Issue 26 Winter 2022
In Touch
The Official Magazine of Suffolk & North Essex Law Society
www.snels.org.uk
1
2
www.snels.org.uk
Published by:
Editor Amanda Timcke Features Christine Kettle Advertising Simon Castell
Design East Park Studio Accounts Tony Kay
Media No. 1111 Published February 2022
Legal Notice © East Park Communications Ltd. 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. 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.
Contents
Issue 26 Winter 2022
Articles in blue are indepedant advertorials and not neccessarily the opinions of the Society
4
De Sudor - Provider of specialist Process Serving and Tracing services
5
A Message From Our President
6
Anglia Research - Probate Genealogy – Help for Probate Practitioners
7
Clara Rose - Becoming a Rainmaker - Your questions answered!
8
Landmark Academy How Can Law Firms Reduce Their Carbon Footprint?
10 Suffolk Law Centre - training the next generation of legal caseworkers 11 Williams Wroe - It’s all about the culture 13 Index - Partnering with Index can help with your compliance 17 Geodesys - Geodesys drainage and water report for new build homes 18 A very different Bar Conferrence 21 Larking Gowen - How can the legal sector plan for cashflow? 23 Remember A Charity - Why become a campaign supporter? 25 Will Aid Third of parents haven’t named a guardian for their children in their will 29 LawCare - Tips for dealing with winter 31 Leap - What is meant by a Single Source of Truth
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
Leading provider of specialist Process Serving and Tracing services De Sudor Investigations Limited are a leading provider of specialist services to both individual and corporate clients. These services include Process Serving and Tracing of persons and/or assets.
Process Serving
Tracing
We are an established Process Serving Agency that provides nationwide process serving services for solicitors, lawyers, councils, corporate companies, in addition to private individuals.
With our ability to access one of the UK largest databases we are able to offer a service that locates and resolves most enquiries within 48 hours of instruction. (The average resurface time of moving address is 6 – 8 weeks from day of vacating and taking possession of a new home).
Behind the scenes, our administration services are second to none, ensuring all case related paperwork is delivered in an accurate and timely manner – providing our clients with the confidence they expect. Contact us for free and friendly advice on how we may be able to help.
We offer 2 levels of tracing a basic search and then an enhanced search for ‘The hard find – Sofa surfers’ of this world. We also undertake worldwide tracing exercises to locate beneficiaries of wills. We recently found 5 subjects in the USA (Prices on individual basis)
T: +44 (0)1473 228864 E: contact@desudor.co.uk www.desudor.co.uk
With 25 years of industry experience, over 20,000 serves and a network of professional process servers that offer first class geographic coverage, we are the preferred supplier and a trusted partner for some of the major law firms within the UK, we deliver fast and effective legal support services to all our clients. We provide all types of serves ranging from Court Orders to Legal Documents and include statutory demands, citations & summons, prohibition orders, bankruptcy petitions, winding-up orders, writs, claim forms, divorce petitions and injunctions. We will also then complete a Statement of Service (Affidavit if preferred) for you to produce if needed at a later date. Our fee structure is both simple and flexible allowing our clients to utilise our services in a way to match any budget profile be it fixed fee, or hourly rate per serve or hybrid of the two.
4
www.snels.org.uk
To ensure that we are always able to provide the best possible levels of service and achieve the best possible outcomes we employ the services of a variety of specialist agents from an array of salient backgrounds including law enforcement, military, corporate, intelligence service and employment law experience and with this, bring a vast amount of experience and expertise.
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 PRO/PLO Louise Goodenough Haywards Solicitors Stowmarket Tel: 01449 613631 Fax: 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk
Dear All, It has again been a testing and trying time for everyone in and those connected to the legal sector. I had hoped that this message would be a New Year one full of plans and events for the forthcoming year, things to look forward to for us all after what is now a few years of uncertainty. Whilst this appears not to be the case, what we can take from this is that we are not in this alone; over the last few years it has been encouraging within the profession to see people support each other in many ways. This I am certain must be a positive and what we can take into 2022 is that we are a profession that cares and helps and is respected still, but we must also understand that we are also human and that we must recognise our own emotional and mental health needs, in the fast paced world that we live and work in these days. Do also remember that your local Law Society is here for you; if you would like to become involved then please do contact any of the officers or if you need any assistance we will always do our best to point you in the right direction. It would be lovely if in the months to come we can arrange an in person event, so do watch this space and importantly please do come along to any events you are able to in the coming year. In the meantime and most importantly stay safe and well.,
Christopher James Andrews
President, Suffolk & North Essex Law Society
Education & Training Officer Amanda Timcke Birketts Ipswich Tel: 01473 406215. Email: Amanda-Timcke@birketts.co.uk 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
Probate Genealogy – Specialist Help for Probate Practitioners
Probate Genealogy– also known as ‘Heir Hunting’ - is a crucial part of the legal sector, helping probate professionals with their workload on a daily basis. The core service offerings are locating difficult to find beneficiaries named in wills, and establishing and finding the relevant next of kin in intestacy cases. With recent analysis showing that up to two in three deaths in the UK last year were intestate, the work carried out checking family trees and verifying entitled beneficiaries by probate genealogists can save lawyers and probate professionals a huge amount of time. It also ensures that the estate is distributed accurately too. You might think that in this ever-connected world that we live in, finding beneficiaries would be relatively straightforward, yet this is frequently not the case. On a general level, people forget to update their contact details when they move residence, or can drop off electoral rolls and other government databases. In some instances, individuals simply don’t want to be found easily for whatever reason. Whilst the importance of probate genealogy firms is ever increasing, it surprises many to learn that it is an unregulated industry, with no set entry requirements. Ever since the Heir Hunters TV series sensationalised the sector, there has been a small boom in the number of firms and individuals offering the service – often with little to no experience.
