Issue 27 Summer 2022
In Touch
The Official Magazine of Suffolk & North Essex Law Society
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The Pandemic Effect: The Outsourced Transcription Provider as a Resource The pandemic, and its subsequent lockdown, hit many law firms hard. As a result, this has made firms reevaluate business continuity planning, and to look at what efficiencies can be made to improve the bottom line. As a sole practitioner it is even harder: not only do you have to provide great service to your clients; you also need to spend time nurturing your business, to make it thrive and grow. An Immediate Fix One aspect that has been in deliberation for many years is fee earners typing their own documents and emails. Consider the following: Did you know that a Grade A Solicitor (at £409 per hour) who spends two hours typing their own documents/ emails could lose their firm (after the deduction of transcription costs) up to £570.30 in chargeable time? Similarly, a Grade D Solicitor (at £138 per hour) could lose their firm up to £163.80.*
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Dictation versus Typing The simple fact is we can all speak considerably faster than we can type: “The average person types between 38 and 40 words per minute” i; and a “good rate of speech [for dictation purposes] ranges between 140 -160 words per minute” i i.
without the need for specialist equipment or software licenses. They also provide a great business continuity solution to enable law firms to access typing support that expands (or contracts) with your firm’s specific needs on a pay-as-you-go basis. Testing the Theory
These statistics show that simply dictating a document/email, is approximately four times more cost effective than typing. Add to this formatting and editing, this cost saving could stretch further.
Some of the more established transcription companies have smartphone apps that allow you to dictate direct from your mobile phone allowing you to trial without purchasing any equipment.
Taking typing out of the mix allows practices more time to concentrate on increasing chargeable hours, whilst leaving more time to deal with WIP, release valuable lock up, social media or marketing.
Why not take five minute of your time to investigate?
You will find that outsourcing your typing needs are considerably cheaper than direct employment (i.e. salaries, NI contributions, leave, unproductive time, sickness absence etc.). Outsourced transcription also enables fee earners to work remotely and dictate on the go,
*Based upon court approved rates for London. Typing costs deducted using OutSec’s standard rate. Citations: https://www.livechatinc.com/ typing-speed-test/#/
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ii https://clearly-speaking.com/ what-is-the-ideal-rate-of-speech/
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Contents
Issue 27 Summer 2022
Articles in blue are indepedant advertorials and not neccessarily the opinions of the Society
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Moneypenny - New guide tackles lack of empathy in law
Editor Amanda Timcke
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A Message From Our President
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Advertising Simon Castell
Suffolk Law Centre - Introducing our new Justice First Fellow, Karis le Winton
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Clara Rose - Six ways to reignite your passion for your career
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Dates for the diary
Features Christine Kettle
Design East Park Studio Accounts Tony Kay
Media No. 1111 Published May 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.
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
10 Expert Witness Institute Online Conference 2022 16 The JLD needs you! 18 Clara Rose - Have you got what it takes to be a Private Client Lawyer? 19 From the Council Chamber 21 Finders International - No two the same: how specialist services can help you clear estate administration hurdles 22 Larking Gowen - Why should UK law firms be looking at business structure now? 24 Geodesys drainage and water report for new build homes 27 Remember a Charity - 22% of wills written through legal advisers include a charitable bequest 30 Law Care - Loneliness in the Workplace
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New guide tackles lack of empathy in law As data reveals UK legal firms often fail to deliver the personal touch1 – a new guide has been launched to help improve client care and service delivery with empathy. Leading outsourced communications provider Moneypenny has compiled the free guide to help lawyers improve their reputation for client care, build more valuable relationships with clients, reduce client churn and maximise profits. Calling on its experience handling 2 million customer interactions for more than 1,000 UK legal firms each year, Moneypenny’s guide includes include practical tips to improve empathy in legal practice and ensure employees’ use of language hits the mark. It also addresses the importance of active listening and the need for empathetic leadership, plus it also includes a short quiz to help firms ascertain just how empathetic they are. Joanna Swash, CEO of Moneypenny said: “This guide reminds lawyers of the commercial necessity for empathy and shows how they can engrain it into their practices and service delivery – reassuring clients that they’re not only being heard but also listened to and understood.” “The pandemic has changed the relationships we have with each other – our peers, colleagues, and clients – and it’s made human connection more
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appreciated than ever. The legal business winners of the last two years prioritised empathy and have reaped the financial rewards for doing so. But as the world returns to normal we have to make sure we don’t forget the importance of these behaviours.” Bernadette Bennett, head of the legal sector at Moneypenny said: “As a business that handles inbound and outbound communication around the clock, we know first-hand that empathy shapes client experience. It underpins how we connect with others and has the power to transform reputation. Actively listening and displaying empathy not only puts nervous and vulnerable clients at ease but offers valuable insights that can shape service delivery, and put you at the forefront of your market.” The guide was developed with insight from emotional intelligence expert and founder of the EI Evolution, Sandra Thompson. Sandra is the first Goleman emotional intelligence coach in the UK and an experienced customer experience management consultant. Sandra Thompson said: “Neuroscience tells us that it’s impossible to know exactly how someone else is feeling, yet the value of demonstrating that you’re doing your best to understand is huge – particularly when it comes to business. Brilliant
client service experiences are built on empathetic interactions. That’s how you keep your clients loyal and make your employees feel empowered.” The guide is available to download for free on Moneypenny’s website, at https://www.moneypenny.com/uk/resources/blog/free-resource-putting-empathy-at-the-heart-of-customer-care/ Moneypenny’s 95-strong team of dedicated legal receptionists provide firms with outsourced switchboard, managed live chat and outbound calling support – delivering scalable solutions that help legal practices remain agile, protect reputation and deliver a first-class client experience. Established in 2000, Moneypenny is the world’s market leader for telephone answering, live chat, outsourced switchboard and customer contact solutions. In total, more than 21,000 businesses across the UK benefit from Moneypenny’s mix of extraordinary people and ground-breaking technology. For more information about Moneypenny’s work with the legal sector, visit www.moneypenny.com.
