In Touch The Official Magazine of Suffolk & North Essex Law Society
A WEALTH OF EXPERIENCE AND COMMITMENT TO EXCELLENCE FOR THE PREVAILING ADVANTAGE
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Contents
Editor Chris Andrews
Features Christine Kettle Advertising Simon Castell Design Matt Wood - East Park Studio Accounts Tony Kay
Media No. 1111 Published September 2020 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.
Issue 22 Summer/Autumn 2020 Articles in blue are indepedant advertorials and not neccessarily the opinions of the Society
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A Message From Our President
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From The Council Chamber
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Legal Market Overview
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Junior Lawyers’ Division
14
No Fault Divorce to be Enshrined in Law
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Investment by Suffolk Law Centre in much-needed specialist legal expertise offers real hope to more local people than ever before who are or might be facing eviction from their homes.
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Why the surge in demand for Will-writing could be instrumental to the charity sector’s recovery
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PRO/PLO Report
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Navigating the evolving landscape of Professional Indemnity Insurance
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Software swap guide: four tips to protecting your data
Suffolk & North Essex Law Society
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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.
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A Message From Our President
Officers of the Society
Vice President Chris Andrews John Fowlers Colchester Tel: 01206 576151 Fax: 01206 761916 Email: chris@johnfowlers.co.uk Deputy Vice President Amanda Timcke Birketts Ipswich tel: 01473 406215. Email: Amanda-Timcke@birketts.co.uk Honorary Secretary Ivana Radovic Birketts Chelmsford Tel: 01245 211289 Email: ivana-radovic@birketts.co.uk Honorary Treasurer Louise Cardwell Ashtons Legal Tel: 01473 261320 Email: louise.cardwell@ashtonslegal.co.uk Honorary Council Member Roger Buston Birkett Long Colchester Tel: 01206 217335 Mob: 07770 305 977 Email: rbuston@apblaw.co.uk PRO/PLO Louise Goodenough Haywards Solicitors Stowmarket Tel: 01449 613631 Fax: 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk Education & Training Officer Amanda Timcke Birketts Email: Amanda-Timcke@birketts.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich, IP6 9UN Tel: 07749 576193 Email: snels@topcopysec.co.uk
Dear All, Suffolk & North Essex Law Society
President Matthew Cameron Ashtons Legal Bury St. Edmunds Tel: 01284 727016 Fax: 01284 764214 Email: Matthew.Cameron@ashtonslegal.co.uk
I had not envisaged writing another editorial for this journal. All things being equal, the honour would have passed to my successor as President of SNELS, Chris Andrews. This, though, falls to me shortly before my term comes to its end, my term having been extended by a few months as the Committee felt it would be difficult to organise the AGM during lockdown. In any event, our upcoming AGM will take place by video link, as have a number of our previous SNELS Council meetings over previous months. It is, of course, inevitable that the coronavirus pandemic takes centre stage here. It has completely changed our lives, both professional and personal, and we are still far from certain as to how we will all be delivering our services going forwards. While it is clear that some local firms are in regular attendance at their offices, many are working predominantly from home. Firms that had perhaps paid lip service to agile working in the past have been forced to ensure that this is a real possibility. And we have seen how the courts have been trying to adapt to new working methods: perhaps we can finally start to believe that electronic document bundles can be a permanent fixture. When I took custody of the President’s medal in summer 2019, I said that one of my major interests would be to look to improve our links with the law faculties in the two universities in our region. On the latter, at least, we have made some progress, particularly with the University of Suffolk. The UOS Law School was hoping to organise a legal walk around Ipswich, although again that was stymied by Covid. I do hope that our education links will continue: SNELS should certainly be able to help as a conduit for law students to come to local firms. With our next President being based in Colchester, there will presumably be opportunity to work with the University of Essex as well. In March I was invited to take part in the Suffolk Justices’ service at St. Edmundsbury Cathedral. That was one of the first times I saw the limitations that were starting to be imposed. While this was pre-lockdown, the service was understandably reduced. On a final note, in deciding to extend my term until late September 2020, the Committee has also decided to move the Annual Dinner to springtime, rather than the autumn. Let us hope that come April 2021 we will be able to envisage such an enjoyable gathering. Do keep In Touch with your local Law Society, through this journal, and social media. Next task – to deliver the President’s bling to Chris Andrews in time for the AGM. I wish him well for his term. I wonder if he will ever be able to chair a SNELS Council meeting that actually takes place in person.
Matthew Cameron
President, Suffolk & North Essex Law Society
www.snels.org.uk
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From the Council Chamber
SNELS Council Member Report Chancery Lane - September 2020
CM Brief As Law Society Council Constituency Member for Suffolk and North Essex I represent SNELS members nationally both on TLS Council, the Conveyancing and Land Law Committee (CLLC) and on the Property Section (PS) Executive Committee.
CM Activity Attended/ing: TLS CLLC: 30th June, 7th July, 30th July, 18th August & 10th September 2020 (Virtual) TLS PS Exec: 5th August 2020 (Virtual) TLS Council: 15th July, 11th August (& 8th September 2020) (Virtual) In order to assist input to the TLS offering to Members I am engaged with Council , CLLC and PS daily, and with the advent of Teams and Zoom supplementing e-mail, there are, further, impromptu meetings and consultations I participate in virtually every day.
including senior staff, and the all-staff induction has been updated to ensure awareness across the organisation. A set of General Regulation amendments to implement a number of matters to do with IGR compliance was agreed by Council in June (this also included the changes necessary to implement the move of the SRA to incorporated sub-entity status, subject only to the agreement between TLS and SRA Boards of some outstanding finance, accounting, and tax matters). TLS has spoken to the LSB and submitted our regulatory arrangements alterations application, and we do not expect any issues to arise.
