Issue 25 Autumn 2021
In Touch
The Official Magazine of Suffolk & North Essex Law Society
www.snels.org.uk
1
2
www.snels.org.uk
Published by:
Contents
Articles in blue are indepedant advertorials and not neccessarily the opinions of the Society
4 Clara Rose - Finding balance in a ‘Hybrid Working’ world
Editor Amanda Timcke
5 A Message From Our President
Advertising Simon Castell
7
Features Christine Kettle
Design East Park Studio Accounts Tony Kay
Media No. 1111 Published October 2021
Legal Notice © East Park Communications Ltd.
Issue 25 Autumn 2021
6 Life in the Law – why we need to come together to improve wellbeing in the law Will Aid
8 Make great client experiences your differentiator - introducing Clio Grow 11 Partnering with Index can help with your compliance 13 The Great Legal Bake 16 Expert Witness Institute Online Conference 2021 19 Landmark Academy: Flood Data Insights
None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.
20 Lovewell Blake: Solicitors Accounts Rules
The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.
27 Remember A Charity - Landmark moment for gifts in wills
21 Advertorial - Levelling the legal services playing field 23 Geodesys - Marketing your service in the new conveyancing landscape 24 Williams Wroe - Will your legal practice survive in the 2020s? 25 Suffolk Law Centre - Coping With Covid – Still Giving Good Service 29 Remember A Charity One in five people writing wills now include a charity
www.snels.org.uk
3
Suffolk & North Essex Law Society
EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St, Birkenhead, Wirral, Merseyside, CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunication.co.uk www.eastparkcommunication.co.uk
Suffolk & North Essex Law Society
Finding balance in a ‘Hybrid Working’ world How is hybrid really working for you? Anecdotally we’re hearing that working from home is leading to longer hours and a lack of separation between home life and work life. A recent REC survey found that the average working day for office workers had risen from 9 hours a day to 12 hours a day since home working began. With things set to stay more or less the same for the foreseeable future firms need to really think about how they are treating their staff whether at home or in the office. Staff at home need to feel trusted and in control of their working day. If you feel the need to be constantly in front of your screen then home working will give you fewpositive gains and simply replicate ‘presenteeism’ (the need to be seen in the office) in the work place. Having spoken to many solicitors out there, some are feeling the pressureto be constantly “at work” and are struggling to switch off, well into the evening. Others are really making the most of the opportunity and taking
4
www.snels.org.uk
ashortwalk or other time out to consider problems before returning to the screen to implement solution. That’s how it is meant to be done! We certainly all need to be mindful of how we are working to ensure that our
work situationis sustainable for the long term. Acceptance of home working and help to make it work in a balanced and realistic way should come from the leadership within a law firm. As an individual if you are not getting that trust back from your firm then rest assured there are better options out ]there for you with firms who are doing things better!
Written by:
Clara Rose
LL.B LL.M
Clara Rose Consultancy, www.clararoseconsultancy.co.uk Tel: 020 3286 7884
A Message From Our President
Officers of the Society
Vice President Amanda Timcke Birketts Ipswich Tel: 01473 406215. Email: Amanda-Timcke@birketts.co.uk Deputy Vice President Louise Goodenough Haywards Solicitors Stowmarket Tel: 01449 613631 Fax: 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk Honorary Secretary Ivana Radovic Birketts Chelmsford Tel: 01245 211289 Email: ivana-radovic@birketts.co.uk Honorary Treasurer Louise Cardwell Ashtons Legal Tel: 01473 261320 Email: louise.cardwell@ashtonslegal.co.uk Honorary Council Member Roger Buston Birkett Long Colchester Tel: 01206 217335 Mob: 07770 305 977 Email: rbuston@apblaw.co.uk PRO/PLO Louise Goodenough Haywards Solicitors Stowmarket Tel: 01449 613631 Fax: 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk Education & Training Officer Amanda Timcke Birketts Ipswich Tel: 01473 406215. Email: Amanda-Timcke@birketts.co.uk
Dear All, It has remained a challenging time for us all in the legal profession and I start by sending my best wishes to you, families and colleagues. We remain in odd times it seems, the light at the end of the tunnel is clearly there but perhaps a little further than we might have hoped for, but we must remember that better times are ahead. As we approach the festive period, it will, this year, be one that we will be able to spend with our loved ones and a time perhaps to reflect on the past few years and the challenges we have all faced, but, on a more positive note, looking to the future and the opportunities and possibilities that we all have in front of us. No matter what area of law you are associated with we all, I know, have wondered at times what we are doing and why we do it! Looking back I think we have the sense that we wish to help others as a driving force, to provide support at difficult times and to find solutions to problems for those that we act for. We do have to realise however that we are only human and concentrate on our own wellbeing and mental health, something that at times we may overlook with the 24 hour culture that has emerged over the years. I am though pleased to hear when speaking to colleagues and friends in the profession that they feel supported largely by their firms and feel confident about the future of the profession, as whilst there are significant changes ahead for us, I do strongly believe that if we stick together and support one another we can make the profession ever stronger for the future. On a final note, we have not had many activities over the last 18 months, but watch this space as we are hoping to start to arrange some in-person events as soon as is safe to do so, the key at present being to keep everyone around us safe. Best wishes,
Christopher James Andrews
President, Suffolk & North Essex Law Society
Administrative Secretary Christine Kettle Lavender House 1 High Street Kessingland NR33 7UT Tel: 07749 576193 Email: snels@topcopysec.co.uk
www.snels.org.uk
5
Suffolk & North Essex Law Society
President Chris Andrews John Fowlers Colchester Tel: 01206 576151 Fax: 01206 761916 Email: chris@johnfowlers.co.uk
Suffolk & North Essex Law Society
Life in the Law – why we need to come together to improve wellbeing in the law This month we released the findings of our research study Life in the Law. This research, the first of its kind in this country, looked at mental health and wellbeing in the legal profession and over 1,700 professionals from the UK, Republic of Ireland, Jersey, Guernsey, and Isle of Man took part. The study questioned legal professionals on a range of areas, including work intensity (workload and working hours), and used three recognised scales for burnout (disengagement and exhaustion), autonomy (ability to control what, where, how, and with whom, work is done) and psychological safety (ability to speak up with ideas and questions, and raise concerns or admit mistakes). The research confirmed to us some of the issues we hear about at LawCare every day. Legal professionals across the board scored high on the scale for burnout. 69% had experienced mental ill-health including stress, anxiety, and depression in the 12 months before completing the survey. Of those experiencing mental ill-health, only 56.5% had talked about it at work – the most common reason for this was fear of stigma. Certain groups in the profession such as younger professionals, women, those from ethnic minority groups, and those with a disability present a greater risk of burnout. Many legal professionals are working long hours, not getting enough sleep, and 1 in 5 said they were bullied, harassed, or discriminated in the 12-month period before completing the survey. However, we didn’t only want to focus on the negative. Our aim behind Life in the Law was to look at what has a positive effect on wellbeing also, and what the profession can do as a whole to really make a difference to work-life balance in the sector. We found that as the number of hours sleep increases the rate of burnout drops. We discovered that of a wide range of workplace measures available, from private health insurance to mental health training, regular