Firms can become corporate members of industry organisations such as the Association of Probate Researchers. Transparency and ethical practice should be key in the probate genealogy industry. Working with a reputable firm with a long-established track record should ensure that future risks are fully mitigated. In addition, it’s not just people tracing where probate genealogists can help; they can also assist with financial asset and global bankruptcy searches, statutory will research, and providing missing beneficiary insurance quotations. So next time you are faced with a not-so-straightforward probate case, don’t be afraid to instruct a reputable probate genealogy firm to carry out the heavy lifting for you. Joe Lander heads up the business development function at Anglia Research, who are based in Museum Street, Ipswich. For further information or advice please contact: legal@angliaresearch.co.uk
Therefore, reputation and professionalism are key, and most firms (though not all) have suitably qualified staff undertaking the research work. Ipswich-based Anglia Research employ more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research company. Anglia Research as a firm is reassuringly experienced. Accreditations can also help indicate if a firm follows industry or best practice recommendations. Both firm and individual accreditations should come from professional bodies, with recognised staff qualifications via exam boards such as CILEx.
6
www.snels.org.uk
By Joe Lander
Suffolk & North Essex Law Society
7
www.snels.org.uk
Suffolk & North Essex Law Society
Landmark Academy:
How Can Law Firms Reduce Their Carbon Footprint?
Climate Change is the long-term shift in average global weather patterns, and the sixth Assessment Report by the Intergovernmental Panel of Climate Change (IPCC) has found it is certainly a result of human activity. In this article, we summarise the key findings from the IPCC’s Assessment Report and consider how law firms can play their part in reducing their carbon footprint. 1. We are set to pass 1.5C warming by 2040 The average global temperature has risen by more than 1°C since the 1850s, with the hottest years recorded in 2015, 2016, 2017, 2018, 2019 and 2020. The 1.5°C is the target limit set out in the Paris Agreement in 2015, which aims to strengthen the global response to the threat of climate change by limiting global temperature rise to 2°C above pre-industrial levels, while pursuing efforts to curb it further to an increase of 1.5°C. If we don’t act now on achieving net zero by 2050, it looks as though this target is not achievable. 2. Human activity is driving extreme weather There have been significant improvements in the data used to model climate change since the 5th Assessment Report (AR5) was published. As a result, the new climate model simulations, new analyses and methods have led to a greater understanding of human influence on the climate. 3. Climate change is affecting all regions The IPCC report states that “Climate change is already affecting every inhabited region across the globe with human influence contributing to many observed changes in weather and climate extremes.” Models have become more advanced and it is now possible to assess how regions will differ with increase in temperature. It is clear that the Arctic temperatures are increasing faster (potentially 2 times faster than the level of global warming) than other regions, References:
while for some mid-latitude and semi-arid regions, and the South American Monsoon region, they are expected to see the highest increase in temperatures of the hottest days, at about 1.5 to 2 times the rate of global warming. 4. Irreversible tipping points are getting closer These increases in temperature have, in some instances, made traversable changes such as sea level, which will continue to rise and will not be recoverable for hundreds, even thousands of years’ time. The surge of forest fires have caused concerns that tipping points are getting closer. The changing climate in parts of the world are causing severe droughts and the loss of forests will result in higher temperatures and a lower humidity, which, in turn, worsens wildfire conditions. Furthermore, as the intensity and scale of forest fires increases, CO2 which would normally be reabsorbed during forest regrowth are now not able to so. It’s an unfortunate cycle which leads to increased warming. What is required to prevent further warming? World leaders met for the UN Climate Change Conference (COP26), which was a pivotal moment for nations to reflect on what we have done so far in reducing our greenhouse gases and what is required to meet the pledge to limit global average temperatures and achieve net-zero by 2050. What can law firms do to help? 1. Measure and analyse Greenhouse Gas emissions In order to know how to improve in reducing emissions, you will first need to measure what emissions you are emitting. This can be done by using private companies that can help and also provide solutions to reduce your impact as a company.
