Solo Magazine for the Sole Practitioner's Group, Summer 2021 by EPC Studio

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TO INSPIRE, TO PROMOTE, TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE.

Maintaining healthy boundaries between home and work after Lockdown

solo Summer 2021

In this issue: Comparison and Review Websites You might not think you‘re a director, but... The misuse of Powers of Attorney

contents summer 2021

solo

From the Chairwoman

How healthy is your legal website?

Exec Team Profile: Joanna Connolly

A true story

SPG Executive Committee

Misuse of Powers of Attorney

Comparison & Review Websites

One in five people writing wills now include a charity

Honorary Secretary’s Report Summer 2021

Market conditions, the Summer and beyond

Maintaining healthy boundaries

Anti-money laundering back in the spotlight

A problem for minority shareholders

Outsourced Transcription Providers as a Resource

Council Member’s Report

Why being a good lawyer isn’t enough if you want to

SPG Annual Conference 2021

be successful at the business of law

You might not think you’re a company director, but...

The tech you do need and the one thing you don’t

FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA

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Accounts Tony Kay

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Published Summer 2021

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From the Chairwoman Accelerated Procedure now allows for sensible parties to file agreed directions orders for approval by the District Judge on paper only. On the other hand, some offices have found that working from home has caused communication difficulties particularly with new staff, and there has recently been guidance from the SRA on the difficult problem of supervision of staff and consultants in these circumstances.

Dear Members. I write this as a fully vaccinated and therefore somewhat liberated older person, but in the knowledge that not all members will be as lucky as I am as yet. I hope at all of you will soon benefit from the vaccinations, and if any are hesitating before taking advantage of the process, I do urge you to do so. Of course, there are those whose medical condition may sadly make that impossible, but I do hope that as a whole the UK can reach such a level of vaccination as will allow us to revert to normal social and business practise as soon as possible. Whilst there are criticisms of the government’s handling of the pandemic at the beginning of last year, we seem to be ahead of the game on vaccinations, which is great news for the future of our families and businesses. I write this expecting that this afternoon the lifting of all restrictions scheduled on the 21st of June is likely to be delayed by up to a month, but still optimistic that by the autumn things will be back to normal. Of course, for some people normality will never return, either because they have lost loved ones or they are still suffering from long term conditions as a result and I extend my heartfelt sympathy to all those in that position. And for those of us working in litigation in particular, normality is permanently changed by the rapid development of online and virtual systems for filing documentation and court hearings. Most of us have been saying that the courts could do this for a very long time, but it had previously been refused on the basis of cost. Somehow the money has been found, and we are now working with systems which two years ago would have seemed impossible to hope for. In my own family law practise, we have found in particular first directions appointments by telephone or video systems to be more than adequate, and we are delighted that the

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The SPG has also changed and improved over the pandemic, in particular in the number of webinars either produced by ourselves or sourced from useful third parties, which we have presented online to our members and are now listed on the website. There is a total of 11 webinar recordings now available, and this is going to be a permanent feature of the offering of the SPG for our members in the future. We have been delighted by the response we have had to webinar attendance, on occasion having over 100 people listening to a webinar which was then further downloaded off the website by more interested members. So, we have managed to keep up our participation with you, but there is nothing like a face to face meeting. It is therefore with great delight that I announce that we will be having a live conference at MacDonald Berystede Hotel, Bagshot Road, Sunninghill, Ascot SL5 9JH from the 8th to the 10th of October 2021. Of course, I say that with all fingers and toes firmly crossed, but as I have already said I do hope that the autumn should see such a change in the circumstances that we can be confident that we can once again meet up in person to enjoy the networking, information and fellowship which we missed so badly last year when Malaga had to be cancelled. Please look at the preliminary notice in this magazine, there will be more details as soon as possible. On Wednesday of this week, I am visiting the hotel in order to finalise the arrangements, after which more information will be available. And of course it is my absolute delight to announce that when we have the annual general meeting, Joanna Connolly, my wonderful Vice Chair will take over as Chair of the Group and I have no doubt she will do an excellent job! In spite of the pandemic the executive committee have continued meeting virtually, although we are hoping to have our first live meeting for 15 months in July. The members of the committee have carried on working on your behalf, but we are always looking for new volunteers who might wish to participate as members of the executive committee — and you are invited to attend any executive committee meeting as an onlooker to see whether or not the process might attract you.

Our website, apart from the webinars referred to, is developing constantly as we are updating documentation useful to our members, and I urge you to join the webinar group online so that you can have access to all the information available, and so that we have your updated details and emails circulated do not go astray. During the course of the last few months I have carried on being involved in committee work, and in particular I tended a meeting between the SPG executive representatives and the board of the SRA. This was broad based and clear speaking and it will not surprise you to know that there was significant discussion over the question of the Solicitors Indemnity Fund. I will not attempt to go into that in detail as Clive Sutton our Secretary has been entirely in charge of that matter, and I depend on his expertise in his report to reveal all. We also discussed the issues over the flexibility of practises, including consultants, and freelancers. This was discussed in terms of guidance but also in terms of training and opportunities. As a result, we hosted a webinar run by the SRA on the new Solicitors Qualifying Examination on the 2nd June 2021, discussing the changes in the light of increased flexibility and opportunities for sole practitioners and their staff. In my last report in Solo I announced our pride that one of our Law Society Council members Lubna Shusha had been appointed Deputy Vice President of the Law Society, but since then David Green who was the President has resigned, and that means that Lubna has moved up a notch to become Vice President - all the more congratulations to her and I am sure that she is going to do a wonderful job. Finally, we are coming to LEGALEX 2021 in November. I do hope that this will proceed as a live event this year and I urge you to come along and talk to us, bringing any questions or problems which we may be able to help with or refer you to third parties for a solution. I even hope to be a speaker during the exhibition, with the help of Sukhjit Ahluwalia who is using his expertise to arrange not only our place at the exhibition but also my opportunity for a speaking slot. I wish all of you a happy summer, and look forward to the lifting of the current restrictions so that we can go forward with new and improved systems and hopefully improved and profitable businesses. Penny Raby SPG Chairwoman 2021 – 2022 Please contact me at pennyraby@harmony-house.co.uk

Get to know the Exec Team Joanna Connolly Joanna is well known in courts throughout the country as an expert in the complex field of consumer credit law. As a Solicitor Advocate, with Higher Rights of Audience, Joanna is qualified to represent clients in the Higher Courts of England and Wales. She is highly experienced and passionate about helping people which is reflected in her exceptionally high success rate. Joanna and her dedicated team run a thriving practice where they deal with clients from all over the country and have built a reputation for being the ‘go-to’ consumer credit defence firm in the UK. 1. Why Law? From a young age, I think I had an innate sense of right and wrong. I hate to see injustice, and as a Solicitor, I am now able to both effect change and help people. 2. What is your favourite thing about your career? I love the intellectual challenge, developing new arguments and strategies.

9. What is your signature dish? My signature dish was Pork Fillet with apples and a creamy calvados sauce. My family loved it. 10. What are your hobbies? Reading Judgments! I like reading, music, dancing, cruises (pandemic permitting!)

3. What motivates you? I love my job, helping those who are not in a position to help themselves. 4. What did you want to be when you were a child? I always dreamt of becoming a solicitor 5. What was your first job? My very first ‘job’ was at the age of 6 helping in a small village sweet shop in a village in South Wales called Penmark owned by my friend’s parents. I seem to remember being paid in sherbert fountains, black jacks and milky bars. This is where I developed my sweet tooth. I think employment law has changed a little since then. 6. Who is your hero? Why? Lord Denning. Lord Denning was regarded at the time as being a bit of a maverick because he was more concerned with doing ‘justice according to the parties in a case’ rather than just the pure law. Lord Denning introduced the doctrine of promissory estoppel whereby if a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise and the debtor does rely on it, the debtor may have a defence of promissory estoppels when sued despite the absence of consideration to support it. 7. If you could live anywhere in the world, where would it be? New Zealand. Although I have yet to visit the country, it has always appealed to me. One of these days, I will get there – most likely on a cruise ship. 8. What is your favourite type of music? Who introduced you to it? I like a wide range in music from classical music, rock to Sade and Enya.

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Sole Practitioners Group Executive Committee 2021 Penny Raby Chairwoman and Head of Conference Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and, with Mike, has toured their networking pantomime ‘Snow White and the Seven Small Business People ‘ internationally, including a notable performance at the 2016 SPG Conference in Prague! Tel: 01386 555 114 Email: pennyraby@harmony-house.co.uk Penny Raby & Co, Harmony House, 7-9 Church Street, Pershore, Worcestershire WR10 1DT

Joanna Connolly Vice-Chairwoman Joanna Connolly specialises in the areas of Consumer Credit, Contentious Probate, and Insolvency. Joanna is a solicitor with Higher Rights of Audience who is qualified to represent clients as an Advocate in the higher courts in England and Wales. She was previously Head of Consumer Credit Litigation at MSB Solicitors and has had extensive litigation experience both at County Court and High Court level. Joanna had conduct of the lead Consumer Credit Act High Court case Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) as well as cases in the Court of Appeal. Tel: 0330 053 9340 Email: enquiries@joannaconnollysolicitors.co.uk Joanna Connolly Solicitors, 33 Cheadle Avenue, Liverpool L13 3AE Kem Masinbo-Amobi Honorary Treasurer Kem qualified as a solicitor in November 2002 under the tutelage of Mr Martin Mears (former President of the Law Society). Kem has over sixteen years commercial experience gained in a variety of demanding and challenging environments. Kem’s employment history includes time spent at some of the most prestigious legal firms in Suffolk and Norfolk. A keen gardener, Kem has completed the RHS Level 2 Certificate in Horticulture and her other hobbies include reading, travelling and cooking in true “Nigella” fashion. Tel: 01473 760 046 Email: kem@kmasolicitors.co.uk F: 01473 760 058 KMA Solicitors, Pishon Gold House 12 Old Foundry Road, Ipswich, Suffolk IP4 2AS

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Clive Sutton Honorary Secretary & Council Member Clive specialises in litigation covering most aspects of private and commercial work and has been a sole practitioner in Lymington in Hampshire since leaving a partnership in 1998. His other interests are as Chairman of his local Amenity Society in Lymington and Trustee of the New Forest Centre Museum in Lyndhurst. In the past he has served as Chairman of the local Citizens Advice Bureau and Churchwarden and in the early 70s as a Resident Magistrate in the Seychelles. Clive has been an SPG committee member since 2000 and served as Chairman, and then as Hon Secretary and Chair of the Insurance Subcommittee from 2006. He was on the Law Society Council Membership Committee for 10 years and since 2017 has been the SPG Nominated Law Society Council Member, serving now on the Councils Scrutiny and Performance Committee. Tel: 01590 672 595 Email: solicitor@clive-sutton.co.uk Clive Sutton Solicitor, 3 The Old Print Works 85b High Street, Lymington, Hants SO41 9AN

