also sits on the Education & Training sub board.

Aside from volunteering her time at LLS, Zainab is also a legal mentor for De Montfort University’s employability mentoring scheme and also volunteers her time for Leicester University’s legal clinic, as well as mentoring students for Birmingham University’s Women in Law and Women High Up’s mentoring scheme. Zainab is also part of Muslim Lawyers Action Group (MLAG) and their management team.

Zainab is a radio presenter on Ramadan FM with two shows each month; ‘Breaking Stereotypes’ and ‘Law in Action’, and when she isn’t doing all of the above, Zainab takes her motorbike for a spin!

Awards Dinner Theme: Legacy – The Future of Law

Choose to represent your cultural dress or Black Tie. Bring a student

Zainab Zaeem-Sattar (Chair)

TYPES OF MEMBERSHIP

There are various different ways of becoming a member of the LLS. All members are entitled to attend our courses, social and networking events and can take advantage of our membership benefits.

CORPORATE MEMBERSHIP

This is for firms of solicitors. You only pay for the Partners in the firm. Corporate membership covers all solicitors, trainees, and

paralegals in the firm, so it is a great way of enabling the whole firm to make use of LLS membership.

ASSOCIATE MEMBERSHIP

This is for barristers‘ chambers and covers all barristers at the chambers.

INDIVIDUAL MEMBERSHIP

Individuals can become members of the LLS. This is available for all current and

SPECIAL MEMBERS BENEFITS:

NEW OFFER

Grounded KItchen 10% off in store and online. Discount available for both collection and delivery orders. Use the code LAW01 at the time of placing the order to ensure you receive the discount.

Online via the app ‘Vita Mojo’ or Instore locations:

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Grounded Kitchen

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Shafs Beauty and Laser Clinic – Facials; 15% off microdermabrasion facial and all standard facials. Use code “LLS BEAUTY”discount only available when booking with Ammaarah.

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former legal professionals.

GROUP MEMBERSHIP

This is for businesses that are not law firms but employ lawyers.

ASSOCIATE MEMBERSHIP

For those who would not fall under any of the other categories but can be associated with the Society for example Educational Bodies and so on.

Gayatri Beauty Clinic

28 Gipsy Lane, Leicester LE4 6RB £30 off the Microblading treatment

Contact Gayatri Samplay

Tel: 07984888058 or Gayatri_patel@hotmail.co.uk

Jonstar

Free initial energy review to all LLS member firms. Plus £10 donation to Prost Aid, for each energy review.

Tel: 01162704686 or email a recent bill for each meter to: info@jonstarenergybrokers.co.uk

Finance Lab

Financial Planning Consultants

1 Cradock Street Leicester LE5 3AW

Free initial consultation for all new clients but also a free ‘second opinion’ service for all LLS members and their clients on their current pension and investments.

Beauty Refinery

1st Floor, 101 London Road, Leicester.

Tel: 0116 254 7940

Up to 15% discount dependent on treatment from the price list on Monday – Saturday between 10:30am – 2:30pm (this cannot be used in conjunction with any other offers).

We have further great offers from local businesses in the pipeline and we will update you on these in the next edition of the magazine.

As always the membership team has been working hard to get new deals and discounts with local businesses for our members.

LITIGANTS AT

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

Today, almost six in ten (59%) 1 people in the UK feel their finances are worsening, one in four households are struggling to pay the bills 2 and, inevitably, this means that many people are having to hold off from donating to good causes 3

The irony of this is of course that, as people struggle to heat their homes, pay the rent and put food on the table, demand for charitable services becomes all the more urgent. We’re now at the point where 9 out of 10 food banks fear they won’t be able to meet the public’s needs4 and reduced funding means services may well face cuts or even closures, whether that means fewer people to field calls to mental health support lines, cutbacks on sports facilities or community outreach services and all manner of charitable services.

The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 left professionals concerned about the justice system, and how it will

Statistics given in the Court Service User Meeting in January 2018 highlighted that in the previous year, while there has been a small decrease in financial claims, there has been a 7.6% increase in private Children Act

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

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

Role of solicitors and Will writers

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

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

Again, donors often hear about the potential tax break on legacy gifts from legal advisers explaining that such donations are exempt from Inheritance Tax, and that, if they choose to give 10% or more, the remaining IHT bill is reduced further still - charged at 36% rather than 40%. Supporters are unlikely to make fiscal savings that exceed the cost of their donation, but for those who wish to support good causes, that reduction can be a strong incentive.