6
www.snels.org.uk
catch-ups or appraisals were reported to be the most helpful. Having these in place helped to bolster confidence in personal development and reduce anxiety. We also asked people about their experiences working through the pandemic and whilst there have been of course many negatives such as social isolation, blurring of boundaries between life and work, and increased workloads, for some there were many positives such as greater flexibility and more agile working, and a chance to spend more time with close family and really think about what we want in life. What next? It is clear from this research that we need to work together to make the law a healthier, happier place to work. Participants in the study agreed that wellbeing in the profession is a collective responsibility and we all have a part to play – whether at an individual level in looking after ourselves, drawing boundaries, and treating our colleagues with respect or, at a more senior level, in setting out the values and culture of the organisation and having systems in place to make sure these are followed. Regulators, professional bodies, and legal educators also have their part to play in making law a profession that values its people first. This is important not just for individuals and workplaces but for the future sustainability of the profession as a whole. Here are the key areas we believe the profession needs to focus on: • Challenge the stigma surrounding mental health and wellbeing; • Change the organisational culture of law, acknowledging the important role which those in management and leadership must play in bringing about meaningful change; • Promote the importance of management training to provide the skills required to support individuals alongside regular catch-ups and appraisals;
By Elizabeth Rimmer
• Identify and engage key stakeholders in the conversation about wellbeing, acknowledging that wellbeing is a collective responsibility which will require work to be done collectively across professional and regulatory silos whilst recognising differences across areas of legal practice; • Share insights, educate, and raise awareness about wellbeing across the legal community; • Consider the intersectional nature of wellbeing within the context of multiple factors such as gender, ethnicity, disability, and sexual orientation. This research is the start of what we hope will be a long-lasting movement in the law, to take a proper look at our working practices, the culture of workplaces, the way we treat each other, the values we embody. Law’s greatest asset is the minds working within it, and we must protect those minds at all costs. We urge you to join us in making this happen.
View the full report at: www.lawcare.org.uk/lifeinthelaw
LawCare is an independent charity offering emotional support, information and training to the legal community in the UK, Channel Islands and Isle of Man. You can contact them for free, confidential, emotional support on: 0800 279 6888, email support@lawcare.org.uk or visit www.lawcare.org.uk to access webchat and other information and resources.
Will Aid Will Aid is a national will-writing campaign that takes place every November.
Founded in 1988 in response to Live Aid, and to reinforce the importance of having a professionally written will, Will Aid has been raising vital donations for nine of the UK’s best loved charities for more than 30 years. Each year local solicitors volunteer their time to write wills for people and instead of charging a fee, ask clients to make a voluntary donation to Will Aid. The money raised supports the vital work of the Will Aid partner charities: Age UK, ActionAid, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, Sightsavers and Trocaire. In the 2020 campaign, Will Aid raised more than £655,000, helping the nine partner charities continue their life-changing work after what has been an extremely challenging year. Will Aid brings so many benefits to your business. By signing up you can welcome new clients through your door and expand your reach. You also have the chance to raise the profile of your firm with the support of Will Aid’s amazing PR team. Will Aid is widely promoted in the local and national press and is also supported by several well-known celebrities such as Dame Judi Dench, Robert Peston and Iain Glen.
Suffolk & North Essex Law Society
Signing up to participate gives solicitors a fantastic opportunity to support nine charities and boost the profile of their firm. The scheme is currently recruiting solicitors in Suffolk and North Essex where there has been huge demand for wills in recent years. Ipswich-based firm, Ross Coates, has raised £35,242 in total for Will Aid and has signed up for their 19th campaign this year. Stephen Broughton, partner at the firm, said: “Will Aid is an excellent opportunity to reach people in the community who do not have a will, while taking pride in knowing you are helping nine important charities. “Not only that, but it also provides great benefits to the firm. We have welcomed new clients and our involvement has been well publicised by Will Aid’s PR team.” To raise the profile of your business, meet new clients and help charities bounce back from the impact of the pandemic, sign up to the 2021 campaign today. https://www.willaid.org.uk/solicitors
www.snels.org.uk
7
Suffolk & North Essex Law Society
Make great client experiences your differentiator — introducing Clio Grow What is your firm doing to find— and retain—clients? Client expectations have evolved, and now more than ever before, clients expect a high level of service from their lawyer. If you’re not meeting those expectations, you could be missing out on vital opportunities for your firm. Client experience counts for a lot when it comes to choosing a law firm. With more than 180,000 practising lawyers in the UK today, your competition is stiff, which means that every contact with a potential client counts. How clients interact with lawyers has changed too. In the modern legal landscape, clients are no longer willing to play phone tag with a solicitor or to spend time chasing a firm that’s hard to reach. In an industry so dependent on referrals and reputation management, building better client relationships is the differentiator that will earn you lifelong clients and continue to help
8
www.snels.org.uk
your business grow. Adopting the right legal client intake and relationship management software is key to this aim. The data* backs this up: In 2019, firms using legal client intake and relationship management solutions saw 16% more casework and over 20% more cases every month from February onward in 2020. Firms also saw a large revenue increase, too. In 2019, firms who used client relationship software saw 9% more revenue, per lawyer, with revenue continuing to increase in 2020, reaching a high of 26% more revenue in August. The right client intake and client relationship management solution could transform the way your firm does business. Take Clio Grow, Clio’s legal client intake and relationship management software, as an example. It’s designed to make it easier for lawyers to connect with clients.
With it, you can: • Use quick intake forms, scheduling, and e-signature tools to engage and retain new clients in moments, not days. • Nurture relationships by keeping clients updated with automated follow-up emails and reminders. • Get a bird’s eye view of your client pipeline using analytics and reporting tools so you never miss a single opportunity to connect. Available as part of Clio Suite, the legal industry’s only end-to-end legal software solution, with Clio Grow, you can watch your client base, billable hours, and reputation thrive. See for yourself how Clio can revolutionise the way you connect with your clients at clio.com/cambridgeshire *All figures taken from Clio’s 2020 Legal Trends Report
www.snels.org.uk
9
10
www.snels.org.uk
Partnering with Index can help with your compliance Virtual working is now commonplace and is set to continue to some extent, on a permanent basis. Where technology enables teams to work from home at a certain level, there have also been challenges and it has opened-up opportunities for cyber criminals to take advantage of altered processes.
in the technology space to provide tried, tested and trusted solutions to our clients.