Sushila Abraham Solicitor Sushila has lived in Surbiton, Surrey for over twenty years. She decided to start her own practice locally because she wanted to offer quality and care to the local community. She also wanted to be free from pressure to overcharge clients in order to meet the profit and billing targets set up by some of the bigger law firms. She is married to Matthew a barrister, and they have one son who has also qualified as a barrister. In addition to being wife and mother, running her practice in Surrey, and her role on the SPG Executive Committee, Sushila is also ‘Cllr Sushila Abraham’, having been elected as Lib-Dem local councillor in the Borough of Kingston in a by-election in February 2013 and then re-elected in May 2014. Sushila was also President of Surrey Law Society and was elected as Law Society Council Member for Surrey. She is also a Board member of the Membership Board at the Law Society and a Trustee of ICLR representing the Law Society. Sushila is a very community minded person and had run cookery classes for local school children, which she called “Suzie’s Kitchen”, believing in the importance of teaching life skills. Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk S Abraham Solicitors 290a Ewell Road, Surbiton Surrey KT6 7AQ

Sukhjit Ahluwalia Head of Marketing Sub-Committee Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal one to one service and believed that this could be best done through his own practice. He has been based in Goodmayes in Ilford since 2003. In his private life, Sukhjit likes to get involved in a number of charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private life or in their professional capacity. Whilst he is quite a shy person, Sukhjit has been part of two documentaries exploring the changes that have taken place in the traditional arranged marriage process. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by. Tel: 020 8215 0884 Email: sukhjit_ahluwalia@ae-law.co.uk Avery Emerson, Gloucester House, 335 Green Lane, Ilford Essex IG3 9TH Moses Ajayi Solicitor Moses was admitted as a Barrister and Solicitor of the Supreme Court of Nigeria in 1987. He has also been admitted as a Solicitor of the Supreme Court of England and Wales. Moses is a Sole practitioner and specialises in Human Rights and Immigration. He is also engaged in general civil and criminal matters on a private fee basis. In his spare time he enjoys sailing and has participated in many sailing events around the world. He also enjoys discovering new places and spending time with his family. Tel: 020 7733 6506 Email: brazenglow@aol.com Slade & Fletcher Solicitors Argyll House, 1A All Saints Passage Wandsworth High Street London SW18 1EP

David Barton Editor of Solo David qualified as a solicitor in 1982. For 20 years he was a partner in a medium-sized mid Kent firm from which he retired in 2003 to start his own practice as a sole practitioner. Since then he has specialised in solicitors’ professional misconduct and criminal road traffic work. In April 2002 David was awarded the Higher Court’s (All Proceedings) Qualification. From 1996 until 2016 David was one of the SRA’s external prosecutors. He also advised and represented solicitors and their firms in regulatory difficulty, and now does that exclusively. David is married with 3 grown up children. He is a keen cyclist, golfer, walker, traveller and reader. Tel: 01580 292409

Email: davidbarton@dblaw.co.uk David Barton Solicitor Advocate Limited Flagstones, Biddenden, Kent TN278JG

Rahil Chaudhuri Solicitor Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and then went on to train and work at some of the most prestigious law firms in the City before joining Arlingsworth in 2005. Rahil is a highly experienced and versatile solicitor and has practiced in the fields of immigration, family, commercial, employment and litigation for the past 20 years. He now specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas. Rahil’s client base spans a wide range of sectors from multinational companies to private individuals. Rahil always works tirelessly to achieve successful results for his clients and he is driven by providing exceptionally high standards of client care. Tel: 01273 696 962 Email: rahil.chaudhuri@arlingsworthlaw.co.uk Arlingsworth Solicitors Ltd, 145 Islingword Road Brighton, East Sussex BN2 9SH

Dorcas Falode Solicitor Dorcas is a Sole practitioner, at home and abroad. She recently celebrated 10 years of being a SP with offices in London and Lagos. She flies in and out of the UK on a regular basis dealing with a variety of cases. She specialises in Immigration Law dealing with entry clearance cases, family reunion, visitors’ and students’ visa applications. The practice also deals with family and education cases, giving a voice to the weak and defenceless. Dorcas is married with four children. When she is not busy attending to clients, she works as a counsellor, nurse, cook, taxi driver, tutor of her four young adults. She loves to travel and finds shopping very therapeutic. Tel: 020 3223 1061 Email: df.solicitors@yahoo.co.uk DF Solicitors, 791 Sidcup Road London SE9 3SB David Hinde Solicitor David is a dispute resolution specialist with over 20 years’ experience dealing with civil and employment law matters. After reading law at the University of London he trained and qualified in the City of London working at leading law firms before starting his own niche practice as a sole practitioner based in Covent Garden. Acting for individuals and SME companies he has dealt with a wide-range of cases ranging from judicial review in the European Court

of Justice to contract and property disputes in the High Court and County Court. He is a member of the Employment Lawyers Association and speaks French. Married with a son who keeps him very busy when not in the office, he is also a school Governor of his local Primary School and enjoys reading, cycling and the cinema. Tel: 020 7112 5209 Email: admin@hinde-law.com Hinde Law Ltd, Carmel House 34 Spitfire Drive, Witney OX29 7BF Hamish McNair SRA Liaison Lead Hamish is based in Fulham, London. Having initially specialised in copyright and trade mark work, both in the City and New York City, his practice now includes conveyancing, wills trusts and probate, as well as litigation. Married with three children, when Hamish is not in the office or involved in SPG matters he enjoys open-air swimming, sailing, overnight bike rides, and also has a passion for the theatre. Tel: 020 7371 7896 Email: hamish.mcnair@mcnairlaw.co.uk McNair & Co, EBC House, Ranelagh Gardens London SW6 3PA Oluwakemi Mosaku Solicitor Kemi was called to the Nigerian Bar as a barrister and solicitor of the Supreme Court of the Federal Republic of Nigeria in 1989 and admitted as a solicitor of the Supreme Court of England and Wales in 2004. She has a varied work experience which includes working in the immigration department of the Home Office, private practice both in legal aid and privately funded matters in the UK. Her last role was head of immigration department in a firm before setting up as a sole practitioner. She specialises in Immigration and Human Rights Law. She also undertakes family law work and landlord and tenants. Outside of work Kemi is a trustee in a thriving charity and enjoys spending time with her three sons. She also enjoys keeping fit, music, networking, reading biographies and current affairs. Tel: 01634 780 230 Email: info@emeraldsolicitors.co.uk Emerald Solicitors, The Old Courthouse, 1 The Paddock, Chatham, Kent ME4 4RE Tahira Shaffi Past-Chairwoman Tahira has been a practicing solicitor for 20 years. She set up as a sole practitioner after being made redundant in 2010. She has found the SPG to be an extremely helpful point of contact on so many issues which are affecting the whole profession whilst paying particular

attention to the needs of Sole Practitioners. Tahira understands that being a sole practitioner can be a lonely experience but networking with like-minded individuals makes all the difference. She is glad that there is an independent body outside of the Law Society that is working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has lots of interests outside of the law including politics. Tahira was previously an LEA school governor and has stood as a candidate in the local elections and is passionate about civic duty and putting something back into the community. It is a lot to juggle with but Tahira is proud of the work of the SPG because she believes in better representation for Sole Practitioners! Tel: 0161 222 6092 Email: info@mikhaellaw.co.uk Mikhael Law, 197 Rochdale Road Bury, Lancs BL9 7BB

Lubna Shuja Council Member Lubna qualified as a solicitor in 1992. She was a partner in a high street firm in West Yorkshire for many years and then started her own practice in Birmingham in 2007 undertaking mediation, family and civil litigation. Lubna became a CEDR accredited Mediator in 2005, and is dual qualified to conduct both Civil and Family mediations. She has done shuttle mediations (where parties prefer not to meet) and also time limited mediations (2-4 hours duration). Lubna is also involved with various regulators and she Chairs a number of Disciplinary/Professional Conduct Committees. She is a Law Society Council member where she represents the interests of sole practitioner, Chair of the Law Society’s Membership and Operations Committee, and she also sits on the Law Society Board. Tel: 0121 551 7866 Email: info@legalswan.com Legal Swan Solicitors, 1st Floor, 168 Hamstead Road, Handsworth, Birmingham B20 2QR Nicholas Woolf International Arm Nick was admitted as a solicitor in 1979 and was a junior partner in two firms in London before starting his own practice in the West End in 1987. In 2011 he moved on to create a niche international commercial and family practice in Chancery Lane. He is a Member of the Solicitors Family Law Association and has trained other professionals on family law matters and anti- money laundering. Nick is married with four children and he has a range of hobbies which include travel, music, tennis, reading and photography. Tel: 020 7242 6018 Email: info@nicholaswoolf.com Nicholas Woolf & Co Solicitors 87 Chancery Lane, London WC2A 1ET

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Comparison and Review Websites The SRA are running trials with some comparison and review websites, and are currently of the opinion that engaging with these types of companies can be beneficial to solicitors and the public alike. Comparison and review websites have grown massively over the last few years, and now cover most consumer products and services, some more successfully than others. If I am looking for a tradesman to do some work in my house or office, I will often turn to a review site, and will likely call a tradesman with positive reviews. I bear in mind that some reviews may have been posted by friends and relatives, others possibly by competitors, but overall, reviews can be extremely helpful in this scenario. Similarly, if I am looking for something like a fridge or washing machine, or a mobile phone contract I would at least check with one or more comparison sites, to check both the product and the supplier, including price and availability etc. I have mixed feelings, however, when it comes to solicitors. I run a practice specialising in consumer credit litigation. I am the only firm I am aware of dedicated to this area of law in the UK, so perhaps my view is not entirely representative, but I will expound anyway: There are a number of comparison and review websites operating in the UK already. The SRA list the following as being part of their ‘pilot scheme’. • • • • • • • • • •

Trustpilot The Law Superstore Review Solicitors Legal Utopia Really Moving REVIEWS.io Solicitor.info Chawker Search4legal Redefine legal

I have checked for my company, to see what is listed on each of these sites, bearing in mind that these are just the ones the SRA has identified. On Trustpilot my company name shows as

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Joannaconnollysolicitors, when it should be Joanna Connolly Solicitors, the address and telephone number are correct. It shows that we have no Trustpilot reviews, which is correct. It categorises us as Legal and Government and states that we claimed the profile in August 2019 both of which are incorrect The Law Superstore website has a number of articles on a range of legal topics, such as divorce, employment etc. It gathers information from the visitor and can send the leads to registered solicitors for them to provide quotes. This is a chargeable service. There does not appear to be any simple ‘Find a solicitor’ option and, the vetting process to become registered is handled by the company themselves.The Law Superstore was taken over by Really Moving in 2017 Pioneering price comparison site Law Superstore taken over | News | Law Gazette Review Solicitors list my firm under the legal entity rather than the trading name, and again have no reviews. Interestingly, Yell rates Review Solicitors as 1* with reviews of the site stating that they accept negative reviews without verification, and then charge £299 per month for the ability to push these down. I have not verified this personally. Trustpilot rate them at 1.7* with 92% of reviews rating them as ‘bad’. Legal Utopia is an app on Apple & Android phones. You can sign up for free, but there are paid options for enhanced content etc. It has a ‘Find a Solicitor’ feature which seems to show all solicitors, although again mine is listed as the legal entity name not the trading name, along with address & telephone number etc. Really Moving specializes in property & conveyancing, and there is a charge to become registered in order to receive leads from the website. As stated above, this company owns The Law Superstore. Reviews.io is another subscription based service which costs from £29 per month to £399 per month.