Although there are multiple avenues for will-writing, the impartiality and ability of solicitors to offer experienced and tailored advice to clients is all the more valued when it comes to making informed decisions about people’s inheritance and how good causes can benefit.

Free campaign supporter scheme for legal advisers

Through our Campaign Supporter scheme, which includes some

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

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

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

TWO-THIRDS OF UK ADULTS HAVE NOT NAMED A GUARDIAN FOR THEIR CHILDREN

Almost two-thirds of UK parents have not named guardians for their children in the event of their death, statistics have revealed.

New research by charity will-writing campaign Will Aid found 65% of parents have not named a guardian for their children aged under 18, creating uncertainty over who would look after them if they died.

Legal guardians should be appointed in a person’s will – and in cases where one is not chosen, courts often appoint a guardian on behalf of the deceased. This could see someone’s preferred choice not be appointed.

Peter de Vena Franks , Will Aid campaign director, said: “Thinking about death is never a nice experience, but it is so important when considering who will look after your children should the unfortunate happen.

“Courts work hard to do what is best for your children under such difficult circumstances, but they could have a different view of what is best than you.

“Therefore, the best way to ensure your children are looked after in the way you would like is to name a guardian in your will.”

Kevin Logan , legacy and tribute fundraiser at partner charity the NSPCC, said: “It is so important to name a guardian for your children in your will as it ensures your children are looked after by those you trust the most.

“When doing so, it is important to consider who is best-suited to provide your children with the best possible care and how they will give the love, nurture and support every child deserves.

“You can also become a guardian for the next generation by leaving a gift in your will, helping charities like us and the other eight partner charities to continue our vital services.”

The survey also found more than half of UK adults (54%) have not made a will.

Will Aid runs every November and sees participating solicitors waive their fees for

writing basic wills in return for an upfront donation to Will Aid.

The suggested donation for a single will is £100, or £180 for a pair of mirror wills.

Donations are then shared between the nine partner charities, many of which are responding to the cost of living crisis and war in Ukraine.

The campaign has raised more than £22million for charity since its inception in 1988.

Peter added: “This is a very stressful time for households across the UK, but thankfully participating Will Aid solicitors are here to take away the stress of will-writing throughout November.

“This is the perfect time to get your affairs in order and support some fantastic charities. To anyone who is yet to make a will – all I have to say is ‘why not now?’”

For more information and to find a Will Aid solicitor, visit www.willaid.org.uk.

Redgate Farm Animal Sanctuary was founded in August 1986 at Shaw Lane, Markfield, Leicestershire by the Redmile family.

All the Animals in the care of the Sanctuary need support, we have many cats, rabbits as well as some rodents who are all looking for their new forever homes. We also have ducks and chickens looking for kind new homes too. For our permanent, elderly and sick animals at the sanctuary, there are many ways in which you can help them. You can do this by becoming a Friend of Redgate, or Sponsoring an animal. If you feel you can help more, please contact the Sanctuary.

Why not caLL us today to discuss leaving a gift in your will? a legacy could make a huge and lasting difference to the many animals in our sanctuary.

tel: 01530 243 925

www.redgatefarmanimalsanctuary.co.uk

2022 IN REVIEW: EXPERT EVIDENCE UNDER SCRUTINY

unconscious bias (https://www.ewi.org.uk/ News/ewi-in-conversation-with-fredericosingarajah-unconcious-bias) and how you can avoid it.

The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 left professionals concerned about the justice system, and how it will

As the year draws to a close, I can’t help but think that it has been an interesting year for Expert Witnesses. There have been several high-profile cases which have reflected the best and worst in Expert Evidence. But one thing seems clear, the number of judgments which mention Expert Witnesses and their conduct is definitely on the rise. And unfortunately, the negative comments in judgments outweigh the positives.

But this is to be expected. It is normally when things go wrong that the Judge will comment on the conduct of the expert. And whilst we have highlighted many a judgment where this is the case, I am choosing to be positive and focus on my top ten takeaways for the year.

