Council Member’s Report

Report from SPG Law Society Council Member – Lubna Shuja

The most recent Law Society Council meeting took place on 30 March 2022. Below is a summary of some of the issues we discussed, and which are currently relevant to our profession. Copies of the reports to Council from the Law Society’s CEO can be found on the SPG website at www.spg.uk.com.

Criminal Legal Aid

The Law Society has warned that the British justice is at risk after UK government assurances that their proposals on criminal legal aid funding matched the fi ndings of an independent review turned out to be spin.

Sir Christopher Bellamy made clear in the Independent Review of Criminal Legal Aid that an immediate 15% injection of funding was the bare minimum needed to keep the beleaguered criminal justice system functioning and ensure access to justice for victims and defendants.

Government rhetoric suggested they had understood the seriousness of the crisis, but detailed examination of the consultation revealed that the proposals fall substantially short of what they fi rst appeared to be.

On Tuesday 22 March 2022 Justice Secretary Dominic Raab claimed to the House of Commons that he had “matched the Bellamy recommendations on the quantum of investment and on the… uplift for fees”. However, it is now clear that, for solicitors, the reality is diff erent. Because of this, the Law Society can no longer support the government’s proposals. meetings with the Ministry of Justice (MoJ) offi cials and ministers, the MoJ has confi rmed that the total value of the package of measures for solicitors amounts to only 9% and not the quoted 15%. There is no commitment as to the scale of additional funding after the proposed restructuring of the Crown Court fee schemes.

The crisis in our criminal justice system has seen the backlogs in the courts spiral to unprecedented levels, leaving victims, witnesses and defendants waiting years for justice. Without necessary investment, at least on the scale Sir Christopher has said is urgently needed, the backlogs will continue, and it is likely that in fi ve years’ time, we will no longer have a criminal justice system worthy of the name.

The government response sends a clear message that the Ministry of Justice is simply not serious about tackling that crisis. While of course the proposed investment in police station and magistrates court work is much needed, the overall package is woefully short of the minimum identifi ed as necessary to keep the network of criminal defence services functioning. It is no good just part of the system being economically viable if the whole system is not.

The number of criminal legal aid fi rms has almost halved in the last 15 years, and Law Society research shows that duty solicitors are ageing and increasingly scarce in some parts of the country. In a growing number of counties, there are no duty lawyers under 35 years of age doing this work – the criminal defence lawyer is becoming extinct before our eyes.

When considering whether to take up new criminal legal aid contracts, members will need to think long and hard as to whether they believe there is now any prospect of a viable economic future in criminal legal aid. that the government meets the bare minimum required to keep the wheels of justice moving and delivers a new package on criminal legal aid.

You may have read that barristers voted to institute a “no returns policy”. The Law Society has provided guidance on the position of criminal defence solicitors on the situation which can be found on the Law Society website.

Ukraine

Following the outbreak of hostilities in February, the Law Society issued a statement condemning the invasion and off ering support to the people of Ukraine. At the same time the Law Society contacted two organisations representing Ukrainian lawyers, the Ukrainian National Bar Association and the Ukrainian Bar Association to off er support. The Law Society is in contact with a number of pro bono initiatives being set up by members, and is also signposting interested members to these through its website.

Defending the Reputation of the Profession – Accusations against Law Firms and Solicitors There has been signifi cant media and political attention, and negative coverage, directed at the profession with some solicitors and law fi rms named publicly. The Law Society has been clear that the right to legal representation is a sacrosanct principle of the rule of law. The Law Society approached the law fi rms particularly aff ected by the negative publicity to off er support. This was well-received. The Law Society has also been working with 21 UK law fi rms which previously had offi ces in Russia. There are now none and most of those who have left cited incompatibility between the Russian government’s actions and their fi rms’ values as the reason for leaving.