Reviews can only be posted by invitation, which leaves a question mark as to how representative they are. Solicitor.info is the only site that appears to check the legal ombudsman and SRA disciplinary records in its details on solicitors. It is funded by advertising and lead generation. It also found my firm under the correct name. According to Chalker, there are no solicitors in Liverpool, so I didn’t get very far with that one. Also, there don’t appear to be any reviews of the site itself. Search4legal states clearly that they use SRA data, and the site finds my firm under the nontrading name, but with correct name and address information. There is no information on the site as to who operates it, and there do not appear to be any fees. Redefine legal is no longer in operation, and their website has the following notice: ‘Redefine Legal has been unfairly forced to permanently close.’ So, most of the sites have basic information on solicitors’ firms, probably based largely on the basic SRA data, and then use their own algorithms to rate and categorise solicitors. How accurate is this? On Review Solicitors, for example, there are 206 solicitors in Liverpool, only 63 of whom have reviews and are ranked accordingly. A company called A1 Solicitors, with no reviews would rank 64 out of 206, while a company named Z9 Solicitors, would be ranked 206 out of 206. While it’s reasonable to list solicitors without reviews in alphabetical order, they should not be attaching a ranking for those companies, as this is highly misleading. The same website lists my firm as being 44th out of 71 firms locally and 2,379th out of 3,928 globally in Commercial Property. As I don’t do commercial property, I am not sure where they get these figures from. I am not happy putting my data in the hands of a number of companies, none of whom are regulated. Of course, even if I don’t provide

any information to these companies, they are still allowed to use my data and manipulate it as they wish. These companies are profiting from my data, but I have no say in the matter. Some of the sites attempt to verify the person posting the review, but not all. So should I ensure I am listed with all of these sites? Am I expected to ask my clients to post reviews on all of these websites? Should I be paying fees where applicable to ensure the best ratings? In my case, the answer is no. For one thing, as I specialise in an unusual area of law, these sites are unable to correctly categorise what I do, hence they are unable to match me to appropriate visitors. If I were doing conveyancing, it might be a different matter, as the competition must be significant – but is it feasible to have to work with all of these companies, and is it even possible? Is it reasonable to spend time chasing clients to leave reviews, reviewing the reviews, answering

poor reviews, dealing with the aftermath of negative reviews because a client isn’t happy with the result – where does it end. In many areas of law, there can be a winner and a loser. Litigation is an example, if both sides are represented by solicitors, one side will lose, and generally be less than happy. The same might apply to contentious probate or family and divorce cases. While the client that has lost a case, or not done as well as they would have wished, may appreciate that it is not the lawyer’s fault, that is not always the case. The solicitor could come under fire unfairly. If posted on a review site, the solicitor is bound by client/attorney privilege and thus unable to adequately respond. The client can make accusations which the solicitor is unable to defend. I am not against the idea in principle, quite the opposite, as such a system would undoubtably benefit clients. However, I am not sure I want to join a scheme administered by companies operating for profit, who are neither held to account nor regulated in any way. I would be happier if any scheme were to be developed for the legal

profession by either the SRA or the Law Society. How do the sites rate on comparison and review sites themselves? The answer is almost exclusively badly, although perhaps that is to be expected. Perhaps more interestingly, how does the SRA fare on these sites? On Trustpilot, the only review I could find, the SRA has 1*, with 99% of reviews being bad, which is perhaps an indication of the problems of such systems. Solicitors Regulation Authority Reviews | Read Customer Service Reviews of www. sra.org.uk (trustpilot.com) If you want to have an input to this debate, contact the SRA – there is more information, including videos by the pilot scheme companies on the SRA site SRA | Customer reviews | Solicitors Regulation Authority Joanna Connoly Vice Chair SPG

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Honorary Secretary’s report for Summer 2021

Let’s hope that with a few more delays the pandemic will be over, or manageable with social distancing and possible mask wearing, but that otherwise we will be back to normal and be able to see each other, if not entirely in the flesh, then in person but behind a facemask. Let’s hope that facemasks are not required on the 8 to 10th of October 2021 which is the date now pencilled in for the next SPG Conference and AGM which is to take place near Ascot. Hopefully this will be a central venue which will attract everyone to come to it for both the full conference experience and for day attendance. Penny and her helpers will be providing us with a feast of education and entertainment and I hope we can all get back on track to meet each other again. In the meantime, the SPG has soldiered on with its normal meetings at which I’m back to fulfilling my job as secretary and taking the minutes. However, can I again acknowledge the support of Anika and Sheila as the SPG administrative assistants. This will probably be a shorter report than usual because I will leave space for the much larger Council Members report which Lubna will prepare in her capacity as Vice President of the Law Society. I will tell you now, to save her embarrassment, that although Lubna set out her position as Deputy Vice President as recently as the SOLO winter 2021 edition, things moved quickly after that as the

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president David Greene stepped down because of a professional issue, and that meant that the Vice President Stephanie Boyce moved up to President and Lubna moved up to Vice President. A week in the Law Society is a long time!

President and President. Incidentally there is now a 12 year rule on maximum council membership so that Lubna, in four years, having completed three four-year terms as Council Member will have to stand down.

Lubna has therefore had to accept that her training for President has been compressed considerably but she has risen to the challenge. As things stand Stephanie Boyce will continue as President till October 2022 when Lubna will take over as President. I am sure that will be a very proud moment for members of the Group. I know that Lubna will bring a much-needed breath of fresh air to the office of President and hopefully make it more relatable to its less involved members of the Society.

In the Winter SOLO 2021 report I mentioned the Law Society initiative to investigate the Law Society’s historical connection with the slave trade and colonialism. I have to say that no more reports have been received by the Council Members on this initiative.

Meanwhile the Group continues to improve its status with the Law Society from being a satellite Group to a Group having influence and clout within the Society. The changes that I mentioned in my last report as to the re-election of the Group’s Council Members have come about. As things stand, in a year’s time when the database of sole practitioners can be established to the satisfaction of all parties, all sole practitioners will be balloted for the choice of their sole practitioner members for the two council seats allocated to the Group. In the meantime, however, a peculiar hybrid has been proposed by the Law Society’s Council Membership Committee and agreed recently by Council that whilst the new Council Members should be nominated pending the provision of a database, that nomination should be notified to all members of the relevant Groups allowing all members of any relevant Group to propose themselves for nomination, the nomination be decided by the Executive Committee. Those of you still reading this whilst awake, may wonder how if there is no database, can there be a valid notification to all members of the Group. I can’t answer that. It will be a matter for the Executive Committee to decide on and you may receive notification of the renomination of two members of the Group as Council Members. I trust at least that Lubna will be renominated so that she can continue as Vice

SIF closure The issue that has really exercised myself and Lubna over the last 12 months is the question of the post-six year run-off cover closure of the Solicitors Indemnity Fund. This is something which particularly affects sole practitioners who are not easily able to pass their post-retirement liabilities to another firm, and even if they can they have to rely on that other firm remaining in existence. In the period since I last wrote you it has been established that the Fund operated by the Solicitors Indemnity Fund Ltd under the control of the SRA holds about £33 million of investments of which approximately £10 million is reserved for potential claims. The fund has not declined significantly over the past four years. On that basis the SRA is being lobbied by all parties connected with lawyers, to continue the Fund until a similar formula can be established to use the available funds and to continue the cover on some basis or other. The SRA were to have made a decision on 8 June but have deferred this decision to the week of 14 June and hopefully an updated stop press note can be provided as to the up-to-date position before going to press. I can say that the SPG have felt so strongly about this that they have expended a modest proportion of their assets in obtaining the advice of a QC as to whether a Group such as the SPG could bring a judicial review claim to prevent closure of the fund and the withdrawal of cover.

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The advice is that in principle this could be done and accordingly the Group sent a letter to the SRA and the Legal Services Board referring to the possibility, if not the threat of the judicial review application if the fund was closed at the end of September. And we are just awaiting the next move of the SRA and indeed the Legal Services Board, who we believe would have to give approval for the termination of the Fund. In this we are acting separately to, but in reasonably close cooperation with, the Law Society, and it may be that the Group can provide a vehicle for judicial review into which the Law Society would intervene on behalf of the profession generally. One of the board minutes of the SRA describes

the sort of protection that solicitors require for post-six year run-off claims as “sleep easy protection”. Given the way claims can arise from all sorts of latent risks these days I would describe it as “sleep at all protection”. An interesting statistic is that of run-off claims 90% are within the first six years and therefore 10% within the post-six year period. Because of my position, as involved with insurance on behalf the Group, it has fallen to me to carry out the research and work on this but I am very glad to be supported wholeheartedly by the officers and the majority of the Executive Committee in doing so. I know that Penny has done a lot of separate work as Chairman, and I thank her, as Chairman of the

Group, and Jo Connolly as Vice Chairman, for their support to me as Honorary Secretary and also particular thanks to Lubna for the way in which she and I can cooperate to promote the interests of the Group as Council Members for the Group. Clive Sutton Honorary Secretary August 2019 Stop press. Having drafted this report we have been told on the morning of Tuesday the 15th June that the SRA have agreed in principle to the fund remaining open for a further year. Given the amount of activity that has taken place leading up to this decision, this should lead to a flying start for all parties to agree to long-term solution of post-six year run-off.

