Suffolk & North Essex Law Society - In Touch Magazine Winter 2023

The Outsourced Transcription Provider: A Cost Saving Addition to Your Legal Practice

The pandemic and subsequent lockdowns, hit some law firms hard. As a result, this has made firms re-evaluate disaster recovery and business continuity planning.

Now due to the war in Ukraine and the ripple effects from it, firms are now looking at what efficiencies can be made to reduce costs for their practice and how to improve income generation from its fee earners. Interestingly, Macintyre Hudson’s Legal Benchmarking Report for 2022 stated that removing administrative tasks from fee earners (such as typing) will help increase income generation

So how can outsourcing your typing needs help reduce costs, improve income generation and add a business continuity resource?

A Quick Win

Outsourcing will always be cheaper than a fee earner typing their own documents. This is due to a fee earner’s charge out rate being higher than an outsourced typist (at circa £19.50 p/h).

Did you know that a Grade A Solicitor (at £512 p/h) who spends two hours typing their own bespoke correspondence/documents could lose their legal practice up to £721.20 in chargeable timei. A Grade D lawyer (at £186 p/h) could lose their firm up

to £232.20 i The same applies to typing bespoke correspondence etc via a case management system. Why is that?

Dictation versus Typing

The simple fact is we can all speak considerably faster than we can type, as demonstrated by the statistics below: “The average person types between 38 and 40 words per minute” ii; and A “good rate of speech ranges between 140 - 160 words per minute” iii Therefore, it is four times more cost-efficient to dictate a document or email, rather than type it yourself. This is without considering any additional time a fee earner would need to edit or proofread, once the typing was done.

Swapping typing for dictation allows fee earners additional time to concentrate on what they do best; practice law and thereby income generate. Additionally, this reclaimed time will enable fee earners to deal with other important tasks, such as WIP and releasing valuable lock up, which overall will provide a better cash flow opportunity for the practice.

Other Benefits & Savings

Outsourcing your typing needs is considerably cheaper than direct employment (as your firm is not paying

for hidden employment costs such as NI contributions, pension contributions, non-productive time, leave, sickness, desk space etc). Outsourced transcription firms help enable law firms to work remotely, dictate on the go or to work from home without additional software costs or licences to the practice. They can also be used in times of high workload on a “as needed basis” or as a business continuity solution that enables law firms to access support when they need it, that expands (or contracts) with their firm’s specific needs, without any of the problems that direct employment would cause.

Testing the Theory

Some of the more established transcription companies have dictation apps for iOS, iPadOS and Android that allow you to dictate direct from your mobile phone or tablet like you would via a traditional Dictaphone. This allows companies to trial the provider without purchasing equipment or software licences. Some offer a number of free minutes of dictation, making it even easier to evaluate a provider. So why not take five minutes of your time today to investigate?

Based upon court approved rates for London. Typing costs deducted using OutSec’s standard rate.

ii “https://www.livechatinc.com/ typing-speed-test/#/ iii “https://clearly-speaking.com/ what-is-the-idealrate-of-speech/

Officers of the Society

President

Amanda Timcke

Birketts

Ipswich

Tel: 01473 406215

Email: Amanda-Timcke@birketts.co.uk

Vice President

Louise Goodenough

Haywards Solicitors

Stowmarket

Tel: 01449 613631

Fax: 01449 613851

Email: louise.goodenough@haywards-solicitors.co.uk

Deputy Vice President

Benjamin Carver

John Fowlers

Colchester

Tel: 01206 576151

Email: bencarver@johnfowlers.co.uk

Honorary Secretary

Ivana Radovic

Birketts

Ipswich

Tel: 01473 921 716

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, Council Member for Suffolk

Nexa Law Limited

London

Tel: 020 7504 7071 – Extension 2127

Mob: 07859 896 640

Email: donna.taylor@nexa.law

Tony Fisher, Council Member for Essex

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

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

A Message From Our President

Dear All,

A New Year and a new chapter as we draw to a close the previously extended presidency of Chris Andrews. My thanks to him for his leadership and support during the last two difficult years and I must smile as I step forward to take the lead in the same month as ‘Spare’ is published by Prince Harry.

It should not go unnoticed and I am proud, to be taking the helm representing you, as the first female non-partner solicitor in this role and in the same year Chancery Lane leads us to celebrate the first woman, Carrie Morrison, being admitted to the roll of solicitors by the Law Society of England and Wales (1922). This was promptly followed by three others – Maud Isabel Crofts, Mary Elizabeth Pickup and Mary Elaine Sykes – who were all admitted to the roll in early 1923.

I was shocked to learn as part of this campaign, that in 1913 Bebb v Law Society had reconfirmed that women were not allowed to join the profession as they were not classified as ‘persons’ under the Solicitors Act 1843. In 1919, the Sex Disqualification (Removal) Act was passed to open the profession to women – 97 years after the Law Society was established. This year, I will be the 87th President of the Suffolk and North Essex Law Society and in this same year I will recognise 20 years of being on the roll myself.