Public Affairs In May and June, TLS and its campaigns were mentioned 17 times in Hansard and 32 times in social media accounts linked to parliamentarians on issues including:
Purpose: TLS is the voice of Solicitors.
Corporate Insolvency and Governance Bill; Divorce, Dissolution and Separation Bill; Domestic Abuse Bill; and Counter Terrorism Bill.
Governance: Meeting and Appointments
In the past months, TLS has held high-level stakeholder engagement on our priority issues with the following Government and parliamentary stakeholders:
Driving excellence in the profession and safeguarding the rule of law
TLS continues to conduct governance meetings virtually in light of Covid 19. TLS acknowledges the extra work imposed on the policy advisory committees and others, for adapting so well to the new ways of working. Appointment interviews for vacancies on the Policy and Regulatory Affairs Committee (PRAC) were also held virtually and successfully.
Governance: TLS AGM In May, Council agreed to defer TLS Annual General Meeting (AGM) to 15th October. This in turn determines the timings for elections for deputy vice president (DVP) and for Council members, since their terms of office are determined by the timing of the AGM. The DVP elections have already been advertised and there is a list of declared candidates on whom detailed will be circulated in due course. It is planned to hold hustings remotely on 1st September, with elections to follow. Council elections are also deferred, and the process of inviting nominations began in early June.
Governance: IGR Compliance Preparation TLS IGR compliance work continues. Revisions to the committee application forms, Council nomination forms, and induction training have been implemented. An audit of staff in relation to the dual role issue has been conducted and a similar audit is being conducted in relation to Elected and Appointed Members. Training is being developed for Council members and others, 6
www.snels.org.uk
Lord Chancellor, Robert Buckland QC MP; Justice Minister, Alex Chalk MP; Professional and Business Services Minister, Nadhim Zahawi MP; Future Relationship with the EU Chair, Hilary Benn MP; Shadow Justice Secretary, David Lammy MP; Shadow Attorney General, Lord Falconer; Lib Dem justice spokesperson, Daisy Cooper MP; and Chair of the Housing, Communities and local government, Clive Betts MP. The President made written representations to the Lord Chancellor, the Chancellor of the Exchequer and the Housing Secretary on legal aid firms, business rates and access to justice matters, and gave oral evidence to the EU Services subcommittee in the House of Lords on legal services and the future relationship.
Digital: Website The new TLS website has been live in beta since late February. In line with best practice, traffic has been built slowly, but now a link from the old site is shown to all visitors, encouraging them to try the new site. This includes a significantly improved search function, redesigned content and a new navigation based on research with members. The new site includes Junior Lawyer, Inhouse and Small Firms content and these community microsites are now closed. This will ensure all relevant content for these audiences is accessible in one place, improving the member experience.
Digital: My Law Society
The above themes have been used as headings to identify how TLS activities are leading to outcomes on the agreed priorities. By the time Government announced their lockdown on 23rd March we had established a CV19 Steering Group to develop a strategy to deal with the business and member impacts of the pandemic. The focus for many of the existing policy themes has shifted to reflect the impact of CV19 on the particular issue involved.
Learning and Development
CV 19
The beta launch of ‘Law Society Learning’, our new Learning Management System (LMS), has continued. It was released internally to Society staff, and the feedback received was positive. The new LMS hosts completely new bite-sized eLearning modules, along with a fully digital risk and compliance accreditation. All content is also mapped to TLS new curriculum, which will make it easier for members to develop their own learning and professional development pathways. TLS has also been delivering webinars as digital alternatives to the face-toface events that were cancelled due to Covid-19.
TLS access to justice work on the pandemic has focused on member safety and business support. TLS has promoted several positive moves in relation to member safety. The protocol to ensure our members’ safety in the police station has now been embedded in the Police and Criminal Evidence Act (PACE) codes, to give the protocol added force. Courts are now required to complete and make available to users a ‘risk assessment’ explaining how they have ensured their premises comply with Public Health England (PHE) requirements. TLS is also working with HM Prisons and Probation Service on how face-to-face prison visits can be safely restarted, and with the judiciary and other stakeholders on increasing the number and type of faceto-face hearings that can be held in the courts.
Policy Impact Main effort has been focussed on the impacts of CV 19 for the profession and for the rule of law. TLS has continued to address the urgent issues, as well as looking forward to the longer-term impacts on members, their businesses, access to justice and the rule of law. TLS business support work has focused on the accessibility of existing support measures for members and the need for additional measures to help members, not only to manage cashflow, but also reduce costs and/or supplement income. Successes include establishment of the part-time furlough scheme and extension of the period for which the furlough scheme will run. TLS has produced and contributed to guidance to support members with many aspects of running their business during the pandemic, including guidance on the return to the office and virtual execution. TLS continues to press government for measures to help the longer-term recovery of the legal services sector. TLS is particularly concerned about the impact of the pandemic on the Legal Aid system and TLS has been pressing for urgent support for the sector, as well as progress on longer-term sustainability. TLS has contributed to several inquiries on the impact for the rule of law and access to justice, including the Women and Equalities Committee work regarding the impact on people with particular protected characteristics. TLS is seeking to influence the Government’s evaluation of remote hearings, with a view to shaping future policy in this regard. In addition to TLS CV19 work, work on regulatory matters has continued, including influencing in relation to the SQE, engaging on the proposed economic crime levy, responding to publication of the Mayson report, and preparing to engage on the LSB’s three-year strategy.
Strategic Insight and Influence Work is focussed on the priorities established by Council in last year’s business planning process. Plans were created to prioritise eight themes of work: (1) Access to Justice and the Rule of Law (2) Role of the Profession, Reputation (3) Technology (4) Civil Justice (5)
Suffolk & North Essex Law Society
My Law Society (MLS) and practice notes launched in beta in late May. This is currently being tested with members and was fully launched in early July. TLS plans to encourage existing MLS account holders to set a new password. Many existing MLS account holders had not validated their status as a solicitor. The new approach has a much simpler registration journey, so we anticipate generating better data from these members as well as from those signing up to a MLS account for the first time. This data will enable TLS to present tailored content, making sure we show content relevant to members in the future.
