Issue 41 Spring / Summer 2022
ANNOUNCING OUR NEW WLS PRESIDENT FOR 2022/23
ALSO: • Changes to Divorce Law • HR For Business • The Future of Clinical Negligence • Re-Inventing the Wheel and more...
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This edition... Issue 41 Spring / Summer 2022 4
Committee Members and Member Firms
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Work based placements - October 2022
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President’s Introduction
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Re-inventing the wheel
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Introducing our new President
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A day in the life of a trainee solicitor
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Quiz night photos
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New guide tackles lack of empathy in law firms
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Act now on SAAS contracts
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A proposition, a little story and an explanation
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Silverback Commercial Law take bold step into Family Law
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Flood data insights from Landmark Information
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Changes to divorce law
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Remember A Charity new legacy findings
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Newly qualified lawyers at HCR
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Awards for Worcestershire's lawyers and law firms launch
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180 years of WLS
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Avoid the iffy claims
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What is the future of Clinical Negligence?
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Why you must be 'Number One' now more than ever
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HR for business April 2022
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Lawcare extends online chat service
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Committee Members
Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety
Andrew Chandler President mfg Solicitors LLP andrew.chandler@mfgsolicitors.com
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
Patricia Beeching Committee Member Law Society Council Member for the Welsh Marches
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Lara Wilkinson Charity Member Harrison Clark Rickerbys LWilkinson@hcrlaw.com
Joeli Boxall Editor of Pears Parkinson Wright jrb@parkinsonwright.co.uk
Charlotte Perry Outgoing President Parkinson Wright cap@parkinsonwright.co.uk
Priya Tromans Committee Member St Ives Chambers priya.tromans@stiveschambers.co.uk:
John Aldis Committee Member St Philips Chambers jaldis@st-philips.com
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk
Jessica McSorley Committee Member mfg Solicitors LLP jessica.mcsorley@mfgsolicitors.com
Darryll Thomas Committee Member mfg Solicitors LLP darryll.thomas@mfgsolicitors.com
Rachael Wheeler Committee Member Saunders Roberts rachael.wheeler@saundersroberts.co.uk
Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk
Worcestershire Junior Lawyer Division
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Victoria Zinzan Chair mfg Solicitors LLP Victoria.zinzan@mfgsolicitors.com
Georgina Hunt Vice Chair Harrison Clark Rickerbys ghunt@hcrlaw.com
Rhiannon Phelps Social Secretary Hallmark Hulme rhiannon.phelps @hallmarkhulme.co.uk
Olivia Jubb Secretary Harrison Clark Rickerbys ojubb@hcrlaw.com
Lucy George Social Media Secretary mfg Solicitors lucy.george@mfgsolicitors.com
Zoe Webster Social Secretary Hallmark Hulme zoe.webster@hallmarkhulme.co.uk
Charlette McDermott Treasurer Bradley Haynes Charlette@bradleyhayneslaw.co.uk
Lucy Harrold Social Media Secretary mfg Solicitors lucy.harrold@mfgsolicitors.com
Marina Akram Social Secretary Silverback Law marina.akram@silverbacklaw.co.uk
Daniel Maiden National Representative Parkinson Wright djm@parkinsonwright.co.uk
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President’s Introduction Dear Members, It is a privilege to have been a p p o i n t e d President of the Wo rc e s te r s h i re Law Society at the recent AGM. I take over from Charlotte Perry who has done an amazing job throughout the difficulties of the Pandemic with all its necessary restrictions in managing to maintain continuity with all the events and activities. On behalf of the society’s members, the committee and all those charities and organisations which affiliate with WLS, I would like to record our collective thanks to Charlotte who has graciously agreed to continue to serve on the committee. Since our last Edition went to print Russia has invaded Ukraine and brought about war to European soil. It is an unnecessary conflict which has and will continue to result in tragic loss of life and extensive damage until peace is achieved. I’m sure the sentiments of the society are
for a peaceful resolution as soon as possible and I am aware that many of our members have very generously given of their time and resources to send aid to Ukraine. On a lighter note the recently chosen charity of the WLS is The Midlands Air Ambulance Charity. I’m sure you will agree that they are a most deserving charity and we hope to raise some much needed funds for them to be put to the best use, saving the lives of those who would never get to hospital in time by road. Nominations for the Annual Awards Evening on 23 September 2022 are now open! Please do consider all of the categories and forward your nominations to us before the deadline of 27 May 2022! Those who are called to interview must be available on 19 July 2022 and we look forward to hearing more about those lucky enough to be shortlisted, and of course the winners, on the night itself! Best of luck to all involved! Finally I would like to encourage you all to come to as many of our events
as possible throughout the year and to support your WLS wherever possible. Our events offer a great opportunity to network with other professionals whilst fundraising and now that restrictions on in-person events have been removed there’s no better time than now to return to normality! Next month on 24 June 2022 the Worcestershire Junior Lawyers Division are hosting a Legal Dining Event at the prestigious Sixways Stadium. This promises to be an outstanding evening and I hope that if you want to attend that you have already got your ticket as it is much in demand. For those that are going I look forward to seeing you there! If there is anything either I or the committee can do to assist you in WLS matters please do not hesitate to contact one of us. Kind regards, Andrew. Andrew Chandler President, Worcestershire Law Society 2022-2023
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Announcing our new WLS President for 2022/23
Outgoing President Charlotte Perry with Andrew Chandler Our President for 2022/23 is Andrew Chandler, Partner at mfg Solicitors. The Annual General Membership (AGM) meeting of Worcestershire Law Society took place on 13 April 2022 at Bottles, Worcester followed by a Quiz. Firstly, a huge thank you to all the members that attended. We are pleased to confirm the winners of the Quiz were Harrison Clark Rickerbys. The AGM provides the platform for appointment of new officers, including the appointment of a new President. Charlotte Perry, our outgoing President, commented, "I am extremely pleased to inform you that Andrew Chandler, Contentious Probate Partner at mfg Solicitors LLP, was unanimously appointed as President to the Worcestershire Law Society with immediate effect. Andrew is a long standing committee member and for 5 years served as Editor of the Pears Magazine, being the official publication of the Worcestershire Law Society, relinquishing that role in 2021. Andrew’s enthusiasm for the WLS and our members has not waivered. On behalf of the committee, we are all very much excited about Andrew’s appointment and
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have no doubt that Andrew will make an excellent President and I wish him all the best. Congratulations Andrew! I am also pleased to confirm that James Osborne, Partner at Harrison Clark Rickerbys was reappointed to his role as Treasurer. Over the past 18 months it has been my pleasure to serve you as President and I have enjoyed working more closely with our local law firms and the Law Society. The WLS have delivered on a number of events/seminars both virtual and in person with an overall focus on Health and Wellbeing. This theme will continue to be at the heart of the WLS; uniting, promoting and supporting local lawyers and the Worcestershire Community. I want to personally thank my fellow committee members and my firm for their continued support and encouragement over the last 18 months. A huge thank you to Laura Osborne, Marketing and Events Administrator who makes the WLS run so smoothly and Patricia Beeching for being the most excellent Council Member and mentor. I will remain as a Committee Member and look forward to continuing to support the WLS in that role. Thank you."