Whilst arguably slow to start, I have witnessed and been part of a more progressive profession during the last two decades. I recall as a trainee paginating court bundles by hand whilst the Partner worked from home, and whilst the fun has been ‘sapped’ out of this by advances in technology, more equality in hybrid working is now possible. There remains many tasks which ‘juniors’ must still endure as a rite of passage into the profession, but the age of the ‘junior’ is increasing and traditional Articles or Training Contract roles are no longer gatekeepers to a legal career. Traditional ‘Partnership’, whilst no longer the only route to a successful career, needs review as succession planning remains an important topic for all businesses. Nevertheless, it is refreshing to see the new methods of qualifying being embedded locally within Firms and without compromising the core values of the profession.

Through my original elected role on this Council in 2016, I have been able to extend relationships between the profession and local Universities. There will be further and continuing opportunities to work in partnership with law clinics, the University of Law and also Anglia Ruskin University this year, so please do get in touch if these opportunities would interest your Firm and together we can encourage and welcome the next generation of Solicitors onto the roll. We have also this year co-opted Dr Stephen Colman, Senior Lecturer at the University of Suffolk onto Council, and Morenike Ajediti as our first Local Government Lawyer representative.

I really do hope this year we can get together more, support each other more, and celebrate more the strength, depth and diversity of excellence across our counties and ensure East Anglia remains an enviable place to live and work.

It will be a difficult year, with pandemic repercussions continuing, inflation, war and the UK teetering in and out of a recession. However, we are so much more connected than we were 100 years ago. Our membership is diverse, outwardly looking and rich in history and entrepreneurship. Together we can compete with and support one another in this environment, looking positively to the future.

In the Chinese Year of the Water Rabbit, I look forward to working with you all in 2023 and despite the global challenges we all face, wish peace and prosperity to all.

Amanda Timcke

President, Suffolk & North Essex Law Society

Men’s Mental Health in the Legal Profession

By Elizabeth Rimmer – CEO of LawCare

Men in the legal profession, at all stages in their careers, may worry that seeking help will negatively impact their career and affect their family’s welfare. They might worry about whether ‘the whole thing is going to crumble’; or if they (and/or their career) fall apart, what will happen to their family and who will support them?

Emotional competence

LawCare is the mental wellbeing charity for the legal profession. We recently identified that a significant majority (approximately 65%) of the people using our support services were female, with only 35% being male. This prompted us to ask why male legal professionals aren’t talking to us about their mental health.

We organised an all-male focus group to better understand why men in law don’t speak up about their mental health, here is what we found:

Wanting to be strong and perfect

There is a challenge of being both a man and a lawyer. As men, there is still a palpable expectation that they should be strong, not display vulnerability, and be able to shoulder the burden of personal problems by themselves.

In addition, working as a lawyer adds further pressure to this sense of needing to appear perfect to the outside world –the perception that lawyers need to have all the answers. This perception, combined with the expectations men experience, can make it very difficult to reach out for help.

One member of the focus group suggested that we need to redefine what ‘manliness’ requires. It shouldn’t be about downing seven shots of whisky to prove how much of a man you are or working yourself towards a state of burnout.

Working long hours

There was a consensus that lawyers tend to take on more work than they have time for – leaving many of them feeling overstretched most of the time. Lawyers consistently work long hours to demonstrate their commitment to the profession or their organisation. This culture can amplify the issues that men face when it comes to talking about their mental health.

Uncertainty about opening up

Men can also be uncertain about opening up about a mental health issue at work, or even acknowledging to themselves that they have an issue.

Another barrier that can prevent men from reaching out for help is that some men don’t have the emotional vocabulary to understand or express their experiences effectively. One focus group member reflected on the fact that he had spent most of his life telling people what he thought, but very much struggled to talk about how he felt.

Finding support

Many men don’t know where to go to seek support, particularly if they don’t want to talk about their mental health at work. They may find it difficult to talk to their family, partner or colleagues or access formal support that may be offered in the workplace. They can find it hard to let their guard down and be honest about how they are feeling but ignoring problems and burying yourself in work just to get through it can be counterproductive and lead to burnout and exhaustion.

You can contact LawCare about anything that is concerning you. Our support is free and confidential, and you don’t have to give your name. We have 25 years of experience in supporting the legal community and everyone who provides support has worked in the law; we really do understand life in the law and all its challenges.

Contact LawCare on 0800 279 6888, email support@lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk

You can also read the Men’s mental health in the legal profession report: https://www.lawcare.org.uk/media/y5joke1k/lawcare-mens-mental-health-focus-group-july-2022.pdf

Suffolk & North Essex Law Society

Market Overview: What did solicitors qualify into in 2022?

Is 2023 the year that you qualify as a solicitor? Do you know someone who is qualifying or are you just interested to know where firms are focusing their NQ hiring efforts? As part of our market insight, we are able to give you information on what the market has been doing these last 12 months, we have analysed those who became solicitors in 2022 and broken down the areas of law that they qualified into.