1. Always maintain impartiality

To borrow a line from a well-known Christmas song, “although it’s been said many times, many ways” ensure you always maintain your independence. If you are unsure whether you are straying, ask yourself – would I have the same opinion if I was instructed by the other side. Nothing harms your credibility more than being partisan.

2. Be credible and declare possible conflicts of interest

And on that note, be aware that the opposing side may try to attack your credibility so don’t give them any ammunition with which to take a shot. If you think there is a possible conflict of interest, raise this with your instructing party immediately and take advice.

It was nice to see a judge rejecting one such claim where counsel attacked an expert’s credibility (https://www.ewi.org.uk/News/ attack-on-experts-credibility-rejected).

3. Take time to consider any unconscious biases which may impact on your opinion

When you are assessing a claimant, visiting a site, considering the evidence, are you unconsciously projecting your own biases into the case? Take time to find out about

4. Make clear the substance of your instructions

I’ve been taking a look at the assessments of reports undertaken by the Membership Committee and there are two areas that seem to cause more issues than others. The first is around instructions. Remember that you do need to make clear the instructions you have received from your instructing party. This is also a good method for checking to make sure you have answered all the queries asked of you.

5. Make sure you offer a range of opinion and, if you can’t, state why

The second area that seems to get marked down is the range of opinion with applicants not providing a range of opinion and not stating why they cannot give a range of opinion. Sometimes it is right that you cannot offer a range of opinion, but you should be stating why this is the case.

6. Make sure your declarations at the end of your report are up to date

Spend the time to make sure you are using the most up to date declarations. Doing so enables you to retain credibility. The wrong one could undermine you in court during cross examination.

If you are in any doubt, you can access supporting guidance from our knowledge hub at https://www.ewi.org.uk/KnowledgeHub

7. Remember that the Joint Statement is the Expert’s write up of their discussion

Don’t be tempted to invite your instructing party or counsel to look at or make suggestions on the draft of the Joint Statement. This is your statement to assist the court in narrowing down the issues that are still in contention.

And if they ask to be involved, stay strong and tell them to step back.

Patricia Andrews & Ors v Kronospan Limited [2022] EWHC 479 (QB) and Gary Pickett v David Balkind [2022] EWHC 2226 (TCC) are both salutary reminders of what can happen if you do not heed the advice.

8. Be open – and get any communication with other parties in writing.

Transparency and accountability are key: whatever is done needs to be done overtly.

9. Make sure you assist the court

Remember that you are helping the court understand the issues. In his keynote speech at our conference this year, Lord Hamblen suggested the best way to achieve this was through clarity, structure, reasoning, and by building trust and confidence.

Some nice examples of where experts have done this include the following:

“He gave his evidence in a forthright and measured manner. He answered the questions put to him clearly accepting the limits of his knowledge in relation to certain matters. He made concessions in relation to certain items such as betterment to the boiler installation and the extent of the alleged furniture damage. I think that overall Mr. Lane was seeking to assist the Court and that he well understood that he had an independent role to perform.”

- Coldunell Limited

V

Hotel Management International Ltd

And congratulations to EWI Member, Jill Ferrie, who was mentioned in a recent judgment as being “a balanced and helpful expert”.

10. Keep up to date with the latest developments in Expert Evidence

And finally…. Whilst you are all (I am sure) keeping up to date with the latest developments in your areas of expertise, make sure you also take time to consider the latest case updates in Expert Evidence. At the least keep an eye on our monthly e-newsletter to identify key things you need to be aware of. But don’t forget that EWI Members now have access to a wide range of older (but still highly relevant) pre-recorded webinars.

Keeping up to date with your professional development is an essential part of maintaining your credibility as an Expert Witness.

So with that I wish you every success as we head into 2023.

Simon Berney-Edwards EWI

BLACK HISTORY MONTH

October every year marks the Black History Month celebration in the UK which is an opportunity to learn about, highlight and celebrate the achievements and contribution of the Black community to the UK. Black History Month first originated in the United States of America and is usually celebrated in February every year. The UK’s first celebration of the month started in October 1987 and was organised through the leadership of Ghanaian analyst Akyaaba Addai-Sebo, who was working as the Special Projects Officer for the Greater London Council. Now entering its 35th year of celebration in the UK, the theme for this year’s celebration is, “Time for Change: Action not words”, aimed at informing and empowering people to be true allies in the anti-racism movement.