2. Reduce your energy consumption Simple things such as turning off the lights in the office in the evening or taking devices off plugs when not in use will make a difference. Also, reduce the heating or use of air conditioning, encouraging colleagues to dress accordingly. If its hot outside, try to lower the indoor air-conditioned temperature by 2°C. 3. Use renewable energy There are many renewable energy companies out there, or green tariffs you can opt for – do your utilities homework. 4. Reduce waste Reduce the amount of waste produced; law firms typically print on paper and often these records are required to be shredded and disposed of by specialist contractors. This could potentially be reduced by storing information digitally. 5. Increase employees use of greener transport during the commute The lockdown has seen that we can work from home and as such is the usual commute still required? And if so, can we do this by using public transport? 6. Support clients with ESG assessment and management ESG is relevant to clients who want to be a step ahead in devising their own ESG programme to demonstrate responsible business conduct. Law firms are well placed to assist with ESG due diligence processes and offer legal counsel on ESG advancement. We recommend working with data providers that adhere to SASB standards for effective and accurate ESG assessment and risk management. For more information visit; https://www.landmark.co.uk/legalconveyancing/esg-management/
https://www.ipcc.ch/report/sixth-assessment-report-working-group-i/ https://youmatter.world/en/actions-companies-climate-change-environment-sustainability/ https://insideclimatenews.org/news/08012020/australia-wildfires-forest-tipping-points-climate-change-impact-wildlife-survival/ https://www.theguardian.com/australia-news/2020/apr/21/summers-bushfires-released-more-carbon-dioxide-than-australia-does-in-a-year https://www.theguardian.com/environment/2020/jul/15/climate-change-made-siberian-heatwave-600-times-more-likely-study https://www.theguardian.com/world/2021/aug/20/rain-falls-peak-greenland-ice-cap-first-time-on-record-climate-crisis https://www.bbc.co.uk/news/science-environment-58130705 https://www.metoffice.gov.uk/weather/climate-change/effects-of-climate-change https://www.gov.uk/government/speeches/the-need-for-action-on-climate-change-is-urgent https://www.worldweatherattribution.org/siberian-heatwave-of-2020-almost-impossible-without-climate-change/
8
www.snels.org.uk
By Allie Parsons
www.snels.org.uk
9
Suffolk & North Essex Law Society
Suffolk Law Centre -
training the next generation of legal caseworkers I joined Suffolk Law Centre in November 2021 and it has been a great experience from day one. Suffolk Law Centre provides legal advice to individuals in the community in areas such as family, employment, housing and discrimination to the people of Suffolk and wider area. The variety in skill, knowledge and expertise of staff and volunteers is a testament to their commitment, compassion and heart for justice.
I have recently been allocated a couple of cases under supervision and have enjoyed putting my learning into practice.
Sabrina Thomas, Trainee Legal Aid Caseworker
Having never previously worked in legal aid, I am especially grateful to the housing team for curating a wonderful environment in which I continue to develop my knowledge. I have particularly enjoyed shadowing my colleague at the Housing Possession Court Duty Scheme at Bury St. Edmunds County Court on a couple of occasions. It has been a great opportunity to see my colleague defend clients in Hearings despite working to a tight deadline. On one occasion, my colleague represented a client in a mortgage repossession hearing which resulted in the hearing being adjourned and a favourable re-payment plan being put in place for the client’s arrears.
www.snels.org.uk
ISCRE 46a St Matthews St. Ipswich Suffolk IP1 3EP (Suffolk Law Advice Clinics & Tackling Discrimination in the East)
It has been admirable to observe the various ways in which staff members contribute their time and knowledge to ensure the smooth running of Suffolk Law Centre. It has been especially refreshing to see how staff are able to undertake complex casework and work to strict deadlines yet maintain an ambience that is light and friendly.
10
Tel: 01473 408 111 Fax: 08723529201 web: www.iscre.org.uk
You cannot help but have a spirit of empathy and care when you encounter the staff and volunteers at Suffolk Law Centre and especially when you meet clients and hear their stories. I am glad to have joined the team here and become part of their mission to ensure that access to exceptional legal assistance is not limited.
It’s all about the culture
The news is full of stories on the “great attrition”- and not just in legal services, but across a wide variety of sectors. The experience of working remotely during the pandemic has led many to question their life and their career choices. Starting salaries at City law firms have begun to hit the £150K mark, and more experienced lawyers are now tempted by the flexibility and financial rewards that consultancy model firms promise. Others, meanwhile, have simply realised that there is life outside of the law, and have decided to change careers. It certainly is a crowded and competitive market space for law firms hoping to attract high calibre talent whilst retaining their best lawyers. Keeping talent is imperative to business success. Whilst reputation and remuneration clearly carry weight, more than ever before, the “culture” of a firm has come to influence the choices made by candidates. Naturally, this requires building a transparent, open, and supportive environment. An environment where individuals feel encouraged to fulfil their potential, within a culture that champions the importance of receiving relevant training and feedback on performance in a way that allies an employee’s career progression with clearly defined competencies. It can be tricky to get this right, especially in a high-pressure environment where lawyers are preoccupied with meeting client demands. Practices designed to improve a firm’s culture can easily drop down the priority list for busy partners. Who is responsible for your firm`s culture? The culture of a law firm doesn’t just rest with the managing partner, all partners have a responsibility to nurture culture, and the true culture of any business will only ever reflect the personal values of the people working in it. Culture is a collective, firm-wide, responsibility.