This is not an exact market overview, it is weighted to the east of the country and NQs that we know across East Anglia, Essex, East Midlands and some London based. We have looked at just over 200 NQs.

NQs qualifying 2022

Notable large areas of qualification are private client (11%, 12% if you include Court of Protection and Charites), family (9%, 10% if you include children), litigation (10% but 19%-20% if you include specialisms) and employment law (8%). However, a mention definitely needs to go to corporate/ commercial as if you were to add all those specialisms together the market share would be 18-20%.

Another notable area is property; commercial (7%) and residential (3%) are at lower levels than we have seen for many years. For context in 2020 commercial property stood at 10% and residential at 5%, in 2019 the figures were commercial property 11% and residential 8%. So, a significant and ongoing downwards shift.

Again, for context in 2019 we saw family qualifiers were just 2% of the market so this is an area that is growing. Litigation and corporate/ commercial have maintained a fairly steady rate in recent years and private client has seen a very small drop over the years but again has been very steady.

Employment law has been a steady area for some years showing this to be an ongoing area of real need and appeal in the market.

This year, like last year, the most notable change has been the increase in specialism from early qualification. Areas like IP, technology, innovation, music, mental health, French legal, enfranchisement are all areas where 5 years ago they would not necessarily have been expressed as a specialist role, rather just fallen into the closest broad classification. Firms, it seems, are definitely looking for solicitors to specialise early. Inhouse has remained quite consistent too (2% in 2019, 5% in 2020, 2% in 2021 and now 5% in 2022).

With so many choices out there it can be a minefield to know what direction to take. Some trainees have a very clear idea of direction, others like all their seats equally and find it hard to decide. Trainees can take seats in areas they

have no interest in and find themselves qualified without the experience they were hoping for.

Key questions to ask yourself if you are qualifying are:

1. Do I like the work in this area of law or just the team?

2. Can I see myself challenged by this area of law for the long term?

3. Will I be interested in, and passionate about this area of law for my whole career?

4. Do I have any long term career plans (working overseas, in-house) that are better suited to a specific legal area?

Whatever your situation we are very happy to talk to you about the market, your career plans and the direction you want to take. I’m very happy to connect on LinkedIn, talk online or arrange a phone call to discuss your plans throughout 2023, whatever stage you are at in your career.

Written by Clara Rose LL.B LL.M Clara Rose Consultancy www.clararoseconsultancy.co.uk 020 3286 7884

Probate Genealogy –A Private Client Practitioner’s Secret Weapon

What is Probate Genealogy?

Probate Genealogy is a crucial part of the legal services world, helping Private Client professionals with their workload on a daily basis. Also known as probate research, the core service offerings are locating difficult to find beneficiaries named in wills or establishing and finding the relevant next of kin in intestacy and Court of Protection cases.

Research in this sector can be complex, detailed and often international, as can regularly involve crossing national borders. Case managers simply follow the research, wherever in the world it leads them.

Probate Genealogy is a knowledge industry. It is work undertaken by dedicated and skilled people using both new and more traditional methods. The expertise lies in locating and correctly applying historical records and data to identify individuals, assets, and estates. Over time, a ‘gut feel’ for things develops as knowledge is acquired.

You might think that in this increasingly connected world that we live in, finding beneficiaries would be relatively straight forward, yet this is frequently not the case. On a general level, people forget to update their contact details when they move residence (which happens more often now) and can drop off electoral rolls and other government databases. More specifically, in some instances, people simply do not want to be found and make it difficult to be located.

Intestacies

In cases of intestacy, the work of probate genealogists becomes particularly important as it can often be unclear as to whom is entitled to inherit assets where no valid will is in place to follow. In fact, this is a particularly prevalent issue with industry reports stating that up to two in three deaths in the UK in 2021 was intestate.

The research work carried out checking family trees and verifying entitled beneficiaries can save both probate and Court of Protection professionals a huge amount of time and effort. Probate research really dovetails with the work being undertaken by those in Private Client teams up and down the land; in fact, all over the world.

Court of Protection

A probate genealogist is also able to assist Court of Protection solicitors making Statutory Will applications by verifying the family trees and identifying existing or prospective beneficiaries in a discreet and empathetic manner. A further and often overlooked service that can also be offered by genealogist firms is access to ‘living person’ financial asset searches.

At locally based Anglia Research, we have a wealth of experience in providing help and guidance on Court of Protection cases and are proud supporters of the Professional Deputies Forum.

Unregulated Industry

The importance and relevance of probate genealogy firms is ever increasing, but it surprises many to learn that it is an unregulated industry, with no set entry requirements. Therefore, reputation and professionalism are key, and most firms (though not all) have suitably qualified staff undertaking the research work.

In fact, Anglia Research employ more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research company. We were delighted to recently be awarded the Best Probate Research Organisation of the Year at the illustrious and independent National Paralegal Awards held in Birmingham.

The takeaway message here would be: By using a probate genealogist, a legal professional is effectively ‘outsourcing’ elements of their work – there must be confidence that the work carried out by a genealogist is accurate, to a high standard, and legally sound.