For the Leicestershire community, the 2022 Black History Month celebration marked historical milestones as this year welcomed Councilor George Cole as the first Lord Mayor of African Heritage in the

771 years of existence of the role and Gina Samuel-Richards as the first Black President of the Leicestershire Law Society (LLS) in its 162 years of existence. Gina started off her presidential year with the first event held at Chutney Ivy in Leicester, celebrating Black History Month by taking a look at the Black Community’s Contribution to Law.

The event was well attended with a steel band entertaining the guests. LLS dedicated the evening to those who had made significant contributions to law, such as Dr Harold Moody, Baroness Patricia Scotland, Jamal Jeffers, Velma Ferdinand, Mavis Best, Dame Jocelyn Barrow, Gina Miller and Baroness Doreen Lawrence. Banners placed around the venue provided the reader with further insight into the contributions of each of these remarkable role models with the hope of not only celebrating those contributions but also raising awareness and providing others with inspiration.

A major highlight of the evening was listening to Jamal Jeffers - a barrister and

OBITUARY: JUDGE PAUL ATKINSON

Deputy District Judge - share his story about his grandparents’ journey to the UK. It was an important reminder of the sacrifices, hard work, determination and perseverance of our predeccesors as they sought to build the solid foundations on which we now stand tall.

In conclusion, whilst I align myself with those who posit that Black History should be taught all year round and not just during one month of the year, I also recognise that at an individual and organisational level, we all need to be aware of the positive contributions and achievements of Black people in the UK and Black History Month celebration gives us the opportunity to reflect on these.

Chimdinma Nwaigwe,

Main Committee member and member of Equality & Diversity sub board and Zainab Zaeem-Sattar, Main Committee member and Chair of Equality & Diversity sub board.

Judge Paul Atkinson died on 14th January 2023 aged 67.

Called to the Bar in 1978 and a tenant at King St Chambers he joined the Bench as a Deputy District Judge in 1997, was promoted to full time District Judge in 2000 and Recorder in 2005. He also served as Training District Judge, Appraisal District Judge and as a Mentor to junior Judges.

Judge Atkinson was regarded as unfailingly helpful to colleagues both new judicial recruits and those more experienced. To the lawyers who appeared before him he came over as a kindly, sympathetic judicial officer with a sense of humour as well as offering large doses of common sense without compromising the need for speedy resolution of cases. Once he and another Judge were by mistake given 36 hours of listed work to get through in one day they were finished by lunchtime.

We extend our sympathy to his widow Gwyneth and two daughters. The funeral has already taken place but donations can be made to Tommy’s Charity. Together, for every babyCharity for Babies Tommy’s www. tommys.org.uk

LITIGANTS AT

YOUNG ADULTS AND CONSENT TO A DNA TEST

The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 left professionals concerned about the justice system, and how it will

Statistics given in the Court Service User Meeting in January 2018 highlighted that in the previous year, while there has been a small decrease in financial claims, there has been a 7.6% increase in private Children Act

Across the world, the ability of children or indeed young adults to make decisions about issues concerning themselves is full of dilemma. Under UK law, the line between childhood and adult hood is 18 years of age1; the age of majority. This means for example, that an individual can of their own volition, vote, enter contracts (credit cards, take out loans) buy tobacco or get a tattoo. The law then allows for capacities at each age from 10 through 17, though in this article with regard to DNA testing, we will single out age 16, as now armed with a National Insurance number, minors may join the Army, get married, drink alcohol in a restaurant, get a full time job and have sexual intercourse. This is perhaps appropriate for most in todays’ UK society.