According to the SRA: “Criminals are taking advantage of the disruption caused by Covid-19 and the economic downturn. Firms are now more exposed than ever to the risk of being used for money laundering. Conveyancing is currently at further risk because the stamp duty land tax (SDLT) holiday aims to increase the number and value of property transactions.”
Using Thirdfort’s innovative mobile app, consumers are able to upload copies of photo ID which are automatically analysed to confirm the document provided is genuine. Consumers are also prompted to take a selfie and record a short video (a ‘liveness’ test) to ensure the individual completing the app journey matches the information provided on the ID document.
The disruption caused by working from home has certainly increased the challenges faced by those responsible for compliance. This is in part due to the lack of technology and processes needed to support the remote environment from a compliance perspective.
Thirdfort’s latest product also incorporates the use of ‘NFC’ technology that complies with the Land Registry’s Digital ID Standard. This allows consumers to instead scan the chip in their passport using their mobile phone, automatically extracting and validating the relevant information.
To respond to the rapidly changing situation, new LSAG Draft AML Guidance has recently been published to support legal professionals in complying with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended). It includes a new section on technology which addresses the need for firms to understand the technology they have, in order to use it effectively. According to The Law Society: “A legal practice must now have clearly documented Policies, Controls and Procedures (PCPs) based on their practice-wide risk assessment which include: • Taken when new technology is adopted to protect against ML or TF risks. • Where practices use electronic identification and verification (EID&V) tools they should document the role of the tool, the data sources it uses, and in what circumstances (clients/matters) it is appropriate to use the solution.” At Index, we adopt an agile approach, where technology becomes an enabler for those responsible for compliance and with changing working patterns, we aim to help our legal clients to implement solutions to solve common issues. For example: we work with best-in-class industry leaders
One example is the integration of our Index Platform with Thirdfort (www.thirdfort.com). Thirdfort is a leading Digital ID verification, AML and Source of Funds provider.
Open Banking technology allows consumers to connect their bank account(s) to Thirdfort’s app, providing solicitors with 6 months of bank statements and details of the largest ingoing and outgoing transactions. This data is provided along with the ID and AML information in a clear and easy to understand PDF report enabling solicitors to comply with all relevant regulations swiftly and remotely. All Thirdfort ID, AML and Source of Funds checks can be initiated and managed via the Index platform. Olly Thornton-Berry director, Thirdfort confirms: “Although the move to digital has been accelerated in the past 12 months, around 80% of all legal client onboarding is still completed manually. However, it costs just £30 to buy false bank statements online! Therefore, using the most advanced digital practices through the Thirdfort app integrated with Index’ platform, now means the whole client onboarding process can become digitalised and completed in a few minutes rather than weeks.” At Index, our goal is to bring the very latest solutions to our clients and importantly, supply the support and team behind the
tech as this is what ultimately ensures it works. Our locally based, experienced team understand the challenges faced by legal professionals and offer dedicated support to ensure technology integrations through our Index Platform are always as smooth as possible. In addition to solutions such as the integration with Thirdfort, we help legal professionals with their due diligence through providing risk management solutions such as Lawyer Checker which ensures client funds are sent to a legitimate bank account associated with the seller’s solicitors. We also work closely with Lexsure offering: LENDERmonitor - Enables lawyers to stay on top of lenders’ policy requirements as set out in Part 2 of their Handbook instructions. With 25% of all negligence claims against solicitors being brought by lenders, LENDERmonitor is an essential yet simple risk-mitigation tool. COMPLETIONmonitor - Intelligent, interactive online checklist and risk management system used by property lawyers, which can assist with securing or reducing law firms’ indemnity insurance and with securing/retaining membership of lender panels. Finally, Index are proud to support the Law Society Conveyancing Quality Scheme (CQS). By working with Index and our partners we will help you to monitor and react to CQS standards thus ensuring compliance and confidence if audited. Not only will you be able to prove to lender panels that you adhere to the Law Society’s quality standards but put an attractive case to PI insurers that your firm is actively managing and mitigating risks. These are just a few examples of how we help employ the right solution enabled by the right technology all brought together through our user-friendly platform and supported by our dedicated teams, to enable legal professionals to focus on providing a better service for their clients. By Stuart Whaley, Director, INDEX East Anglia To find out more, call Index East Anglia on 01485 524320 or email: eastanglia@indexpi.co.uk
www.snels.org.uk www.snels.org.uk
11 11
Suffolk & North Essex Law Society
At Index, we understand that legal professionals need quick and consistent access to a whole range of tools to support them in providing an excellent service to their clients, whilst following compliance protocols. Property searches are at the core of what we do, but it is the added benefits of being an Index partner that really makes us different.
12
www.snels.org.uk
The Great Legal Bake
With the Great British Bake Off returning to our TV screens later this month, it is a perfect time for inspiring you to create some cupcakes, serve up sausage rolls or showcase your showstopper. All the information about the Great Legal Bake and to sign up a team is on our website: https://atjf.org.uk/great-legal-bake
Suffolk & North Essex Law Society
After 18 months of waiting, we are pleased to announce that The #GreatLegalBake 2021 is back in celebration of 20 years of Pro Bono Week and in aid of the Eastern Legal Support Trust!
Bake all week or choose whisk-ever day suits best! You and your organisation can raise some dough to support access to justice by selling your bakes in your office or by inviting some friends around to your home. Because this year’s event falls during Pro Bono Week 2021, The Pro Bono Committee will also be judging the top 20 bakes to mark their 20th anniversary!
How does it work? 1. Sign up your firm or organisation here. 2. You will receive a fundraising pack and create a Virgin Money Giving page from the Access to Justice Foundation 3. Organise your legal bake during Pro Bono Week (1st-5th November 2021). 4. Donate your funds to the Eastern Legal Support Trust. Why do we bake? There are an estimated 14 million people in the UK who live in poverty and cannot afford access to justice. The legal bake is an excellent way to have fun, and bake a difference!
www.snels.org.uk
13
Suffolk & North Essex Law Society
All funds raised will be donated to Eastern based free legal advice charities!