Summary

Probate genealogy is about so much more than just finding missing beneficiaries or reconstructing family trees – other services include assistance with asset reunification, financial asset and bankruptcy searches, Missing beneficiary indemnity insurance, and even assisting with a law firm’s Unclaimed Client Funds obligations.

So next time you are faced with a not-so-straight forward case, do not be afraid to instruct a reputable probate genealogy firm such as Anglia Research to carry out the heavy lifting for you.

Suffolk & North Essex Law Society

Housing Legal Aid expansion –a small but hopeful step in the right direction?

Since 2018, Suffolk Law Centre has run a housing legal aid service from its offices in Ipswich, covering Suffolk and, when possible, North Essex housing cases in disrepair, possession, illegal eviction, homelessness challenges and housing related harassment. Prior to 2018 Suffolk was without legal aid housing provision and the Law Society has recognised North Essex as a housing legal aid desert since 2018. The Law Society map below illustrates the chronic shortage of housing legal aid provision across East Anglia, the only housing legal aid providers from south Essex to north Norfolk are single offices at Suffolk Law Centre and Shelter Norwich.

Both housing legal aid services are regularly over-subscribed by those with housing advice needs, in that context a key service to prevent homelessness is the Housing Possession Court Duty Scheme (HPCDS). The schemes are funded by the Legal Aid Agency (LAA) across the country to provide non means tested advice and representation at court on the day of a possession hearing for anyone facing possession of a residential property. In Suffolk and North Essex only one county court benefits from this LAA funded service, Bury St Edmunds. At both Chelmsford and Ipswich County Courts, the possession listing days duty advice services are provided by independent volunteer schemes. These are vanishingly rare across England as only six courts have these independent schemes. At Bury St Edmunds County Court, defendants facing possession cases or applicants to suspend

warrants of eviction do benefit fromthe LAA funded scheme and since August 2020, that service has been provided as part of SLC’s housing legal aid provision. Even since the drop off in cases during the covid pandemic, SLC have advised and represented over 70 clients at Bury St Edmunds and assisted in preventing or delaying possession for many vulnerable clients who otherwise would not have received assistance.

2023 will see major changes to the LAA housing duty scheme as part of the LAA’s professed commitment to early advice. Early legal advice was largely removed from legal aid provision under LASPO 2012. The negative impact of this on access to justice has been widely recognised and finally a review by the LAA in 2019 made a commitment to pilot its reintroduction. Three years later, a pilot in Manchester and Middlesborough

began to reintroduce early legal advice in housing and welfare benefits, due to run until 2024, it would see a trial expansion of legal aid funding in this area.

For the housing possession duty scheme the introduction of an expanded early advice service is due to start in Autumn 2023 under the new Housing Loss Prevention Advice Scheme (HLPAS), an acronym confusingly close to that of the Housing Law Practitioners Association (HLPA) but completely unrelated. HLPAS has two stages, it retains at stage 2 as in-court duty scheme advice service comparable to the existing HPCDS. The novelty of the scheme comes at stage 1 which would allow legal aid providers to provide early legal advice on housing, welfare benefits and debt issues under LAA legal help funding if they are facing possession proceedings or at risk of loss of their home. This help would be engaged from the point at which a client received written evidence of the risk of possession proceedings and, like the in-court scheme, this assistance will not be means tested, opening up advice and advocacy to a much wider scope of potential clients than exists under the strict financial eligibility criteria currently in place from legal aid.

Tenders were submitted to run these schemes in December 2022 and, if successful, new providers will be able to provide this early advice to anyone across Suffolk, including for those attending courts without an LAA funded scheme.

The scheme has been welcomed by many as a rare extension of the scope of legal aid services given the deleterious impact of the removal from scope of legal aid of most benefits and debt advice. However, concerns have already been raised over fees (a perennial problem for legal aid providers given that fee

rates have not increased since 2000) and limitations to the extent of the benefits and debt work possible, at this stage that work is due to cease at any final hearing whether the benefits and debt work has resolved the client’s issues or not.

However, despite these concerns, early advice remains a critical access to justice issue. Helping clients resolve their issues before they become intractable and avoiding costly and stressful court processes on both sides. In our housing legal aid work at SLC we see the effects of unresolved problems and the lack of legal aid in housing every day without the funding to address them all. While the HLPAS scheme is only a small weapon in our armoury, it has some potential to help clients avoid the stress of attending court and potential eviction. Much more needs to be done, and the profession is awaiting with some hope and a healthy dose of cynicism the review of sustainability of legal aid finally scheduled by the LAA for this year. There are much deeper and more concerning problems with the sustainability of housing legal aid than can be addressed by the introduction of the HLPAS scheme, but it is a (very small) step in the right direction to expanding legal aid and Suffolk Law Centre will be embracing all the opportunities available to improve services to vulnerable clients facing life-changing housing issues.