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Maintaining healthy boundaries between home and work notorious for struggling to switch off from work and the pandemic has exacerbated that, the boundaries between work and home have become increasingly blurred and many are working longer hours than ever before. It is likely you might be experiencing significant stress at present. Our stress response is designed to be used in short bursts of up to 30-minutes, to escape a threat to survival. A boost of cortisol, adrenalin and noradrenalin gets our heart racing and blood pumping enabling us to escape an animal chasing us, for example. In modern life a wild animal has been replaced by a difficult client, a deadline, an over-flowing inbox but our stress response is the same. And because these threats can often be ongoing, combined with the stresses presented by COVID-19, many are existing in a near constant state of stress, which can lead to an increased risk of burn out. Working long hours? Struggling to sleep? Drinking too much? You’re not alone. At LawCare, the legal mental health charity, we’ve heard from many sole practitioners over the past year or so who have struggled with working at home or remote working, have felt increasingly isolated, worried about their business, trying to spin too many plates with work and home school, and feeling like their whole life has just become about work. Sole practitioners are

As lawyers your greatest asset is your brain, and it is essential you look after and protect your wellbeing in order to do your best work and stay well. It is tempting when we are stressed to bury our head in the sand and do even more work to try and assuage the feeling of panic, but in fact we need to do the opposite – take a break, set in place healthy boundaries between work and life outside of work, teach ourselves to switch off. Here’s some tips to help you regain some balance.

Tips for managing healthy boundaries with work • • • • •

Have two phones and email addresses, one for work, one for private use. NEVER give your client your private mobile number or email address. Take regular breaks, including a lunch break, and try and get out for a walk every day. This may seem impossible but you will do better work if you do this. To avoid overwhelm do one thing at a time and break complex tasks down into manageable chunks. Disable notifications so you can focus. Breathe – if you can feel yourself getting anxious try taking ten deep breaths, inhaling for 5 seconds and exhaling for 10 seconds. It can make you feel calmer. Work sensible hours – you are not doing your best work at 11pm at night. Working longer hours is often counter-productive.

On finishing work for the day • • • •

Write a list of the must-dos for tomorrow each day and leave it where you will see it on return to your desk. Put your work phone and laptop in a drawer and lock it in the evenings and weekends. Pause, reflect for a minute or so and mark the moment you are ending your working day and transitioning to life outside work. If you have an office at home get a black-out blind, pull it down and shut the ‘office’ door when the day is over. If you have an area in a room to work in consider a screen, curtains or something to cover the space. You want to literally block work out. • Announce in your most stentorian voice: ‘The office is now closed’ • Have a shower/bath, put on some music, go for a walk – do something to mark the end of the working day and the start of your evening.

If you are struggling • It’s easy to let healthy habits slip when we are at stressed but make sure you eat well, get to bed at a reasonable time and find time to do some exercise. These are essential basic requirements of staying mentally healthy. • Take some time off work. Most of us are exhausted from carrying the emotional load of the last few months - we all need time to rest, relax, recuperate and reset and something to look forward to. • Talk to someone. Talking your problems through makes a real difference and provides reassurance you are not alone. Contact the free, independent and confidential LawCare support service on 0800 279 6888, email support@lawcare.org.uk or visit www.lawcare.org.uk • Make an appointment with your GP

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A problem for minority shareholders at the relevant date. M’s shares were worth, on a pro rata basis, £545,000. The minority discount should be 55% resulting in a figure of £245,000. G offered M £245,000 in his Defence. M refused the offer.

The provision of a shareholders agreement may well have changed matters. A shareholders agreement, although not necessarily a constitutional document is a factor likely to have been taken into account and minority protection may have been secured.

The Court’s Decision

The case of Euro Accessories Limited [2021] recently heard in the High Court highlights the lack of protection minority shareholders can have. It is also a salutary reminder that the provisions in the Articles of Association of a company should be precisely drawn and preferably together with a suitable shareholders agreement, if minority rights are to be protected. The Facts The company was incorporated by G on 15th September 2000. M joined the company in 2003 as a sales representative. On 22nd February 2008, G voluntarily transferred 24.99% of the then issued share capital of the company to M. On or about January 2010 the relationship between M and G broke down and on 31st January M tended his resignation to the company. Negotiations in respect of the purchase of M’s shares broke down. G then used his 75.01% share to pass special resolutions amending the Articles of Association of the company. The effect of the amendments were that M was obliged to transfer his shares to G at G’s option. The consideration for the sale of shares on the exercise of the option was to be for a “fair value”. The transfer date was at G’s option. After the Articles had been adopted, G wrote to M giving him notice that he wished to exercise the option to purchase all his shares at value of £175,000. M refused. The parties jointly instructed a chartered accountant to value the company and to report on the discount to be applied, if appropriate, and to the value of M’s shares on a discounted basis, to reflect his minority holding. The chartered accountant concluded the company was worth £2.8 million

The Court concluded to determine the true meaning of “fair value” it should restrict itself only to reading the Articles of Association. Extrinsic factors could not be taken into account unless there were indications to the contrary in the Articles. It followed that the relationship of the parties and the circumstances surrounding the background to the dispute and the adoption of the new Articles were inadmissible. In the absence of contrary indication (in the Articles) the transferor M, could not insist on payment which the shares did not entitle him to and he did not own. M was restricted to the value of the property to be transferred not a proportionate part of the controlling stake or a pro rata value of the company or its assets. The Judge made a declaration to the effect that consideration of £245,000 would have represented a fair value of M’s shares in the company for the purpose of the amended Articles. What do we learn from this case? • That having control of 75% of the voting shares in a company and to be able to pass special resolutions to change the Articles of the Company is a very powerful position to be in and potentially dangerous to minority shareholders. • If minority shareholders wish to protect themselves, they must pay attention to the precise language used in the Articles of Association and consider the practicality and effect of them or their being changed, if either immediately or in the foreseeable future whether to their advantage or disadvantage. • The Articles of Association are a constitutional document, and the Court will not look outside it unless there is good legal reason to do so. • The importance of a shareholders agreement.

If you are a minority shareholder what could you do now with a view to ascertaining and safeguarding your own position? • Read your company’s Articles of Association with a view to ascertaining your position under the constitutional documents. • If there is a shareholders agreement, read the shareholders agreement in conjunction with the Articles of Association to check the position. • If you do not have the time to do this or are unsure, instruct a suitably qualified solicitor to assist you. • Consider if it is reasonable to negotiate or renegotiate your position either via the Articles of Association of the company or a shareholders agreement or both. • If there is no shareholders agreement obtain professional advice about putting a shareholders agreement in place. Assistance If you require help, assistance or wish to discuss any of the issues in this article please contact Nicholas Woolf info@nicholaswoolf.com or +44 (0)7242 6018. DISCLAIMER This note comprises the view of the author as at 7th April 2021. This note is not a substitute for legal advice. Information may be incorrect or out of date and may not constitute a definitive or complete statement of the law or the legal market in any area. This note is not intended to constitute advice in any specific situation. You should take legal advice in specific situations. All implied warranties and conditions are excluded, to the maximum extent permitted by law. Nicholas Woolf, Director and Principal of Nicholas Woolf & Co

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Council Member‘s Report A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA is due to close) to allow further time to find a suitable alternative. Press releases have been sent to the profession to update members on the current position. In May 2021, a joint letter was sent to the SRA from the Law Society and the Legal Services Consumer Panel requesting SIF should continue.

You may be aware that in March 2021 I became Vice President of the Law Society of England and Wales and I. Stephanie Boyce took office as President. We have had a very busy time, dealing with a number of issues on behalf of the profession. Remote meetings continue although the next Council meeting on 14 July 2021 has been tentatively pencilled in as a hybrid meeting. We hope to be able to meet some colleagues again in person on that date but that may change subject to government announcements. Council has met virtually a few times since my last SOLO report. Council meetings took place remotely on 23 March 2021, 19 May 2021 and 9 June 2021. I set out below details of the main issues discussed at those meetings together with a brief update on developments since then. A copy of the CEO’s report to Council’s March meeting, which contains more detailed information, can be found on our website at www.spg.uk.com.

The Solicitors Indemnity Fund The Solicitors Indemnity Fund (SIF) has been a hot topic on Council and indeed across the profession. The Law Society has been working hard for the last three years to try and find a solution for members. Having explored various avenues, the Law Society concluded that it would be in the best interests of members and indeed consumers, for SIF to be extended beyond September 2021 (when it

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On 26 May 2021, a meeting took place between the CEO’s and General Counsel of the LSB, SRA and The Law Society. The LSB had clearly received a number of letters and communications from members and retired members, and made it clear that the LSB was now taking a keen interest in SIF. The LSB made suggestions as to how The Law Society and the SRA should work together to resolve the position over post 6 year run off (P6YRO) cover. On 4 June 2021, the Law Society sent a further letter to the SRA again requesting SIF should continue. We referred to the SRA’s Board meeting on 8th June and asked them to again consider: a. the adverse consequences to consumers, our members and the good standing of the profession of a decision to close the fund at this time; and b. the current adverse insurance market conditions and the non-availability of any P6YRO replacement insurance in the market. We made it clear that if the SRA maintained their position to close the fund in September 2021, we expected detailed reasoning for their decision. The SRA Board met on 8 June 2021 to consider the matter further. As I write this update, we are awaiting their decision and will update members as soon as we are able. (a) Outdoor advertising on tube, rail, trams and railway stations: • London underground – for 2 weeks • Rail 4-6 weeks and tram /metro /rail interiors for 4 weeks in different locations)

End of Stamp Duty Land Tax Holiday As the Stamp Duty Land Tax (SDLT) holiday deadline approaches on 30 June 2021 in England

with tapered rates applying until the end of September, the Law Society has published new guidance for under-pressure conveyancing solicitors. Solicitors in Wales are also subject to the same deadline as the Welsh land transaction tax ends on 30 June 2021. There is guidance about managing client expectations and practical suggestions for dealing with transactions on the Law Society website at https://www.lawsociety.org.uk/contact-or-visitus/press-office/press-releases/final-countdownon-stamp-duty-holiday-leaves-conveyancingsolicitors-under-pressure.