Join us and #Bakeforjustice! For further details or questions regarding the Great Legal Bake, email events@ atjf.org.uk or contact Laura Cassidy – 07776151101. The Eastern Legal Support Trust is a local arm of The Access to Justice Foundation. Company limited by guarantee (No. 6714178). Charity registered in England and Wales (No. 1126147) and in Scotland (No. SC048584).
14
www.snels.org.uk
www.snels.org.uk
15
Suffolk & North Essex Law Society
EXPERT WITNESS INSTITUTE ONLINE CONFERENCE 2021 “Lawyers and Experts”: Facing the Future Together Friday 28th May 2021 WE MISSED YOU ALL – BUT SEE YOU NEXT YEAR IN PERSON! An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator Lord Hodge, Deputy President of the Supreme Court, and the new EWI President from October 2020, gave an absorbing keynote speech at this year’s online EWI Conference, chaired throughout by Saba Naqshbandi, whom we welcome to the role. To state the obvious (for some), it was a somewhat surreal experience this time round without the face-to-face chats and the nattering and meeting up with old colleagues: coronavirus was the unfortunate theme throughout, too. However, two speeches stood out for the 2021 Conference this year: those of Lord Hodge and Sir Martin Spencer. Lord Hodge: The Keynote Speech Lord Hodge spoke of what the court expects of a competent expert witness reflecting on his own experience of expert witnesses, both as a judge and advocate. He described the critical role of the expert witness in the administration of justice, together with judicial expectation. His lordship also shared thoughts on the impact of the pandemic on the courts saying that the title of the conference, ‘Lawyers and Experts: Facing the Future together’, “felt particularly apt”. Hodge set out what he felt the court expects of a competent expert witness, and we have highlighted some of these points:
16
Independence and Impartiality. While this might seem obvious,
www.snels.org.uk
he felt it was concerning that in a 2019 survey 25% of expert witnesses had felt pressurized to change their report in a way that damaged their impartiality, and 41% indicated that they had come across other expert witnesses they considered to be a ‘hired gun’
Expert evidence must be ‘expert’,
In addition, an expert witness had to undertake the task of ‘being an expert’, being aware and competent in their duties to the court,
Continual critical examination of their own work or opinion.
Ownership, or, as expressed by McFarlane LJ in a 2018 speech in one word: ‘Clarity’. Both clarity of thought and clarity of expression or presentation of the evidence will assist the judge greatly. Hodge stressed that it was “imperative that expert witnesses take full responsibility throughout the process of preparation and presentation for his or her opinion evidence”.
“Judges, lawyers and experts have to face the future together”, said his lordship, reflecting on this theme and the dramatic impact of the COVID-19 pandemic on the courts. “I am very much aware that life had not been easy for expert witnesses during the pandemic both in terms of carrying out physical site visits or examinations and in financial impact, be that through postponed trials, or delays in payment”. Sentiments felt by all of us! Although some may not agree, Hodge observed that “not all consequences of the pandemic were bad”. The court’s operations during the pandemic were, from the words of the Lord Burnett, that it is “the biggest pilot project the justice system has ever seen.” It was important to take time to reflect on what
had worked well and how this could be harnessed more broadly to improve the overall function of our system of justice, concluded Lord Hodge. “The task of transforming our justice system”, he continued, “required the input of all actors in the court system”. He repeated that we “have to face the future together”, so this conference presented an opportunity “to enhance the contribution of expert witnesses and those lawyers who work with them in support of that aim”. Sir Martin Spencer It is always a pleasure to hear from the EWI Chair, Martin Spencer. Sage advice as always, and he offered these words concluding the conference: “Since our last conference, we have worked through two further periods of lockdown from the Covid19 pandemic, and we have all continued to adapt to new working practices”. “But”, he continued, “as social distancing measures ease, even the Lord Chief Justice has said that ‘remote and hybrid hearings will still play their part in managing footfall in courtrooms and public areas.’ We suppose so, but some return to normality is to be yearned for in 2022. So, this year’s conference theme is, says Martin, “very relevant in considering how both Lawyers and Experts can learn from each other and embrace many of the changes as we move forward”. Speaking of the panel discussions and breakout sessions, he said that “this year we have brought together a formidable team of speakers, knowledgeable and influential in their fields, with a huge breadth of experience”. It should not go unsaid that every recent annual conference we have attended broadens the mind! A virtual “au revoir” until 2022 and let us hope we can all meet up together in person once more to enhance the panel and breakout sessions!
www.snels.org.uk
17
18
www.snels.org.uk
Suffolk & North Essex Law Society
Landmark Academy: Flood Data Insights.
Data from the first in a new series of Data Insights Reports from Landmark Information has shown the broad extent to which flooding poses an ongoing threat across England and Wales. 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 information relating to a range of environmental hazards.
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. “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 of the property transaction “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 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 c hanging 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/.
www.snels.org.uk
19
Suffolk & North Essex Law Society
Data from the first in a new series of Data Insights Reports from Landmark Information has shown the broad extent to which flooding poses an ongoing threat across England and Wales.
Suffolk & North Essex Law Society
Solicitors Accounts Rules It is nearly two years since the Solicitors Accounts Rules were updated, and while the new rules have generally been well received, they have thrown up a couple of issues regarding client money which still require attention. The new rules centre around keeping client money safe, with some specific requirements, such as regular bank reconciliations signed off by the COFA, maintaining a central register of client accounts and a separate record of transactions carried out in respect of the client’s own account. The rules put the onus on individual practices to set out their own procedures, timescales and controls to ensure they are compliant. One of the main pitfalls we are seeing is regarding dormant client balances. Where there is no longer a proper reason to hold the funds, the balances should be returned ‘promptly’ to the client. It is down to the practice to ensure there are proper review procedures in place to spot where funds have lain dormant for a period of time. The word ‘promptly’ appears frequently in the new rules, with individual practices encouraged to set out and document their own time frames which fit the needs of their individual business, whilst ensuring that client money is protected.
20
www.snels.org.uk
There is an expectation that each firm will have its own explicit policies, which they will then be expected to comply with. Our experience from the past 22 months suggests that it is here that some practices are falling down, failing to put in place adequate policies. Red flags such as breaches happening too often, those concerning high values, breaches not being corrected in a timely manner and loss of client money, are all likely to attract an auditor’s attention. As accountants, we report on the practice’s compliance with the Solicitors Accounts Rules. We assess whether any breaches or weaknesses found are considered “significant,” or have put client money at risk. Any such issues would be reported to the Solicitors Regulation Authority (SRA). The SRA has some useful guidance on the subject here: https://www.sra.org.uk/solicitors/guidance/clients-own-account/, and we at Lovewell Blake are very happy to offer practical advice on ensuring robust policies and procedures are in place to help your practice operate in line with the Accounts Rules. We love to work closely with our clients to put in place and review proper policies and accounting systems, that are tailored to their individual businesses.