Research from Insight 6’s Professional Services Client Journey Report 2021
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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 Members Donna Taylor Nexa Law Limited London Tel: 020 7504 7071 – Extension 2127 Mob: 07859 896 640 Email: donna.taylor@nexa.law Tony Fisher Fisher Jones Greenwood Colchester Tel. 01206 835231 Mob. 07904 086254 Email: TFisher@fjg.co.uk PRO/PLO Louise Goodenough Haywards Solicitors Stowmarket Tel: 01449 613631 Fax: 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk
Dear All, I do hope that everyone is keeping safe and well, and managing to emerge from the issues of the past few years now with Covid with a positive outlook. Whilst we must now learn to live with Covid, this does still pose challenges which as a profession me must face head on. There is no doubt that we have seen some changes that will stay with us now and that life has changed for many of us. This does though leave us well placed to push forward and we can take many positives from new innovations and working practices that have emerged perhaps more rapidly that we might have previously thought possible. I am also well aware however that we are in uncertain times, globally with the awful situation in Ukraine and the issues of inflation nationally mean that there may be some tough times to come. What I am certain of is that as a profession we are all resilient and with the hard work and dedication that is seen throughout, and carried out daily by you all, we are in a strong position. I have been very fortunate to have been able to stay in my position as President for another year and especially this year being able to attend various events and functions which have shown just how important the profession still is in society, how respected it is and importantly what we can do to help within this law society area. I also hope that you will all be able to come along to the forthcoming annual local law society Dinner to be held on Friday, 30th September at Stoke-by-Nayland Hotel, a time to meet and catch up in person (if anyone remembers what that was like). Finally I wish each and every one of you the best wishes of your local law society, we are very proud of our history and the great talent we have.
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 Tel: 07749 576193 Email: snels@topcopysec.co.uk
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Suffolk & North Essex Law Society
President Chris Andrews John Fowlers Colchester Tel: 01206 576151 Fax: 01206 761916 Email: chris@johnfowlers.co.uk
Introducing our new Justice First Fellow, Karis le Winton
Tel: 01473 408 111 Fax: 08723529201 web: www.iscre.org.uk ISCRE 46a St Matthews St. Ipswich Suffolk IP1 3EP
Suffolk & North Essex Law Society
(Suffolk Law Advice Clinics & Tackling Discrimination in the East)
Suffolk Law Centre has once again been lucky enough to be funded to host a Justice First Fellow, a scheme to recruit and train some of the social welfare lawyers needed going forward, at a time when recruitment is getting much harder. The Fellowship, administer by the Legal Education Foundation is is made up of four integrated parts: • Training contract: a two year fully funded training contract in any UK nation, and a free place on the Professional Skills Course at BPP campuses or equivalent compulsory training in Scotland or Northern Ireland.
• Project: Fellows develop a project with the support and input of their host organisation. Projects help advance access to justice and can potentially provide a future income stream for the host organisation.
• Extra support: Fellows and hosts attend regular sessions on developing their project, professional development skills, additional training, e.g. marketing and fundraising, well-being support provided by Claiming Space, and access to useful networks.
• Joining a cohort: Fellows build important relationships with their cohort which gives them essential peer support throughout their training contract. They continue to be part of the JFF alumni following qualification. Hosts join a national network of organisations committed to supporting the next generation of social welfare lawyers.