Covid-19 and Safety Much of the Law Society’s work has continued to focus on member safety and the 3Rs – ‘Reset, Resilience and Recovery’ campaign (the 3Rs). Updated support and guidance can be found on the Law Society website at: https:// www.lawsociety.org.uk/topics/coronavirus. That work has had a significant impact including the following: • Over £500million public spending was allocated from the Treasury to the justice system as part of the 1-year spending review; • The Ministry of Justice’s budget was protected for 2021 and the Chancellor announced an above inflation increase of more than 4%. • Almost 220 solicitors facing redundancy or employment related challenges benefited from the Law Society’s career clinics and gave positive feedback on the service. • The Law Society liaised closely with government departments to secure further clarification and confirmation that solicitors, who act as key workers in England by attending court and fulfilling legal obligations, will continue to be treated as such. • On business support measures, the Law Society joined calls suggesting that business support should be commensurate with the scale of the restrictions imposed. • The Law Society is in regular contact with HMCTS, including a weekly court safety meeting allowing concerns of members to be raised.

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HMCTS and the Probate service Since April, the Law Society has received feedback from members that the data shared by HM Courts and Tribunals Service (HMCTS) did not reflect the reality of using the probate service. At its latest meeting with HMCTS, the Law Society asked about delays, communication with HMCTS, difficulties accessing the online service and what was being done to address these issues. The next meeting with HMCTS is due to take place

at the end of June, so if you have any queries or concerns about the probate service, please do send them to hmctscourtreform@lawsociety.org.uk so that matters can be taken up for you.

Criminal Law The Law Society has written a joint letter with other practitioner groups to the Lord Chancellor, urging reconsideration of the fee structure for pre-charge engagement (PCE). The purpose of the new scheme is to make it easier for the defence and prosecution/police

Work in Wales On his visit to Wales, Sir Christopher Bellamy, the Chair of the Independent Criminal Legal Aid Review, met with the Law Society and criminal practitioners across Wales. He also visited Swansea Magistrates Courts, Cardiff Crown Court and Cardiff Bay and Ystrad Mynach police station. The Law Society held a Domestic Violence Awareness Event for members to learn more about creating a supportive workplace and emphasised that domestic abuse is everyone’s business. HMRC and VAT HMRC has called for evidence on the VAT rules relating to land and property with a view to simplifying the rules. The Law Society will be sending a response and would like to hear your views. Further details of HMRC’s proposals are on the Law Society website at https:// www.lawsociety.org.uk/topics/property/hmrc-call-for-evidence-onsimplifying-the-vat-land-exemption. If you have any comments on them, please email property@lawsociety.org.uk by Monday 5 July 2021. Asylum Law proposals undermine Rule of Law The Law Society has responded to the government’s consultation on changes to Asylum Law, labelled as the “New Plan for Immigration”. The proposals seek to push asylum-seekers who reach the UK by irregular routes into destitution or homelessness as a way of coercing them to leave the country. The purported aim of the changes is to punish people smugglers but the Law Society has pointed out that victims of criminal networks will also suffer. There are also proposals to limit access to the courts and rights of appeal which will remove critical safeguards from a system which makes crucial decisions about people

to discuss the evidence prior to charge. As the scheme stands, however, the essential pre-engagement work that the solicitor must undertake with the client will not be paid for. More Nightingale courts are to be opened and the Law Society is calling for more investment in additional court capacity. Trials are now being listed for 2023 with the latest figures at the end of April showing there were 57,894 outstanding cases in the Crown Courts and 463,215 in the Magistrates’ Courts.

feeling persecution. The plans pose a serious threat to the Rule of Law and undermine access to justice. Further details can be found at https://www.lawsociety.org.uk/contact-or-visit-us/press-office/pressreleases/new-immigration-plan-risks-making-a-mockery-of-britishfair-play. Brexit and International Clauses allowing the breach of international law were removed from the Internal Market Bill in December, following progress in the negotiations regarding the UK’s future relationship with the EU. This followed a successful Law Society campaign on the issue, which saw more than 5,000 people write to their MP using our campaign and call to action, to raise concerns regarding the proposals. The Law Society’s Brussels office is leading on influencing the EU’s approach to the Lugano Convention. The focus is on emphasising how UK participation on Lugano is not just in the interests of the UK or UK legal service providers, but also in the interests of small and medium enterprises (SMEs) and consumers. The UK can now begin the process of joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP will provide important benefits to the UK services sector given the number of UK businesses that reside in the Asia-Pacific region. The UK is the first new signatory to join and this is an opportunity for the UK to show leadership in international trade The Law Society’s Global Legal Centre campaign continues to focus on specific audiences, and we have been promoting our ‘Jurisdiction of Choice’ report to key stakeholders in target areas.

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, please do not hesitate to contact me on Lubna.shuja@lawsociety.org.uk or on 0121 551 7866. Lubna Shuja Law Society Council Member for SPG Chair of the Law Society Membership and Communications Committee Member of the Law Society Board, June 2021

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Main Group Sponsor:

24th Annual Conference POWER UP for the New LEGAL WORLD! SUPPORTING SOLICITORS IN SOLE PRACTICE

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SPG Annual Conference Friday 8th – Sunday 10th October 2021 – The MacDonald Berystede Hotel, Ascot. All sole practitioner solicitors are invited to join us at our Annual Conference weekend where we have an excellent panel of speakers lined up. The conference will start on Friday 8th October with the opportunity to network with your fellow guests and the Committee members enjoying the welcome reception and buffet in the evening. On Saturday 9th October, there will be a full day of presentations by eminent guest speakers, which will extend into the morning of Sunday 10th. Our keynote speaker for the event is Mark Stephens CBE of Howard Kennedy LLP, who is a very high profile lawyer specialising in media law, intellectual property, defamation and human rights, with innumerable media appearances.

AGENDA

Friday 8th October : Saturday 9th October : Sunday 10th October :

Evening Welcome Reception Conference and Gala Dinner ½ day Conference concluding with Lunch

ACCOMMODATION

We have secured a special bedroom rate at the hotel of £165 per night bed and breakfast, which can be booked directly with the hotel by emailing reservations.berystede@macdonald-hotels. co.uk or calling 0344 879 9000 quoting the SPG group reference DOTA210521. Bookings will be fully refunded in the event of government restrictions or cancellation of the conference cause by the Covid-19 pandemic.

BOOKINGS

Tickets will go on sale soon, watch this space!

He has a varied and fascinating client history, including: • Acting for the National Union of Mineworkers when Arthur Scargill was accused of mishandling union funds • James Hewitt when allegations of his affair with Princess Diana came to light (still a capital offence!) • Private Eye in defamation cases • Julian Assange against extradition to Sweden • Greenpeace against Shell after they occupied the Brent Spar Oil Platform • Sir Salman Rushdie in relation to information published about him Mark is regularly called upon to comment in the media on current legal issues. His views on the current government attack on the right to judicial review would be most interesting. In the evening we will all enjoy a champagne reception, followed by our traditional black tie gala dinner, including a prize draw, entertainment and a disco. And for those that have been to our conferences before you will know we always have some surprises along the way. We also invite members of small firms who will find our event extremely useful and an economical way to achieve training objectives. Of course, as with previous conferences, you are most welcome to bring family members to enjoy the hotel and the social side of the weekend.

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An the Many family law, inheritance and social services Thus

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You might not think you are the director of a company, but... What should we tell our clients? 1. To make sure that all your and your company agreements are in writing and enforceable. 2. When being involved with a company ensure that the Articles of Association are complied with. Please note the Duomatic principle is becoming increasingly hard to satisfy. 3. That registrations at Companies House are not evidence of compliance with the law and may prove irrelevant. 4. Even if your client has not been appointed a director, if he or she is part of the corporate governance of the company and assumes the status and function of a director he or she may be a de facto director, shadow director or both. If they are either a shadow or de facto director the following consequences will flow: (1) a liability to the company (whether or not in liquidation); (2) incurring extensive personal liability; The case of Alan Burnell (Claimant) v (1) Trans-Tag Limited and (2) Robert Aird (Defendants) (Judgment 28-05-21) is an interesting read. All 83 pages of the Judgment of Deputy Judge Greenbank in the High Court conjure up pictures of characters who we are all familiar with in our litigation practices. The facts are lengthy and technical but the lessons learned from eight days in the High Court are fairly straightforward. The Facts (at their simplest) D1 was a limited company whose business was the development, manufacture and distribution of both the hardware and software of tracking devices. The majority shareholder in D1 was a company called “Monogram” controlled by D2. C became an investor in D1 and CEO at the behest of D2. C invested £250,000 by way of loan in D1. C claimed repayment of the loan and also breach of contract against D2 by failing to procure C shares in D1. D2 counterclaimed against C. The grounds of the counterclaim included a claim for breach of director’s duties despite C never having been formally appointed a director of D1. C served a statutory demand on D1 for the return of the £250,000 during his period as CEO of D1. After his departure from D1 took control of X Co, which had licensed the software for the tracking devices to D1 and terminated D1’s licence. The Judgment That C was a de facto director of D1 between certain dates. De facto directors have the same statutory duties under sections 170 to 177 Companies Act 2006 as properly appointed directors. These duties should be read within the terms of the Companies Act. The duty of confidentiality was a continuing duty and C had breached that duty by using the knowledge he had accumulated during his “directorship” to his benefit in acquiring control of X Co and thereafter terminating the licence with D1. C was, therefore, liable in damages to D1 and D2 and liable to account. Interestingly the service of the statutory demand whilst a de facto director was not a breach of the statutory duty to act in the best interests of D1. D1 was liable to repay the loan.

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(3) having statutory duties to comply with under sections 170 to 177 of the Companies Act 2006, which may be summarised briefly as follows: To act within powers (s171) To promote success of company (S172) To exercise independent judgement (S173) To use reasonable care, skill & diligence (s174) To avoid conflicts of interest (s175) Not to accept benefits from 3rd parties (s176) To declare interests in transactions (s177). It is important to advise clients that the duties under s175 (and s176) continue after a “director” has resigned or severed his or her relationship with the Company. Assistance If you require help, assistance or wish to discuss any of the issues in this article please contact Nicholas Woolf info@nicholaswoolf.com or +44 (0)7242 6018.