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When asked about his new role as WLS President, Andrew Chandler said, "It is both a pleasure and an honour to be elected as President of the Worcestershire Law Society. The Society, its committee and entire membership owe their sincere thanks and gratitude to our Immediate Past President Charlotte Perry for all her hard work and dedication to the continued smooth running of the Society during the unprecedented disruption of the Pandemic, she will be an extremely tough act for me to follow! I am extremely grateful that Charlotte has agreed to continue to serve as a committee member and indeed to all of the other officers and committee members who have all contributed much to the Society’s continued success. I am very much looking forward to serving the Society as its President in representing the issues of its membership. On behalf of the committee I’d like to wish you all a Happy Easter Bank Holiday Weekend and we look forward to seeing you at our future events." The whole Committee would like to also say that we are hugely grateful to Charlotte and the excellent work she has done for the local Law Community in her time as president. She has championed engagement with our members and made a huge success of that throughout her term and she should be hugely proud of how much she has achieved for the Society. Thank you so much Charlotte for all of your hard work and time thank goodness you are staying on the committee!” WLS pride ourselves on our integration with our members and welcome both social and training ideas. If you would like to join WLS, please contact us at info@worcestershirelawsociety.com.
HCR win this year's annual quiz... ... and some easter eggs!
2022
Charlotte Perry Quizmaster Patricia Beeching
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News News News News News News Act now on SaaS contracts to beat price rises, warns HCR lawyer
from the price increases.
Changes to Divorce Law
“These increases are likely to affect hundreds of providers across the UK and Europe; I would urge anyone in this situation to move quickly to get their contracts reviewed and amended.”
The new Divorce, Dissolution and Separation Act 2020 came into force on 6th April 2022 and brought with it the biggest changes seen in matrimonial law for decades!
Silverback Commercial Law take bold step into Family Law
The aim of the Act is it to try and make the whole process less adversarial and more in line with the Government’s approach to family justice, looking to avoid conflict where possible and reducing the damaging effect that such proceedings may have on children. The main changes to the process are outlined below:
Daniel De Saulles ‘Check your contracts now’ is the warning from tech lawyer Daniel De Saulles of HCR as cloud service providers face having to tie themselves into long software licence commitments to mitigate against monthly Microsoft subscription price rises from March. Alison Rolf The changes, heralded last autumn, reflect Microsoft’s move to a new commercial approach; price rises are on average 15-20% higher than current subscription prices paid by Tier 2 providers (cloud solution providers who buy the subscriptions via Tier 1 providers). Those price rises would have to be passed on to the Tier 2 providers’ customers . If the Tier 2 providers commit to a longer licence, of between one and three years, they could be protected from the price rises.
Redditch-based Silverback Law continue to expand and grow their business for their valued clients. Earlier this year they launched their brand new Insolvency service, and they have now added a new Family Law service to their already-impressive offering, led by new Consultant Family Chartered Legal Executive, Alison Rolf. The service deals with matters involving divorce, children, finances, cohabitation agreements and pre and post nuptial agreements.
Daniel said: “The problem arises if any of the Tier 2 providers’ customers become insolvent or default on the contract they have with the Tier 2 provider, because ultimately the providers will lose money as a result of purchasing the licences from Microsoft in full and in advance.
Alison brings over 25 years’ experience in Family Law and is a member of Resolution, which advocates dealing with matters as amicably as possible. Alongside her busy legal role, she's also a local Councillor for Solihull MBC.
“We are already working with clients who are amending their contracts to take account of the changes between them and Microsoft around the provision of Software as a Service (SaaS) and also to provide as much protection as possible
The new Family Law service is available entirely at the client’s convenience, at a time and location that suits. More information on its key features can be obtained by contacting Alison on 07974 581 696 or by emailing alison.rolf@silverbacklaw.co.uk
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1. For both the new and the old law you need to show that the marriage has irretrievably broken down. However, unlike under the old law whereby if you wanted to divorce more quickly than waiting 2 years as a minimum, you needed to apportion blame either by alleging adultery or unreasonable behaviour, the new law allows you to make a Statement of Irretrievable Breakdown and then simply apply for the divorce. 2. Some of the terminology has also changed, to be in keeping with a more amicable way of proceeding: • The Petitioner is now the Applicant • The Decree Nisi is now the Conditional Order • The Decree Absolute is now the Final Order 3. There is a minimum overall time frame of 6 months which is to allow for reflection and the ability to come up with practical solutions to issues over the finances and any children that may be involved. Interestingly, it limits the ability of one party to challenge the divorce, which was used in some cases as a further means of coercive control by an abuser. Divorce and dissolution applications can now only be disputed on jurisdictional grounds, the validity of the marriage in addition to fraud and procedural compliance. 4. Parties can now apply jointly for
News News News News News News a divorce. If a joint application is required, this must be agreed to from the outset but it can still become a sole application as time progresses, depending on circumstances. If you apply together, you will be Applicant 1 and Applicant 2. If this changes during the process, one remains the Applicant whereas the other becomes the Respondent. In sole applications, the party receiving the application is the Respondent from the start. Whilst joint applications are encouraged, this needs to be carefully considered and advice should be taken as to whether this is the appropriate course of action. 5. Judicial Separation and Nullity are also covered by the changed law, but joint applications are not allowed in Nullity proceedings. Civil Partnership applications are also covered by the changes. 6. Applications can be made by Applicants in paper form or by a digital method. If you instruct a Solicitor, then you must use the digital process. We wait to see how the new rules will work in practice and hope that they achieve what Family Lawyers have been wanting for years, which is a non-confrontational system where families work together to achieve the best outcomes. The proof of the pudding will be in the eating. Family law is definitely moving forward, as these rules quickly follow the new Domestic Abuse Act which works to quickly assist those in relationships with abusive partners. The financial cost of divorce could also come down as if less arguing occurs, more money may remain in the matrimonial pot. Starting divorce proceedings is still a big step and is not one to be taken lightly, a bit like marrying in the first place! If you are unsure about the process or simply want some advice to understand your options, then please get in touch using the details below. Alison Rolf is a Chartered Legal Executive at Silverback Law and has over 25 years’ experience in all areas of Family Law
including matters involving divorce, children, finances and cohabitation. Alison can be contacted on 07974 581 696 or by emailing alison.rolf@silverbacklaw.co.uk
Newly qualified lawyers across seven of firm’s 11 offices
Rachel Turner, the firm’s training principal, said: “This is a fantastic achievement and I would like to congratulate all those who have qualified. The past two years have been difficult for trainee lawyers. They’ve missed out on the usual level of face-to-face mentoring, but we have worked very hard to provide as much opportunity for the learning that being alongside colleagues brings. “Being able to provide our talented, developing lawyers with the tools they need to take this first major step in their professional lives is extremely rewarding. Our training programmes cover everything that our trainees need to become the very best – which is exactly what our clients expect from us.”
Rachel Turner
180 years of the Worcestershire Law Society
Seven of Harrison Clark Rickerbys’ 11 offices had new solicitors celebrating on 7 March 2022, having achieved their ambition of becoming fully qualified after years of hard work and dedication. Ten newly-qualified lawyers in Cheltenham, Worcester, Hereford, Cambridge, Cardiff, Wye Valley and Thames Valley will be taking the next step in their careers with HCR. Emily Dalton and Emma Clarkson qualify and move into family law and dispute resolution in Cheltenham, while Georgina Hunt and Bruna Ronzani continue their careers in dispute resolution and corporate law in Worcester. In the firm’s Hereford office Matt Deem moves into dispute resolution, and Stephanie Waters joins the private client team. Meanwhile, in Wye Valley, Rosie Lewis continues her career in dispute resolution. In Cambridge, Murium Rehman continues her role in the world of corporate law, while in Cardiff, Lucy Edwards moves into the family law arena. In the firm’s Thames Valley office, Connie Lu will continue her career with HCR in commercial law.