Allowing behaviours that don’t reflect the desired culture- by letting things slide, for example, or making exceptions- will create negative feelings amongst colleagues and quickly erode a culture. Communicating the firm’s values is essential, it’s the best way for a firm to define how it expects employees to behave, and it provides a framework against which decisions can be made each day. Creating a positive law firm culture gives employees a purpose and incentive to work towards common goals, so it is critical that firms employ the right people in the first place. Experience and skills are essential qualities, but firms need to ensure that new hires fit in with the firm’s vision and values. Lawyers who don’t share the common values of the firm will negatively impact on its culture; they are unlikely to have a good relationship with co-workers and will not foster productive client relationships. In the race to acquire new talent, it is tempting to cut corners in the recruitment process but observing how a potential new hire interacts with existing employees will provide insight into whether or not that person will be a good cultural fit. Diversity and inclusion should be at the very heart of how all firms recruit, operate, and do business. How do we encourage a strong culture? Having a healthy work life balance encourages and supports a good culture. Employees who are overworked will not feel valued or appreciated. The continued obsession with billable hours instead of alternative pricing strategies, means that many lawyers are super focused on achieving billable hours targets. This is leading to burnout, depression, and addictions. It’s irresponsible to ignore this. To achieve a better working environment progressive firms have moved away from traditional structures and are now offering a four-day week, or hybrid working, whilst others are allowing lawyers to structure more flexible work schedules to meet their individual needs. These approaches can boost trust, mental wellbeing, and employee loyalty.Despite all this effort, some lawyers will still decide to leave a firm, or even the profession.
Why are we losing lawyers? Lawyers are questioning their choice of law as a career, disillusioned by the unglamourous reality of being in practice. Sadly, many feel trapped by money and status even if they no longer feel that they are on the right path. Knowing how to reframe their legal experience and utilise transferrable and highly prized skills is liberating for lawyers. There are plenty of employers who value hard work, diligence, critical thinking, tactical problem solving and thinking strategically. I haven’t coached a lawyer yet who having made the life changing decision to switch careers has regretted it, most wished that they had done it much sooner. If you have employees who you know are miserable, it is kinder to help them consider alternatives to law than to try to hold on to them. Of course, others may choose to leave for personal lifestyle reasons, such as childcare, health or retirement, but to lose talented individuals due to a firm’s culture is a costly and avoidable mistake. Firms that shift their focus from generating profits and concentrate on employees as a driver of performance, will see success. Such firms will find that they have happier, engaged, and more productive employees, who are enabled to thrive and develop. In return, the firm will become more profitable, with a strong culture that attracts and retains its talented lawyers. Such is the circle of a successful law firm. As part of any prospective engagement Williams-Wroe offers a free situational analysis. Please get in touch if you’d like help developing your law firm culture. Or, if you are a lawyer considering the next step in your career you may be nterested in our innovative coaching for lawyers offering. Please visit www.williams-wroe.com Call +44 (0)781 4499375 or USA +001(242)698 5537 Connect at; https://uk.linkedin.com/in/ kimberleywilliamswroe
Kimberley Williams (Director) Williams Wroe Law Management Consultants
©
Williams Wroe
kimberleywilliamswroe
www.linkedin.com/in/kimberleywilliamswroe
www.williams-wroe.com
www.snels.org.uk
11
Suffolk & North Essex Law Society
For recruitment consultancies, January has typically heralded a surge in demand for new jobs. It may be an unrecognised subconscious connection with those feelings of starting the new year fresh, full of hope and possibilities, or it might just be that the new year is synonymous with making a change. Either way, if you’re feeling restless you’re not alone.
12
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 ed 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
13 13
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.
Suffolk & North Essex Law Society
PLO/PRO Report AGM &’Save our SIF’ Since the last edition of the In Touch Magazine we have managed to hold our AGM (albeit via Zoom). During the AGM it was agreed that for the time being the current main Officers would remain the same – President Chris Andrews of John Fowlers, Vice President Amanda Timcke of Birketts and Deputy Vice President Louise Goodenough of Haywards. We also welcomed to the Council Tony Fisher (FJG Colchester) and Donna Taylor (Nexa Law & Nicholls Law). During our AGM we were extremely grateful for Lubna Shuja (the Vice Present of The Law Society) to join us. Lubna gave a wonderful talk on what TLS were and continue to be focusing on to include guidance for firms during C19, health & wellbeing of legal practitioners and the effect of C19, and most pressingly the SRA’s consultation to close the Solicitors Indemnity Fund (SIF). The SRA are planning on closing SIF. TLS are lobbing to keep SIF open as it provides protection for both clients and practitioners in regards to claims arising after the 6 year run off cover period.
14
www.snels.org.uk
Without SIF clients will have no option but to pursue legal firms and their employees personally as a r ecourse to any future claims. The SRA are currently holding a consultation period until 5th February 2022 and we ask you all to respond to this proposing that SIF remains open. Please also ask your fellow legal practitioners to do the same for your protection and to keep the faith with clients in continuing to use professional legal services. On a social note, hopefully we can all start to meet again in person this year and resurrect our much anticipated President’s annual dinner and other social events. Watch this space! Don’t forget to follow us on twitter @SNELS_UK If anyone has anything they wish to put forward to the SNELS Council or TLS in view of the above please get in contact.