So Karis le Winton joined us in January and will get a variety of experience at Suffolk Law Centrte before qualifying in January 2024, likely to be including discrimination and employment, housing and family. By way of an introduction to her and her proposed project, she writes... “My interest in social welfare law stems from my own experience, I believe a civil society cares for its most vulnerable and believe we as a nation need to do better in the area of health and social care. I grew up in social housing and spent my early years living homeless, in hostels and condemned houses that were unfit
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for human habitation. I want to use this lived experience to give people a compassionate and understanding ear. I worked in a care home and the care the residents received was far below the standards they should have been. I then committed myself to helping residents’ families via charities that help people to stop being abused and receive better care. After several years of working with the national charity Compassion in Care helping carers with whistleblowing and employment issues, I was convinced the legal profession is the career I wanted. I left secondary school at age 13 without qualifications and went to work. I returned to education at University level based on the practical experience I had obtained working for the charity and writing an entrance essay. I am excited for my future career at Suffolk Law Centre which shares my values. I see this as an opportunityto contribute to pioneering and effective service. I am delighted to go into work every day, making a difference to clients and the community whilst growing professionally. My project aim is to improve people’s ability to find us and access our services. This will entail undertaking research on the current user journey from finding the Law Centre both digitally and physically through to making contact with the appropriate party at the Law Centre. The project will question the already established structures and pathways efficacy and explore how people currently make use of them as well as the ease of use. A key part will be identifying any current barriers within the existing structure that stop people from searching us out for legal assistance when they need it. When considering accessibility it is not just physical access, it is the unseen and conflicting areas of accessibility, for example, large lettering needed for the sight impaired could hinder the sensory sensitive. It is about the whole journey of a user, from when they contact us, how they contact us and all the way through their case to the resolution and our ability to best serve their needs on that journey. I will first conduct a number of semi structured interviews with clients, previous clients, potential clients, staff and stake holders. These interviews will ascertain their experience in what they believe to be the key barriers to our services and identify any choke points where we might lose people in the user journey process. A comparative study of other organizations alongside discussions with them on the subject of how they planned for accessibility will help us to make plans and adapt for the future. We will also look at how we can be assisted by technology, whilst being cautious and ask how this impacts accessibility? I will be starting with the services we offer, and how we communicate them to everybody, as well as making recommendations to the board on some of the accessibility steps that we can take over the next two years. Then evaluate the efficiency of these recommendations in practice.“
Six ways to reignite your passion for your career What to do when your working life gets overwhelming? 1.
Remember why you started. Was it to help people? (sounds cheesy but it is most often what people say to me), Was it to challenge yourself? Or perhaps just a love of the intricacies of the law or the machinations of business?
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Talk to people in your network. Whether this is colleagues in the same boat or legal professionals in other firms facing the same challenges as you; others will be, or will have gone through similar circumstances. Social media can be a great way to ‘talk’ to people about their working lives and being understood by others helps to lighten the load that can feel like a weight on your shoulders alone.
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Get professional advice. Depending on the problem this might range from a life coach or therapist, to a career consultant like us. There are people out there who can help you work through your thoughts on your career and current position to identify what it is that you want to keep doing
and perhaps what bits of a role you might want to drop (and then discuss/ make plans to achieve this).
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Picture what success looks like and plan for it. If you know where you are going it is much easier to get there! And to plan for it, so be clear what you are trying to achieve in your career and have key steps along the way. You need not have a set time frame but just having your path in place will help you recognise when you are ‘successful’. Equally if success to you is having a role at your current level and having a work life balance that works for you then be aware of that as your goal and consider it success once that is achieved. Taking the kids to school, fitting in a hobby or activity that you enjoy or spending time with family are valid goals, just because it is possible to climb higher in a hierarchy doesn’t mean you have to do it!
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Take a break. Long bank holiday weekends certainly help! Make sure you switch off regularly for evenings and weekends but also over the course of a year take proper
time out. With holidays back on the cards there are more opportunities than in recent years to put on the out of office and properly get away. Your body, mind and your career will thank you for it!
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Celebrate the amazing things you have achieved! If you are junior then don’t forget all the hard work that went into your qualifications, those should be celebrated. If you are senior, then don’t forget that the position you now hold was once aspirational to you! Along the way there are a multitude of small wins and if you take time to look back on those then you will recognise how far you have come, and perhaps give yourself a break the next time you feel a bit lacklustre!
Written by:
Clara Rose
LL.B LL.M
Clara Rose Consultancy, www.clararoseconsultancy.co.uk Tel: 020 3286 7884
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With summer very much in the air and the prospect of a period relatively free of pandemic interruptions (fingers crossed) there are many things to be positive about. However, if you are not feeling that positivity with your current role as much as you would like to then perhaps you need to take some time out to think…
DATES FOR THE DIARY
Save the Dates!
Annual Essex Law Lecture
Suffolk & North Essex Law Society
The Annual Essex Law Lecture will be held on Monday, 13th June 2022 at The Ivor Crewe Lecture Hall, University or Essex Reception from 6.00 p.m.