DISCLAIMER This note comprises the view of the author as at 14th June 2021. This note is not a substitute for legal advice. Information may be incorrect or out of date and may not constitute a definitive or complete statement of the law or the legal market in any area. This note is not intended to constitute advice in any specific situation. You should take legal advice in specific situations. All implied warranties and conditions are excluded, to the maximum extent permitted by law. By Nicholas Woolf, Director and Principal of Nicholas Woolf & Co

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Quiz - How healthy is your legal website? Is your website driving work to your law firm or driving it away? Take this quiz to find out. Are you confident that you know if your website is working as hard for you as it could? Do you know what points make it effective, increase your online visibility and drive leads to your firm? This quick quiz, created by Orion Legal Marketing, will help you identify how healthy your website really is. 1. If you Google the key practice areas your law firm would like to grow, does your website appear: A. In position one on Google? B. On page one on Google (but not at the top)? C. It’s invisible e.g., page 2 or beyond?

10. A. B. C.

Do you review Google Analytics regularly so that you know: Who is visiting your website, what pages they are viewing and how they got there? A rough idea if the number of visitors is going up or down? What’s Google Analytics?

11. A. B. C.

If you view your website on a mobile device, does it: Automatically resize and provide the best possible viewing experience? Looks okay but a bit hard to read/ navigate? Yikes, I didn’t realise it looked that bad!

When you appear in Google results, does the meta tag description (the 1–2-line summary of your website page): A. Succinctly and powerfully explain the benefits you provide? B. Give a general description of your firm? C. Pick a random line from your website? 3. A. B. C.

Does your website load: Instantly? In a few seconds? Yawn, unsure, I nodded off

4. A. B. C.

Does your home page: Clearly say what you do and what you want the visitor to do? Talk about you, but not so much about your clients? Ramble on about nothing in particular?

5. Does your website navigation enable a website visitor to access key information in: A. Under 3 clicks anywhere on the website? B. Between 3-5 clicks C. They are likely to get repetitive strain injury 6. A. B. C.

Do the colours and images used on your website: Reflect and strengthen your branding? Look nice but they are a bit abstract? No idea, just there to look pretty

7. A. B. C.

Does your website have: A call to action (e.g., ‘contact us form’ on every page?) On some pages? Just on the Contact us page?

8. A. B. C.

The profile images on your website, are they: Professionally taken and up to date? Professional but over 5 years old Taken on someone’s phone, whilst on holiday, about 10 years ago

9. A. B. C.

Does your website provide: Valuable content for the visitor in the form of blogs and downloads? A few articles but they have not been updated in a while? No articles section – ‘I have no time, or inspiration, to write anything’

12. Do the staff biographies on your website: A. Contain recent work examples, outline your work style and the benefits your experience brings B. List a selection of facts from your/their CV C. Were written when the website was launched/ you joined the firm and not been touched since

Your results Mainly A’s – Your website is fighting fit, just remember that to stay in shape and optimised you need to keep to a regular marketing health routine. Mainly B’s – Your website needs a marketing specialist check-up as it’s not performing as well as it should and has some fundamental issues, so a marketing health check would be advisable to prevent any long term damage occurring. Mainly C’s – Oh dear. Your website barely has a heartbeat and it may be driving potential clients away (if they even find it). You need to see a marketing specialist ASAP or this may be terminal.

Contact Orion Legal Marketing for a free website check-up and quote “WEBSITEHEALTHCHECK” to get free advice on how best to get your website performing at its best on T: 0118 380 5980 or email enquiries@orionlegalmarketing.co.uk

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A True Story – A Telephone Call Received in 2021 to his questions while all the time, knowing that she knew very little about finding appropriate, affordable and available home care. Able Community Care could help. Over a couple of further phone calls, we were able to offer details about the services we could provide, directions about what other services were available in the area in where her brother lived, the related, financial costs and what to expect of a home care agency with reference to care workers qualifications, experience and statutory checks.

Angela Gifford, CEO since 1980 The phone rang and the lady making the phone call introduced herself as in her 70’s with an older brother and sister-in-law who wanted to stay in their own home but were finding it difficult to do so. The reason being that both now needed care support and so were currently unable to live on their own. As an interim measure the couple, aged 84 and 90, had moved into a care home because of their current situation.

in that she lived in another County and due to the pandemic could not even visit them. One problem was that they would be self-funding and although Social Services had assessed them as being able to go home, they had left them to make their own arrangements. The care home was helpful, but they would not actually arrange a home care package and the whole situation was being hampered by Covid-19.

Able Community Care, based in Norwich and Jersey, has 41 years of providing Live-in Care Support. Our client’s range in age from young adults to centenarians living throughout mainland UK and the Channel Islands.

Having no children of their own, the sister had almost been given the responsibility to get her relatives safely home. Her ‘job’ was complicated

The caller wanted to know, where did she start to find a solution? Information was needed so she could speak with her brother, have answers

www.ablecommunitycare.com info@ablecommunitycare.com T: 01603 764567

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Can we help someone you know?

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The misuse of Powers of Attorney – what can you do? We are consulted regularly by distressed clients who feel that the family member or friend who has been appointed as a Power of Attorney (POA) for an elderly relative is abusing their position to extract funds or assets unfairly. What can be done? The first question has to be – What powers does the POA actually grant? There are different types of POA’s, depending on the circumstances and purpose. If you have full mental capacity, but want or need someone to act for you while you cannot do so perhaps due to a hospital stay or absence abroad, you can make an ordinary Power of Attorney which will only last as long as the time scale you have provided for, and only as long as you have full mental capacity. The problems that occur within families more usually involve the administration of a Lasting Power of Attorney (previously called an Enduring Power of Attorney] which is designed to give powers to the attorney after the donor becomes mentally incapable of dealing with their own affairs. This is a complex issue, and in the first instance a medical certificate would be required for power of attorney to come into force. These Lasting Powers of Attorney (LPA) can be of two separate types, either for financial decisions or for health and care. In many cases separate lasting powers of attorney are drawn up for each, possibly with different attorneys being appointed. So, for example the donor may wish a financially astute relative to deal with his finances and property matters, but may prefer a different relative who has been looking after him and knows his medical condition and wishes to deal with his health and care issues. Where there is a substantial estate involved, or where the person who perhaps is now suffering from dementia is moved

into a facility such as a care home of which other family members do not approve for various reasons (including cost) this can be the source of huge dispute. So, for example, in a case in which the donor of the LPA was moved into the attorney’s home, and their valuable property sold this was this cause of some concern for the rest of the family, not only in relation to the care the donor was receiving, but also because the funds realised from a sale of the property were transferred to the attorney as an alleged gift. This raises a very particular issue which is at the core of problems of many disputes over the exercise of LPA’s - the question of undue influence of the attorney over the donor of the power. Just because someone lacks the mental capacity to deal with day to day finances, does not in law meaning that they lack the mental capacity necessarily to deal with substantial property matters such as the gifts of assets.

in order to form an opinion as to whether there is a problem in the exercise of the attorney’s powers. The Special Visitor, who should have medical qualifications, should also look at all medical reports and take into account the conditions under which the donor of the power is then struggling so, for example, vascular dementia will demonstrate quite differently to Alzheimer’s disease. If the family is not satisfied with the result of the public guardians report by the special visitor, an application can be made further for this to be reviewed viewed by the court. This is a complex an important issue which is becoming more and more relevant as the numbers of frail and elderly people suffering from dementia increase.

Penny Raby SPG Chairwoman 2021 – 2022 Please contact me at pennyraby@harmony-house.co.uk

Penny Raby & Co can advise and represent family members in these difficult disputes, both attorneys concerned that their actions should not be misunderstood, and family members worried that care or finance issues are being mishandled by the attorney. In most cases it is possible to reach a settlement without a full trial of issues, which is particularly important my families are facing potential disputes which may cause permanent rift through the generations.

It is understandable that this leads to problems, because it is possible for an attorney to drain the assets of the donor and thereby prejudice the interests of the other potential beneficiaries of the estate upon the donor’s death. The question is - What is the capacity of the donor at the time the alleged gift is made? This is above all a medical question, and a medical opinion should be sought by the attorney on this specific point before accepting any gift. However, this is frequently honoured only in the breach, and therefore the rest of the family is left wondering what they can do to question the transfer of substantial assets to the attorney which appears to be inappropriate. In these instances one can apply to the Office of the Public Guardian for a Special Visitor to attend upon the donor of the LPA, and interview them separate from the attorney and in circumstances in which they will not be influenced by the attorney,

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One in five people writing wills now include a charity The global pandemic is changing the way people approach end-of-life planning and inspiring more people to write charitable gifts into their Will than ever before, but myths around how it works can impede that growth, according to the charity consortium, Remember A Charity. Growth of gifts in wills In 2020, many legal firms recorded an uplift in wills, with the Law Society reporting a ‘striking shift’ – that 7% of UK adults had written a will during the first lockdown. But the crisis prompted another notable shift; heightened awareness of the critical role of charities in our communities, inspiring the public to use their will to give back. The same Law Society poll found that one in five people writing wills are now including a charity. Industry data reflects this shift too with new figures released by Co-op Legal Services showing that almost a third (32%) of the wills they created in 2020 included a gift to charity. This equates to a 61% increase in the number of people leaving a gift to charity in their will through the Co-op, with cancer charities (42%) and local causes (21%) most widely named as beneficiaries. Rob Cope, Director of Remember A Charity, says: “The pandemic has had a devastating impact on people across the country, and it’s hardly surprising it’s inspired us all to reflect on what matters most and what we can do to help. “Family and friends will usually be our first consideration in a will. But leaving a charitable bequest is also something that many people find incredibly empowering – a statement about who they are and what they believe in – and a way to shape the world they leave behind. It’s wonderful to see how much appetite there is for giving in this way.” Role of professional advisers Solicitors and will-writers play a critical role in inspiring gifts in wills, with the large majority proactively asking relevant clients whether they wish to include a charity in their will, with 68% regularly doing so, up from 58% in 20121. Even the simplest reference to the option of including a gift has been found to double the propensity for giving in this way. Typically, professional advisers raise the topic during the standard will-writing process or estate planning, alerting clients to the relevant Inheritance Tax breaks. Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated. Cope adds: “The Inheritance Tax framework makes legacy giving all the more appealing, but we’re conscious that there are many myths among the public around donating from your will and this can prevent supporters from doing so.” These myths were highlighted in a recent survey of over 170 financial advisers, carried out by the Personal Finance Society. Advisers reported that clients were often unaware they could donate to charity and still pass on the bulk of their estate to their family. Similarly, clients often perceived bequests as being a form of giving for “the rich few” rather than something that everyone can do. Cope adds: “We’re fortunate that, here in the UK, it’s easy to include a donation alongside gifts for family and friends. People can choose to donate any sum to any charity– there’s no need for it to be a large amount – and any