By Lucy Davies Acting Housing Legal Aid Supervisor, Suffolk Law Centre

46A St. Matthews Street, Ipswich, Suffolk, IP1 3EP

Tel: 01473 408111

web: www.iscre.org.uk

Email: office@suffolklawcentre.org.uk

Suffolk & North Essex Law Society

Trainee mental health: Has there been an overcorrection?

This is the question that was asked during one of our Leaders in Law mental health awareness training sessions.

It’s no secret that there are higher than average rates of mental illnesses in the legal sector, and the pandemic has certainly increased focus on the area. This has been welcomed by those joining the profession, as studies show future joiners want to work for firms that prioritise mental health.

However, more recent research has shown that despite the increased investment in mental health, some of the core problems related to the loss of top future talent are being exacerbated.

Not helped in any way by the salary wars between firms trying to attract top junior talent, recent research suggests the generational divide in firms has become more polarised as:

● 76% of partners believe junior associates are more entitled than they were three years ago

● 58% of partners have noticed a “negative change” in the attitude of associates they work with

● 42% of partners said juniors don’t work as hard as they did

● 60% of trainees do not feel satisfied with the level of supervision/mentorship they receive from their leaders

● Only 14% of trainees see themselves staying at their firm between 5-10 years

How, then, do firms cultivate a mentally healthy culture that supports the development and retention of junior talent whilst also balancing the demands of senior leaders?

Aside from ‘letting the recession sort it out’ as one partner joked in the same session, let’s hone in on the most impactful, accessible and, dare I say obvious, solutions available to us right now - the supervisor-trainee dynamic

Although there has been increased focus on supervisor/trainee training since the SRA workplace culture review, and as a result of hybrid working, much of the efforts have been generic and therefore impractical within a law firm setting. In our work with 50+ law firms across the UK & Europe, we’ve identified and refined a framework that outlines the core interactions between supervisors and trainees, and provides practical and specific guidance to ensure a more harmonious win-win working relationship.

The I-ABCD (Induction, Allocation, Briefing, Checking, Debriefing (feedback)) model effectively helps to minimise friction and barriers to engagement and supports both parties to enhance their personal effectiveness.

From a ‘start right’ approach to briefing to initiating sensitive conversations, the framework, in effect, helps translate a firm’s policies and strategies to drive engagement, retention and sustainability into real-life behaviours specific to the demands of the legal profession.

The current retention crisis and increased regulatory focus reminds us that this critical dynamic can no longer be left to chance by individuals and firms who want to future-proof their competitiveness and growth.

For more information on how the framework can support your ROI on trainee development and leadership initiatives you can get in touch with me via our website.

Marie Dillon Director, Leading Minds www.leadingmindsglobal.com

PLO/PRO Report

EVENTS WEBSITE

I will be looking into getting this fully up to date over the next months. If your details are missing or out of date, please contact:

louise.goodenough@haywards-solicitors.co.uk or snels@topcopysec.co.uk

I am also hoping to have more time to focus on our twitter feed.

PRESIDENT’S ANNUAL DINNER

After a much awaited and anticipated President’s Annual Dinner, I am pleased to report that this was a remarkable success. With amazing support from SNELS members and sponsors. We also raised over £600 for Chris Andrews’ nominated charity.

A big thank you to Chris Andrews who has had an unusual extended year of being SNELS President and big welcome to Amanda Timcke as the new President following the AGM. Here’s hoping for a healthy and fun filled 2023! Please keep an eye on our website and twitter for events happening throughout the year.

With life getting back to some sort of normality I feel it would be an emotive idea to get members back engaged and host some face-to-face events this year.

The sponsors are keen to provide funding and assistance for this. If anyone has any ideas of an event they would like SNELS to host, please contact me. I will of course be looking at what we can do this year for the Vice President’s event and Amanda Timcke is hoping to get the awards ceremony up and running.

Annual Law Lecture – This is back on track and due to take place on Wednesday 8th February 2023 (evening). If you would like to attend, please contact: Amanda-Timcke@birketts.co.uk . It would be good to try and get something similar up and running with Suffolk Law School.

The Suffolk Justice Service – I have been cordially invited to attend this. The event is taking place on Sunday 26th March 2023 at 3.30pm at St Edmundsbury Cathedral. The Speaker will be Major-General James Cowen CBE DSO

Suffolk & North Essex Law Society

From the Council Chamber

A New Year is upon us and the new President Lubna Shuja began her presidency in October. Here are some recent matters to come from Chancery Lane and includes Lubna’s hopes and objectives for her year as President.

Diversity and Progression within the profession and the judiciary

• There was an event celebrating 100 years since the first woman solicitor, Carrie Morrison, was admitted on 18 December 1922 followed closely by Mary Pickup, Mary Sykes, Maud Crofts, as well as Agnes Twiston Hughes who was the first Welsh woman solicitor to be admitted in 1923.

Other speakers were fellow Council Member Dana Denis-Smith and The Rt Hon Victoria Prentis MP, the Attorney-General.

I (Donna) was invited and attended this evening and it was uplifting seeing the appetite for change and for diversity to continue to be promoted within our profession.