Advertorial
Levelling the legal services playing field What do we really want when we’re looking for something… an answer!
A YouGov consumer survey cited “quality of legal advice” to be the most important factor (87% of consumers) when choosing a legal services provider. Aside from cost, “ease of obtaining legal services” was important to 86% of those surveyed; 85% asked for “experience and qualifications,” and 70% wanted “local offices” and/or “face to face” contact. As we start to exit the most challenging 18 months many of us can ever remember there will be opportunities. Many of us have cut costs and reduced overheads. Some have been busy; many, many conveyancers and private client practitioners have been inundated, with the property market booming as a result of the Stamp Duty Land Tax holiday, and an increase in estate planning enquiries. As we move into what feels like the next phase of the “new normal” it is vital that you continue to invest in winning new work. We are already seeing a dip in new properties coming to market; private client enquiries have plateaued; we are now returning to a sense of normality and our activity must reflect this. Your slice of the pie Legal services remains incredibly fragmented, still very focused on delivery on a local level, despite the pandemic. Yes, it has driven clients online, but they are still searching for local search terms.
“Solicitor in Woking”; “write a will near to me.” When you search on search engines like Google and Bing one of the first automated search terms pre-populates the question with “near me.” “Plumbers near me,” “electrician near me.” The results now incorporate a whole host of sources including websites, video and social… so, it is increasingly important that you have an online presence which will enable you to capture this traffic. We often forget about our own experiences when it comes to applying the same principles in our businesses.
The search engine algorithms are geared toward finding answers. Google themselves have given us some guidance on their philosophy of EAT. The acronym stands for expertise, authority, and trustworthiness and each search result is ranked against these measures of credibility to try and deliver back the answer to the question being asked. Improving online engagement Our objective when we’re writing online then is to try and answer the questions that are being asked about legal services. We need to be able to engage people so that they start to feel that they know, like, and trust us before they commit their hard-earned cash. In the same way you might hold a conversation with a client face to face, or over the phone, you need to be able to convey your authority, expertise and credibility on the subject to foster confidence. In the absence of face-to-face communication how do we establish this rapport and credibility in an online environment? Coming out fighting Instead of burying their heads in the sand, we are seeing businesses coming out fighting and looking at how they can best approach the uncertainty to come out the other side stronger… you might recall those that came out of 2007/08 strongest were the businesses that continued to invest in communicating with clients and prospects. We are seeing businesses adopt new (and old!) ways of communicating with their clients and users, using video, direct messages via Facebook, e-newsletters and even going back to traditional paper mailers. Our online content, whether that is video, blogs, website content, social media posts etc, should all convey our expertise on the subject matter. We should be setting out to help people find out answers to questions they want to know about legal services. Using tools like Moz, Google Keyword Planner and Semrush you can research the terms that people are searching for around the subject matter. This will help to inform and prioritise what you write about.
To help you deliver expert, authoritative and trustworthy online content, here are 6 quick tips we think will help you build up your online credibility without spending a fortune: • Demonstrate knowledge by providing informative articles and case studies on your website and to local newspapers and press. Be the “subject matter expert” and demonstrate your expertise through carefully written, “tell, not sell” articles and blogs. • People buy locally. You can raise awareness in your local area publishing articles and on social media about the methods you have put in place to provide your services without face-to-face contact. • Ask for client testimonials to prove your experience, ask for happy clients to post on your social media pages and on Google reviews • Update existing customers with a newsletter, or even brief e-shots with informative information which your customers won’t have read elsewhere. Encourage recipients to share with their friends and family. • Ensure you have a mobile friendly website. Like you, your customers will check out companies online before committing. Make your company look as professional online as you do when seeing them face to face. • Ensure that your website has a Google My Business listing.
Today’s Legal Content is part of Today’s Media, the publishers of the popular Today’s Conveyancer, Today’s Wills and Probate and Today’s Family Lawyer daily news journals. Through expert SEO-considered articles on a range of B2B and B2B subjects we can help you build up your online content library and improve the effectiveness of your web presence. Contact Lindsay Gibson today on Lindsay.Gibson@todaysmedia.co.uk or call 0330 1000 839
www.snels.org.uk
21
Suffolk & North Essex Law Society
We have never before seen a time when so many consumers are looking for professional legal services, with many now driven online as a result of the COVID-19 pandemic.
Increasingly we are using longer search terms to find what we want. And in order to capture this interest we need to be able to answer the questions people are asking.
Cutting costs without cutting opportunity
22
www.snels.org.uk
Marketing your service in the new conveyancing landscape Suffolk & North Essex Law Society
Once the conveyancing industry emerges from the current high numbers of instructions and stamp duty deadline, what’s next? Ensuring your practice remains competitive in the face of online conveyancing, panels and agency referrals can see like an uphill battle, and, without a dedicated marketing resource, you may feel that your business development efforts can be limited. Luckily there are plenty of approaches and tools that all the conveyancing team can take advantage of, and many of these can managed in-house. We present some clear steps to help you reach new and previous homebuying customers, whatever the marketing budget and resource you have available to you. Branding and differentiation
Having the right skills
In this digital age it can be easy to forget the importance of brand in conveyancing. There are thousands of definitions of “brand” but, keeping it simple, it’s really about differentiating your service, adding to the value that your service offers and communicating this effectively. Whilst building a strong brand may seem more relevant to heavy-lifting consumer companies, it’s not out of reach to smaller, more traditional businesses and, no, not even to conveyancers!
It’s also worth considering whether you are using the right people to follow up enquiries. Administrative staff may be highly skilled in providing conveyancing information and quotes, but may not be engaging with customers particularly well. Analysing the success of different colleagues involved in responding and call-backs can be useful in identifying if any have a natural talent for converting enquiries into business. Successful approaches can then be replicated. Although universally unpopular, role-playing different phone conversations can be really good for training staff and helping them to optimise calls to potential clients. If you don’t have anyone with the right skills internally though, this is an area where investment in external sales training can really pay off. There are some very simple techniques that used to improve confidence and raise conversion rates.