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gift really can make a difference. “This is where professional advisers are so important; being able to give clients impartial information so that they can ensure they are making the best decision that allows them to remember all the things they care about in their will.” After more than a year of crippling funding shortages to the charity sector (amounting to an estimated income loss of £10 billion2), income from charitable bequests has been all the more crucial in helping charities survive periods of uncertainty. Gifts in wills raise over £3 billion for good causes each year and – despite the delays in probate during 2020 – they have remained the largest source of voluntary income for UK charities throughout the crisis. Free campaign supporter scheme for legal advisers Remember A Charity runs a Campaign Supporter scheme for solicitors and Will-writers, including a free listing on the public directory which receives tens of thousands of visits a year. Remember A Charity Week takes place from 6th-12th September 2021, with Campaign Supporters receiving free materials to celebrate the week and help open up conversations with clients about the option of leaving a charitable bequest in their will. Find out more at www.rememberacharity.org.uk. 1 2

Future Thinking, 2019 ProBono Economics 2021

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Market Conditions, the Summer and beyond... Since I wrote to you in the winter edition of SOLO, we have been through another ‘solicitors’ season’ with many law firms renewing their Professional Indemnity insurance in March and April. In this article, I will be sharing some key insights from Lockton’s experience over the past few months and, for those renewing later in the year, providing some guidance on how to best prepare. Market conditions Across the profession, hardening insurance market conditions persisted during the spring renewal period, with rates continuing to rise. There are many factors that contribute to a shift in the insurance market cycle, with the largest being claims activity. While we have not seen a dramatic increase in the frequency of losses being experienced, there continues to be an upward trend in the severity of claims. With property values continuing to rise and commercial transactions growing in value, it can prove incredibly costly for firms when something goes wrong, particularly when factoring in the cost of litigation. According to our data, approximately two thirds of the profession are not experiencing claims, but the third that are experiencing claims are exceeding the total premium collected by the insurers, hence the need for change. In addition to claims activity, economic uncertainty, SRA’s consultation, ‘silent cyber’ (potential cyber exposures contained within traditional property and liability insurance policies), the closure of SIF, and the SDLT holiday are all contributing factors to rising claims. Covid-19 and Brexit have also played their part. Despite all of the warnings, the spring renewal period was late. A significant proportion of the profession simply did not get their presentations into their broking representative in adequate time. This may have had an impact on the end result, particularly as rates typically got worse. As in the October renewal season, insurers continued to make extensive information requests from firms. As a minimum, underwriters expected presentations to include a proposal form and insurer claim summaries that were legible and recently dated, along with a completed Covid-related questionnaire. If there were claims on the record or open notifications, a narrative was expected to be included within the presentation. If additional layers were

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purchased above the compulsory primary limit, even more information may have been required.

and the following are areas I would suggest elaborating on:

Statistics The positive news for sole practitioners is that of the firms renewing through Lockton in the spring, the larger increases fell elsewhere.

• • • • • • •

The average primary rate increase across our portfolio was 26.8%. The largest increases were seen by six-ten partner firms (38%) and the lowest by sole practitioners (24%). 66% of clients have been claim payment-free in the last six years, down from 69.1% from October, but up from 58.8% in April 2020. This rose to 85.5% if no conveyance work was undertaken within the practice – very close to the 86% reported in October and the 85.3% in April 2020. The best performing firms from a claims perspective were smaller firms, 88.4% of sole practitioners have not had a claim payment in the last six years. This is down from 89.9% for those that renewed in October and 94.7% in April 2020. For all categories above six partners, each segment is performing below the average, to the extent that, in many cases, two thirds or more practices have experienced a claim payment in the last six years. We are incredibly proud that our client retention rate remains extremely strong – potentially market leading – with more than 97% of our clients continuing to select Lockton as their chosen representative. In addition, despite our extensive insurer market access, continuity of insurer remains a vitally important consideration for practices, as only 4.77% moved insurers – down from 7% in October and 6.85% in April 2020. This could be due in part to reduced competition. Nonetheless, we are acutely aware that some clients decided to remain with their incumbent insurers, despite us presenting a more competitive alternative. The summer and beyond So, that’s what we saw in the spring. Our advice for those firms renewing later this year? Start early – start now. If you renew on or around 1 October, you should be engaging with your broker now and compiling the necessary information required by insurers. The more time you can allow your broker to liaise with insurers the better, but it is particularly important if you are not happy with what comes back, as you will need time to react. This is the perfect opportunity to provide a covering letter supporting your application

Your business resilience plan Governance and supervision (if you employ staff) Associate wellbeing Succession plan Your client base and how you source work Risk management and regulation IT and cyber exposures

We would advise looking at all the information about your practice and your fee earners. This includes your website, the Law Society listing and any reviews about your practice. Prudent underwriters will do this. Check that your website is a true reflection of your firm and the work that you are doing. If you are promoting practice areas in which you do not have expertise, this may be off-putting to insurers. Look at reviews online and respond to them appropriately. It is also essential to ensure that you cover your markets. Less than 5% of firms changed insurer during the spring renewal process, but we would still suggest you benchmark your renewal terms, at the very least to give you comfort that they are competitive. In a challenging marketplace, careful selection of your insurance representative is crucial. A specialist broker should be able to demonstrate that they have comprehensive and, most importantly, direct access to the active market. Vitally, they should also be able to articulate their claims proposition accurately. While nobody wants to experience claims, you will need to make sure that the team servicing you has the appropriate expertise and infrastructure to support you in your hour of need. If you are a current client of Lockton, I hope you are happy with our offering and would be comfortable recommending us to other firms. If you are not a current Lockton client and would like us to assist, please contact me or any other member of the team and we will happily approach insurers for you. I hope that we enjoy a return to ‘normal’ soon and look forward to seeing you at the conference later in the year. Very best wishes. Danny Seaman Lockton Solicitors danny.seaman@uk.lockton.com / 020 7933 2655 solicitors@uk.lockton.com / 0330 123 3870

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Anti-money laundering back in the spotlight for conveyancers Recent AML audits by the SRA have once again highlighted the challenges of AML compliance for the conveyancing industry. As we know, conveyancing is one of the highest risk areas for AML so, if your practice hasn’t yet been audited by the SRA, the chances are that it will happen at some point in the future. With that in mind, we’ve put together a quick update for conveyancers with some practical tips to help with AML compliance. • Automates your risk assessment based on multiple checks (number of checks depends on different profiles). • Provides automated screening of sanctions, PEPs and alert lists • Automates record keeping and audits, removing expired data • Offers both simplified and enhanced due diligence • Monitors compliance of clients and the firm, with downloadable reports • Ensures on-going due diligence, creating alerts for non-compliant documents or data

What have the SRA audits identified? Although emphasising that most law firms take AML very seriously, as a result of the audits, the SRA has identified that there can often be a difference between a firm’s AML policies and procedures and what actually happens in practice. Nearly two thirds of firms reviewed needed some form of engagement with the SRA and a further nine were referred to the SRA’s AML investigation team. The SRA team found that half of the files they reviewed had issues such as lack of due diligence – examples included the client being known to the partners, expired documents and client due diligence records not being accessible to appropriate staff. Additionally half of the firms the SRA dealt with were failing to carry out effective audits. For example, although the MLRO / MLCO can contribute to the audit, it needs to be overseen by an independent party. A full report on the findings can be found on the SRA website(i). To view the most up-to-date AML guidance compiled by the Legal Sector Affinity Group, please visit the Law Society website(ii). This guidance replaces the Law Society practice note on AML. How an electronic AML check can help Although an electronic AML service can’t do all the work for you, it can certainly help your conveyancing team to meet many of the Directives’ requirements. The key features of an online service are that it:

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Please note, however, that it isn’t sufficient to merely rely upon an automated service to meet AML requirements. Law firms and more specifically, Money Laundering Compliance Officers, are still responsible for ensuring that clients are who they claim to be. This means ensuring a risk assessment policy is in place (and reflected in the AML service being used), that the automated service meets all your requirements and being aware of the sources of data used in assessments. The world of identity checking is changing very quickly so, if you already use an automated service, we recommend checking the latest features with your supplier. The Geodesys AML service offers you all of the above features through a single AML dashboard that’s incorporated into our ordering site. You can carry out both a simplified or enhanced search and we can help you with setting up your risk profiles. For further information of our AML service and to arrange a demo, please contact Kay Toon, Geodesys Account Manager on 07764 987259 or email kay.toon@geodesys.com (i) https://www.sra.org.uk/globalassets/documents/sra/research/ anti-money-laundering-aml-visits-2019-2020.pdf (ii) Legal Sector Affinity Group anti-money laundering guidance for the legal sector https://www.lawsociety.org.uk/en/topics/antimoney-laundering/anti-money-laundering-guidance

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An the Many family law, inheritance and social services Thus

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The Pandemic Effect: The Outsourced Transcription Provider as a Resource The pandemic, and its subsequent lockdown, hit many law firms hard. As a result, this has made firms reevaluate business continuity planning, and to look at what efficiencies can be made to improve the bottom line. As a sole practitioner it is even harder: not only do you have to provide great service to your clients; you also need to spend time nurturing your business, to make it thrive and grow.

An Immediate Fix One aspect that has been in deliberation for many years is fee earners typing their own documents and emails. Consider the following: Did you know that a Grade A Solicitor (at £409 per hour) who spends two hours typing their own documents/emails could lose their firm (after the deduction of transcription costs) up to £570.30 in chargeable time? Similarly, a Grade D Solicitor (at £138 per hour) could lose their firm up to £163.80.*

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Dictation versus Typing

for specialist equipment or software licenses. They also provide a great business continuity solution to enable law firms to access typing support that expands (or contracts) with your firm’s specific needs on a pay-as-you-go basis.

The simple fact is we can all speak considerably faster than we can type: “The average person types between 38 and 40 words per minute” i; and a “good rate of speech [for dictation purposes] ranges between 140 -160 words per minute” i i.

Testing the Theory

These statistics show that simply dictating a document/email, is approximately four times more cost effective than typing. Add to this formatting and editing, this cost saving could stretch further.

Some of the more established transcription companies have smartphone apps that allow you to dictate direct from your mobile phone allowing you to trial without purchasing any equipment.

Taking typing out of the mix allows practices more time to concentrate on increasing chargeable hours, whilst leaving more time to deal with WIP, release valuable lock up, social media or marketing.

Why not take five minute of your time to investigate? *Based upon court approved rates for London. Typing costs deducted using OutSec’s standard rate.