When it comes to medical treatment, then the law is very clear that the age of consent to a procedure is 18 and after this age, individuals have as many rights as adults. Under some circumstances, 16 year old individuals can make medical decisions without consent of their parents and at younger ages than that, the degree of independent consent is reliant on their competence to understand the procedure – age alone is a not a sufficient criterion. Specifically, the test of these criteria is the Gillick test2 which relates to a child under 16 receiving contraceptive advice without her mother’s consent. Over time this has been used by the medical fraternity to gain consent from under 16s, provided they can demonstrate understanding of the nature and implications of the proposed treatment. A subset of this principle is the Fraser guidelines which specifically relate to welfare advice for under 16’s.

When considering a DNA test to determine a biological relationship (such as a paternity test), then it is important to remember that a human identity or paternity test is not a medical matter; it is quite different to other types of genetic test which are used for example, for disease diagnosis. The relevant legislation is

the Human Tissue Act 1984 and Human Tissue (Scotland) Act 20063, which as an aside to its intention to clamp down on the unauthorised use of human tissue as revealed in the Bristol Royal Infirmary enquiry,4 has captured the need for consent for the analysis of samples for a DNA test and which are intended for human identity testing. The Department of Health has produced helpful guidance5 and a good practice guide for companies like our own.

In addition, the Ministry of Justice operates an accreditation system for bodies “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”. This list is reconsidered every year and requires DNA testing companies to hold the key accreditation for calibration and testing laboratories, ISO/IEC 17025. We are pleased to say that we have been on “the list” for more than 14 years.

With regard to consent, then the first principle derives from the established laws of consent and the second from the Human Tissue Act 2004, where consent is required for possession of material from a human body that contains human cells (a buccal sample) with the intention of analysing the DNA. We must be satisfied that whoever is providing the consent for a DNA test is authorised to do so. We for example, take steps to ascertain the basis for parental responsibility and as the DNA testing organisation providing the test, are satisfied that those consenting to the taking of a sample from the child, are authorised to do so. It is also important that the consent is given on the understanding that the nature and possible consequences of the test are understood.

Parental Responsibility refers to “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.6 In real terms, this means having input into substantial matters affecting a child’s well-being, such as education, religion, medical treatments and appointing a guardian as well as having input with regards to holidays and extended stays outside the family home. Importantly, this also relates to legal proceedings involving the child and the registering/changing of a child’s name on a birth certificate. De facto, this applies to the non-medical

matter of human identity testing using DNA technology, commonly known as for example, a paternity, sibling or indeed a grand-parentage test.

So who has Parental Responsibility for a child? Well firstly, the mother always (and automatically) has Parental Responsibility. Intuitively, we might think this named individual would necessarily be the biological mother (the individual who gave birth to the child) and this is generally the case. Exceptions occur in the case of surrogacy where the surrogate mother will have Parental Responsibility until it is relinquished with a Parental Order. Interestingly, if a surrogate mother is married, their partner will also have Parental Responsibility for the child.

There are various additional ways that a father can gain Parental Responsibility over a child, these are: a) entering marriage or civil partnership with the mother, b) obtaining a Parental Responsibility order from a court, c) using a Child Arrangement Order, being named as a resident parent, d) having a Residence Order in place (prior to 22nd April 2014) and e) entering a Parental Responsibility Agreement with the mother. If there has been a marriage/civil partnership and then a divorce/dissolution, then the Parental Responsibility rights are retained.

Automatic Parental Responsibility is not conferred on unmarried biological fathers, unmarried partners (male or female), grandparents, other biological relatives or a step-father/step-mother. Unmarried/ non civil partnership fathers who (re-) register their names on a birth certificate after 1st December 2003 can gain Parental Responsibility.

We always ask for the mother’s consent to a DNA test if the child is under 16 and encourage her to participate in the test by giving a DNA sample. Our most common question is: “Why do you need that? I know I am the mum.” Well, we are each made up of half of the mothers DNA and half of the fathers – though until we test it, we don’t know which half! By determining which portion comes from the mum, we can then be sure which DNA relates to the father and this greatly improves the statistics of an inclusion, i.e. that the man is in fact the biological father of the child.

Dr Neil Sullivan

If you have a case requiring a DNA test to establish parentage or would just like some advice on how to establish a human relationship using DNA, then please contact us, we would be pleased to help.