Regulation (6) Brexit and the International Rule of Law (7) Role of the Profession, AML (8) Property.
TLS is monitoring the longer-term effects of the pandemic on access to justice and the rule of law, and have so far contributed to inquiries by the Women and Equalities Committee on the impact on people with protected characteristics under the Equality Act, the Housing, Communities and Local Government Committee on homelessness and the private rented sector, and the Joint Committee on Human Rights inquiry on the human rights implications of the Coronavirus Act 2020. TLS has also written to the relevant government departments to clarify the circumstances under which changes to the Mental Health Act 1983 would come into force, and to raise concerns about the stripping back of important safeguards for vulnerable children in the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 TLS has had numerous successes in relation to business support. Government accepted our request for a new loan scheme to be made available for firms whose turnover exceeds £45m and are unable to access the Bank of England CV 19 scheme. In response to TLS lobbying, the British Business Bank reduced its restrictive security criteria by not seeking guarantees for loans less than £250,000 and not taking security over an applicant’s primary residence for larger loans Following TLS representations, we were pleased that the Land Registry announced that it was willing to accept Mercury signatures, and we engaged with the Land Registry, MoJ and SRA on additional guidance to supplement our practice notes on electronic signatures and virtual execution. Roger Buston - TLS Council Member SNELS, Mobile: 07770 305977 email: rbuston@apblaw.co.uk www.snels.org.uk
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Legal Market Overview – September 2020 I last talked about the market in April when firms were still settling into/ struggling to adapt to home working. Since then we have seen things move forward.
Vikki Pratley, non-practicing solicitor
The majority of firms that I talk to are now operating in their offices to some extent. Many have a 20-25% workforce presence at the office, some have just enough staff in to answer the phones and handle the post with all fee earners working from home unless there is a reason to meet people at the office. There has certainly been a shift towards the acceptance of home working and a realisation that output and results are the best indication of dedication and effort. Hopefully we will see a permanent shift away from ‘presenteeism’ (the need to be seen at the office come what may) as the norm. Even if you’re not looking to change roles right now, if you’d like to discuss any change you’d like to see in your career then please do reach out to me or any of the team at Clara Rose Consultancy.
020 3286 7884
What areas are popular? In terms of job roles, we are seeing more and more firms return to recruiting for key roles where they are busy. Interviews both face to face and remotely have resumed as firms push into the future. We are seeing roles in family, employment law, commercial property, litigation and private client and whilst the numbers are not where they were at the early part of the year there are some great options out there. We are also talking to some inhouse organisations who are still doing well within their own industries.
Career Advisor and Performance Coach at Clara Rose Consultancy vikki@clararoseconsultancy.co.uk
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JUNIOR LAWYERS DIVISION
Oliver-James Topping
Chair of the SNEJLD Email: jld.sne@googlemail.com
COMMITTEE UPDATE Since the beginning of 2020, we have increased the numbers on our committee with roles such as sponsorship officer, charity officer and LPC and CILEx representatives being added. The committee have also chosen Lighthouse as the charity we will be supporting and fundraising for this year. Lighthouse provides emotional support to women, young people and children experiencing domestic abuse in the Suffolk area. We are privileged to be able to support such an important charity and are looking forward to building a relationship with them. As a committee, we continue to build relationships with local universities and firms by striving to involve junior and trainee lawyers in our events.
these soon. 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! If you would like to join our mailing list, you can do so by contacting us at jld.sne@googlemail.com. Wellbeing The committee understands that there 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.
UPCOMING EVENTS Careers Talk In January 2020, one of our sponsors, Clara Rose Consultancy, hosted our annual careers talk. The event, held at the University of Suffolk, was well attended by both university students and junior lawyers and the feedback was positive. The event was an evening of two halves. Starting off, Clara Rose provided invaluable insight into the current market for junior lawyers and training contracts across a number of different specialisms. This was followed by Vikki Pratley from Skylark, a health and wellbeing coach providing useful tips on maintaining a healthy and high performing career. Mental wellbeing, particularly in the legal profession, is a hot-topic at the moment and Vikki’s advice was well received. Following the talks, delegates were invited to partake in refreshments provided by the committee at a nearby venue. Again, it was pleasing to see so many of the delegates join in with the social element of the evening. Quiz In July 2020, we hosted our first virtual event, a quiz hosted by QuizQuizQuiz. The event was well attended and it was a great opportunity for members to socialise in the midst of the lockdown. We would like to say a huge thank you to all those who attended and congratulate SEN Legal who were the winners of the quiz.