The Committee of the Worcestershire Law Society have invited distinguished former President, David Hallmark, to compile a history of the Society which (as you will know) has recently celebrated its 180th anniversary. David would welcome contributions of documents, photographs, memories and personal reminiscences about the work and activities of the Society from current and past members in the hope that at least a preliminary account may be available for publication in The Pears later this year, to coincide with an event honouring past Presidents and Secretaries. I have agreed to collate and forward this information to David and his team. It would be much appreciated if contributions could be sent to me by email at patriciabeeching@gmail.com. All will be greatly appreciated and credited accordingly. Many thanks. Patricia Beeching Law Society Council Member
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Fixed fee fiasco – what is the future of clinical negligence? barrister. In theory, this seems an easy solution to a widely criticised area of law, however, this gives no consideration to complex claims, such as adult fatalities, which are often not so straight cut. Nevertheless, claims requiring more than two liability experts, multiple defendants or neonatal deaths are to be excluded.
When a claimant is successful in their clinical negligence claim, at present, the defendant will pay the legal costs of the claimant. Victoria Zinzan Although costs must be reasonable and proportionate, and sometimes subject to a detailed assessment, there is no specific limit on what the legal costs could be. Clinical negligence claims are undoubtedly complex, lengthy, and dissimilar to other areas of law. Expert evidence is highly relied upon and often evidence of numerous experts in different disciplines are required. Given the area’s complexity, thorough and detailed investigations are often required which can lead to resultant disproportionate costs. This of course is at no fault of the claimant. A significant change on how claims are calculated may lead to access to justice being limited for claimants which counteracts both the fundamental right in common law, an express part of human rights law and an essential part of the rule of law. Personal Injury, perhaps the most parallel area of law to clinical negligence, is currently governed by fixed recoverable costs and the government in September 2021 confirmed its intention to extending fixed costs for claims up to £100,000.00. This is admittedly concerning due to the immediate impact this has on ensuring
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claimants have access to appropriate levels of professional support during what is an extremely vulnerable time for them. In light of the introduction of fixed recoverable costs in personal injury, and considering the NHS’s comments that claims were rocketing, the government has begun the process of trying to introduce mandatory fixed recoverable costs for all claims worth up to £25,000.00 in compensation. It is proposed that costs would be limited to £6,000.00 for new ‘standard-track’ claims plus 20 per cent of damages agreed, and £1,500.00 plus 10 per cent of damages for what will be known as ‘light-track’ claims. With the balance of costs and time spent in mind, the level of investigations undertaken by a solicitor would be abhorrently capped. This proposed change would not only impact the quality of service given to the Claimant, but also would risk putting smaller niche clinical negligence firms out of business, potentially leading to a rise of claims brought by litigants in person, thus having a counterproductive result due to the court needing to spend more time in assisting a Claimant as opposed to the government's objective of streamlining the process. The proposed scheme encourages template letters and model expert reports be used during the initial stages of the claim and a resolution staging would be introduced, requiring a meeting between parties and a neutral evaluation by a
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So, what impact will this have on junior lawyers? As a junior lawyer myself, I was repeatedly advised to avoid clinical negligence as an area of law to qualify in due to its uncertain future and impending cost caps however I do not think junior lawyers should be afraid. Clinical Negligence is an ever-thriving area of law, with some firms making millions year on year; for example, one firm were paid over £29m in legal costs in one case alone. An obvious concern arises in junior lawyers working for smaller niche firms whose financial stability may be rocked by cost caps. The government's proposals will evidently have a direct impact on those wishing to enter the profession specialising in a niche medical law area due to it no longer being financially viable. Furthermore, a proposal which will restrict fee earner’s ability to work on low-value cases whilst compromising professional standards simply cannot be supported. Overall, the government’s proposal is based on a flawed perception that clinical negligence claims can fit into one stringent regime when in reality it is a very complex and diverse area of law. Currently, there are options for costs to be subject to a detailed assessment and negotiations often go back and forth between claimant and defendant solicitors prior to agreeing an amount to be paid. It is a consensus of both claimant and defendant solicitors to try to settle cases as early as possible and to ensure any costs to be paid are appropriate and legitimate, however this must be done without avoidable and superfluous changes to an area of law which requires scrupulous work, time and effort. Victoria Zinzan Trainee solicitor at mfg Solicitors LLP
HR for Business April 2022 What You Need To Know of the minimum wage increase from: • £8.91 to £9.50 for workers aged 23 and over (the national living wage); • £8.36 to £9.18 for workers aged 21 or 22; • £6.56 to £6.83 for workers aged 18 to 20; • £4.62 to £4.81 for workers aged under 18 who are no longer of compulsory school age; and • £4.30 to £4.81 for apprentices under 19, or over 19 and in the first year of the apprenticeship. Employers should check their pay rates against the new minimum wage rates and ensure that, where necessary, they increase remuneration for the first pay reference period beginning on or after 1 April 2022. Claire Cole
3 and 6 April: Increase statutory familyrelated pay and sick pay
April 2022 employment law changes: 30 March / 4 April: Publish your gender pay gap report Organisations have 12 months to publish their gender pay gap figures from the relevant snapshot date – 31 March for the public sector and 5 April for the private and voluntary sectors. This means that the gender pay gap reporting deadline is 30 March 2022 for public-sector employers and 4 April 2022 for private-sector and voluntary-sector employers. Organisations must publish reports on their website and on the gender pay gap reporting portal on the GOV.UK website. Employers can choose to provide a narrative around any gender pay gap, including providing an explanation for their pay gap and setting out what steps they are taking to reduce the gap. 1 April: Comply with national minimum wage rises The rates of the national minimum wage increased on 1 April 2022. The hourly rates
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The weekly rates of statutory maternity, adoption, paternity, shared parental and parental bereavement pay increase to £156.66, up from £151.97. The increases take effect on the first Sunday in April, which in 2022 is 3 April. The weekly rate of statutory sick pay also rises on 6 April 2022. The new rate is £99.35, up from £96.35. It is up to HR to make sure that staff on maternity, paternity, adoption, shared parental and parental bereavement leave, and staff on sick leave, are paid these statutory minimum rates. HR professionals also need to review their policies and documents that mention the rates, such as their maternity policies and sickness absence procedures. 6 April: Review your organisation’s IR35 compliance The extension of the IR35 rules on offpayroll working to the private sector took effect on 6 April 2021. However, HMRC stated that it would be taking a light touch to enforcement penalties during the first 12 months of the new rules, unless
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it had evidence of deliberate noncompliance. Under the rules, the organisation engaging the contractor is responsible for determining their employment status and assessing whether IR35 applies. If IR35 does apply, the organisation that pays the individual’s fees is deemed to be their employer for tax and national insurance purposes. Organisations should bear in mind that the enforcement “grace period” no longer applies from 6 April 2022. In any event, they should be regularly reviewing status determinations to ensure that they are still accurate. The first anniversary is therefore a good time for organisations to review their IR35 compliance and update status determinations where necessary. 6 April: Be aware of changes to right to work checks Employers can carry out a document (eg passport) check or, depending on the circumstances, use the Home Office online right to work service. For document checks, original documents must normally be seen but a temporary relaxation has allowed employers to make checks remotely because of the pandemic. This temporary measure was due to expire on 6 April 2022 but has now been extended to the end of September 2022. For further advice of any of the above changes or any employment related matters, please contact Claire Cole on 01905 726600 or email claire.cole@ hwhlaw.co.uk
The contents of this article are for purposes of general awareness only. They do not purport to constitute legal or professional advice. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
Work based placements – October 2022 Could you offer a University of Worcester, School of Law student a work based placement? A message from Doug Wotherspoon - Senior Lecturer @ School of Law Dear Practitioner, I am a Senior Lecturer at the School of Law at University of Worcester, and I am responsible for co-ordinating the Work Based Placement module for our final year law students. This is a module which, with the assistance of local law firms and others, we have run successfully for several years but, since the pandemic, it has proved more challenging to secure placement opportunities for our degree students. That said, several local firms have supported us from the inception of the module and many of our recent graduates are now working locally in various capacities, including as trainee solicitors. The aims of the module are to help our students in the following ways: • • • • • •
Experience a real working environment Acquire a more professional outlook Build contacts for their future career Practice ways of thinking and doing in a real-life context Bridge the gap between “law in books” and “law in practice” Develop useful skills to help them compete within a competitive professional job market.