ABOUT THE AUTHOR:

Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as Dadcheck®) is 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: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Notes

1Family Law Reform Act 1969

2Gillick vs West Norfolk and Wisbech AHA and DHSS [1985]

3 WLR (HL)

3https://www.legislation.gov.uk/ukpga/2004/30/contents; https://www.legislation.gov.uk/asp/2006/4/contents

4http://www.bristol-inquiry.org.uk/interim_report/toc.htm

5https://www.Wales.nhs.uk/documents/DH_082624.pdf

6The Children Act 1989, s3(1)

FORENSIC ACCOUNTANTS IN MATRIMONIAL CASES

Statistics given in the Court Service User Meeting in January 2018 highlighted that in the previous year, while there has been a small decrease in financial claims, there has been a 7.6% increase in private Children Act

I receive many requests for help in family cases, often several times a week, typically from the wife who considers that her husband is not making full and correct disclosure of his financial affairs.  What am I able to do to help them?  This is a personal note setting out my understanding of the position, and I provide it here so as to avoid the need to give the same explanation repeatedly to those many unfortunate ladies.

Typically, a lady does a Google search where my name comes well up on page one.  She looks at my website, views the videos, reads the war stories, and concludes that I am a helpful character with a wealth of experience (I am, I am!) who can help them to find the husband’s hidden assets or the lies in his disclosure.

In the old days, that was certainly the case, and I have had some stunning successes, as may be seen in my case studies - https:// chrismakin.co.uk/case-study/matrimonial/. But these days it’s different.  Except in the multi-million pound cases seen in the national press, or where a party is so blatantly dishonest that the court recognises the need for an investigation – and this is very rare – the court will only approve the appointment of a forensic accountant to act as a Single Joint Expert (SJE), who acts for both spouses, but with an overriding duty to the court.

This works well where the main function of that expert is to value the business which one party will be taking out of the marriage on a clean break (see Case 3 in my matrimonial case studies – “Divorce the spouses, but don’t divorce the companies”) - I have done hundreds of such valuations – or where an expert is required to opine on the ability of one self-employed spouse to pay maintenance to the other.  But where there is serious doubt about a spouse’s disclosure, but not egregious enough for the court to recognise the need for an investigation by a forensic accountant, two main difficulties arise.

The first is that if the wife or her lawyer thinks that I would be a suitable SJE and puts my name to the other side, I would be typecast as the wife’s man, and the husband would want his own man.  Result: deadlock, which can be resolved only by one side or the other giving in, or by both sides putting their expert’s CV before the court for the judge to decide who shall be the SJE.  And that leads to delay and expense.

The point is that an expert can produce a report and give evidence at a hearing only with the court’s permission.

There is an alternative: the forensic accountant can act as expert adviser.  He is not on the court record, but works in the background, providing assistance to the lady’s lawyers.  He cannot appear at court (except in the background, perhaps passing notes to the barrister), and there is no prospect of the husband being ordered to pay any part of that accountant’s fees.  And the investigating accountant can use only the evidence produced, which may be limited.

So to conclude, if a business valuation is required for a clean break, I can act as SJE as I have done many, many times before.  And within limitations, I can act as expert adviser.  But for me to act on the record as expert for one party, the other spouse’s shortcomings in disclosure would have to be egregious (outstandingly bad or shocking) and if that situation is suspected, I would recommend that the party concerned should first speak to their lawyers, not to me, about whether the court might appoint a party expert acting just for that side.

I remind readers that I offer an initial review of any case without obligation (see “How long’s a piece of string” on my fees page at https:// chrismakin.co.uk/fees-and-gdpr/), but that review should be done only when the lawyer considers there is a chance of the court agreeing to have a party expert.

Of course, if a straightforward business valuation is needed, I’m your man!

Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators.

He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:

www.chrismakin.co.uk chris@chrismakin.co.uk

FIVE WAYS THAT TECHNOLOGY CAN HELP LAW FIRMS ATTRACT AND RETAIN TALENT

3. Invest and upskill junior lawyers

Junior lawyers are the future of the profession but may lack the legal expertise or business acumen necessary that comes with experience. As technology develops and more tasks are being automated, young lawyers are also most at risk. Law firms must have a plan in place to train and upskill these future experts and technology can help. Up-todate legal guides available on legal publishing software can provide junior lawyers with the crucial training they need to progress, as well as templates and forms that they can tailor for client needs. This reduces barriers to development, enabling senior lawyers to delegate work and junior lawyers to work and learn independently.