You will find that outsourcing your typing needs are considerably cheaper than direct employment (i.e. salaries, NI contributions, leave, unproductive time, sickness absence etc.). Outsourced transcription also enables fee earners to work remotely and dictate on the go, without the need

Citations: i https://www.livechatinc.com/typing-speedtest/#/ ii https://clearly-speaking.com/what-is-the-idealrate-of-speech/

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Why being a good lawyer isn’t enough if you want to be successful at the business of law some great mentors to help me and they put me on the fast-track to learning the skills I needed to make sure my business succeeded. This was what inspired me to make my business about helping other lawyers get good at the business of law.

To be successful at running your own law firm, it isn’t enough to be a good lawyer. You also need to know how to run and grow a business – something that isn’t taught in law school and which lawyers rarely get much training on once they join a firm. Often, the owner has set up the practice assuming that because they are a good lawyer, the clients will just appear. Or they optimistically believe that the skills they need to attract clients and grow a legal practice will arrive by osmosis the day they hang up their (actual or metaphorical) ‘open for business’ sign. The truth is that no-one is born knowing how to run a legal practice (or any other kind of business). But anyone can learn how to do it – if they are prepared to put in the time and effort (and usually get some expert help) to learn and hone new skills. You weren’t born knowing how to write a legal agreement or argue a client’s case in court; you studied with people who knew how to do it, and then you put it into practice and kept learning every day, probably with ongoing training every year. Why would learning how to run a practice be any different? There’s a lot to learn. It was the same for me: when I switched from being an employed lawyer to being a business owner I realised that in private practice I’d learned very little about anything other than how to provide good legal advice. Suddenly I not only had to be able to do the work, I needed to be able to bring in the work, make sure I got paid for doing the work, and make sure my business survived financially whilst I was learning how to do all these things. Fortunately, I chose

Attracting the Right Enquiries One of the most important things any practice owner needs to learn is how to market their business – because without clients you don’t have a business (just a dream). Many people assume marketing is just about deciding whether to ‘do Facebook’, which networking events to attend, and whether or not to run adverts in particular publications. What they don’t take the time to learn and understand is that marketing is really about getting the right message in front of the right audience. And the right message starts with ‘why’ your clients need your product or service and why they should choose you to provide it. If you don’t learn how to do that, it doesn’t really matter where you advertise or marketing your services, you’ll generally be wasting your time and money. Converting Enquiries at the Right Fees Good marketing is a helpful start. But it’s ultimately fruitless if you aren’t good at turning the enquiries you get into paying clients at the right fees.

understand yourself, you’re heading for disaster. I can’t tell you how many lawyers I’ve spoken to who’ve said “We’ve tried advertising but it didn’t work”. When I ask them to tell me how they decided on the content of those adverts, they say things like “Oh, the advertising department of the newspaper/magazine put it together for us”. So they didn’t have a strategy for the advert and they didn’t play any part in deciding the content of that advert. They left it to someone else who knows very little about their brand or their business, and quite possibly not much about good marketing either. No wonder they had zero results. I’m not saying every practice owner should get personally involved in every detail of every aspect of their business. But the owner needs to develop their business skills to the level where they can participate in developing the strategy for every part of their practice. Then, when they give the detailed implementation of that strategy to others, they will be able to understand whether it’s being done correctly or not. Outsourcing or delegating without understanding the strategy yourself is a bit like asking someone to build you a house without having any input into its design, purpose, or cost. What are the chances you’ll get the house you want?

For most practice owners this means learning how to ‘sell’ their services so that they aren’t letting the enquiries they worked so hard to get slip through their fingers. This can be a real challenge for some lawyers, as most hate the idea of doing anything that feels ‘salesy’. So instead they try to impress the prospective client into instructing them by giving away too much free advice (which often backfires).

The first step to successfully running and growing your law firm is to understand which strategies will work for your specific type of practice and the clients you want to work with. You can get help to identify what will work best for you at my free online strategic planning session for lawyers. Register at www.thebusinessinstructor.com/plan

Creating the Right Business Model Running a business is not just about being able to bring in the work. You also need to know how to create a business model that works – one which will be profitable and can be adapted as you grow. On top of that there’s learning how to manage the finances of a business (cashflow, profit and loss, balance sheets). And how to manage the staff (leadership and management are also skills we can learn and develop).

Michelle Peters (The Business Instructor) is a former practising solicitor and the creator of the Profitable Practice Programme for sole practitioners and small firm owners who want more clients and to increase their profits without working more hours. In addition to working privately with lawyer clients, Michelle frequently runs webinars and workshops to help lawyers identify what is slowing them down from having more of their ideal clients and higher profits, and what to do about it.

Getting the Right Help Given that most lawyers won’t be experts in the three areas above, it makes sense to consider expert help. But if you try to outsource or delegate parts of your business that you don’t

Michelle is also the author of the No.1 BestSelling Book ‘The Client Magnet Strategy for Lawyers’ which is available on Amazon, or you can download the first four chapters FREE at www. thebusinessinstructor.com/book

About the Author

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Calling smart law firms: the tech you DO need, and the one thing you DON’T When we talk about the top technologies for smart law firms in 2021, what exactly do we mean? Legal practice management software? Online file storage? Cloud-based word processors? Scanners? VoIP phones? Time recording? Online payments? E-signatures? Zoom? In the modern world, law firms are expected to provide their services in the same way as every other business – at the push of a button. To meet the demands of their clients, law firms are investing huge amounts of time and resources in the smart technologies listed above, integrating every piece of software or device within their organisation from the ground up. But with hundreds of options out there, each as valuable as the last, identifying what technology your law firm actually needs can be difficult. Which begs the question: what tech DO law practices need? Remote working capabilities Let’s start with the obvious. The COVID-19 pandemic has shown us all the value in being able to work remotely with zero obstructions. It’s no surprise that those law firms which had already invested in smart technology prior to the introduction of national lockdowns were the same firms which adapted quickest when we were all told to work from home. And when 97% of people don’t want to return to the office full time, it’s important that you have the infrastructure available to support your new work habits in the future, whatever your working preferences – home, office or combination. This goes beyond simply supplying stationery, decent laptops or additional hardware. One of the unfortunate side-effects of people working from home was that the UK saw a 400% increase in reported cyber crimes during the first wave of the pandemic, so it’s crucial that you have a comprehensive cybersecurity strategy in place to protect you and your data. Encrypt your remote devices, install anti-virus software and, most importantly, use a VPN (Virtual Private Network) to secure your network from people who shouldn’t be in there. Online payment processes Chasing fees from clients can be one of the most time-consuming tasks at any law firm, but it doesn’t have to be. Using an online payment platform will make it as simple and as smooth as possible for clients to pay their bills first time, every time. Remember, what’s better for your client is also better for you, as more on time payments will improve your cash flow and help you budget more accurately.

endless back-office tasks so that you can focus on doing what your law firm does best. Email and phone systems From a client’s perspective, this is the most important area you can invest in. It’s essential that your clients feel like you are there for them, which means having the communication infrastructure in place to make that possible. Older landline phones and copper internet connections have a tendency to break at the most inconvenient times, but that is no excuse in today’s day and age – especially when there’s fibre internet out there! When choosing your email system, it’s best to go with something that complements whatever word processing software or creative suite your firm uses (ie. Outlook with Office 365, Gmail with Google Workspace). But when it comes to your phone systems, you can be a bit more flexible. There are multi-line phones, cloud phones and PBX phones, but VoIP phones are probably the most popular as they allow you to run multiple lines and calls simultaneously over the internet. Each system comes with its own benefits, but again what you choose will generally depend on the demands of your business. And what’s the one thing you DON’T need? Paper Okay, we’ve cheated here a bit, as paper isn’t really a technology. But the point still stands – in a modern law firm, paper should be the last thing on your list! Going paperless is actually a lot easier than you’d first think. It’s basically just a case of storing all your important paperwork according to the same organising system as before, only instead of locking it all away in a labyrinth of filing cabinets, you can store, locate and edit it all from within one screen. When clients send in paper copies, scan them immediately, organise them accordingly and then shred and recycle the paper copies once they’re no longer needed. Be consistent – by using naming protocols and documenting defined procedures – and diligent with sticking to this process, and you will reap the rewards. In the short term, this makes it quicker and easier to manage crucial documents. In the long term, it takes up less storage space, reduces operational costs, helps comply with data regulations and is a more sustainable solution in general. Next steps

There are plenty of options out there, such as Legl, GoCardless or Invoiced. For the best results, choose one which integrates with whatever legal practice management software you’re using, just like we’ve integrated GoCardless (and soon Legl) with Quill.

All of these technologies are useful in their own right, but the question you need to ask yourself is whether it is right for you. Depending on the strength of your infrastructure, the type of work you do and other factors, some tech will be more valuable than others.

Speaking of Quill…

Start with the essentials: quality legal software. Once your practice is running smoothly, that’s when you can start adding in all the bells and whistles which will take you from a law firm to a smart law firm.

Legal software Using cloud-based legal accounts, document, practice and case management software like Quill is absolutely essential for performing all your law firm’s daily tasks whilst keeping you fully compliant. The very best legal software gives you all the tools you need to see a case through to completion, from signing initial contacts to locating crucial documents later down the line to submitting invoices. With accurate time recording and straightforward document management solutions, you can be more efficient with your time, and clients can see where their money is going, right down to the last penny. The sign of an effective legal software is that, once you start using it, you barely notice that it’s there. Legal software is the silent hero that works away in the background, removing the headache that comes with

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This article has been repurposed from the ‘Quill Uncovers: Secrets from real partners on the tech you really need’ webinar. View for free at www.quill.co.uk/ resources/guide-to-the-best-legal-tech-tools-for-uklaw-firms-and-lawyers-in-2021. About Quill Quill helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services. Get in touch for more information about Quill’s practice management software and outsourced legal services by emailing info@quill.co.uk.

Solo Magazine for the Sole Practitioner's Group, Summer 2021

Articles inside

Why being a good lawyer isn’t enough if you want to be successful at the business of law

The tech you dO need and the one thing you dOn’T

Outsourced Transcription Providers as a Resource

Market conditions, the Summer and beyond

Anti-money laundering back in the spotlight

One in five people writing wills now include a charity

A true story

How healthy is your legal website?

Misuse of Powers of Attorney

You might not think you’re a company director, but

SPG Annual Conference 2021

A problem for minority shareholders

Council Member’s Report

Maintaining healthy boundaries

Comparison & Review Websites

SPG Executive Committee

Honorary Secretary’s Report Summer 2021

From the Chairwoman

Exec Team Profile: Joanna Connolly