the placement (assessment 3). The university will provide initial guidance on the required format and the necessary formalities and students can benefit from 6x 1-hour tutorials over the course of the academic year to assist them with this assignment. For the avoidance of doubt therefore, the only direct involvement and commitment beyond supervising the student from week to week is in preparing a brief report at the end of the placement. If you are able to offer a student a placement from October 2022 or indeed if you would like me to answer any questions about the module then please feel free to contact me by email (details below). Yours sincerely, Doug Wotherspoon d.wotherspoon@worc.ac.uk
I am sure you will not need me to tell you how valuable a placement experience is to our students and whilst I will be happy to discuss to details of the module in greater detail, the main requirements are intended to be ‘light touch’ with a health and safety / insurance form completed before the placement commences. The placement itself consists of at least 20 working days / 120 hours over 2 terms. This would usually involve one day a week (approximately 6 hours) in the workplace. The main obligation on the part of the placement provider is to offer learning opportunities to the student and it is of course accepted and understood by us that placement students will be expected to carry out or assist with a variety of office-based activities (at the discretion of the placement provider) commensurate with their junior / unqualified status. Whilst there is a significant work-based element to the placement, the students are also assessed and, in this regard, students are required to do 3 things: 1. Maintain and submit a weekly ‘self-reflective’ diary (assessment 1). 2. Impress the placement provider! For the purposes of assessment 2, the placement provider completes and submits to the university at the end of the placement a short document commenting on the qualities which the student has hopefully demonstrated over the course of the year. This report is made available to the student by way of feedback. 3. Submit a 5000-word independent research project based on an area of the law that the student has experienced on
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Re-inventing the wheel? The new approach to variation of lump sums in financial remedy and the overall capital division was 58/42 in favour of the Husband, who was to retain the most valuable asset, namely the family business, a private limited company providing school meals. The modest departure from equality was said to be justified by virtue of the nature of the asset to be retained by the Husband i.e. a private limited company rather than cash or property (raising the issues of risk and liquidity in a business asset). In addition, there a modest non-matrimonial dimension to the business which was not quantified but was said to have been taken into account in that small departure from equality. Juliet Allen Pears Readers will be familiar with the collection of draft orders promulgated by Mostyn J, which have for some years now been the required format for final and interim orders in financial remedy, and will recognise the following recital which we all have all obediently been inserting into any final order which requires payment of multiple lump sums: “Declaration regarding lump sum order(s) The parties agree and declare that the lump sum order set out in paragraph [para number] below should be considered to be [a series of lump sum orders] / [a lump sum order payable by instalments].” Well, based on a recent Judgment by Mostyn J himself in BT v CU [2021] EWFC 87, it would be reasonable to conclude that the inclusion of any such Declaration in the future may be completely pointless. BT v CU concerned an application by a Husband pursuant to FPR r. 9.9A to set aside the final financial remedy order on “Barder” grounds. The facts of the case were straightforward. In October 2019 District Judge Hudd had ordered the Husband to pay to the Wife a total of £950,000 as a series of lump sums: £150,000 initially followed by £200,000 each year thereafter for four years (ending in 2023), plus additional provision by way of pension-sharing and tapering spousal maintenance in lieu of interest on the lump sum. The total assets were £4.75m
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A few months after the final order was made, COVID arrived in the UK and schools were closed, significantly impacting the family business. On 27 April 2020, the Husband applied on Barder grounds to set aside the order on the basis of the impact of COVID on the business following the school closures. The issue listed for determination before Mostyn J was whether COVID was capable of being a Barder event and whether the Husband had established grounds to set aside the final order. Mostyn J delivered a detailed Judgment which covered a range of topical issues, from whether COVID could be a Barder event (TLDR: “probably not”, but will depend on the specific facts of the case) through to the Thwaite jurisdiction (TLDR: Mostyn J plainly disagrees with the recent authorities which have supported the existence of a separate “Thwaite” jurisdiction which enables the court not merely to refuse to enforce an executory order, but to make in its stead a completely different one). For the purposes of this article, however, it is Mostyn J’s findings about the variability of lump sums which are of interest. In the Judgment, Mostyn J undertakes a review of the origins of the lump sum provisions in the Matrimonial Causes Act 1973, going back to consider the recommendations of the Law Commission from 1969 which informed the lump sum provisions in the Matrimonial Proceedings
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and Property Act 1970 Act which is turn was the basis of the equivalent provisions in the 1973 Act. Having reviewed all the original material, Mostyn J concludes that contrary to the longstanding conventional wisdom, lump sums by instalments are not variable as to quantum, only as to the timing of the instalments. He goes on to say, at para 86: “On this analysis, there is not much difference between the variability of a lump sum payable by instalments and the variability of a series of lump sums. The timing of the payment of individual lump sums in a series can be altered under the inherent jurisdiction of the court as explained in Masefield v Alexander. However, the amount of the instalments cannot be altered. It is not possible later to vary the payment schedule to provide for the overall amount to be spread over a longer period in smaller instalments. In contrast, a lump sum payable by instalments can be varied in that way… Mostyn J goes on boldly to conclude that “there have been a number of cases which I respectfully suggest have misread the relevant provisions and have assumed that an order under s 31(1) and (2)(d) Matrimonial Causes Act 1973 could vary the overall quantum of a lump sum which is payable by instalments” and comments that “.. a practice has developed of framing what to all intents and purposes is a lump sum payable by instalments, as a nonvariable series of lump sums.” Mostyn J goes on to indicate his view that the question of whether the order is for a lump sum by instalments, or for a series of lump sums, has to be decided objectively by looking at the nature of the lump sums, rather than simply accepting at face value what the court and the parties have called it: i.e. you cannot change the fundamental nature of the lump sum via the inclusion of a Declaration in the Recital: “Objectively, and notwithstanding the camouflaging language, this was a lump sum payable by instalments. If the award is a pay-out under the sharing principle, but spread over time to soften the blow to
the payer, then it will surely almost always be a lump sum by instalments, regardless of how it is dressed up. If, however, there are different payments on different dates for different purposes, as described by Sir George Baker P in Coleman, then that arrangement will be a series of lump sums. Mr Chandler submits that the law should look to effect and not semantics; and cites Lord Templeman’s famous aphorism in Street v Mountford [1985] AC 809 (albeit in a different context):
under s. 31 Matrimonial Causes Act 1973: “the overall quantum can only be set aside or altered under the Barder doctrine. Under s. 31 all that can be achieved is recalibration of the payment schedule.” So, it seems the only remaining question for Mostyn J in view of what he now says in BT v CU, is why was the Declaration (as set out above) ever included in his Precedent Draft Orders in the first place?