We are, at last, delighted to announce that the
President’s Annual Dinner will be held on
Friday, 30th September 2022 at The Stoke-by-Nayland Hotel
Tables of 10 will be available. Tickets will cost £55.00 as in previous years and will
include a three course meal with wine and tea/coffee.
Invitations with full details will be sent out nearer the time, but it would be helpful to know the possible numbers attending, so would those interested please e-mail: Christine at snels@topcopysec.co.uk 8
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Advertorial
Suffolk & North Essex Law Society
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Expert Witness Institute Online Conference 2022 Suffolk & North Essex Law Society
Friday 20th May 2022 An appreciation by Elizabeth Robson Taylor MA and Phillip Taylor MBE of Richmond Green Chambers. We know the Expert Witness Institute (EWI) is the true voice of the expert witness community. Its aim is to champion experts from all professional disciplines and the lawyers who use their services. So, this annual conference was an excellent way to network even virtually. EWI’s mission supports the proper administration of justice plus early resolution of disputes through high-quality expert evidence from specialists. And this year, we were very fortunate to hear from Lord Hamblen from the Supreme Court. He gave an absorbing, erudite, informative, and positively compelling keynote speech, excellently chaired throughout by Saba Naqshbandi, whom we welcome to the role. It remains a somewhat surreal experience for 2022 without the face-to-face chats, the nattering, and meeting up with old colleagues: coronavirus still hung around our thoughts. Hamblen’s Keynote Speech Of great interest to the attendees, the Conference really began with Lord Hamblen offering up a summary of his professional background, and what a background. This included the various kinds of expert evidence which he had encountered, both as a barrister and judge. He described how he used to work with experts as counsel, what he had found particularly useful in terms of expert assistance, and how he would seek best to deploy that assistance. When discussing his experience as a judge, he suggested how an expert can best assist judges, including some key
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The Modern Expert: Relevant, Current, and Evolving Sponsored by MLAS, Redwood Collections, and Bond Solon
‘do’s and don’ts’ based on his general experience. And then he raised current issues relating to expert evidence from recent cases which can be seen in the recording of the speech from EWI. Over his career, Lord Hamblen has encountered a great variety of different areas of expertise and experts. And his distinguished career surprised some of us! The Do’S: Understanding Working with experts as counsel, Hamblen suggested the key issue was “understanding”. “To think on their feet in cross examining an expert a barrister needed to be able to think like an expert”, he said. Other key “Do’s” included clarity, structure, reasoning, building trust and confidence. The Number One Don’t Number one “Don’t” was to ensure that the expert is avoiding anything which might compromise their independence and impartiality. Secondly, avoid being an advocate. “It is counsel’s job to argue the case”, he said, and we are sure all advocates attending would agree. “It was not the role of the expert”, in his view, “because they make points, explain points, but do not argue them.” Sound advice, we think, and probably one of the most important messages we took away from the day. The third, related “Don’t”, according to Lord Hamblen was: “know the limits of your expertise”. Which we are sure, everyone does. Hamblen illustrated the importance of all these “Don’ts” from recent cases regarding his view of the proper approach to expert evidence. “Despite the basic rules regarding expert
evidence being well known, and the applicable principles changing little in recent times”, he noted that “there has been a notable recent uptick in cases expressing concerns about inadequate expert evidence”. And, he said, he “lamented the fact that recent case law suggests that the principles set out in the ‘Ikarian Reefer’ (now summarised in CPR 35) are frequently not being adhered to”. Ruefully adding, “the principles are being duly recited, but not acted upon”. Lord Hamblen also referred to Mr Justice Fraser’s list of points to be considered by experts and those instructing them, taken from the ICC case. His discussion of cases was always going to be another main point for those watching when he referring to these specific areas: partiality, relevant expertise, conflicts of interest, and failure to comply with expert duties highlighted relevant quotes from the judgements. Hamblen concluded with the hope “that the personal insights he had provided”, plus recent cases “offered a helpful basis for thought and discussion at the conference”. Indeed, it did! And such insights would provide some guidance to those in the important role that they perform as experts before the courts. He commented that “more and more cases seem to involve experts of one kind or another and that they play a very important role in dispute resolution, whether that be through settlement, mediation, arbitration, or litigation”. As always, it is a pleasure to hear from the EWI Chair, Martin Spencer, concluding proceedings. We all welcome the launch of the EWI’s Core Competency Framework for Expert Witnesses as the final plans for the re-launch of Certification is awaited. It has been a long time as we have reported on the need for certification for some years. Sage advice as always from Martin ending the virtual performance on a high note. So, another virtual “au revoir” until 2023. Perhaps we can all meet up together in person once more to enhance the detailed panel discussions and future break out sessions!
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THE JLD NEEDS YOU! Suffolk & North Essex Law Society
We are looking to form a new committee and there are a number of vacancies available...
If you are interested in becoming part of the committee, please let us know by emailing us at jld.sne@googlemail.com. Please register your interest by 15 June 2022. The only way we can continue to support junior lawyers is with your help!