Louise Goodenough PLO/PRO Officer
louise.goodenough@haywards-solicitors.co.uk
www.snels.org.uk
15
16
www.snels.org.uk
Geodesys drainage and water report for new build homes Suffolk & North Essex Law Society
The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society’s official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers.
streamlined report clearly outlines all the most pertinent
Jonny Davey, Product Manager for Geodesys, comments:
information. Some data contained in a full CON29DW is
“We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs.
• Top tips and advice relevant to buyers of new build properties • £5m professional indemnity insurance Jonny continues: “Produced by industry experts, our
simply not available for new builds, so NewBuildDW allows conveyancers to access the key details at a more competitive price.” The NewBuildDW Report is available for £36 (including VAT) in the Anglian Water sewerage area only and for residential properties classed as new build.
“We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.”
For more information, please visit: http://www.geodesys.com
Making conveyancers’ jobs easier, the new report will provide: •17 questions including two high quality water and sewerage maps • Crystal-clear front-page customer dashboard highlighting information on key questions • Easy-to-use interactive navigation making retrieving information easy for users
www.snels.org.uk
17
Suffolk & North Essex Law Society
“A VERY DIFFERENT BAR CONFERENCE” An appreciation of the Bar Conference 2021 held between 17th to 20th November 2021 by Phillip Taylor MBE, reviews editor of “The Barrister”, and Elizabeth Robson Taylor of Richmond Green Chambers We certainly do live in different times -and this Bar Conference of 2021 was, historically, the first annual Bar Conference conducted online, as well as in person. This, of course, will come as no surprise to the Bar. It was as good an indication as ever, that the Bar (after hundreds of years) remains as resilient as ever, even in the face of the Covid menace which persists in every aspect of life.
Saturday, 20th November 2021 found one hundred or so people at the Connaught Rooms in Central London for this special Conference with a difference. As a hybrid affair, it proceeded partly online and partly in person. In spirit it reflected in a sense, what many of us have been doing as barristers and mediators for the past eighteen months -- being resilient and being resourceful. The Weekday Sessions Online These go back a couple of days to Wednesday 17th November when Derek Sweeting QC opened the online part of the Conference. Lord Burnett of Maldon, the Lord Chief Justice of England and Wales began with his vision of justice in 2022, offering us an overview of his priorities for next year. He was followed by a return performance from Baroness Hale who had addressed us pre-pandemic and came back to us for more, with an exploration of the state of the Rule of Law. Lady Hale was joined by another stalwart of our events, Baroness Helena Kennedy of the Shaws QC, Professor Philippe
18
www.snels.org.uk
Sands QC of Matrix Chambers and Sophie in‘t Veld MEP from the European Parliament. We were also very lucky throughout to have excellent sponsorship from LexisNexis, Vector Professions Finance, Mitigo Cybersecurity, and Currencies Direct, plus our exhibitors: Advanced; Charles Cameron & Associates; ICLR; Advocate/ FRU -- and Complete. The exhibitor stands were well patronised on the
Saturday, and it was great to see so many familiar faces, as well as new ones after the enforced absence of almost two years. Overall, the main theme of this memorable hybrid gathering was “Recovery, Growth and Transformation”. On the Saturday, the Chair of the Bar, Derek Sweeting QC elaborated on “what the future of justice looks like in a world changed by the pandemic”. A rapt audience was then encouraged to consider “the transformations that are needed or expected to take place throughout the justice system and within the profession”. Interestingly, Derek’s
opening speech on the Saturday began with a reflection on his role as a tank commander in Germany, which explained why he settled on a career in law after the fall of the Berlin Wall. “Respect for the Rule of Law has stalled” Derek’s noteworthy narrative was followed by his rather sombre statement that “respect for the Rule of Law has stalled” whilst we, as lawyers who toil in the front line, continue our struggle to protect the law as a precious asset while being fully aware of the challenge of upholding it. This point popped up persistently throughout these hybrid sessions which, by the way, worked almost seamlessly -- better in fact, than some of us had thought possible. For those attending in person and those watching online, the main topics included the role of technology; access to the Bar; working practices; and barristers’ individual and collective business development and management. The outcome of our deliberations was the opportunity to chat about the way ahead and the need to identify how the Bar and Young Bar, as well as the wider legal sector, would be able to “flourish at a time of change of opportunity”. “We are all in the same storm… but not in the same boat” We were also fortunate to hear from Joanne Kane, chair of the Young Barristers’ Committee. Few of us listening to her lively talk will probably never forget our early years of practice and the problems many of us faced at the beginning of our professional lives. “We are all in the same storm, but not in the same boat,” she said, continuing her theme that many junior practitioners continue to face pre-existing challenges, including inadequate remuneration (of which, more later), and inequality of opportunity, as well as obstacles to individual wellbeing, as “we are all in this together” as someone once said within recent memory. Designed specifically for the Young Bar, there had been practical sessions during the week to provide guidance on how to be an effective junior and a persuasive advocate, in what is such a different world for many of us. It was Joanne who
Promptly afterwards, who should turn up but the Lord Chancellor, Dominic Raab MP in the form of a video clip. His dissertation, intending to be reassuring, was frankly, a statement of the obvious for most of us. What would have been more effective (and more courageous) might have been a “Q &A” session when the issues he didn’t want to discuss could have been raised. We intend to raise them anyway, as we now await the delayed report on the future of criminal legal aid levels from the Bellamy Report which should be with us by the time you read this article.