Buying a property is an significant commitment and the nature of the conveyancing process presents lots of opportunities for the conveyancer to build and communicate value to their customers. Customer insight is key to this. As a conveyancer you’ll be used to dealing with different types of client, but can you truthfully say that you know what your clients look like, what’s important to them and structure this information in a useful way? If you have a marketing team, some of this work may have been completed, but even without a marketing resource, a lot of useful information can be gleaned from customer feedback. This can come to you directly or via Google, but if you’re not getting that all-important insight, why not consider a quick customer satisfaction survey, or hand out a short questionnaire to new customers or at any local events you may attend? The findings can often surprise you and can help you shape your brand, content and messaging to the needs of your market. There’s often a wealth of knowledge hidden within the company so working with colleagues to structure this can be invaluable, supporting brand building and possibly even a simple customer client segmentation to information the experience for different types of home-buying clients. Optimising the value of client enquiries
All businesses can lose sight of the quality enquiries that they receive about their service and, for busy conveyancers in particular, it can be difficult to find the time to analyse enquiries in a useful way. In the same way as the branding exercise, however, it’s amazing what can learnt from reviewing different conveyancing enquiries received by your practice. All members of the team can be involved in this exercise and can brainstorm how responses ought to be handled. Ask colleagues to come up with ideas on the main benefits of instructing your firm and the best of these ideas can incorporated into different approaches used for outbound calling.
Timing
As mentioned above, customer experience is incredibly important when dealing with a conveyancer. If your team has been providing a great customer experience, you should have no problems in attracting back former clients, but the key, of course, is to know when they are back in the market for your conveyancing services. Using a service to alert you to former clients listing their property for sale allows you to contact them at precisely the point they require a conveyancing service. And neither GDPR nor the SRA Publicity Codes are barriers to using such a service. Conveyancers can use Legitimate Interest as the basis for processing former client data, and Version 19 of the SRA Code excludes current and former clients from the prohibition on unsolicited approaches. Conveyancing Alert services are often offered by search providers and can be tailored to your budget. Ready to give it a go?
www.snels.org.uk
23
Will your legal practice survive in the 2020s?
Essentials for maintaining a successful law practice Suffolk & North Essex Law Society
The last eighteen months have been transformative. Law firms were forced to adapt to the threat of COVID19 and suddenly we were all either working from home, furloughed, or facing redundancy. There have undoubtedly been individual and collective challenges across many fronts, but the pandemic has also provided an opportunity to fast track positive changes. We predict that the top priorities of firms in 2021/22 will be reducing costs, the improved use of technology to streamline processes, more innovative ways to provide services to clients, and an increased focus on work/life balance for employees. Clients’ demands, needs, and priorities all pivoted in new directions as the pandemic kicked in and continues to have a profound impact on legal spending. Increasingly, clients will want law firms to deliver cost effective services, often at fixed prices, but at the same time retain highly experienced professionals able to address their most challenging needs. To succeed, firms must continually improve their own service delivery methods to surpass client expectations and increase client value, whilst improving profitability and lowering costs. Everyone in the firm, from the partners down must continually seek better ways to deliver services. This means implementing more efficient resourcing, and workflow processes. Firms that are successful at this will differentiate themselves in a crowded marketplace, utilise their resources more profitability, and lock in client loyalty. Service delivery innovation enhances a firm’s ability to lock in client loyalty through easier buying processes, clearer communication, and an increased ability to meet client needs. The result is that clients will prefer to stay with existing legal service providers and firms can mitigate the threats posed by competitors. Retention of clients is of course the lifeblood of any business; however, the retention of a talented workforce is critical to client service delivery. Remote working opens up opportunities to engage new talent and adopt more agile working practices. The pandemic has forced most traditional law firms to re-examine their often dysfunctional and archaic business models. Many law firms are built on the creation of a belief system that non owner lawyers must dedicate most of their waking hours to the firm and expect to have little personal time.
24
www.snels.org.uk
This method preys on the insecurities of young lawyers and has been successful at maintaining loyalty and high retention rates, but it has come at a steep cost in the form of high levels of stress, addiction, burnout and even suicides. Law firm leaders have a unique opportunity to listen to colleagues whose needs and priorities have certainly changed during the coronavirus pandemic. Return to work strategies need to focus on what employees need. Proactive firms have already begun to seek feedback from their workforce on how they want to work moving forward. Different people work in different ways, and flexibility is key to achieving high levels of employee satisfaction. The focus on employee wellbeing has never been greater and is inseparably linked to employee attraction and retention. An in-person office experience is still appealing to some employees who will have missed the spontaneity of interacting with colleagues, and camaraderie of group teamwork. Those returning to the office are likely to have higher expectations for their workspace, with access to both private space and more flexible, inviting space for collaboration with colleagues when required. Meanwhile, others may now have a preference for working from home and will need encouragement to return to the office. Firms who decide to offer flexibility for remote working must continue to invest in hardware, software, and internet support, as well as maintain regular communication, and undertake health and safety checks on the home working environment. Employee experience is now a hot topic, alongside equality, inclusion, and diversity, as firms become increasingly aware that employee wellbeing is a competitive advantage. Firms that commit to fostering an enduring legacy must invest time and effort into providing individual wellbeing support and guidance to help lawyers through leadership training, coaching, and mentoring, business development skills training, and opportunities to develop business acumen.
It is inevitable that firms will need to invest in upskilling the digital competencies of their workforce, as video meetings shift from a novelty to the norm. Training in how to conduct multi party meetings effectively, and the use of branded greenscreen backgrounds will project a more professional image. Firms may also need to invest in ensuring their employees have reliable broadband, which remains an issue for some living in more remote areas. Forward thinking employers would be wise to accommodate those employees who want to permanently work from home or adopt more hybrid solutions to achieve a better work life balance. Firms who continuously listen to their employees will create better employee experiences and this will help firms to become more attractive employers and better able to build a resilient workforce. It is unlikely that firms will move to a predominantly home working model, however working from home one or two days a week may become common practice and an opportunity to engage with lawyers who for various personal reasons want to avoid commuting. Hybrid models also offer opportunities for firms to recruit lawyers outside of their office geographical locations. There will be pressure to reduce office accommodation and associated costs, even as firms gradually transition out of lockdown with a semi return to office working. Hot desking will become more prevalent provided strict sanitation measures are in place to protect employee safety. Firms will need to consider whether some practice areas are economically viable, and whether a more flexible resourcing model to cope with fluctuations in demand for services may be necessary. Embracing positive change in the profession will be dependent on the ability and willingness of lawyers across the sector to advocate for the changes they want to see, and law firm leaders must be held accountable to ensure a much-needed evolution in the future delivery of legal services.