EVENTS
WELLBEING
Once the new committee has been formed, we will be looking to put on an event in the summer to welcome the new committee. All events will be advertised via email, on our Facebook page (Suffolk and North Essex Junior Lawyer Division) and on our Twitter page (@SNEJLD) so keep an eye out and please come along!
The committee understands that these are extremely difficult and uncertain times for all. We are also aware that trainee solicitors and junior lawyers are an at risk group at this time. Please do not suffer alone. If you have any concerns, please do get in touch and we will aim to point you in the right direction.
If you would like to join our mailing list, you can do so by contacting us at: jld.sne@googlemail.com.
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Have you got what it takes to be a Private Client Lawyer? 7th July 2022 13:00 – 14:00 – online event, book via Eventbrite
Are you looking to return to law after a career break? Is private client an area that you would like to move to into? Find out if private client could be the opportunity that you are looking for. You might be looking for a better work/ life balance for whatever reason. You might have had enough of your current legal discipline and be looking to move over to something new.
This informal session will reveal to potential private client lawyers the key personal skills required in order to thrive; you will have the opportunity to discuss the challenges of re-training and to provide motivation to switch disciplines or return to work in private client.
web shop to sign up for the LawSkills Monthly Digest dedicated to developments in Wills, Probate, Trusts, Tax and Elderly Client, paid for webinar recordings, Technical Learning Packs and more.
This is a fantastic opportunity to pick the brain of Gill Steel, a recognised expert trainer in the field. What does it really take to succeed in the private client world? What existing skills will be transferable? How can you get the training that you need?
Gill has been immersed in Wills, Probate, Trusts, Tax & Elderly Client law for the entirety of her long career as a solicitor, trainer & consultant. Now non-practising, her website www.lawskills.co.uk curates articles and training information dedicated to the practitioner. There is a
Written by:
Helping legal talent make the right career moves.
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Clara Rose
LL.B LL.M
Clara Rose Consultancy, www.clararoseconsultancy.co.uk Tel: 020 3286 7884
From the Council Chamber Since SNELS now has the benefit of two Law Society Council members we thought that we should introduce ourselves.
In March 2022 I was appointed as the UK member of a new Committee of Experts on the Protection of Lawyers at the Council of Europe in Strasbourg. The Committee’s job is to draft a new instrument on the protection of the rights of lawyers in Europe over the next two years. My name is Donna Taylor and I was appointed as the Council Member for Suffolk back in October 2021. I am a Consultant Solicitor with most of my work being through Nexa Law. I live in Mid Suffolk and I work from home. I am a Private Client Solicitor and have previously had my own firm and been a partner in another firm but now enjoy the flexibility of consultancy so I can enjoy seeing my soon to be 7 year old daughter grow up and be her role model for the future. Being new to Council I am lucky to have a number of members who have taken me under their wing to show me the ropes, including Tony. Its very different to my day to day job! I am interested in mental health within the profession and looking for changes that can be made to bring talent into the profession along with retaining it. As ever there is much going on at Chancery Lane and we thought we would provide you with a brief summary of the most important.
Criminal Legal Aid The President recently gave evidence to the Justice Select Committee on the proposals to increase criminal legal aid fees. Despite the headline claim that they are being increased by 15%, in reality the increase is 9% and the further funds being injected amount to £95m and not the recommended £135m. Rates have fallen in real terms by 33% since 2008 and a 9% increase will do little to achieve sustainability within the criminal legal aid community. Unless ongoing lobbying to increase the level of fees is successful it is unlikely that the sector is sustainable much longer.
Judicial Review The Government has accepted a key Law Society recommendation and agreed to remove the statutory presumption from Clause 1 of the Judicial Review and Courts Bill, in a major influencing win for the Law Society. Removing the presumption was our top priority for improving the Bill. Its removal means that the long-established
and fundamental principle of the justice system - that all remedies are discretionary - will continue, and will ensure fair outcomes in judicial review cases that fit the circumstances of the case at hand. The win on the presumption was the culmination of almost two years of campaigning and engagement from the Law Society around the Government’s plans to reform judicial review.
SIF The SRA announced in April that, following their consultation, they will not be pressing ahead with their previously stated ‘preferred option’ of closing the Solicitors Indemnity Fund (SIF) at the end of September 2022, and ending any ongoing regulatory requirement for post six year run-off cover (PSYROC). This represents a very significant shift in their position, which we should be proud to have achieved for our members and the consumers they serve. As you know, the SIF currently provides PSYROC for closed firms, once their mandatory run-off cover has come to an end. Had the SRA decided to implement their preferred option, and closed the Fund, it could have left consumers of legal services or their beneficiaries unable to find compensation for legitimate claims. Moreover, given the absence of any widely available, reasonably priced, commercially provided alternative insurance, it could have left the former principals of closed firms personally liable for any such claims. The Law Society developed compelling arguments based on the need to protect consumers and built a broad coalition of allies, including local Law Societies, groups representing sections of the profession, individual solicitors, professional indemnity insurance brokers, and consumer bodies and we supported them to respond to the consultation by providing information, arguments, and skeleton responses. The SRA received around 330 responses, making this one of their largest consultations thus far. Their report of the consultation responses records that ‘almost all respondents’ views were negative about the SRA analysis, some saying that they agreed with the Law Society’s view’. Since the consultation period officially closed, we have continued to make a powerful case to both the SRA and the LSB.