Suffolk & North Essex Law Society
added that “there is work to be done by all in the profession to improve diversity, address working conditions, and to safeguard the future of the profession”. On behalf of the young Bar, Joanne provided us with a valuable contribution on issues facing all practitioners, young and just a bit older.
legal aid which always neuters what the judiciary would like to say. This, however, didn’t stop the other contributors -- and it would have been better to have had a longer time for questions in these sessions. However, we overran a bit, straying into what we know as “barristers time” as we do like to talk, do we not. Diversity
As usual, legal aid was one of the elephants in the room throughout Saturday and will continue to be so, together with the court estate and all that is that is wrong with HMCTS. The two further sessions that followed included “the picture of justice for the next five years”- and yes, you guessed it: IT and all things online, starring the Master of the Rolls, Sir Geoffrey Vos, who put up a spirited defence of his anticipatory vision of an online future. Joining Geoffrey were Penelope Gibbs from Transform Justice, HHJ Sally Cahill QC, President of the Council of Her Majesty’s Circuit Judges, and genial Clive Coleman, the ex-BBC man in the “Joshua Rosenberg slot”. This important session focused on modernising the system to improve the changing needs of the court user. The panelists were impressive, always returning to the “political” problem of
This session pre-lunch was chaired by David Lammy MP, a rather subdued Shadow Justice Secretary. Uncharacteristically quiet he was, although the more voluble panelists were first class: Barbara Mills QC, HHJ Emma Nott from Reading Crown Court (with splendid slides) Chinwe Odimba-Chapman from Clifford Chance, and Grace Ononiwu from the CPS. This was an important session for everyone because of the issues thrown up by the massive problems relating to fair and equitable distribution of work. Diversity, together with legal aid, will doubtless continue to be among the most difficult and pressing subjects for the Bar, along with all the other issues which determine who is -- and who isn’t -- destined to succeed at the Bar. It was not too depressing a session, but the issues it raised will remain collectively a “work in progress” matter for all practitioners. Following lunch and further visits to the exhibitors, the afternoon sessions were dominated by two fascinating panel discussions on the subjects of Twitter and legal journalism. The Conference would not be complete of course, without a visit from famous/ notorious mystery man, ‘The Secret Barrister’, although Crime Girl was not present. Joanne Kane reprised her earlier role as the SB’s spokesperson and did an excellent job, ably chaired by PR man Keith Hardie, and Tweeter extraordinaire, Sean Jones QC of 11 KBW. Where Sean gets the time to tweet was beyond many
of us, but his advice was sanguine. The panel, including the elusive SB, shared their world-weary views on the global phenomenon of Twitter: the do’s and don’ts of using this social media outlet (LinkedIn clearly was not a runner for social media barristers, which was a bit surprising). The point of this session was whether social media has a role to play in increasing public awareness of the justice system “and building a professional brand”. Well -- yes, it does for many of us, but perhaps not quite yet for all of us. “Making Headlines” and the need for skeletons As we delegates were aware, the ladies and gentlemen of the press were much in evidence, presumably slaving away on their computers, following our every move as hybrids These distinguished legal reptiles (sorry!) included the ever-excellent Jonathan Ames (“The Brief” from “The Times” as legal editor); Lizzie Dearden from “The Independent”; the courageous Tristan Kirk (Evening Standard) and Jess Glass from the High Court. And what a great session it was. But just remember the golden rule that there is no such thing as “off the record”. If you say something to a journalist, he/she will use it. Also, journalists need to be told about important cases, so make sure you send them your “skeletons” if you want coverage! See You in 2022 This was indeed a very different Conference this year, one which, fortunately didn’t bore the striped pants off anyone, even Jonathan Ames. So, I will close with a resoundingly loud thank-you to everyone who attended, hybrid or not. It was so nice to be back together again after an enforced two-year absence.
www.snels.org.uk
19
20
www.snels.org.uk
How can the legal sector plan for cashflow?
HMRC announced in 2021 that the “Income Tax: basis period reform” has been delayed until at least April 2024. This may give businesses a little more breathing space, however, if and when the reform is enacted, there are a number of matters to consider, not least the impact on cashflow. Another significant cashflow issue for a business arises on the entry and exit to the business of any owner. As such, it may be beneficial to look at prospective partner changes in conjunction with the Income Tax: basis period reform to determine what affect this will have in the coming years.
Suffolk & North Essex Law Society
The relentless business world in which we operate continues to evolve and the list of matters for business owners to consider is ever growing, especially in the light of HMRC reforms.
This will give businesses the best chance to plan for any future cash requirements. Please get in touch with our legal team if you would like to discuss anything. You can find contact details on the Our People section of the Larking Gowen website www.larking-gowen .co.uk. Alternatively, call 0330 024 0888 or email enquiry@larking-gowen.co.uk. John Atkins
This article is designed for the information of readers. Whilst every effort is made to ensure accuracy, information contained in this article may not be comprehensive and recipients should not act upon it without seeking professional advice.
www.snels.org.uk
21
22
www.snels.org.uk
Suffolk & North Essex Law Society
Suffolk & North Essex Law Society
As a professional advisor, you know that giving your clients the best advice means everything. We know that 74% of the British public support a charity during their lifetime. The issue is that only 6.3% think to include these in their Will. You can help us bridge this disconnect.