‘...The manufacture of a five-pronged implement for manual digging results in a fork even if the manufacturer, unfamiliar with the English language, insists that he intended to make and has made a spade.’ I agree.”
For my part, I will continue to insert the Declaration in cases involving multiple lump sums to make clear what the parties intended with regards the lump sums. I have in recent orders simply expanded the Recital to fit within the analysis of Mostyn J wherever possible, e.g:
In respect of the case at hand, Mostyn J decided that notwithstanding the fact that DJ Hudd had characterised her own order as a “non-variable” series of lump sums, it was objectively a lump sum payable by instalments. However, on the basis of his conclusions about the non-variability of such lump sums, he found that the award was not variable as to overall quantum
“The parties agree and declare that the lump sums provided for at paragraph X of this order should be considered to be a non-variable series of lump sum orders, on the basis that the lump sums provided for therein are intended for different purposes, the first being a lump sum payment to enable the applicant to meet her liabilities and
the second being a lump sum in respect of the applicant’s interest in the Company.” Indeed, there has already been some doubt cast as to whether Mostyn J is correct in his new analysis which seeks to displace the received wisdom about the variation of lump sums: e.g. see the decision of His Honour Judge Hess in T v T (variation of a pension sharing order and underfunded schemes) [2021] EWFC B67. It seems likely that certainty on this point will only be achieved if a case reaches the Court of Appeal in the future. On that basis, the advice to be given to clients as to the possibility of a future variation of a lump sum by instalments (or indeed variation of what is described as a series of lump sums if it may objectively be considered one lump sum payable by instalments) remains far from clear. Juliet Allen St Philips Chambers Birmingham
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WJLD - A Day in the Life of a Trainee Solicitor: Property Litigation 12:00: I receive a call from a new enquiry regarding a potential boundary dispute. I ask the gentleman to provide me with all the background information and key dates. I make sure that I am clear on the facts before sending a note round to the team to see who has the capacity to take on the matter. I also draft an initial email to the new enquiry to assist the team.
Lucy George My name is Lucy George, I am a Trainee Solicitor at MFG Solicitors LLP, and I am currently completing my second seat with the Property Litigation department at the firm’s Bromsgrove office. Most people that I speak to have no idea what the day of a trainee solicitor entails, so hopefully this article will provide aspiring solicitors, and of course others, with an insight into life as a trainee.
13:00: Lunchtime. The office is situated on the high street, so is close to lots of cafés and shops. I take a walk down the high street, try not to go into any shops, and head back to the office. 14:00: My supervisor and I sit down to call the client regarding the Letter of Claim. We take the time to discuss each of the client’s queries in detail. I make some amendments to my draft email as we go through. We also discuss amendments to the Letter of Claim and make these with the client on the phone. After the call, we send the amended Letter of Claim to the client for final approval. My supervisor asks
My Typical Day as a Trainee Solicitor 08:30: I arrive at the office, make myself a cup of coffee and head to my desk to review my emails and highlight priority tasks for the day. This allows me to stay organised and plan the day around urgent tasks that need completing. I say hello to colleagues as they start arriving and the team discuss urgent matters. 09:00: I have been asked to carry out some research on flying freeholds and the options available to protect the owner of the flying freehold’s rights of support, shelter, and access. Using research tools such as Practical Law and MBL Seminars, I can find the information that I need, and I put together a research document for my supervisor. 10:30: I have been assisting my supervisor with a professional negligence matter and recently drafted a Letter of Claim, which we sent to the client for approval before sending to the other side. The client responded with several queries, and I therefore arrange a telephone meeting with the client and my supervisor to discuss queries and next steps. Ahead of the telephone meeting, I draft a response to the client and make some proposed amendments to the Letter of Claim.
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me to complete an attendance note for the meeting. 15:00: Today I have the opportunity to attend a client meeting with my supervisor and one of the solicitors in the team, the purpose of which is to discuss the options available to the client, the facts and next steps. The client is anxious about the prospect of litigation, and it is therefore extremely beneficial to observe how my supervisor and colleague reassure and put the client at ease. This meeting was held at the firm’s Kidderminster office, which meant that after the meeting I could say hello to colleagues who I hadn’t seen in a while (in some cases, since before the pandemic!). 17:00 – I arrive in Worcester for the Worcestershire Law Society bowling tournament. It is great to have the opportunity to meet new people and catch up with colleagues (even though my bowling score was rather embarrassing!).
New guide tackles lack of empathy in law firms As data reveals UK legal firms often fail to deliver the personal touch1 – a new guide has been launched to help improve client care and service delivery with empathy. Leading outsourced communications provider Moneypenny has compiled the free guide to help lawyers improve their reputation for client care, build more valuable relationships with clients, reduce client churn and maximise profits. Calling on its experience handling 2 million customer interactions for more than 1,000 UK legal firms each year, Moneypenny’s guide includes include practical tips to improve empathy in legal practice and ensure employees’ use of language hits the mark. It also addresses the importance of active listening and the need for empathetic leadership, plus it also includes a short quiz to help firms ascertain just how empathetic they are. Joanna Swash, CEO of Moneypenny said: “This guide reminds lawyers of the commercial necessity for empathy and shows how they can engrain it into their practices and service delivery – reassuring clients that they’re not only being heard but also listened to and understood.” “The pandemic has changed the relationships we have with each other – our peers, colleagues, and clients – and it’s
made human connection more appreciated than ever. The legal business winners of the last two years prioritised empathy and have reaped the financial rewards for doing so. But as the world returns to normal we have to make sure we don’t forget the importance of these behaviours.” Bernadette Bennett, head of the legal sector at Moneypenny said: “As a business that handles inbound and outbound communication around the clock, we know first-hand that empathy shapes client experience. It underpins how we connect with others and has the power to transform reputation. Actively listening and displaying empathy not only puts nervous and vulnerable clients at ease but offers valuable insights that can shape service delivery, and put you at the forefront of your market.” The guide was developed with insight from emotional intelligence expert and founder of the EI Evolution, Sandra Thompson. Sandra is the first Goleman emotional intelligence coach in the UK and an experienced customer experience management consultant. Sandra Thompson said: “Neuroscience tells us that it’s impossible to know exactly how someone else is feeling, yet the value of demonstrating that you’re doing your best to understand is huge – particularly when it comes to business. Brilliant client service experiences are built on empathetic interactions. That’s
how you keep your clients loyal and make your employees feel empowered.” The guide is available to download for free on Moneypenny’s website, at https:// www.moneypenny.com/uk/resources/ blog/free-resource-putting-empathy-atthe-heart-of-customer-care/ Moneypenny’s 95-strong team of dedicated legal receptionists provide firms with outsourced switchboard, managed live chat and outbound calling support – delivering scalable solutions that help legal practices remain agile, protect reputation and deliver a firstclass client experience. Established in 2000, Moneypenny is the world's market leader for telephone answering, live chat, outsourced switchboard and customer contact solutions. In total, more than 21,000 businesses across the UK benefit from Moneypenny’s mix of extraordinary people and ground-breaking technology. For more information about Moneypenny’s work with the legal sector, visit https://www. moneypenny.com/uk/legalanswering-services/ 1 Research from Insight 6’s Professional Services Report 2021 – as available here: ht t p s : / / w w w. money p e nny. c om / u k / resources/blog/turning-good-to-great-cxfor-professional-services/
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Flood Data Insights
Data from a series of Data Insights Reports from Landmark Information has shown the broad extent to which flooding poses an ongoing threat across England and Wales. information relating to environmental hazards.
a
range
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Chris Loaring, managing director of Landmark Information (Legal), said, “According to the Environment Agency, approximately one in every six properties in England are considered to be at risk of flooding. This is forecast to grow as climate change continues to translate into shifting impacts on both current and evolving land use.