4. Keep lawyers doing what they love

Employers are currently facing a once-in-a-generation skills shortage. The loss of a talented team member was once a burden, but now the costly difficulty of replacing a good employee is a potential threat to business.

Record unemployment lows and an increase in competition has driven the need for law firms to attract and retain talent. SME law firms are reviewing the benefits, productivity tools, working day and models of working that they offer as a result of the growing need to attract skilled employees.

Technology can enable law firms to future proof their businesses, ensuring their staff and client needs are satisfied. By embracing legal practice management software and implementing self-service technology, law firms can automate lengthy processes, stand out from the competition and overcome the skills shortage the industry is facing.

Here are some ways technology can help law firms attract and retain talent.

1. Create flexible working solutions

Using effective technology streamlines processes and offers employees more rewarding careers. This enables a focus on more valuable and interesting work, significantly reducing time spent on every day, repetitive, and non-billable administrative tasks. Law firms can attract and retain the best people because they want to work with the best technology.

SME law firms have the agility to implement innovative technology solutions quickly. This means they can deliver superior client service and flexible working conditions more easily than their larger counterparts. Law firms offering genuinely flexible working conditions are luring solicitors who are exhausted by long office weeks and commuting away from their current roles.

2. Win back staff

Parenthood can interrupt or end a career but that doesn’t need to be the case. Effective legal practice management facilitates flexible hybrid working solutions, enabling firms to attract lawyers with family commitments by offering the chance to work from multiple locations. A typical day no longer needs to be so structured; cloud practice productivity solutions provide lawyers with the capability to work the way they truly want and will help win back the best employees.

A typical day for lawyers can be filled with tasks such as chasing overdue invoices, tracking each billable unit, training others and scheduling meetings. Lawyers are leaving the profession because they are unable to simply practise law. Fortunately, many of these tasks are now automated by good practice management software. Tasks such as signing documents, paying by credit card or tracking billable time can all be automated, freeing up lawyers to practise law.

5.

Access skilled expertise beyond traditional borders

Firms no longer need to limit their search for new talent to just their office proximity or within the current job market. Cloud technology centralises a law firm’s client and matter information, keeping it updated in real-time and accessible to all. Lawyers and support staff can work for their practice from anywhere in the world, expanding the talent pool for law firms. For firms that rely on cloud-based practice management software, geography is no longer a boundary to attracting clients, managing their matters or engaging expertise.

By thinking long term and investing in technology, firms can transform their business operations to attract talent, support staff and stay ahead of the competition.

Gareth Walker, CEO, LEAP

About LEAP

LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing world-class legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience.

Occupying a unique position in the legal software market, LEAP includes legal case management, legal accounting, document assembly, document management and legal publishing assets in one solution. Its software is designed to streamline tasks such as matter management, time recording document management, email management, automated forms, client accounting, billing, reporting and remote working.

Press Contact: Carys Geer carys@brookscomm.com

RELATIONSHIPS REMAIN KEY IN THE AGE OF TECHNOLOGY

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

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

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

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

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

Don’t get me wrong, consolidation has brought

with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too! With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.

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

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

I recently won back a client from a rival supplier. When I asked what it was that

brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!). In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship.

Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It’s about trusting that the job is going to get done right, first time.

Winning friends and influencing people is all about understanding their situation and being empathetic to their challenges while excelling at service delivery

YOUGOV POLL: LEGAL FIRMS ARE FAILING TO SUPPORT EMPLOYEES WITH MENTAL HEALTH AND WELLBEING

Many legal firms are failing to support the mental health and wellbeing of their employees, a survey of companies and staff has revealed.

Despite a strong demand for help with the cost-of-living crisis and stress and anxiety, employers saw supporting staff morale as low on their list of priorities, according to the YouGov poll.

Where support was offered, in the form of wellbeing advice and counselling, take-up was low, suggesting it did not always meet the needs of staff, the findings reveal.

The online poll of 3000 British employers and employees –commissioned by welltech company Frog Systems and conducted last December – showed that 59% of legal firm staff required support for stress and anxiety, while 44% said they needed help to get through the cost-of-living crisis.