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No Fault Divorce to be Enshrined in Law have a fundamental right to be sure of the
test can only be to the benefit of children, who
Legislation, now awaiting Royal Assent, for “no fault” divorce has recently been backed by the Commons with a significant majority. The Bill, which when passed will be known as the Divorce, Dissolution and Separation Act 20201 removes the need to find fault in the marriage and allows a statement of “irretrievable breakdown” to suffice. The latter requires currently establishment of one or more of five “facts” – three relate to conduct (adultery, unreasonable behaviour or desertion and two relate to the period of separation; two years if both spouses consent, five years if not) in order to start divorce proceedings. This legislation follows a long campaign by Resolution and other groups, to reform outdated laws (inter alia the Matrimonial Causes Act 1953 and the Civil Partnership Act 2004), which although hotly debated and eruditely analysed2 will help to reduce conflict between separating couples. The current process incentivises one of the spouses to make allegations about the other to avoid waiting for the mandatory twoyear period of separation. This can result in unnecessary conflict, discord and acrimony, which may involve the children of the marriage and damage their chances in life3. The new legislation removes the needs to provide supporting evidence of one or more of the above conduct or separation facts with a statement of irretrievable breakdown. This legislation also removes the ability to contest the divorce. There are many genuine circumstances and reasons for an irretrievable breakdown to occur between two people and this may on occasion relate to the biological identity of a child with respect to paternity. On occasion of course, fabricated accusations of adultery may weaponise the biological identity of the children, and under current law, this might be used as a tactic to accelerate the divorce process. For example, there may be the accusation that the
Untitled-3 1
man is not the father of the child or that he has been unfaithful and fathered a child outside of the marriage. Both of course relate to the matter of trust, which can easy easily be assumed or earned, but when lost, is impossible to regain – once the spectre of paternity has been raised, it is impossible to reverse and constantly raises its head at a time when the best interests of the child should be foremost. The debate in the Lords was fascinating4. Fortunately, the availability of DNA testing for paternity (or other biological relationship such as siblingship) is one of the few areas in divorce proceedings where unequivocal evidence can be obtained to support the case. If the parentage of a child is at issue, then a DNA test becomes a vital piece of information to help alleviate either genuine or vexatious claims and minimise any harm to children from the break-up, whether this is under either the current or the new legislation. Indeed, a DNA
identity of their biological father, irrespective of circumstances. Any DNA test should be conducted by a Ministry of Justice accredited provider (such as ourselves) and if you have such a case, please contact us, we are highly experienced and would be happy to help! legislation allows for the child to obtain information on their biological parentage. We will discuss these points in the next article and by then, we will hopefully have the judgement on TT vs YY. About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969”. Please see: http://www.dadcheckgold.com. Tel: 0191 543 6334, e-mail sales@dadcheckgold. 1, https://publications.parliament.uk/pa/bills/ cbill/58-01/0125/20125.pdf 2, https://services.parliament.uk/Bills/2019-21/ divorcedissolutionandseparation/documents.html and the Impact statement from the Ministry of Justice https://publications.parliament.uk/pa/bills/ cbill/58-01/0125/Impact%20Assessment%20 -%20Divorce%20Bill.pdf paragraphs 67-69 inclusive. 3, https://acamh.onlinelibrary.wiley.com/doi/ epdf/10.1111/jcpp.12893 4, https://www.theyworkforyou.com/lords/?id=2020- 03-17a.1390.2
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Will adoption of technology in the conveyancing sector speed up following the lockdown? Although the conveyancing industry has been steadily evolving in terms of technology, it is still viewed by many as being “behind the curve” and not in step with the increasingly digital demands of today’s society. Earlier this year the Council for Licensed Conveyancers released a paper suggesting the conveyancing process will be completely digital by 2030, but it’s fair to say that the current homebuyer perception is of a slow and manual process with multiple stakeholders all requiring separate management, rather than of one integrated process. Right now with many staff having been on furlough and the necessity of working from our homes, conveyancers have had to rely more on more on technology to fill the gaps. Can we expect this to continue as business begins to get back to normal?
The benefits of technology New technology offers many advantages to the conveyancer. Benefits include the completion of manual tasks within a fraction of the time usually required, greater accuracy and elimination of the need to repeatedly supply the same information, improved transparency and a compliant audit train. Technology can be used to automate the more routine tasks providing a greater level of accuracy. For example, over recent years we have seen the automation of a number of conveyancing processes. It’s very easy to complete a digital AML check and the stamp duty (SDLT) process has been fully-automated. These online services provide a speedy alternative to conveyancing teams, reducing error and providing a full audit trail. This allows conveyancers more time to focus on the more complex and specialist areas of the conveyancing process.
Has anything changed during the lockdown? There are a few positive examples of how further progress has been made in recent months. The Land
Registry now accepts (temporarily) virtual signing on deeds and has brought in more flexible procedures for identity verification, estate agents are offering virtual viewings and many of the search providers are offering services to support conveyancers during this lockdown. There are also other technologies being explored such as live chat and chatbot options to provide great customer service at a distance.
What can we expect next? Other developments supporting distanced (and more efficient) working are already in the pipeline… for example, the Land Registry (along with the Law Society, Council for Licensed Conveyancers and Chartered Institute of Legal Executives) is working hard to improve cryptographic and biometric checking of identity. Only time will tell, but having got to grips with online documents and checking, it could be an ideal time for the conveyancing industry to embrace the next steps to moving online. Recent technical developments to support traditional conveyancing processes may be more-readily adopted in an industry that’s already changed its working practices in light of our current circumstances
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Suffolk Law Centre has announced a three-point expansion in the depth and reach of its Housing Legal Aid service, which supports some of the most vulnerable citizens across Suffolk and north Essex. Firstly, James Hanlon, who has been working for the service since September last year, has now qualified a Legal Aid Housing Supervisor for Legal Aid work, under the supervision of Hackney Law Centre. Secondly, the SLC has secured funding to recruit a Legal Aid housing caseworker to assist James manage the likely growth in casework which is anticipated once the ban on private sector evictions is lifted from 20th September this year. Thirdly, the SLC has won a contract to run the duty housing legal aid scheme at Bury St. Edmunds County Court. This will allow the service to be based in the court building itself and directly help people facing housing issues who have no legal representation, just as they have been doing at Ipswich County Court.
Suffolk & North Essex Law Society
Investment by Suffolk Law Centre in much-needed specialist legal expertise offers real hope to more local people than ever before who are or might be facing eviction from their homes. “Landlords in the UK have more power than their equivalents in most other European Union countries, including what are called section 21 evictions which allow landlords to take proceedings against tenants without having to provide a reason for so doing.” Prior to the lockdown, James reported that most of the cases the service dealt with came from north Essex, Ipswich and Lowestoft, but he is anticipating that more issues will emerge from west Suffolk once landlords are allowed to start eviction proceedings once again.