Chris Loaring The report provides land and property industry professionals with insightful snapshots of rich flood data to explain the true impact risk upon communities across the country. It highlights the local authorities that have the highest rate of properties located in Flood Zones 2 and 3, and reveals that 37 out of the 335 local authorities have at least a fifth of properties in Flood Zone 2 within their jurisdiction. The report also identifies that more than 27,000 (6.7%) notable Listed Buildings are based in areas deemed to be at the highest Flood Risk parameter (3), in addition to almost 12% of all 200,000 Scheduled Monuments are situated in Flood Zones 2 or 3, which include highly notable buildings like the Tower of London, Hampton Court Palace and Caerphilly Castle. The new series of Data Insights Reports, which will be published every quarter, will focus on specific themes, from a review of planning updates and the local and national impacts, to uncovering
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“It is no secret that flooding poses a continued risk across our country – whether from surface water floods from heavy rainfall, groundwater flooding, through to coastal erosion and rising sea levels. It is something property professionals in all sectors need to be highly tuned to. “We are therefore pleased to share a series of Data Insights Reports that provide valuable and revealing insights derived from our data and help better inform those working across the property industry who can benefit from a clearer view of the future. DATA: THE LIFEBLOOD PROPERTY TRANSACTION
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“In the two decades that Landmark Information has been supporting the property industry with vital due diligence, the way the data is captured, accessed, assessed and delivered has shifted. “From paper-based reports, CD-ROMs and PDF reporting, now the transition is taking us to digital. The reliance on documents and PDFs will ease and we will see an increased appetite for digital data that feed directly into an organisation’s existing workflow. Instead of capturing a single
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moment in time, the data will instead be continuous and provide a current flow of data that is relevant at any given moment in time. “Flood data, alongside planning datasets, is one of the most dynamic risk types. The data is continually changing, driven by many factors – from local community and infrastructure updates, to the changing picture of the global climate. Having access to data that considers historical flood events while assessing modelled data relating to future impacts offers precise insights that developers and purchasers need, in order to make informed decisions. “From a legal conveyancing perspective, the way you manage – and access – that data is critically important to ensure the most appropriate advice is provided. Live data feeds will provide the most up to date picture, and this approach will herald a significant new chapter in the evolution of due diligence in the property sector. “We are proud to be driving forward this digitised approach and working closely with industry stakeholders to consider how the continued evolution of data feeds can benefit every part of the property industry.” Landmark Information has an extensive wealth of data that is used across the property industry, every day, by developers, property lawyers, environmental consultants, estate agents, surveyors, architects and planners to help in confident decision-making and in transactions. For more information visit, https:// www.landmark.co.uk/news-insights/ industry-reports/.
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1 in 6 properties in the UK are affected by flooding
0844 844 9966
| helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing
22% of Wills written through legal advisers include a charitable bequest “Legal advisers are hugely important in this space. Even the simplest of references to the option of making a charitable bequest can double the chances that a client will do so, raising vital funding for good causes, while helping them feel fulfilled that all those things they care about are covered in their Will.”
Rob Cope New figures released today show that solicitors and Will-writers are playing an increasingly important role in charitable Will-writing, with more than 1 in 5 Wills handled by UK legal advisers (22%) now including a donation to charity. The Savanta Will-writing survey*, commissioned by Remember A Charity, reveals that 7 in 10 solicitors and Willwriters (71%) always or sometimes alert clients to the Inheritance Tax benefits of leaving a gift in their Will, up from 6 in 10 (61%) in 2013. The survey also shows that the large majority of advisers (86%) proactively raise the topic of charitable bequests with their Will-writing clients, making them aware of the option to donate. Often, the charitable option is included in their routine client questions or forms. And yet, 1 in 8 advisers (12%) say they never raise the issue.
Gifts in Wills are the largest single source of voluntary income for charities in the UK, raising £3.4 billion** for good causes annually and funding vital charitable services. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate on the remaining inheritance reduces to 36%. Rob Cope, director of Remember A Charity – a consortium of 200 UK charities, says: “There’s so much to think about when writing a Will, particularly when it comes to taking care of family, friends and all those we leave behind, so a charitable donation is easily forgotten. But people in the UK are often deeply charitable, finding it both empowering and a great comfort to remember good causes by leaving a gift in their Will.
This news follows a parallel consumer study from the charity consortium, which found that public appetite for legacy giving has reached record levels, with almost 3 in 10 UK donors aged 40+ (29%) saying they had already written a gift in their Will or were preparing to do so. The same study found that the majority (60%) of charitable donors have used or would use a legal professional to set out their final wishes. Remember A Charity is working to normalise charitable Will-writing across the UK by raising awareness of legacy giving among legal professionals and the public. The campaign encourages advisers to make clients aware of the opportunity of leaving a small donation in their Will, alongside their gifts for family and friends. Through its free Campaign Supporter scheme for solicitors and Willwriters, the consortium offers promotional resources and useful guidance for referencing gifts in Wills with clients. Find out more at: www.rememberacharity. org.uk/solicitor *Savanta, Will-Writing Survey 2021 Commissioned by Remember A Charity and carried out by Savanta, this Will-writing study explores how professional advisers view and approach charitable bequests when discussing Will-writing with clients. It is based on a survey that was carried out December 2021 - January 2022 when telephone calls were made to gather the views of 230 solicitors, Will-writers and IFAs across the UK. **Smee & Ford, Legacy Trends Report 2021
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Awards for Worcestershire’s lawyers and law firms launch The search for Worcestershire’s best lawyers and legal firms has begun as the Worcestershire Law Society Legal Awards 2022 open for entries. Headlining the categories this year is the ‘Solicitor of the Year’ Award, sponsored by Index West Midlands, which works with Worcestershire’s Kate Bould law firms and property professionals providing property conveyancing searches, reports and workflow solutions. Other categories are the Family Law Firm of the Year, Trainee of the Year, Paralegal of the Year, Barrister of the Year, Administrator of the Year, and the special Outstanding Contribution award that is open to any law firm employee who has gone the extra mile for clients or colleagues. Worcestershire Law Society President Andrew Chandler heads this year’s awards judging panel, alongside Kate Bould, managing director of Index West Midlands, Charlotte Perry, Worcestershire Law Society president in 2021, Priya Tromans, Barrister at St Ives Chambers, and the Head of Worcester Law School Stephen Hurley.