• There has been an event discussing the success of the South Eastern Circuit Judicial Mentoring Scheme which will be rolled out to other regions. We will work closely with the judiciary to ensure solicitor members across England and Wales are well represented in the next scheme.

• Meetings with solicitor judges to discuss their concerns around diversity.

Professional Ethics

• The Law Society has held three preliminary roundtables to discuss ethics with city firms, in-house solicitors and mid-size firms.

A further virtual roundtable is took place with small firms and sole practitioners on Thursday, 26th January 2023.

Business Support – Listening to Members

• Lubna has attended meetings around the England and Wales to listen to the issues and challenges that our members face.

• A virtual President’s Surgery will be held in early in 2023 and we will let you know the date if you wish to attend.

A leading and influential voice on justice, the rule of law and the value of solicitors

• We continue to put out press releases highlighting issues impacting on the public and on the justice system – this is in diverse areas of Mental Health patients, the Family Law Court system and of course the Legal Aid system.

By Donna Taylor, Tony Fisher

• Our 5 point plan to resolve the court backlogs received good coverage across the national as well as the legal press.

International promotion of the profession and jurisdiction

• The Tokyo Bar Association celebrate their Centennial Anniversary at an event in January 2023. Lubna recorded a congratulatory video message for them and Vice President, Nick Emmerson, also recorded one in Japanese!

• Lubna also attended the UK-India Legal Partnership Annual Dinner and Awards and spoke about the numerous opportunities in UK-India trade and investment which will grow with the implementation of the UK-India Free Trade Agreement and the liberalisation of legal services in India.

In addition to the above activities, there have been meetings with the Lord Chief Justice, the CEO of HMCTS, the Chair of the SRA and various government ministers discussing a whole range of topics that impact on our members. While Nick Emmerson (VP) has been making use of his fluency in Japanese, Deputy Vice President Richard Atkinson has been presiding over Admissions Ceremonies as well as continuing to attend various meetings relating to the criminal legal aid situation.

** VACANCIES** Law Society Committees

There are often a number of vacancies on Committees within the Law Society, areas such as Leadership and Management, Property, Private Client, Dispute Resolution, and Competition/Antitrust as well as the Smaller Firms Network and the In-House Network and many more. If you have any interest or questions about these please do not hesitate to contact either myself or Tony about these and we can give you further information.

MEETINGS

Our Law Society Meeting on 17th January will be followed by a Strategic Planning meeting in February. If you have anything you would like to raise with Tony and me please feel free.

Tony Fisher (Council member for Essex) (tfisher@fjg.co.uk)

Donna Taylor (Council member for Suffolk) (donna.taylor@nexa.law)

2022 President’s Annual Dinner Review

The long awaited President’s Annual Dinner took place at the Stoke-by-Nayland Hotel on Friday, 30th September 2022. After the restrictions of the Coronavirus pandemic, members were keen to gather, socialise and let their hair down, and the event

was very well attended. Guests included Mr. Nigel Parsley, HM Coroner for Suffolk. Our guest speaker was HH Judge Martyn Levett. Entertainment was provided by Phaze 2 Caribbean Steel Band, an Ipswich-based group of musicians who played until midnight.

Support was received from our usual sponsors, J M Finn, Index Property Information, Property Solutions Group (formerly Executor Solutions), Williams-Wroe plus new sponsors Anglia Research and Tower Street Finance.

A very successful raffle raised over £600.00 for the charity SSAFA (Soldiers’, Sailors’ & Airmen’s Families Association).

Suffolk & North Essex Law

Society

LSSA appoints business expert Kevin Horlock as new CEO

The LSSA (Legal Software Suppliers Association) has announced the appointment of Kevin Horlock as its new CEO. With over 50 years’ experience in the legal, finance and accounting industries, Kevin will be working with the LSSA’s leadership team to further enhance the Association’s role as a leading voice within the legal industry.

Throughout his career Kevin has worked with a range of associations in the private, public and voluntary sectors. With expertise in leading, coordinating and bringing professionals together, he has worked for the Royal Air Force and various medical and scientific associations. He also currently works with the Institute of Legal Finance & Management has run a business referral group for eight years and provides performance coaching in presentation skills, sales and leadership.

Kevin’s predecessor was experienced industry practitioner Glyn Morris, who was in post for eight years.

The LSSA launched in 1996 and is the UK industry body for developers and vendors of legal software systems. Representing many of the leading UK suppliers, it aims to set and maintain professional standards within the industry and manage areas of mutual interest between lawyers and software providers.

Chair of LSSA, Tim Smith says,

“The COVID-19 pandemic has changed the way the world operates forever,” continues Kevin.

“The LSSA is supporting its members in responding to changes in the market so they can maintain a competitive edge and meet the needs of their customers. Our priority is to ensure the Association can provide value to organisations of different sizes at different stages of their growth. I’m looking forward to working closely with chair Tim Smith and the leadership team to help the LSSA and its member companies thrive.”