(Suffolk Law Advice Clinics & Tackling Discrimination in the East)
ISCRE - 46a St Matthews Street, Ipswich Suffolk IP1 3EP Tel: 01473 408 111 Fax: 08723529201 web: www.iscre.org.uk
Between September 2019, when he started working for the SLC, up to the COVID-19 lockdown in March, James had been working on over 90 housing matter enquiries of which 54 matters attracted Legal Aid funding. Since the lockdown and the supposed ban on landlords being able to evict tenants, the service has been comparatively quiet, allowing the SLC to focus on its expansion plans ahead of the ban being lifted. Initially, this was scheduled for 24th August but pressure from housing and legal charities late last week persuaded the Government to extend it by a month. Housing charity Shelter estimates that nationally, in spite of the ban, 58,000 private sector tenants were in fact evicted during the lockdown and another 174,000 had been warned by their landlords that they were facing evictions.
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The District Councils Network believes that up to half a million people may be in danger of losing their homes once the ban is lifted. James Hanlon said: “We could be facing an avalanche of homelessness in the autumn due to the backlog of eviction cases. Usually, it’s a David and Goliath fight between tenants and their landlords, which is why the service we provide is so important in levelling the playing field.
Clarke & Simpson Auction Centre, Campsea Ashe, Nr Wickham Market, Suffolk IP13 0PS t: 01728 746323
www.clarkeandsimpson.co.uk
CandSAuctions
@CandSAuctions
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– the largest source of voluntary income – brings a beacon of hope that has never been more needed.
Growing appetite for charitable Will-writing
Why the surge in demand for Will-writing could be instrumental to the charity sector’s recovery
by Rob Cope
It’s hard to imagine life in the UK without access to emergency services like air ambulances and lifeguards, hospices and NHS charities, not to mention food and sanitation supplies for those living in isolation during lockdown. But the coronavirus has had a devastating impact on charities and that puts the future of such vital services in peril. Against this backdrop, charitable bequests have a critical role to play in the nation’s future. In time of crisis, it is legacy donations – many of which were pledged years or even decades previously – that have the potential to sustain charities and frontline services over the long-term. And, with the Law Society, solicitors and charities all reporting a marked increase in demand for Wills, this could yet be a crucial silver lining, helping to reduce intestacy and encourage the public to consider how they wish to benefit family, friends and good causes once they are gone.
Critical income shortage A doubled-edged sword for charities, the coronavirus has thrust the UK charity sector into a heavy funding shortfall, while bringing about a spike in demand for services. For weeks on end, charities’ ability to fundraise has been hugely compromised, with sector studies projecting income losses well over £4 billion1. While the public’s gifts in Wills may be a saving grace, they are by no means immune. Legal advisers will recognise the difficulty in witnessing Wills and completing estates during lockdown, meaning that very little funding from bequests has made it through to intended charities’ accounts, stalling cash flow. Charitable estates are likely to have lost value with the stocks, shares and property markets all taking a heavy hit, but charities recognise that supporters’ bequests will filter through down the line. We just have to hope that donations can be processed as swiftly as possible, minimising disruption to frontline services. There’s no doubt about it, it’s been an incredibly tough period for charities. But, reports of a peak interest in charitable Wills
1 Institute of Fundraising, Charity Finance Group, NCVO (2020) 2 One Poll (2019) 3 Behavioural Insights Team (2013)
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Just the other day a fundraiser told me that his charity – a small organisation – had taken more Will-writing enquiries during one week in April than over the past twenty years. One well-known charity reported an 80% increase in web traffic to the charity’s legacy giving pages in the first week of lockdown and twice as many people are currently visiting Remember A Charity’s ‘Making A Will’ page as would do normally. As is so often the case in times of crisis, the global pandemic has brought people together, motivating them to think about what really matters to them and what they can do to help. The public’s appetite for charitable giving and helping communities around them seems to be at a record high. But, could this rise in demand for charitable Will-writing really help charities recover from such hefty losses? When you consider that, although 40% of the over 40s2 say they would be happy to leave a gift in their Will but that, currently, only around 6% of people that die do so, there is a massive disconnect here. Legacy donations raise over £3 billion for charities in this country annually – a phenomenal sum. So, even just a small increase in the proportion of people choosing to give in this way could make a considerable difference to charities’ income.
Importance of Will-writing advice Solicitors and Will-writers have a critical role in ensuring that every client understands that they have the option of donating from their Will, after taking care of their family and friends. These conversations really help to break down myths that a legacy donation doesn’t have to be large sum – every gift matters - and that it can include absolutely any charity or community organisation, as well as their loved ones. Studies show that even the simplest reference by solicitors to the option of including a donation can make a huge difference to the number of people that choose to leave a bequest. So, we’re asking legal advisers across the country to raise the topic with Will-writing clients and join our network of campaign supporters and web listing of legal advisers for legacy giving. If charities and the legal sector can build on this uplift in demand for Will-writing, ensuring every conversation end of life planning includes a reference to the opportunity of leaving a charitable bequest3, I believe that this could be a pivotal opportunity to secure the future of vital services, while ensuring the public’s final wishes are met.
Find out more about becoming a Campaign Supporter at www.rememberacharity.org.uk. Rob is the director of Remember A Charity. He has overseen a growing and vibrant consortium over the past five years, developing partnerships with government and the private sector. He was previously deputy director of marketing and communications at The Prince’s Trust, including the youth charity’s 30th birthday appeal. Rob is a board director of Relief International and a keen runner.
Heartbeat Homes For Horses Ltd Providing Life for horses needing a home HEARTBEAT HORSES ARE OFTEN TALLER BREEDS We can provide large Paddocks so Heartbeat horses can retire in herds. We also offer a large American style barn with comfortable stabling.