The Queen’s Speech Members will have no doubt read press reports with regard to the ambitious legislative programme announced in the Queen’s Speech. Of particular interest to solicitors will be the proposals to enact a new Bill of Rights which will diminish the standing of the case law of the European Court of Human Rights. The Law Society has made many press comments warning of the dangers that this legislation might bring. The President was quoted as saying ‘The Human Rights Act confirms and protects the rights and freedoms of people in the UK and provides robust protection in British courts. Dismantling it will have far-reaching consequences, conferring greater unfettered power not just on the government of today, but also on future ruling parties, whatever their ideology. If the new Bill of Rights becomes law, it would make it harder for all of us to protect or enforce our rights. The proposed changes make the state less accountable. This undermines a crucial element of the rule of law, preventing people from challenging illegitimate uses of power. Weakening rights for some would weaken rights for everyone and undermine the UK’s international reputation for justice and fairness.”
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My name is Tony Fisher and I am the Council member for Essex, and have been since 2012. The Essex constituency now includes North Essex which falls within the area served by SNELS. I am a partner with Fisher Jones Greenwood solicitors with offices around Essex and now in Suffolk too. I have over 40 years’ experience in private practice and am the head of the commercial department and CEO of the firm. Aside from commercial work, I have for many years also undertaken international human rights work and appeared as an advocate in the European Court of Human Rights on many occasions. As well as being on Council I have chaired the Human Rights Committee at the Law Society (I am now a member rather than chair) and I am a member of the International Committee, which oversees the international work of the Law Society.
By Donna Taylor, Tony Fisher
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No two the same: how specialist services can help you clear estate administration hurdles By Louise Levene, International Asset Services Manager at Finders International
However, we haven’t got much better at making Wills. Statistics indicate that two thirds of British people still don’t have a valid Will, and nearly 60% of parents don’t have a valid, up-to-date Will in place. This can have a profound effect on estates and the heirs. Private client practitioners are required to have a very broad skill set, so it can be comforting to know that, where needed, professional probate genealogists can step in.
No instructions On learning of the death, practitioners may have a problem right at the start: no instructions to act, no access to funds, and little or no information about next of kin entitled on intestacy. Probate genealogists can assist to help get the administration process moving, with a variety of flexible fee options.
Due diligence The subject of Wills – or their lack – can be thorny. The family is convinced that a Will was written naming them; or that a more recent Will exists than the one in your possession. Our thorough Missing Will Search, backed up by Missing Will indemnity insurance, can remove uncertainty and allow the estate representatives to move on with the process.
Verification The work of tracing missing beneficiaries utilises many research tools via publicly accessible online records of births, marriages and deaths, census records and social media, as well as electoral roll and other commercial data. It’s the training, credentials, special records access and research methodology that set a professional probate genealogist apart from ‘bedroom’ sleuths: ensuring that all parts of the family tree have been carefully researched, and all beneficiaries located. Estate practitioners can find themselves misinformed about the true extent of the family. The family members don’t always know about additional heirs that emerge through research, but genealogists find some beneficiaries are economical with the truth. Taking the word of the ‘sole heir’ at face value is a potentially costly risk to take, that can be avoided by engaging a professional probate genealogist to independently verify the family tree.
“There’s no one else…” Finders International was involved in the estate of a man with a £400,000 intestate estate. The man’s sister asserted she was the sole beneficiary. Finders verified the tree and found that she had a nephew, entitled to half the estate. She had, it appeared, neglected to mention his existence because she
didn’t approve of his behaviour. The nephew received his rightful share of the inheritance, and the practitioners saved a great deal of trouble and expense from a potential later claim.
Finding assets It’s easy for a person to acquire assets overseas: perhaps being paid in company stock, combined with an increase in wealth managed overseas, helps us feel that we live in a truly globalized world. It’s when the owner of these assets dies, that we tend to find out the world is not so globalized after all. A virtual security gate crashes down, and the estate representatives and legal practitioners must deal with a string of unfamiliar requirements from a foreign-based asset-holding institution, that may create legal, financial or administrative complications – or all three! Outsourcing this to an experienced professional firm of probate genealogists can help with what can be unfamiliar, lengthy and time-consuming work.