Kimberley Williams (Director) Williams Wroe Law Management Consultants
kimberleywilliamswroe
www.linkedin.com/in/kimberleywilliamswroe
www.williams-wroe.com
©
Williams Wroe
Coping With Covid – At the Law Centre, we are now talking about writing an Impact Report to reflect on our work. Whilst usually annual, we haven’t done once since 2019 as last year, quite frankly we were too busy with the lockdown. So, we will be writing one to cover the last two years and our plans for the future.
ISCRE 46a St Matthews St. Ipswich Suffolk IP1 3EP (Suffolk Law Advice Clinics & Tackling Discrimination in the East)
“This year so far, January – September 2021 SLC has received 1,455 enquiries into the law center. Of that number, we have provided 602 LAC appointments. We are very proud of our new clinic Wills/Probate and Eldercare that started this year which has advised to 35 clients. We have received some excellent feedback from LAC clients who have benefitted from our service provision.
To prepare, I asked Law Centre colleagues about their suggestions for content. Many of them focused on client feedback and some of the new developments we have introduced over the last couple of years: such as the new Wills Probate and Elder Care Clinic and early interventions to assist litigants in person, especially those with clusters of different legal problems. Ruby Peacock, a Discrimination Legal Advisor, reminded me of feedback from a couple of disabled clients we had assisted with discrimination ET claims against former employers.
Client at General Appointment July 2021 I was advised of the route I needed to take to obtain further help with my insurance claim which had been rejected, all to no avail. As mentioned above, I located the Law Advice Centre who could not have been more helpful. They listened to my issue and referred me to a solicitor who confirmed my thoughts and was very helpful in ensuring that my complaint was resolved. I would certainly recommend this service. Client at Housing Appointment May 2021 I couldn’t be happier with the service I received. They were very understanding and went out of their way to get me the help I needed in a very quick fashion. What a great service to provide – Thank you!!
One, let’s call him ‘Steve’ had a physical disability. His former employer disputed he was even disabled and then tried holding back relevant documents which they didn’t want to disclose (on the interesting grounds that they would not assist them). After a successful hearing and threats to apply for their defence to be struck out, we got a settlement and got this feedback:
“I just wanted to write formally to thank you all for your hard work and diligence in the matter of my discrimination claim. The result is everything I had hoped for and would not have been possible without your respective efforts. The UK legal system is not always perfect and, for every successful claimant like me, I suspect there are probably half a dozen people who are unable to access the means to stand their corner at a Tribunal. Organisations such as Suffolk Law Centre make this kind of justified litigation possible for ‘the underdog’. Another client, ‘Andrew’ wrote,
“When I was put in touch with the charity I was nervous I had just lost my job and my confidence had taken a beating, I was greeted with a warm welcome and then was put in touch with Carol who listened to my side, re-grew my confidence and gave me the strength to fight for what I knew that happened to me was wrong. My case wasn’t easy, covid hit and I knew I was in for a battle as the company I worked for would never admit what they had done to me, but a year and a half later my case has been settled and all the work has to be credited to you guys and especially Carol all through the process it has been a clear line of commutation, with action points and help in understanding the meaning and next steps even through the pandemic and when I started working again Carol always went above and beyond to arrange calls in the evenings to ensure I had a clear understanding.” Sharon Lee one of our Triage Officers said...
Client at Housing Appointment May 2021 I just wanted to drop you a quick note of thanks. At the end of last year we accessed advice with Alison, the housing lawyer you work with, which helped us make the decision to pursue a tribunal to challenge the Section 13 notice that had been issued to us. The tribunal happened this week, and the judge ruled with us - that the notice was superseded by the terms of our contract and couldn’t be enforced! We’re now busy drafting a complaint letter to the lettings agent, safe in the knowledge that our rent is fixed for our final months in this flat. We couldn’t have done this so confidently were it not for Alison’s advice and the free support provided by the Law Centre. Thank you so, so much. General Appointment feedback June 2021 You probably will not remember but through the Suffolk Law Centre, you put me in touch with Louise Plant [Prettys], with regards to helping me with my insurance dispute. I have been in regular contact with Louise and am now delighted to say that I have finally received the full settlement of my claim. I would therefore like to make a donation to your society, as a way of thanking you for putting me in touch with Louise. I am not sure of the best way of doing this and wondered if you could offer any advice. Georgia, another Legal Triage Officer wrote “since May 2021, I have helped an average of 17 clients a month to deal with a range of issues as litigants in person. This includes the areas of family, employment, housing, debt, discrimination, immigration, community care, policing, and small claims. I have been particularly pleased to assist vulnerable clients with adjourning upcoming court hearings so that they can find representation and/or ensure that they can recover and take the steps necessary to deal with their situations. Additionally, I have helped several clients with clustered issues spanning several legal areas, sometimes amounting to three or four different types.” It is only with significant financial support that we can undertake this clearly important legal work. Please save the date on Wednes
www.snels.org.uk
25
Suffolk & North Essex Law Society
Still Giving Good Service
Tel: 01473 408 111 Fax: 08723529201 web: www.iscre.org.uk
26
www.snels.org.uk
PRESS RELEASE
ONE MILLION CHARITABLE BEQUESTS DONATED OVER 10 YEARS Consortium celebrates landmark legacy moment at start of Remember A Charity Week
06 September 2021, London: A landmark goal for charitable bequests has been reached with over one million gifts in Wills donated to charities over the past decade, according to figures released to coincide with the launch of
Remember A Charity Week
(06-12 September 2021).
With over 100,000 charitable bequests left in Wills each year, more than one million gifts were donated from 2010/11 to 2019/20, data from Smee & Ford shows. Over that time, cumulative legacy income to UK charities exceeded £23 billion, funding vital services across the country. Appetite for legacy giving continues to grow and, despite recent delays at probate, the number of charitable bequests is predicted to rise by 30% over the decade.*
The 200-strong charity consortium Remember A Charity launches its week-long public awareness campaign today, encouraging people across the country to consider leaving a gift in their Will. A collaborative initiative, the campaign brings charities together with 1,300 legal professionals to champion legacy giving across the UK. Head judge of Dancing with the Stars, Len Goodman, is supporting the campaign, having altered his own Will to include a charity. Rob Cope, director of Remember A Charity, says: “Legacy giving can be transformational for UK charities and it’s wonderful to consider the phenomenal impact of those gifts. Donations have long been on the rise, but the global pandemic has accelerated that growth, shining a spotlight on the critical role of charities in our communities and the importance of Will-writing. This funding is critical for the sector as we strive to build back and strengthen resilience for whatever the future holds.