“I’m delighted to be taking on the position of CEO at the LSSA,” says Kevin. “This role gives me a great opportunity to work with professionals on a one-to-one basis, while also maintaining a strategic approach to the future of the Association. I’m looking forward to bringing my experience of leading and managing associations to the LSSA.”

“We’re delighted to bring on board someone of Kevin’s unrivalled expertise. The market is continually evolving and our mission at the LSSA is to continue providing a unified, trusted voice with a strong focus on standards, collaboration and expertise.”

For more information, please visit: www.lssa.co.uk

Suffolk & North Essex Law Society

Positive analysis of why the misuse of drugs act 1971 needs to be replaced

Well known Liberal Democrat, Norman Baker, contributes an important Foreword to this excellent new paperback from legal publishers, Waterside Press, “putting justice into words”. They all do just that here!

Baker writes that “It is time to see the MDA 1971 for what it is: a bad law that has the opposite effect to that intended. The so-called war on drugs is lost. It could never be won. Let us replace this knee-jerk law with something rational, something evidence-based, something more humane.’ The call for action is well-timed but it’s doubtful that anything will happen, but at least we have this well-argued book from three Professors: Ilana Crome, David Nutt, and Alex Stevens. The editors are an interesting, eminent gathering of professorial expertise. Ilana Crome is Professor Emeritus of Addiction Psychiatry, the University of Keele. She has contributed widely to research, training and policy on addiction and substance use and is an editor of major textbooks in this field. Professor David Nutt is founder of “Drug Science UK” and author of over 500 papers and 35 books around the subject.

Alex Stevens is Professor of Criminal Justice at the University of Kent. He has worked on issues of drugs, public health, and crime in the voluntary sector, as a researcher and as an adviser to the UK Government. We are fortunate that the editors are supported by 25 experts of considerable standing in the field of drug policy, education, and research.

The case they put is that for 50 years the Misuse of Drugs Act 1971 has “dominated ill-conceived approaches to the prohibition of drugs and the criminalization of many

offenders”. The editors continue, writing that “wilful blindness to scientific facts has distorted the dispensation of justice, prevented lifesaving investigation, sidelined critics, and thwarted advocates of politically inconvenient drugs law reform”. Accurate as a statement, of course, but its indicative of the substantial failure to rectify what remains a massive social and criminal problem.

“Drug Science and British Drug Policy” is well-described as “an epoch review by experts from a range of disciplines shows how lawmakers and the media have ignored the scientific evidence to sustain badly founded rhetoric in favour of blanket bans, punishment, and the marginalization of opponents.” The book concludes that “countless individuals (including the vulnerable, deprived, addicted and mentally ill) have therefore suffered unnecessarily”. And, if nothing else, the statistics on drugs misuse prove the point again and again. This paperback is the most comprehensive critique of the 1971 Act to date. The case for urgent change rests on the combined learning of leading medical, scientific, psychiatric, academic, legal, drug safety and other specialists to provide sound reasons “to re-think half a century of bad law”. We need a new law for 21st century, but, sadly, we don’t believe we’ll get it for a very long time. Thank you to Waterside and to the authors for at least raising the need for repeal and revision. Probably another 20-30 years will go by before we see real action: not a particular pleasant thought but do read the book.

The date of publication of this new paperback edition from Waterside Press is cited as 9th November 2022.

Is there any precise definition of the term “class action” in English law? No, apparently there isn’t. The erudite editors and contributing authors of this well-established text make this point clear from the outset. This is not to deny, however, that large numbers of claimants and (more rarely) defendants can and do launch such claims within a variety of circumstances. While such terms as “group litigation and “multi-party actions” have become increasingly commonplace, so too have various cases referred to as “class actions” particularly in the past four years -- and it has now been four years since the publication of the first edition of this distinguished law text, in which the term “class actions” shines forth in the title.

Fortunately -- and much to the advantage of the busy practitioner in this area of law, this well-nigh indispensable work of reference has recently emerged in a new second edition from Sweet & Maxwell, as class action cases become increasingly -- and relentlessly -- common. To offer only one example, the case of Lloyds/HBOS litigation is cited by the book’s general editors as the first judgment in a shareholder class action in England & Wales, predictably paving the way for more such class actions in the not-too-distant future.

Practitioners in this relatively new and fast-developing area of law will without a doubt, welcome the assistance offered in this new edition, which has been fully updated to reflect recent key developments. Four new chapters on class action litigation, for example, have been added to the expanded text which

includes such issues as data protection claims, product liability, insurance, and employment.

As noted in the Foreword by Sir Geoffrey Vos, Master of the Rolls, this text is ‘a detailed and practical guide to the conduct of class actions’ which, he adds, ‘have become ‘a firmly entrenched and increasingly important part of the legal scene in England & Wales.’ They are being brought, he says, ‘in almost every conceivable area, from international pollution, motor car manufacturing and pharmaceutical claims... to financial services, shareholders’, and competition proceedings.’