Case study A lady died leaving what was once a straightforward, London-listed UK share portfolio. In recent years and with failing health, she stopped actively managing her portfolio. After her death, her Executors found she had ‘accidentally’ acquired several high value shareholdings listed in the USA, through corporate acquisition and stock spin-offs. The legal practitioners advising the estate had little experience with this kind of work and brought Finders International in to complete the necessary steps. US estate tax clearance was procured due to the high value of the assets, and the shares transferred out of the Deceased’s name, using Medallion Guarantee stamps, and sold. Finders International are an award-winning Probate Research firm established in 1997. We trace missing heirs and beneficiaries to Estates, property, funds and assets worldwide as well as a range of additional Legal Support services. We work with Solicitors, Accountants, Corporate or State Trustees and financial institutions. We are the founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), which aims to provide a single, authoritative voice for corporate industry professionals. If you would like to contact Finders International for advice or information, contact us on +44 (0)20 7490 4935, email: quotes@findersinternational.co.uk, or visit our website to view our services. Source: https://www.royallondon.com/media/pressreleases/2018/december/perplexed-by-wills/
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There has been a development in new complexities due to the rise in multi-family households, and an increase in assets held overseas as people increasingly live, work and invest outside of our borders.
Suffolk & North Essex Law Society
Why should UK law firms be looking at business structure now? Quite often we trade as if we’re immortal. The assumption is that tomorrow will be the same as today, which was the same as yesterday. However, have you noticed that a number of UK law firms are changing or talking about changing their business structure, and have you wondered why? From the conversations we’ve had with legal firms, there seem to be several reasons: •
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Succession. As the Baby Boomers are now heading to their 60s and the Millennials are less interested in partnership, the number of successors has diminished. Those that are in firms are a lot easier to be head-hunted through social media. Firms want to be at least as attractive as their peers; after all, why would you want to join an unlimited liability partnership? Indeed, does an LLP offer the same protection as a limited company? It could do, depending on the scope of the firm’s PI policy, but that’s a completely different topic and one that you may not even get the
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chance to explain to someone who’s looking to join. •
External capital. For a long time, banks had a cautious approach in lending to firms with a limited liability, but those days seem to be well behind us and now banks are prepared to offer better terms to the more corporate structures than the traditional ones.
• •
Internal capital. With both LLPs and unlimited partnerships retaining capital at a tax cost of 40% or 45%, it’s attractive for a limited company to retain capital at 19% tax cost (current rates, increasing potentially to 25% from 1 April 2023). In addition, there are other tax reliefs that may be available to a limited company, which are not available to partnerships, such as Research and Development tax relief. Modern image and management. The relationship within a limited company, LLP or unlimited partnership can vary. Generally, disclosure and transparency are viewed positively, plus potentially
divorcing ownership away from directors may give even more access to capital. Clients like us to be up to date, both technically, but also in the way we run our businesses. They want to feel good about the company that gives them advice.
There are still combinations of structures that work in particular situations, but the important thing is to consider whether your existing business structure is still right for you. Need help? If you would like to discuss your business structure, please get in touch with our Legal team. You can find contact details on the Our People section of the Larking Gowen website. Alternatively, call 0330 024 0888 or email: enquiry@larking-gowen.co.uk.
By Ellis Lake
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Suffolk & North Essex Law Society
Geodesys drainage and water report for new build homes
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.” 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
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For more information, please visit: http://www.geodesys.com
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MEDIA RELEASE
01 APRIL 2022: New figures released today show that
solicitors and Will-writers are playing an increasingly important role in charitable Will-writing, with more than 1 in 5 Wills handled by UK legal advisers (22%) now including a donation to charity. The Savanta Will-writing survey*, commissioned by Remember A Charity, reveals that 7 in 10 solicitors and Will-writers (71%) always or sometimes alert clients to the Inheritance Tax benefits of leaving a gift in their Will, up from 6 in 10 (61%) in 2013. The survey also shows that the large majority of advisers (86%) proactively raise the topic of charitable bequests with their Will-writing clients, making them aware of the option to donate. Often, the charitable option is included in their routine client questions or forms. And yet, 1 in 8 advisers (12%) say they never raise the issue. Gifts in Wills are the largest single source of voluntary income for charities in the UK, raising £3.4 billion** for good causes annually and funding vital charitable services. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate on the remaining inheritance
“Legal advisers are hugely important in this space. Even the simplest of references to the option of making a charitable bequest can double the chances that a client will do so, raising vital funding for good causes, while helping them feel fulfilled that all those things they care about are covered in their Will.” This news follows a parallel consumer study from the charity consortium, which found that public appetite for legacy giving has reached record levels, with almost 3 in 10 UK donors aged 40+ (29%) saying they had already written a gift in their Will or were preparing to do so. The same study found that the majority (60%) of charitable donors have used or would use a legal professional to set out their final wishes. Remember A Charity is working to normalise charitable Will-writing across the UK by raising awareness of legacy giving among legal professionals and the public. The campaign encourages advisers to make clients aware of the opportunity of leaving a small donation in their Will, alongside their gifts for family and friends. Through its free Campaign Supporter scheme for solicitors and Will-writers, the consortium offers promotional resources and useful guidance for referencing gifts in Wills with clients.