“The Society’s Awards are the only ones specifically for Worcestershire’s legal professionals, and we anticipate a recordbreaking number of entries this year,” said Andrew Chandler. “Our flagship event, the Awards dinner historically attracts around 200 professionals from the county’s legal world, and is always a hugely enjoyable evening.” Kate Bould, Index West Midlands, adds: “These Awards are quite simply unique for turning a spotlight on the high calibre of legal professionals working across the county. Judging the awards is always enjoyable and interesting, and we are delighted to be sponsoring both the headline Solicitor of the Year and Administrator of the Year Awards this year. “I always look forward to the dinner and thoroughly enjoy seeing so many friends and contacts at the event,” she says. Andrew Chandler adds: “We are grateful to all our sponsors and supporters, especially to Index West Midlands that is a category sponsor for the sixth consecutive year.” Entries for the 2022 Worcestershire Law Society Legal Awards can be made online via the Society’s website: Awards 2022 Worcester Law Society (worcestershirelawsociety.com). All winners will be announced at a prestigious black-tie Awards dinner at Grafton Manor in September. Index West Midlands is the number one provider of conveyancing searches, reports and workflow solutions to the local and regional property industry across Warwickshire, Worcestershire, Herefordshire, Shropshire, Staffordshire, and the Black Country. Its property search and report portfolio covers environmental risk factors, HS2, utility and telecommunications reports. The firm works closely with the region’s Local Authorities, Law Societies, commercial and residential property lawyers and conveyancing solicitors. For more information, visit: https://indexpi.co.uk/offices/ westmidlands.html or contact westmidlands@indexpi.co.uk.
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Avoid the iffy claims Some months ago I wrote about the case of Liverpool Victoria Insurance Company Ltd -v- Dr Asef Zafar [2019] EWCA Civ 392 which concerned a fraudulent claim by a taxi driver, in my home town of Huddersfield (though we are not all criminals here!). You can read about it on my blog at https://chrismakin.co.uk/ Chris Makin can-your-expert-truly-sign-thestatement-of-truth/. A medical expert had produced a report which he was asked to alter so as to improve the claimant’s case. He did so without seeing the claimant again, and he signed a statement of truth. The insurers got to hear about this, they took action against the solicitor and the doctor, and the outcome was that the (ex)-solicitor was sent to jail, and the doctor was given a suspended sentence and, no doubt, lost his highly profitable expert practice. Litigators need to be aware that insurers are not so ready as they were to pay out on claims without careful enquiry. Another example is Shah -v- Aviva Insurance, judgment given on 19 April 2021 by Recorder Stephens sitting at Warwick County Court. THE CLAIM The claim was for personal injury and special damages including: • Hire – £23,010.00 • Recovery charge – £250.00 • Storage charges – £3,270.00 • Engineer’s fee – £144.00 • Physiotherapy – £600.00 DEVELOPMENTS UP TO TRIAL The accident had indeed happened, so liability was admitted. That was the only genuine part of the claim! A firm called Verisk handled the pre-litigation on Aviva’s behalf. The credit hire claim of £23,010 and the storage charges of £3,270 were reported on, and there were concerns. The vehicle had been advertised for sale at the claimant’s property when it should have been in storage, and insurance on the vehicle did not even start until after the hire period had ended. The claimant issued proceedings, but without the personal injury claim. The defendant allowed proceedings to be amended so as to include the personal injury claim, and that allowed them to assert fundamental dishonesty on the whole claim. There were problems with the personal injury, because the claimant had not told the medical expert that he had attended hospital for back pain months before the accident, yet that was clear from his medical records. The claimant’s financial disclosure was also defective. He had not disclosed full details of his earnings, and he had sufficient funds to repair the vehicle earlier than he did, which would have
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reduced both the hire and the storage charges – but for the deficiencies already described. When challenged on these defects, the claimant served supplementary evidence. Again there were inconsistencies, principally that the vehicle had been taken out of storage on 12 February 2019 yet storage had been claimed up to 8 March 2019. THE TRIAL At trial further issues arose when the claimant was cross examined: • He said he had driven his car home from the accident and also to the storage facility. So the vehicle was not recovered, and the claim for £250 was false. • He could not explain why he had claimed storage up to 8th March 2019 when he admitted to removing the car from storage on 12th February 2019. • When asked why he had claimed recovery, he said that he thought this related to its being delivered to the purchaser of his vehicle. • But that wasn’t right either, since he then said that he drove his vehicle to the purchaser. • When Counsel put it to him that his claim for recovery was fundamentally dishonest, he claimed he couldn’t understand the question.
• He admitted that he had another private vehicle at home, despite his assertion that he needed the hire vehicle for social use. • He was asked about physiotherapy treatment and claimed that he had undertaken it but could not explain why there was no documentary evidence to support it. It transpired that he had had no such treatment.
valuable, and no lawyer should sully their reputation by acting for claimants such as this. It just isn’t worth it. 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.
THE OUTCOME The Judge found that the claims for recovery and storage were fundamentally dishonest. The entire claim was dismissed and QOCS (Qualified One-Way Costs Shifting) was disapplied, with the defendant being awarded £10,000 in costs. The Judge also granted the defendant’s application to join the credit hire organisation (CHO) into proceedings for the purposes of a nonparty costs order. THE MORAL This was clearly a claimant who thought the insurer would be a “soft touch”, but was not intelligent enough to recognise the many deficiencies in his story. But the most disturbing aspect is that most of these deficiencies could, and should, have been recognised by the lawyers acting for the claimant. Professional reputations are
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
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Why You Must Be ‘Number One‘ Now More Than Ever
By Kim Parker, Wellbeing & Transformational Coach
Lawyers commonly strive to be Number One. It's etched into our very being to be high achievers, champion the rights of our clients, gain the edge over the opposition, never quit, be right, do whatever it takes to meet deadlines, meet ever increasing targets, and more. Pressure of work is our badge of honour. When I was a practising solicitor this was all in a day's work. In my 20+ years of practice, I never met a lazy lawyer. THE PRESSURE SOURCE Lawyers as a collective are under more pressure than ever. Amid the changing face of the profession with the official roll out of the Solicitor's Qualifying Exam, the climate change call to adapt to paperless offices and sustainability issues, restructuring of some firms and the need to re-qualify in European countries to better serve clients post-Brexit, and the emergence of freelance lawyers, there are many factors adding to legal practitioners' stress. Pressure of work alone is huge. The 2021 SDLT holiday and families' desire to acquire homes that could accommodate remote working fuelled the conveyancing boom. According to Government Statistics: UK residential property completed transactions for the financial year 2020/21 (in thousand transactions) were at 889,340. At the
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time of writing, the provisional estimate for 2021/22 is 1,167,310, a 131% increase! Divorce petitions rose by 7% in April/June 2021 compared to April/June 2020 and the number of decrees absolute was 23% higher than the previous year. There is a backlog of almost 60,000 cases in the Crown Court, and registered company insolvencies in January 2022 have more than doubled. According to the Office of National Statistics, fraud has increased by 36% and computer misuse by 89%. The Bellamy Report 2021 describes a "crisis in morale" in the criminal legal aid system, fees are low and "the sector is standing on a cliff edge." No matter what your specialist area of practice, the pressure can feel intense! THE PROBLEM "Life in the Law", the research study into lawyer wellbeing published by Law Care in September 2021, confirmed the stark truth: • Legal professionals are under strain and have a high risk of burnout • 69% have experienced mental ill health • 1 in 5 have been bullied, harassed or discriminated against at work This is real. It's out in the open. If you're facing your own demons right now... YOU ARE NOT ALONE. Life in the Law concluded that although a
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legal career can be highly rewarding, it is also demanding with a heavy workload, long hours, and a culture that deters people from asking for help or admitting they are struggling. This is a systemic failing, which will take both time and will to change. STRESS While everything happening in the profession and the outside world is beyond our individual control, each of us experiences stress to some degree. Stress is necessary for a healthy life. 'Good' stress enhances motivation and performance, can build resilience and immunity, boost brainpower and encourage growth. It helps our body prepare for challenging moments or danger ahead. But only up to a point. Too much or prolonged stress, 'bad' stress, causes cognitive overload, anxiety and breakdown in the body. Some lawyers feel that they thrive on the adrenalin rush. But there is a tipping point when stress leads to burnout. You owe it to yourself to take stock of your psychological fitness. If you want to maintain (or regain) optimum health, happiness and performance across all aspects of your life, what can you do? The first step is to notice AND acknowledge your reality.