HEARTBEAT WILL NOT PUT A HEALTHY HORSE TO SLEEP Heartbeat provides a comfortable and relaxed home for as long as the horse is in good health and not in any pain.
YOUR LEGACY LARGE OR SMALL WILL MAKE A HUGE DIFFERENCE Every pound is life changing for our Heartbeat horses, so any donation will be gratefully received.
Suffolk & North Essex Law Society
OUR AIM The Heartbeat Home for Horses Limited is a registered charity, whose aim is to care for horses who otherwise may face an uncertain future. Heartbeat provides a lifeline for homeless animals, allowing them to relax in comfortable surroundings in retirement, with lots of tender loving care.
To make a donation please contact us at: E: info@heartbeathorses.org Tel: 01394 775 495 Heartbeat Homes for Horses Ltd, Sink Farm, St David’s Lane, Company Number: 5192509 Hollesley, Suffolk, IP12 3JR Registered Charity Number: 1106722
We always have lovely cats looking for loving homes. We rescue 200–300 cats every year. No cat is euthanased except on veterinary advice. We feed the cats a variety of wet food and biscuits and they are kept in heated accommodation, either in large individual pens or a shared area with an outside compound for exercise. Please leave us a gift in your will. Friars Orchard, The Street, Little Whelnetham IP30 0UH Bury St Edmunds
01284 388455
www.burystraycatfund.co.uk www.snels.org.uk
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WE MADE A PACT TO HELP ANIMALS I N 1995 A SMALL GROUP OF DEDICATED PEOPLE WITH AN ENORMOUS LOVE AND RESPECT FOR ANIMALS MADE A PACT TO HELP THEM. THEY SET ABOUT THE TASK OF RESCUE, REHABILITATION AND THE REHOMING OF THE UNWANTED AND ABUSED IN NORFOLK. NOW IN 2016 PACT IS THE LARGEST ‘ALL ANIMAL’ SANCTUARY IN EAST ANGLIA. PACT NOW CARES FOR OVER 1400 ANIMALS IN THE SANCTUARY AND IN 2015 MADE A DIFFERENCE TO ANOTHER 2200 LIVES OF ALL SPECIES HALF WERE WILDLIFE INCLUDING 580 BIRDS AND 550 HEDGEHOGS.
PLEASE WILL YOU NOW MAKE A PACT TO HELP ANIMALS WITH A LEGACY TO PACT? T he P ACT is als o be twe e n anim als and pe o ple as T he H e nry H allam T he rapy Ce ntre at the s anc tuary is de dic ate d f o r dis able d pe o ple and tho s e with e mo tio nal and le arning dif f ic ultie s to be ne f it f ro m a s anc tuary whe re the y c an inte rac t with anim als , and g ain o r re g ain c o nf ide nc e and s e lf - re s pe c t witho ut the ne c e s s ity o f c o m ing into c o ntac t with many pe o ple . P ACT is als o ac kno wle dg e d to be t he be s t training g ro und f o r s tude nts o f anim al we lf are in the c o unty and e ac h y e ar we g ive wo rk e xpe rie nc e to 80 s tude nts f ro m lo c al s c ho o ls and ag ric ultural c o lle g e s .
PACT HAS A STRICT ‘NO KILL’ POLICY AND TRIES NEVER TO TURN AN ANIMAL AWAY BUT THE PRESENT FINANCIAL CLIMATE IS SUCH THAT WE ARE FULL AND THE ANIMALS DESPERATELY NEED YOUR HELP.
PACT ANIMAL SANCTUARY PEOPLE FOR ANIMAL CARE TRUST (PACT) RIVER FARM WOODRISING, HINGHAM, NORFOLK NR9 4PJ CHARITY REGISTRATION NUMBER 1154444 TELEPHONE 01362 820775 www.pactsanctuary.org
Suffolk’s Owls. Broken, battered and bewildered. Suffolk & North Essex Law Society
EXPERT ASSISTIVE TECHNOLOGY AND DISABILITY REPORTS FOR:
Personal Injury Clinical Negligence Industrial Injury
Every year the Suffolk Owl Sanctuary at Stonham Aspal cares for a wide range of wild owls and other birds of prey suffering from a variety of injuries, ailments and traumas. Our mission is to get them back into the wild, fit & flying free. Please make a donation to the cost of maintaining the Suffolk Owl Sanctuary and the specialised hospital, rest and recuperation services we provide for our native wildlife. A gift in your Will can make all the difference to our helping those who cannot help themselves. Thank you. For more information please contact: The General Manager Suffolk Owl Sanctuary Stonham Aspal Suffolk IP14 6AT Tel: 0345 680 7897 • www.owl-help.org.uk
Martyn Slyper IT DISABLILTY EXPERTS T: 020 8386 0379 M: 07956 216 254 E: enquiries@it-disability-experts.co.uk www.it-disability-experts.co.uk
ITDE Quarter Page.indd 1
The Suffolk Punch Trust is a registered charity, whose aim is to promote and breed the critically endangered Suffolk Punch horse. The Suffolk Punch Trust was founded in 2002 to save the historic Hollesley Bay Colony Stud. The Stud brought a rich legacy of equine and agricultural history that deserves to be saved for future generations to enjoy.
The Suffolk Punch horse is the oldest English breed of working horse. The breed dates from the 16th century, but all animals alive today can be traced back to one stallion, called Crisp’s Horse of Ufford, born in 1768.
01/06/2020 19:27
We are here to help save this Please help us to save our iconic breed facing extinction Suffolks. through our established breeding Your legacy large or small will programme, raising public aware- make such a difference to secure ness and training a new genera- our horses future. tion of professionals to work with this breed.
The Suffolk horse was developed This breed has proven to be very for farm work and gained versatile and is often used for popularity during the early 20th forestry and ridden work. Century. As agriculture became mechanised, the numbers fell and almost disappeared completely.