Rob Cope, director of Remember A Charity – a consortium of 200 UK charities, says: “There’s so much to think about when writing a Will, particularly when it comes to taking care of family, friends and all those we leave behind, so a charitable donation is easily forgotten. But people in the UK are often deeply charitable, finding it both empowering and a great comfort to remember good causes by leaving a gift in their Will.
Find out more at: www.rememberacharity.org.uk/solicitor
Media queries: Contact Lucinda Frostick, Turner PR;
lucinda@turnerpr.co.uk
07712 045 308
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Suffolk & North Essex Law Society
22% OF WILLS WRITTEN THROUGH LEGAL ADVISERS INCLUDE A CHARITABLE BEQUEST
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Suffolk & North Essex Law Society
Loneliness in the Workplace Humans need other humans and a feeling of belonging and connection drives our happiness. True connection exists between people when they feel seen, heard and valued and without it, we can start to feel lonely. Whilst everyone sometimes feels lonely, long-term loneliness is associated with an increased risk of mental health problems including depression, anxiety and stress. Most of us spend more time working than doing anything else, particularly in the legal profession where long hours are common and often there is little time to pursue social connection. Loneliness arises from either a lack of relationships or a lack of close emotional bonds with those we have relationships with; for example the people we work with. It can occur because we work from home and don’t interact with colleagues often. We might live alone and rarely see others, or it may be that we just don’t have the quality of connection in our everyday lives; we don’t have people we feel close to or share values with. You can be surrounded by people and still feel lonely. Many legal professionals and support staff contact LawCare feeling isolated – they feel they can’t really be themselves at work, that their workplace doesn’t value them, they may feel they can’t reach out to their colleagues or be honest with their manager about how they are feeling. Although increased use of technology has brought people virtually closer, it has reduced the opportunities for face-to-face communication and instilled a sense of psychological loneliness. Screen interactions can’t replace the feeling we get from making a connection in real life. If you are lonely at work and feel isolated from others either physically or emotionally it can adversely affect job performance, job satisfaction, creativity and work engagement. You are more likely to be off work regularly, to leave for another job, and it may also lead to problems at home. If someone is lonely at work it can also negatively affect their colleagues and the organisation as a whole. Many people don’t feel they can talk to anyone about how they are feeling, either in work or outside of work. Some of us just don’t have people we can turn to in difficult
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times for a variety of reasons. Even if we do have close relationships it may not be easy to talk to a friend or family member. Perhaps we don’t want to worry them. Maybe they have their own problems going on. We might not have spoken to them in a while because we’ve been so busy at work. We may feel they won’t understand, or feel afraid to unburden ourselves or let go in front of them. What employers can do to combat loneliness •
Check in regularly. Managers should check in regularly, little and often works best, and informal chats are as important as work conversations. Ask how people are and how they are managing their workload. Make sure employees are looking after themselves. Ask them about their lives outside of work. In our Life in the Law research into legal workplaces wellbeing we discovered that of a wide range of workplace measures available, from private health insurance to mental health training, regular catch-ups or appraisals were reported to be the most helpful.
• Pay attention to vulnerable groups. Trainees and juniors will often need more support. • Build a culture of connection and community. Look for meaningful ways to increase connection/ interaction at work and meet employees’ psychological needs of social exchange. Brainstorms, informal tea-breaks, weekly catch ups, team days, peer support/ mentoring programmes can all be useful here.
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Encourage people back to the workplace. Incentivise and encourage people to spend at least some time in the workplace interacting with others, even if the majority of their work is carried out at home.
• Ensure a work/life balance is possible. Encourage everyone to work sensible hours – staff will take cues from how leaders behave. Take full lunch breaks; rest and recuperate after busy periods; avoid working at weekends; take annual leave entitlement. Make sure teams are well resourced in order to make this happen. What to do if you’re feeling lonely If you are feeling lonely, LawCare can help. We’ve been providing emotional support to legal professionals, support staff and concerned family members for 25 years. You can call our confidential helpline on 0800 279 6888, email us at: support@lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk We offer free peer support to those working in the law via our network of around 90 peer supporters, all of whom work in or have worked in the law. Our peer supporters can offer one-to-one support, friendship and mentoring over 2/3 telephone calls to those who need it. They understand life in the law and all its challenges - this is what makes our support service unique and supporters well placed to help other legal professionals. Our peer supporters reflect the diversity of the legal profession and are drawn from all branches of the legal profession and career stages. They are from different age groups, genders and ethnic groups.
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