Bearing in mind the complexity, the breadth, and the depth of this subject, it is reassuring to note that this book contains a mine of useful resources including, as you would expect, tables of cases, statutes and statutory instruments, as well as a table of EU and international legislation and a reassuringly extensive table of abbreviations. Copiously footnoted and featuring numbered paragraphs throughout, the book features a detailed table of contents and an eleven-page index to aid navigation.

As the designation of ‘class action’ can conceivably become relevant in every aspect of law as time progresses, this definitive and eminently readable text should be considered an indispensable purchase for every law library and every practitioner.

The date of publication of this hardback second edition from Sweet and Maxwell is cited as at 19 August 2022.

The definitive work on class actions - now in a completely updated second edition with a foreword by sir geoffrey vos, master of the rolls

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator. Suffolk & North Essex Law Society

Rallying cry for wider adoption of UPRN

“It’s another step in supporting the industry wide adoption of UPRN which we believe will bring huge benefit throughout the conveyancing process”.

Property portal Zoopla has announced it is heavily investing in UPRN at a recent conference. It believes that by improving data quality around the home buying process, it is possible to reduce fall-throughs and speed up conveyancing.

Ellie adds that from a search point of view UPRN will also provide greater surety of location.

The adoption of Unique Property Reference Numbers (UPRN) presents an opportunity to simplify and speed up the conveyancing process, according to Geodesys.

Momentum is steadily growing behind the wider adoption of UPRN across the property industry. Currently, the main barriers to adoption are awareness and the availability of using the UPRN through a transaction with all parties.

But a Today’s Conveyancer survey of conveyancing practitioners at the end of 2021 identified that awareness across the conveyancing sector was growing with 65% of respondents suggesting they understood what UPRN are, and of those 85% suggested they would be “useful in providing a single point of focus for data on property.”

However only 11% of respondents suggested they used UPRN “Every time” or “Often” in the course of a transaction.

In April UPRNs were included in the Buying and Selling Property Information (BASPI) protocol, developed by trade bodies from across the home buying sector to support the digitisation of property information and enable the collation of up front information from consumers. A “single source of truth,” the BASPI has been designed to reduce the huge duplication of information collected in the course of a conveyance and bring it into a single space.

“How many times have you had to provide more information about a parcel of land or check the plan to ensure you’ve included the full boundary of the property?”

“UPRN will map out property locations, including any additional parcels, and ensure the search covers the full outline of the property.”

There is a risk that wider adoption will become a catch-22 situation. The results of the Today’s Conveyancer survey show that wider adoption amongst property lawyers will be dependent on a demonstrable improvement in the conveyancing process, something only achievable if each side of the transaction is using UPRN.

Indeed a number of comments from the survey indicate that UPRN confuses the issue, with some respondents indicating that title numbers are, in effect, unique.

“Title numbers are unique to the conveyancing process. UPRN are designed to help capture data beyond the home moving process, such as emergency response, HMRC and other govt departments, and have the potential to build a “property passport” or “property logbook” as an immutable single source of truth to tie property data to”

says Ellie

“We must, as an industry, embrace adoption to be an enabler in the digitisation of property data, rather than risk holding back progress and missing this critical opportunity to improve home ownership.”

“We have incorporated UPRN search into the Geodesys platform for a number of years, alongside postcode and address look up. The Geodesys system works by linking a UPRN to a title number so you have the benefit of either because of how we match them up.

“The idea behind UPRN is to provide greater certainty around the location of property and uniformity of addressing”

Says Ellie Player, Head of Geodesys.

Suffolk & North Essex Law Society

How will the cost-of-living impact gifts in Wills?

Today, almost six in ten (59%)1 people in the UK feel their finances are worsening, one in four households are struggling to pay the bills2 and, inevitably, this means that many people are having to hold off from donating to good causes3.

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

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

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

Role of solicitors and Will writers

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

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

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

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

Free campaign supporter scheme for legal advisers

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

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

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

Suffolk & North Essex Law Society

YouGov poll: Legal firms are failing to support employees with mental health and wellbeing

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

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

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

Elizabeth Rimmer, CEO of LawCare – a mental wellbeing charity for the legal profession – said:

offerings such as Employee Assistance Programmes, life insurance, private medical care and perks and discounts, however only around one in four used them if at all.

“Despite the range of wellbeing supports on offer in law firms, it is telling that in this poll only 2% of legal professionals would feel confident in talking about their wellbeing with colleagues.

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

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

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

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

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

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

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

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

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

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

Psychologist Peter Abrahamsen, who works with stressed lawyers, said:

“My typical lawyer client is at crisis point from excessive and sustained pressure at work directly affecting their mental and physical health. They are disillusioned by their profession and struggle with the effects on their home life which is often falling apart.”

Compared with staff in some other sectors, those working in the legal sector and professional services appeared to receive similar benefits focused on traditional

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

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

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

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

Notes:

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

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

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

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

For interviews, video and high-resolution images please contact Jane Robertson on: 0300 124 6868 or 07827 948993 or email jane@frog.net

Suffolk & North Essex Law Society