Council Member’s Report

Report from Law Society Council Member and Vice President – Lubna Shuja

The Law Society Council met recently on 14 july 2021 and 2 September 2021. i set out below details of the main issues discussed at those meetings together with a brief update on developments since then.

Afghanistan and the Rule of Law The Law Society has been gravely concerned about the situation in Afghanistan, and all those working in the Afghan justice system who now face a potentially difficult future as the Taliban takes power. On 23 August 2021, the Law Society joined G7 bar leaders in urging governments to protect those at risk including human rights defenders, in particular female judges and lawyers in Afghanistan ahead of the G7 meeting on 24 August 2021.

Together with the Bar Council and the Bar Human Rights Committee of England and Wales, the Law Society was especially concerned about the situation of at least 250 women judges in the country who were considered to be at particular risk.

The UK government was urged not to abandon these courageous defenders of the rule of law and to offer evacuation, safety and asylum in the UK to women judges and their families as well as to other members of the Afghan legal profession who were in danger.

Now that British troops have left Afghanistan, it is important that the UK government continues to put pressure on the Taliban to allow safe passage to the UK for those Afghans and British nationals left behind. The Law Society continues to monitor the situation, providing recommendations to the government based on expertise and information from members and the wider international legal community. There is further information on the Law Society website including guidance on how members can offer pro bono support. If you are interested in offering pro bono support to Afghan refugees, please send an email to projecta@ dlapiper.com with ‘Volunteer’ in the subject matter and indicate if there are any times or dates you are not available to offer advice.

The Solicitors indemnity fund Since my last update, you will have no doubt read that the Solicitors Regulation Authority (SRA) has agreed to extend the Solicitors Indemnity Fund (SIF) to 30 September 2022. The SRA now regards post six year run-off cover (PSYROC) as a regulatory issue. It will launch a public consultation on: • whether there is a regulatory place for

PSYROC • evidence of other comparable run-off cover arrangements • finding the right regulatory balance between consumer protection and issues of proportionality, affordability and the wider public interest • the viability of possible options and discretionary uses of the SIF surplus, including the possibility of a hardship fund

I am a member of the Law Society SIF Working Group. We have recently consulted with retired members, local law societies, sole practitioners, small and medium firms and city solicitor groups on their objectives and concerns. We have written a letter to the SRA setting out the issues emerging from these meetings and pointing out the importance of dealing adequately and effectively with the issue of PSYROC for the continued protection of the public and the profession. The SRA’s formal consultation is due to launch immediately after the October PII renewal. There will be a second, more targeted consultation in early 2022. Detailed proposals will be forthcoming in late spring, with a view to implementation by late summer.

The results of the upcoming consultation are likely to influence the PSYROC debate for the foreseeable future. It is therefore essential that all those who have an interest in PSYROC respond to the consultation. I would urge each and every one of you to make sure you engage with this and make your views known.

Probate fees The Ministry of Justice has launched a consultation containing proposals to increase fees for probate applications. The current fees are £155 for professional users and £215 for nonprofessional users. The proposals are for these to change to one single probate fee of £273. The consultation closes on 23 September 2021. The Law Society will be filing a response having obtained feedback from members. Members likely to be affected by the proposals are invited to do the same.

Dispute Resolution The Ministry of Justice has also launched a Call for Evidence on civil dispute resolution. The government is looking particularly at how disputes can be resolved before they get to the litigation stage. It is considering the use of mediation and other forms of ‘alternative dispute resolution’, as well as how new technologies can be used to enhance these processes.

The areas covered are extremely broad – ranging from low value civil disputes all the way up to multi-million pound commercial disputes, as well as family, employment, and everything else in between. The Call for Evidence specifically asked for ‘frontline insights with tangible examples’ and the Law Society sought feedback from members to assist with its response to the consultation. The Solicitors Qualifying examination

On 1 September 2021, the SRA introduced a new route to qualifying as a solicitor - The Solicitors Qualifying Examination (SQE). Under the SQE, candidates will need to complete at least two years full-time (or equivalent) qualifying work experience (QWE). There is a gradual transition from the current system to the SQE system, but it is important that you are fully aware of the changes to routes to qualification. The changes will affect different people in different ways depending on where they are in their journey towards qualified status. There is guidance about the requirements of QWE on the Law Society website at https://www.lawsociety.org.uk/ career-advice/becoming-a-solicitor/solicitorsqualifying-examination-sqe/. Brexit

On 8 September, the Law Society’s Brussels office will meet the head of the UK mission to the European Union, Lindsay Croisdale-Appleby to discuss the high-level, strategic issues relating to the current UK–EU relationship, the operation of the trade and cooperation agreement for legal services and related issues, such as the Lugano and Hague Conventions.

Work in Wales The Law Society’s Wales Office is due to have an introductory meeting with the new Chair of the Senedd’s Legislation, Justice and Constitution (LJC) Committee. At that meeting, the Law Society will highlight problems with access to justice in Wales, including housing advice deserts, criminal legal aid deserts and our work with the new Law Council of Wales.

Following the Senedd election in May this year, the Senedd Committees and its members were established prior to the summer recess. This meeting marks the beginning of the Law Society’s work over the autumn to build and establish relationships with the members of the LJC Committee, and to influence their work as a committee over the next five years.

The Law Society Annual General Meeting – 14 October 2021 The Law Society’s Annual General Meeting is due to take place on Thursday 14 October 2021 at approximately 3pm (tbc). Subject to any change in government advice, the meeting will be a hybrid event allowing members the option to attend in person or remotely. Details are on the Law Society website. I would be delighted if you would be able to join me at that meeting. The Law Society Council elections The Law Society Council elections are currently underway. There are a number of contested seats and if you are eligible to vote, you should have received an email from Civica inviting you to elect your Council representative in an online ballot. Polls remain open until Monday 27 September 2021. The constituencies with contested seats are: • Central Government • Central London • Childcare • Commercial Property • Criminal Prosecution Services • Ethnic Minorities • Hertfordshire and Bedfordshire • Junior Lawyers • Major Corporate • South (postcodes: BH24-25, PO1-17 and

PO30-40, SO, SP 10-11, RG21-29, GU14,

GU30-35 and GU51-52) • Yorkshire

Finally, please do have a look at the Law Society website and register on My Law Society if you have not already done so. This will also enable you to access Law Society Connect which is an online secure private portal for sole practitioners and small firms to network and support each other. Please also follow me on LinkedIn and Twitter (@ lubnashuja) to keep up to date with Law Society work. If you would like any further information on Law Society activities, or wish to discuss any issues affecting sole practitioners, or indeed, if you would like me to raise any matters with the Law Society on your behalf, please do not hesitate to contact me on Lubna.shuja@lawsociety.org.uk or on 07980 725626.

If you are eligible to vote in any of these and have not received an email from Civica inviting you to vote, first check your junk mail, then please contact: councilelections@ lawsociety.org.uk. Please remember to register your address and areas of work/ interest on My Law Society on the Law Society website to make sure that you receive invitations to vote in future elections.

new Deputy vice President I am delighted to inform you that Nick Emmerson is due to become the new Deputy Vice President of the Law Society of England and Wales on 14 October 2021. Nick has been a Law Society Council Member since 2015 as the constituency member for Leeds. He also sits on the Law Society’s Board and Audit Committee. I am looking forward to working with Nick over the next two years.

Lubna Shuja Vice-President of the Law Society of England and Wales SPG Law Society Council Member Member of the Law Society Board