Media queries: Contact Lucinda Frostick, Turner PR;
“Remember A Charity Week is a great opportunity for legal advisers to open up conversation about gifts in Wills and to help ensure that all clients are aware of the opportunity of including a gift in their Will, after taking care of family and friends.” Remember A Charity runs a Campaign Supporter scheme for legal professions, offering information and resources for solicitors, Will-writers and professional advisers about raising the topic of gifts in Wills with clients.
Find out more at: http://www.rememberacharity.org.uk/ solicitor *Source: Legacy Foresight, 2021
lucinda@turnerpr.co.uk
07712 045 308
Remember A Charity Week Remember A Charity Week (6-12th September 2021) is an awareness week organised by charity consortium Remember A Charity, which aims to shine a light on the importance of gifts in Wills to charities.
Remember A Charity Remember A Charity was formed in the year 2000 as a consortium of charities working to encourage more people to consider leaving a gift to charity in their Will. A representative voice for the sector with over 200 charity members, the campaign works with Government, the legal profession, and employers to help normalise legacy giving. Remember A Charity is part of the Chartered Institute of Fundraising, which is incorporated by Royal Charter (RC000910) and is a charity registered in England and Wales (No. 1188764) and Scotland (No. SC050060).
www.snels.org.uk
27
Suffolk & North Essex Law Society
LANDMARK MOMENT FOR GIFTS IN WILLS –
28
www.snels.org.uk
One in five people writing wills now include a charity Growth of gifts in wills In 2020, many legal firms recorded an uplift in wills, with the Law Society reporting a ‘striking shift’ – that 7% of UK adults had written a will during the first lockdown. But the crisis prompted another notable shift; heightened awareness of the critical role of charities in our communities, inspiring the public to use their will to give back.
Typically, professional advisers raise the topic during the standard will-writing process or estate planning, alerting clients to the relevant Inheritance Tax breaks. Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated. Cope adds: “The Inheritance Tax framework makes legacy giving all the more appealing, but we’re conscious that there are many myths among the public around donating from your will and this can prevent supporters from doing so.” These myths were highlighted in a recent survey of over 170 financial advisers, carried out by the Personal Finance Society. Advisers reported that clients were often unaware they could donate to charity and still pass on the bulk of their estate to their family. Similarly, clients often perceived bequests as being a form of giving for “the rich few” rather than something that everyone can do. Cope adds: “We’re fortunate that, here in the UK, it’s easy to include a donation alongside gifts for family and friends. People can choose to donate any sum to any charity– there’s no need for it to be a large amount – and any gift really can make a difference. “This is where professional advisers are so important; being able to give clients impartial information so that they can ensure they are making the best decision that allows them to remember all the things they care about in their will.”
The same Law Society poll found that one in five people writing wills are now including a charity. Industry data reflects this shift too with new figures released by Co-op Legal Services showing that almost a third (32%) of the wills they created in 2020 included a gift to charity. This equates to a 61% increase in the number of people leaving a gift to charity in their will through the Co-op, with cancer charities (42%) and local causes (21%) most widely named as beneficiaries. Rob Cope, Director of Remember A Charity, says: “The pandemic has had a devastating impact on people across the country, and it’s hardly surprising it’s inspired us all to reflect on what matters most and what we can do to help. “Family and friends will usually be our first consideration in a will. But leaving a charitable bequest is also something that many people find incredibly empowering – a statement about who they are and what they believe in – and a way to shape the world they leave behind. It’s wonderful to see how much appetite there is for giving in this way.”
After more than a year of crippling funding shortages to the charity sector (amounting to an estimated income loss of £10 billion2), income from charitable bequests has been all the more crucial in helping charities survive periods of uncertainty. Gifts in wills raise over £3 billion for good causes each year and – despite the delays in probate during 2020 – they have remained the largest source of voluntary income for UK charities throughout the crisis. Free campaign supporter scheme for legal advisers Remember A Charity runs a Campaign Supporter scheme for solicitors and Will-writers, including a free listing on the public directory which receives tens of thousands of visits a year. Remember A Charity Week takes place from 6th-12th September 2021, with Campaign Supporters receiving free materials to celebrate the week and help open up conversations with clients about the option of leaving a charitable bequest in their will. Find out more at www.rememberacharity.org.uk.
Role of professional advisers Solicitors and will-writers play a critical role in inspiring gifts in wills, with the large majority proactively asking relevant clients whether they wish to include a charity in their will, with 68% regularly doing so, up from 58% in 20121. Even the simplest reference to the option of including a gift has been found to double the propensity for giving in this way.
References: Future Thinking, 2019 2 ProBono Economics 2021 1
www.snels.org.uk
29
Suffolk & North Essex Law Society
The global pandemic is changing the way people approach end-of-life planning and inspiring more people to write charitable gifts into their Will than ever before, but myths around how it works can impede that growth, according to the charity consortium, Remember A Charity.
Today, Suffolk Wildlife Trust cares for 50 nature reserves. But we have not done this alone; gifts in Wills over the decades have enormously contributed to the buying, expanding and protecting of our reserves for generations to come.
Suffolk Wildlife Trust is the county’s nature charity, inspiring and connecting people to the wildlife on their doorstep, as well as playing a monumental role in caring and safeguarding Suffolk’s wildlife and countryside. We have led local nature conservation efforts in Suffolk for six decades and have saved some of the county’s most important wildlife sites by securing them as nature reserves. Working with communities, local landowners and partner organisations, Suffolk Wildlife Trust has helped animals and plants to thrive across Suffolk, reviving and cherishing crucial habitats. These habitats act as corridors, allowing wildlife to move safety through the landscape, and create a connected network of nature. Our vision is to create a wilder living landscape where wildlife can flourish and encourage others to become part of a wilder Suffolk.
30
www.snels.org.uk
Seizing opportunities to buy or enlarge our nature reserves is one of the most powerful ways in which we secure a better future for Suffolk’s wildlife. Legacy gifts have in fact been instrumental in every reserve purchase in recent years, enabling us to act quickly and with confidence when opportunities arise. Knowing they represent a lifetime of saving, we always try to increase the impact of bequests by using them to inspire more support through local fundraising. The unstinting response to these from members and supporters is inspiring. The stories of our amazing legacy donors will forever be a part of Suffolk Wildlife Trust’s history and will inspire others to consider leaving a gift in their Will, so that we may continue our fundamental work. Our approach of saving legacy gifts for landmark projects like these means a gift in your Will of any size will directly help to buy land for wildlife, safeguard a threatened species, or support a special piece of work with lasting impact.
www.suffolkwildlifetrust.org
www.snels.org.uk
31
32
www.snels.org.uk