In addition, 51% said they would benefit from support from their employer to help cope with grief and loss.

However, only 37% of the legal firms surveyed said they regarded improving staff morale or encouraging healthier lifestyles as their responsibility, according to the poll. They listed attracting and retaining talent and improving productivity as their main priorities.

The survey also highlighted that, while outlay on support for staff mental health and wellness was higher than in other sectors, only 23% of employers in the legal and professional services sectors more generally spent nothing at all, and 35% spent £100 or less, per-employeeper-year.

When asked who they would go to for help, only 2% of legal staff said they felt confident about going to their boss or a work colleague if they had a problem in their personal life or with their finances. More people said they would search the Internet before going to their line manager with an issue.

Those working with law firms and their staff to address employee wellbeing said the findings demonstrated an urgent need to address a growing problem.

Elizabeth Rimmer, CEO of LawCare – a mental wellbeing charity for the legal profession –said: “Despite the range of wellbeing supports on offer in law firms, it is telling that in this poll only 2% of legal professionals would feel confident in talking about their wellbeing with colleagues.

“EAP programmes, educational seminars, mindfulness, and gym sessions don’t create a working environment that is psychologically safe, where people feel valued and able to talk with colleagues about concerns. It is time to widen the approach to wellbeing from a focus on individuals to looking at how organisations foster a culture that supports the mental wellbeing of their people, and this responsibility lies in the boardroom.”

Henrietta Jowitt, an advisor to the Mind Forward Alliance and a former CBI deputy director general, said:

“Most leaders are focussed on attracting and retaining talent and improving productivity, and yet a third of them spend nothing on employee wellbeing. They need to make this connection.

“Wellbeing is an output – it is the result of a whole range of inputs that support your people. It is not a package, off the shelf. If you don’t understand your colleagues’ needs and look after their wellbeing, so that they feel they are safe, belong and are supported in a way that works for them, they will neither stay nor produce their best work.”

Psychologist Peter Abrahamsen, who works with stressed lawyers, said: “My typical lawyer client is at crisis point from

excessive and sustained pressure at work directly affecting their mental and physical health. They are disillusioned by their profession and struggle with the effects on their home life which is often falling apart.”

Compared with staff in some other sectors, those working in the legal sector and professional services appeared to receive similar benefits focused on traditional offerings such as Employee Assistance Programmes, life insurance, private medical care and perks and discounts, however only around one in four used them if at all.

Phil Worms, CEO of Frog Systems, said the report showed a gulf in trust in the workplace around wellbeing support for employees.

“Whilst many employers seem to understand the emotional and physical challenges being faced by their employees, they don’t appear to be able to provide the right wellbeing tools and information to support them.

“Solutions which are reactive, standalone, ‘tick box,’ not trusted, or do not provide sufficient insight will not enable the deployment of early intervention and support strategies.

“By listening to, and understanding what employees need, companies can start to build stronger, more empathetic, and productive work environments. Access to wellbeing support should not be a lottery or a privilege.”

• Frog Systems is a welltech company that was founded in 2015.

• The Company provides first line support to employees through its Ashia digital platform.

• Frog Systems is the first wellbeing provider in the UK to have achieved the internationally recognised We Invest in Wellbeing Gold accreditation from Investors in People.

• Frog Systems has raised over £2.1M in private equity funds to date.

AN INTRODUCTION TO FINDERS INTERNATIONAL

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

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

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

We do more than Trace Heirs

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

Estates with an International element

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

We have a range of International Asset Services to assist with complex multijurisdictional estate matters, offering Medallion Signature Guarantees, the sale and transfer of overseas stock, closure of overseas bank accounts and obtaining overseas Grants of Probate. These specialist services are designed to assist sole

practitioners with overseas estate elements they may not encounter on a regular basis.

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

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

Our Credentials – A tried and trusted firm Reputation is critical in the probate world, and we will safeguard yours as closely as our own.

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

an impressive list of accreditations. In an unregulated industry, Finders International is a name to trust.

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

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

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

For free advice or a no obligation quote, contact us today:

+44 (0)20 7490 4935

quotes@findersinternational.co.uk

www.findersinternational.co.uk