By becoming a Campaign Supporter you’ll receive the following benefits, and it’s free! • Your details will be displayed on our website in the find a solicitor section, which is visited by people looking for advisors in their local area. • You can use our high-profile annual awareness campaign, Remember A Charity Week, to promote the benefits of an up-to-date Will and talk about tax incentives to your clients. • You can use our Campaign Supporter logo on your marketing materials to promote your support and enhance your reputation. • You’ll receive a signed certificate to show your support. Media queries: Contact Lucinda Frostick, Turner PR;
lucinda@turnerpr.co.uk
07712 045 308
www.snels.org.uk
23
24
www.snels.org.uk
Third of parents haven’t named a guardian for their children in their will A third of UK parents haven’t named a guardian for their children in their will, research by charity-will writing scheme Will Aid has found. If both parents die without officially appointing a guardian, courts will decide who is best to look after their children.
are only for leaving parts of your estate to loved ones or good causes after you die. But, for parents with children under 18, wills can play an essential part of their future.
to loved ones or choosing a person to bring up your child, getting a professionally written will is best way to ensure you wishes are respected when you die.
“If both parents die without officially appointing a guardian to look after their children, then the courts will decide who
“Will Aid month provides the perfect opportunity to get this important legal document in place, by providing easy access to participating solicitors across the UK. “As well as getting your affairs in order, you will be helping support the life-changing work of nine of the UK’s best-loved charities.” Will Aid takes place every November and involves participating solicitors volunteering their time and expertise to write basic wills for the public.
This means the person chosen to look after them until adulthood may not be in accordance with the parent’s wishes.
will take on that role. While the courts will work to do what is best for your children, it may not be what you think is best.
The best way parents can ensure their children are looked after how they would like in the event of their death, is to appoint a guardian in their will, and parents are encouraged to do so during Will Aid month.
“The best way to ensure your underage children are looked after in the event of your death is to name a guardian in your will.”
Will Aid takes place every November and sees participating solicitors write basic wills for people in exchange for a voluntary donation to the campaign, which supports the work of nine UK charities. Lauren Smith from law firm Taylor Bracewell, which has raised more than £140,000 for charities through the Will Aid scheme, said: “People often think wills
People can appoint more than one guardian within their will, but it is wise for both parents to appoint the same person(s) to avoid any conflict following their death. The poll, commissioned by Will Aid, also found 49% of people across the UK still haven’t created a will.
Instead of taking their normal fee, solicitors ask clients to make a voluntary donation to Will Aid which is then shared between the campaign’s nine partner charities: ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF and Trocaire. The suggested donation for a basic will is £100 and £180 for a pair of mirror wills. At present there are not enough solicitors in East Anglia to meet demand. Will Aid is calling on more firms to sign up to the 2022 campaign and help change lives by donating their time. More information on the scheme and how to sign up can be found on the Will Aid website, www.willaid.org.uk.
Peter de Vena Franks, Campaign Director for Will Aid, said: “Whether you are leaving finances and property
Photo supplied by Will Aid
www.snels.org.uk www.snels.org.uk
25 25
26
www.snels.org.uk
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.
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
27
28
www.snels.org.uk
Tips for dealing with winter
So many of us, in the depths of winter, get most of our light artificially from screens and desk-lamps. Humans aren’t meant to spend so much time indoors. Our ancestors were hunter-gatherers spending most of their time outdoors amongst trees, by water, studying plants and animals, in all seasons and weather. Could our health and wellbeing be compromised because we spend less time outdoors? The shorter days of light drain us of energy, meaning some of us will experience seasonal lethargy, Seasonal Affective Disorder (SAD) and depression. There is evidence that exercise outside can be more effective than antidepressants for those with mild to moderate depression. There are several physiological and neurological changes that take place when we go outside which can boost the happiness chemicals in our brain. Serotonin is a compound that carries signals between nerve cells and there is link between the levels of serotonin in our brain and our mood. Time spent in the natural world and particularly in sunlight triggers an increase in serotonin. Bright morning light can advance our circadian rhythms helping us to sleep better at night and also suppresses melatonin – having an antidepressant effect. Sunlight helps the body produce the immune-boosting Vitamin D, and being outside also helps us breathe more deeply, get more oxygen into our lungs and chase away the stress hormones of adrenaline and cortisol.
Top tips for letting the light in • Open your curtains and window in the morning even for just a few minutes to let a blast of cold air in.
Suffolk & North Essex Law Society
January and February are often considered the toughest months of the year. Christmas is behind us and it’s a long stretch of winter ahead until Spring. The temptation is to hunker down indoors and hibernate, but our top tip for dealing with the winter months to get outside as much as possible. We may wake up a bit grumpy, feeling the winter blues but as the day progresses we can begin to feel happier if we spend some time outdoors.