THE SYMPTOMS What might YOU be experiencing that indicates you should pay closer attention to your wellbeing?
THE SOLUTION Lawyers generally spend their working hours seeking to meet the needs of those they represent.
Signs and symptoms vary from person to person. They can affect emotions, thoughts and behaviour.
But who will help YOU? The answer is in the title: BE NUMBER ONE.
Some examples are: poor sleep, low energy, sadness, depression, inability to relax. Relying on stimulants like coffee, or using alcohol or other addictions to 'numb' your senses. Mood swings, anger, changes in eating habits/sex drive, reduced ability to concentrate, anxiety or feelings of guilt. Overwhelm or feeling there's no end in sight, avoidance behaviour, procrastination, making mistakes, withdrawing from friends and activities. Physical problems such as unexplained aches and pains. Remember, it can happen to anyone. THE CONSEQUENCES Impaired mental health can lead to a plethora of unwanted situations from unhappiness to relationship difficulties, social isolation, work issues, financial problems, a weakened immune system or other more serious medical conditions such as heart disease. STIGMA There is a lingering stigma attached to seeking help for mental or emotional difficulties. I have noticed that this is particularly prevalent among professionals such as lawyers. Do you fear that being open about your challenges would be perceived as weakness and potentially damage your career? If so, you'll probably find yourself caught in a vicious circle. A no-win situation. A situation that only worsens over time. Few mental health problems improve by themselves. More and more people, including high profile personalities (e.g. Prince Harry), are beginning to talk openly about their own mental health challenges. To do so is, of itself, a sign of courage and strength. The world is a better place for that. The more progressive firms offer in-house support services. Remember the "Call for Kindness" campaign? Launched by Today's Conveyancer in February 2021, predicting the pressure would become unbearable, it implored the housing sector to be kind and calm. It noted that "more and more of our peers have been taking to social media to share their honest opinions of how the current situation is impacting the way we behave, type and speak to each other."
Being "Number One" in this context means putting yourself first. Making a conscious choice to prioritise meeting your own needs. Putting your own (proverbial) oxygen mask on first. This is NOT selfish. Otherwise, you're failing not only yourself but also those around you. To misquote Rudyard Kipling, “Can you keep your head when all about you are losing theirs?” The way to do that is to become the agent of your own experience of life. It's time to shift the paradigm. IT'S ALL IN YOU. What can YOU do right now? BEING NUMBER ONE IMMEDIATE STRESS RELIEF If you find yourself triggered or spiralling downwards, these tips can help bring you back to a more resourced state: Go easy on yourself. Choose to have compassion for yourself and others. The global events of the last two years have been life-changing for all of us! Give yourself what you need, including professional help if requisite. The free Law Care helpline is open every working day (0800 279 6888) and there are useful resources at www.lawcare.org.uk. Breathe! How you breathe matters. At any time, you can re-set your nervous system: Stop, pause for a moment, close your eyes, bring your awareness to your body. Take a long deep breath down to your belly, through your nose. Repeat at will.
or limping along in survival mode. This will most likely lead ultimately to burnout. I know how horrible that is! A better strategy is to lay strong foundations for a sustainably balanced and fulfilling life, so you can minimise the 'down' times and recover from setbacks more rapidly, no matter what is happening around you. I recommend a structured, supported approach, with an experienced coach such as myself, which will uncover your true vision/purpose, help you develop mindful self-awareness and show that your life is the whole jigsaw puzzle, not just a collection of optional, random, separate pieces. Work is just one of those pieces. Coaching will help you take inspired action and is a supporting structure to help you focus and stay on track, preferably before you desperately need it. It's so easy to forget what we've created and how far we've come when we only look ahead. Remember to celebrate! You might be amazed what you've achieved, learned and the difference you've made. In these challenging times, we need now more than ever to connect with that which truly matters. If we look after ourselves, we will make a difference to everyone around us. Sometimes we need a little help along the way. There's no shame in asking for help. On the contrary, it's a sign of courage and dedication to a better world. Your days of being a lone wolf are over. To discover how "It's all in You", illustrated by Kim's own career path, download your free audio/pdf here: https://www.kim-parker.com/its-all-in-youaudio/
Move! Stand up if you can, walk, jog, dance or sing your favourite uplifting song, stretch, pull faces, shake your body, massage or tap your neck and shoulders, arms and legs. If possible, get out in nature. Spend a moment breathing in the fresh air, looking with curiosity at flowers and insects, listening to birdsong, walking with no agenda. THE SUSTAINABLE APPROACH Prevention is always better than cure. If you're constantly on the edge or oscillating between coping and not coping, or you're struggling to function effectively, the best that can be said is that you're either battling
Biography: Former solicitor, Kim Parker, is an established Law Care helpline volunteer. Since 2009 she has run her successful coaching practice helping professionals around the globe create a fulfilling life and career they love, while being true to themselves. Kim is currently developing The Heart Centre, a beautiful retreat space in rural Herefordshire.
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Lawcare extends online chat service Legal mental health charity LawCare has extended its online chat service for legal professionals from one to four days a week from Tuesday 10th May. The charity, which offers free, confidential, emotional support to anyone working in the law, has been operating a helpline and peer support programme since 1997 and has supported over 10,000 people in the profession to date. It introduced online chat in July 2019 and has been running the service every Wednesday. Online chat will now be available every week Tuesday-Friday 9am-5pm and will be staffed by 10 new specially trained volunteers all of whom work in, or have worked in, the law as well as the LawCare staff team. Elizabeth Rimmer, Chief Executive of LawCare, said: “We recognise that many people can’t or won’t pick up the phone to call us for a variety of reasons so we wanted to make it easier for people to reach out and get help with whatever is concerning them. We are keen to support anyone going through
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a tough time, even if they just need to let off steam or talk through a situation, we’re here anytime they need to talk. We don’t ask for roll numbers or details of workplace and people don’t have to give their name.” Anyone working in the law including support staff can contact LawCare for free, confidential, emotional support. Online chat is available at www.lawcare.org.uk . You can also call 0800 279 6888 or email support@lawcare.org.uk. The charity also has a team of peer supporters , people who work in, or have worked in, the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring over 2/3 telephone calls to those who need it.