To make a donation please contact us at: The Suffolk Punch Trust, Sink Farm, St David’s Lane, Hollesley, Woodbridge, Suffolk, IP12 3JR
Email: info@suffolkpunchtrust.org Tel: 01394 411327 Registered Charity Number: 1100596 Web: www.suffolkpunchtrust.co.uk
www.snels.org.uk
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Suffolk & North Essex Law Society
PLO/PRO Report WEBSITE
Over the past year the website has been worked and improved. There is still more to be done with this. Updates to the website will take place following the AGM. If anyone would like anything added to the website or their details have changed please contact louise.goodenough@haywards-solicitors.co.uk or snels@topcopysec.co.uk
SNELS profile still to be set up. This will be on the next Agenda item to see if Council thinks it is worth having.
DVP SEMINAR Postponed due C19. To discuss with Council if Zoom seminar an option.
PRESIDENT’S ANNUAL DINNER Usually I would be reporting when the President’s Annual Dinner would be taking place, starting to get sponsors to finalise their support and promoting our favourite event of the year. However, due to C19 this has obviously been postponed and is due to take place next April (fingers crossed!) Sponsorship and promotion will therefore take place following the Council’s January meeting.
TWITTER we now have a blog account on twitter running alongside the official Twitter account called @SNELSbulletin. Please continue to contribute to these.
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A big thank you to Matthew Cameron who has had an unprecedented year of being SNELS President serving extra time! A big welcome to Chris Andrews as the new President following the AGM. Here’s hoping for a calmer and fun filled 2021! Please keep an eye on our website and twitter for events happening in 2021. All training and events can be found on our newly launched website www.snels.org.uk and twitter @SNELS_UK.
Louise Goodenough PLO/PRO Officer
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Navigating the evolving landscape of Professional Indemnity Insurance Suffolk & North Essex Law Society
by Brian Boehmer
To navigate the challenges of a hardening insurance market, law firms should now start prioritising the preparation of a high-quality Professional Indemnity Insurance (PII) submission ahead of the coming renewal period. The insurance market has been awash with capital, leading to increased competition for business and a subsequent suppression of the rates insurers could charge. This has resulted in unsustainably low premiums compared to the claim payments being made by insurers, but sadly times are changing. Claims activity has been the main catalyst for the significantly changing market conditions that we are experiencing. While frequency of claims has remained fairly consistent, severity of claims (the total value of losses experienced) has reached unprecedented levels. We believe that the recent spring renewal period showed us what to expect going into August and September. Analysis of insight and trends from Lockton’s portfolio indicates increased premiums within all layers but especially the working layer (the excess layer above your compulsory Insurance limit) where there is a lack of insurer options. With many primary insurers reluctant to offer longterm policy periods and those that did offer extended policies tended to apply an increase for the additional periods. It is important to highlight, that the Insurance market conditions were hardening well before the Covid-19 outbreak. We believe this process is now likely to accelerate due to the pandemic, leading to a further hardening market. While the sourcing of coverage may become more difficult for law firms, the legal profession in England and Wales is fortunately not experiencing reduced coverage as practices are protected by the Solicitors Regulation Authority’s Minimum Terms and Conditions wording.
What to expect in the coming months We expect underwriters to adopt an even greater level of caution when they review enquiries in the forthcoming renewal season. Peer reviews will be conducted as standard, certainly when insurers are assessing new enquiries and regardless of the size of a practice and the proposed premium to be charged. More questions, including those related to Covid-19, will be posed and responses will therefore need to be reviewed by at least one other underwriter. This means the process of obtaining terms may take longer, especially considering most insurers will be working remotely. Some insurers have already released early question sets relating to Covid-19, while others are developing supplementary questionnaires. We expect all of these to focus on three key areas: People, Finances and Risk, some of which will naturally interlink.
should not be surprised if they fall into the Extended Policy Period. The insurance market is still active, but it is becoming much more selective. Underwriters cannot return a profit for their organisation if they do not write any business, but they will need greater convincing and will want to align their company’s capital with wellrun firms. At Lockton, it is our job to provide them with the reasons to do so, but legal practices cannot be blasé and we encourage them to approach renewal in the right way. We believe taking these three key steps will help practices navigate the challenges ahead: 1. Start early – While we would expect insurers to prioritise their existing clients, it is still important that you prepare your presentation earlier than in previous years. We recommend having your presentation prepared at least two months in advance of your renewal date as the process will generally take longer. 2.
Prepare a quality presentation for insurers’ consideration – this will help you stand out from the crowd. Make sure all the questions in the proposal form are sufficiently answered. Time will be limited so expect insurers to make a quick decision and potentially not offer any terms if your presentation is missing key information or if it is poorly presented.
3. Select your representative carefully and do not approach multiple agents as you will actually be doing your professional peers – and yourself - a disservice. You may wish to consider the following key elements when selecting your representative: •
What is their market reach - which insurers can the broker access DIRECTLY for you? Speaking directly to an insurer will help speed up the process and means your key message does not get diluted or misinterpreted.
• What is the experience and size of their team? • What is the extent of their service proposition? • What is their claims infrastructure? While no one wants to have claims, you should know if your representative has the resources to support you when needed. Once you have selected your representative, ensure you establish an action plan with your broker which covers who they will be approaching directly and the anticipated timeline for responses. To find out how Lockton can assist you with your forthcoming renewal, please do contact me or one of the Lockton Solicitors team. We would be delighted to hear from you. The Lockton Solicitors team who will be very happy to help.