• Try and work near a window if you can. • Make sure you have appropriate outdoor clothes – if you’re warm and waterproof you’re ready for any weather! • Go outside a few times a day for a few deep breaths of fresh air. • Take work calls/meetings outside where possible, if there’s no reason you can’t be walking and talking. • Take a lunch break and get into the light whatever the weather. It doesn’t have to be an hour, or even at lunch time if that doesn’t suit your working pattern, but try to get out in daylight hours wherever possible. Having a break outside can make all the difference to your productivity. • Make a plan to get out every weekend – visit parks, gardens, countryside and beaches. Going outside and being in nature can reduce your anxiety and stress. There is scientific evidence that we feel calmer when we look at trees for example. • Get a SAD light which replicates daylight and can boost your mood. • Put fairy lights up, light candles, practice the Danish tradition of hygge at home to get through the long winter months. When darkness is illuminated by a few little flickering lights it seems more bearable. • Take a Vitamin D supplement. Experts recommend everyone does in winter.
If you are finding things difficult LawCare is here to listen. We provide emotional support to all legal professionals, support staff and their families. You can call our confidential helpline on 0800 279 6888, email us at support@lawcare.org.uk or access live chat and other resources at www.lawcare.org.uk
www.snels.org.uk
29
Suffolk & North Essex Law Society
What is meant by a Single Source of Truth and why is it fundamental to the success of your law firm?
By Galileo Galilei
“All truths are easy to understand once they are discovered; the point is to discover them.” Many law firms continue to struggle with multiple sources of information, disconnected databases and inaccurate records, this has an extremely detrimental effect on profits and negatively impacts the service levels they can offer clients. Conversely, by organising their data into a single database held in the cloud law firms give themselves a platform for productivity that cannot be achieved in any other way. According to John Espley, CEO of LEAP UK, this single source of truth (SSOT) is important, as it means your data and information sources are always up to date, relevant to business decisions and eliminates duplication of work and any version control issues. With all staff working from one system, data quality improves organically through daily working. It updates automatically without the need for manual verification, which is ideal for firms with remote or hybrid workforces, and with the physical office no longer needing to be the hub of a legal practice, such solutions achieve the best results and make a law firm bankable. With the latest key information always to hand, decision-making can be carried out at an optimum pace and the progress of keeping clients up to date regarding their matters made so much easier. The advantage of data being held centrally in the cloud is extensive. Valuable information is continually backed up and secured in case of the worst possible scenarios, such as power issues, device theft, floods or fire. When a law firm is impacted in such a way they can quickly retrieve missing information and reinstate systems and ensure business continuity. Whatever device you use, be it laptop, tablet, or smartphone, you can access data when away from the office as though you were there. Therefore, the traditional office building has become less crucial as it has no bearing on your data and how it’s stored and accessed. Ask yourself this, how do you currently access information when out of the office, is it up to date? Do you waste valuable time re-inputting collated information further down the line? This whole process can be eliminated as you bring the office into the palm of your hand, able to locate and access files easily from wherever you are. You don’t need top of the range technology either, most connected devices will have the capability to access your virtual law firm as the device acts merely a portal to your information and systems the cloud with everything you require safely and securely stored and protected. Generally, firms with a server who choose not to use the cloud, will need to purchase remote access software to enable hybrid working. Not only can this be significantly than working from a true cloud solution but less efficient and add unnecessary complexity in terms of meeting your IT requirements. The reality is the world is
30
www.snels.org.uk
more fluid than ever and maintaining a SSOT is no longer as much of a choice as a necessity for a practice to survive and subsequently thrive. The pandemic has accelerated a move to this remote way of working and has forged it into an expected discipline. It’s a bit like having a pocket law firm that you never leave home without. You remove the danger of being caught out without having the right information to hand. Adopting a single source of the truth eliminates problems and replaces them with the most reliable, accurate and productive way of working. It gives law firms the opportunity to become more streamlined, more cost-efficient and, when the time is right, scale-up with minimum of fuss and disruption to the business. More than ever clients need assurance, especially since the beginning of the pandemic, the traditional days and hours that firms operate are changing and clients now look to contact their lawyers at any time on any day of the week. The traditional 9-5 working day has gone as the lines of working hours blur. Technology now permits, almost encourages, a more fluid approach to working with improved response rates and accuracy of service as imperative to the client as ever. Technology has imparted this expectation upon legal professionals through their clients. Those who are unable to immediately draw on their client information when required now risk their reputation, missing out to their competition. A SSOT makes it easier to instantly share updates with your clients on their case at any point that collaboration or sharing is required. All parties can safely and securely access the same single set of data so that consistency and compliance across your law firm is always maintained. Long gone are the days of bulging paper files. The highest-achieving law firms understand that robust relationships with clients come because of first-class communications, and it is these firms that leverage a SSOT to master their correspondence with clients and offer a market-leading service. Fully enabling law firms to achieve a single source of truth, LEAP, the legal practice productivity solution, occupies a unique position in the legal software market as it centralises a firm’s practice management and legal accounting systems, document assembly and management as well as many legal publishing assets all in one cloud solution and by bring a law firms client and matter information into one location – a Single Source of Truth – and by leveraging this truth, you provide your firm and clients the absolute trust and outstanding level of service that they deserve.
www.snels.org.uk
31
32
www.snels.org.uk