Navigating the challenges Although the insurance market has adapted well to the ‘new normal’, some things are naturally taking a little longer than they would have done previously. As mentioned, a combination of the hardening market, increased peer reviews and greater caution from underwriters has made it more difficult to obtain insurance terms. This means those firms that are traditionally ‘last minute shoppers’ and which provide minimum information to insurers
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Brian Boehmer, Partner Lockton Companies LLP T: 0207 933 2083 E: brian.boehmer@uk.lockton.com
Suffolk & North Essex Law Society
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Get in touch with a member of the Lockton Solicitors team, to explore your options for your PII Renewal.
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New SRA Accounts Rules – Where are we now?
Suffolk & North Essex Law Society
by Jordan Guymer
Monday 25 November 2019 saw the long awaited implementation of the updated Solicitors Accounts Rules. The new rules at their core continue to focus on keeping client money safe, but there is more onus on the individual practices to set out their own procedures, time scales and controls in order to do so. Largely, the SRA expects that firms that were compliant with the old rules will be compliant with the new and this aligns with what we are seeing in the field. There are some new requirements though that are worth revisiting: For matters where the solicitor operates a client’s own account, bank reconciliations must be carried out at least five weekly. This suggests that ledger records must now be maintained for these bank accounts. Guidance from the SRA* acknowledged that this is not practical for all firms and that they could instead maintain a central register of such accounts, a separate record of the transactions carried out in respect of the client’s own account, and a record of the bills relating to that client’s matter in order to avoid a breach. The new rules also no longer specify the exact time limit in which funds should be transferred to office in payment of bills (previously within 14 days). Similarly, there is no longer a prescribed amount of time to deposit client funds into the
client account (previously by the next working day). Instead, the rules say it should be done “promptly.” Firms are therefore encouraged to set out and document their own time frames in their internal policies and procedures documents. This allows firms to set time limits that fit the needs of their business, whilst ensuring client money is protected. It is also now mandatory for bank reconciliations to be signed off by the COFA, and there is no longer a distinction made between professional and other disbursements. Under the old rules, firms could transfer funds from the client account to reimburse the firm for paid or incurred disbursements. Now a bill or ‘other written notification of costs’ must be raised before this transfer is made. Firms need to consider their documentation to ensure that they keep cashflow flowing, without falling foul of the new rules. Any firms that still need help with the new rules and drafting of policies ought to find there is now a better understanding amongst both their peers and professional advisers.
* https://www.sra.org.uk/solicitors/guidance/ethics-guidance/ clients-own-account/
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Software swap guide: Suffolk & North Essex Law Society
four tips to protecting your data
By Julian Bryan, Managing Director, Quill
The COVID-19 lockdown has forced all of us to be more reliant on technology and embrace working from home. But many legacy IT infrastructures are ill-suited or too outdated to handle all the demands of remote working. Cloud-based software is the solution, but where to start? Read on for four important considerations before making the software switch:
1. Getting your data back – it’s your right
Lots of variables should be considered before you commit to upgrading or swapping software. Not least your data; of which you store vast quantities. Your law practice stores a plethora of important documentation, such as contact, identity, matter and financial – all of which must be handled carefully. Unfortunately, some providers make it as difficult as possible for clients to migrate their data. And yet, this data is not theirs to hold - it belongs to you. This is unethical as well as being the worst type of client retention strategy there is! You don’t want this to happen to you, especially if you discover the truth about locked data at the time you wish to leave. You shouldn’t be denied access to your own property and your supplier has a duty to act as the custodian, not owner, of your data. Enquire about assistance with data extraction upfront. It’s not unreasonable to pay a fee for the service of delivering your data but it should be timely. Additionally, once the migration has taken place, your supplier should delete your data from their stores otherwise both parties (you and your supplier) will fall foul of data protection rules; the Data Protection Act 2018 and GDPR amongst them.
2. Rigorously safeguard your data
With the onset of stricter data protection rules and existing regulatory obligations comes more onerous duties. Heavier too are the fines imposed for non-compliance - both parties could be blamed for any data breach. Glance at legal news headlines and you’ll see that leaked data can and does happen. Your software supplier must follow the right procedures in safeguarding your valuable data. Check for accreditations which evidence sufficient cyber security standards; primarily ISO and Cyber Essentials certification. Reputable organisations undergo rigorous annual re-certification processes in order to gain these quality marks, so make sure your new supplier carries these endorsements. As standard, your supplier’s security protocol should include at least the following measures: •
password access
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SSL encryption
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firewalls
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penetration testing
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system monitoring
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replication
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physical security measures
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other industrial-strength security protocols
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robust BCDR plans for further reinforcement
3. Negotiate the best possible contract terms We’ve already covered data export but what about your overall exit strategy? Don’t be rushed into signing contracts without poring over this legally binding agreement. It’s the small print that often causes problems. If your supplier is forcefully requesting your signature and you feel pressured to commit against your will, alarm bells should be ringing.
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4. Ensure Legal Software Suppliers Association (LSSA) membership The LSSA is the UK body for legal software developers and vendors whose aim is to set and maintain professional standards within the sector. The LSSA’s sets out recommendations relating to data conversion such as extracting data in an industry-standard format within a reasonable timeframe, exporting associated case-related documents, generating reports on current data, supporting trial conversions through mutual supplier cooperation, transforming data to accommodate subtle differences between databases and checking data integrity once converted with any requisite correctional activity. LSSA membership is confirmation that you’ll be well looked after at all stages of the customer lifecycle from acquisition to termination. Suppliers not adhering to the LSSA’s standards stand to lose their LSSA accreditation completely. You should apply extreme caution when dealing with companies whose reputation is questionable.
Summary:
Hopefully our tips will help you easily and painlessly switch to another supplier. Remember that you are responsible for safeguarding your data and the best way to do this is to find a reputable and trustworthy software vendor right at the outset. Use this guide as a starting point, supplement with other pressing questions of your own and you should be well on your way to putting into place your optimal IT set up to cope with COVID challenges and into the future.
Get in touch with Quill today. Email info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk.
Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.
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