UK Sanctions Regime and other Government Actions The Law Society off ered to assist the UK government in designing and implementing a

tight and enforceable sanctions regime. The Law Society also worked quickly to ensure that members were kept informed and regularly updated guidance is available on the Law Society website. The Law Society is continuing to engage with all the relevant government agencies involved in the sanctions regime and its ongoing development.

Support for Firms with offices in Ukraine and Russia There were three firms with offices in Ukraine all of whom have closed their offices with support from the Law Society. They have also taken steps to support their colleagues, including offering relocation to a safe country as well as maintaining contact with staff still in Ukraine.

Wales

The Law Society Wales office is providing the secretariat to the newly formed Law Council of Wales and the Law Society’s head of Wales, Jonathan Davies, has become General Secretary to the Council. Lord David Lloyd-Jones has been voted in as the inaugural President.

Council was addressed by Mick Antoniw MS, Counsel General for Wales, who emphasised the evolving nature of Welsh devolution and the increasing development of a separate law jurisdiction. Council also heard from the chair and vice-chair of the Law Society’s Wales Committee confirming that the Law Society is actively reviewing how it can most effectively respond to these emerging developments.

International

Further resources are becoming available for solicitors travelling on business to Europe as the EU Commission has agreed to expand its online portal and the Law Society is updating its own guidance. The Commission has told the UK government that it is working to publish countryspecific information on business visits to the EU under the “International service provider” section of its Immigration Portal, details of which can be found at https://ec.europa.eu/immigration/ index_en. A section is available for each member state by clicking on the interactive map.

This follows the UK government raising with the Commission (at the Law Society’s request) the importance of complying with the transparency commitments under the EUUK Trade and Cooperation Agreement (TCA). Article 145 of the TCA commits the UK and EU to “make publicly available information on relevant measures that pertain to the entry and temporary stay of natural persons of the other Party”, including documentation required and conditions to be met.

Member States, including Belgium, France, Spain and Austria, have published information in line with Article 145, and the Law Society will continue to monitor the page to ensure the others follow suit. Meanwhile, the Law Society is also working to expand country specific information for business visits to Belgium, France and Germany following a meeting held on 15 March 2022 with immigration experts.

Cybersecurity

A new questionnaire designed to help law firms better assess the cybersecurity arrangements of the Chambers whose barristers they instruct was launched by the Law Society on 25 March 2022. The standardised form has been devised by a joint Law Society of England and Wales and Bar Council working group, representing barristers, leading law firms and IT professionals working in Chambers.

Law firms and Chambers are potential targets for the ever-growing threat from cyber criminals. Because the Law Society has developed this questionnaire in partnership with the Bar Council, solicitors can be confident that the Chambers they instruct should feel comfortable completing it.

No one tool can offer complete protection against cyber threats so firms will need to continue to take other precautions, but the development of the questionnaire is to help reassure clients that their data is being kept as securely as possible, and to make it easier for solicitors and barristers to defend themselves against cyber-attacks. The questionnaire and further details can be found at www.lawsociety. org.uk/topics/cybersecurity/informationsecurity-questionnaire.

IF THERE’S ONE THING I NEED YOU TO DO PLEASE …

Practising Certificate Fee Consultation and The Law Society’s New Corporate Strategy

The Law Society has launched a consultation to help shape the direction it takes over the next three years. The Law Society represents, supports and protects the interests of over 200,000 solicitors as well as promoting access to justice and upholding the rule of law nationally and internationally. The fees paid by individual solicitors, or by their employers on their behalf, are the main source of income for the Law Society and will determine what can be achieved on behalf of the profession.

I am due to become President of the Law Society in October 2022 and will be launching the Law Society’s Corporate Strategy over the next 3 years. I would really like to hear the views of SPG members about the Law Society’s vision, objectives and what you would like to see us doing over the coming years. It is important that the Society has sufficient funding to make sure it is able to carry out the work that needs to be done.

Please make your views heard by completing a short survey by 27 May 2022. It will only take 5-10 mins and can be found on the Law Society website at www.lawsociety.org.uk/membership/ practising-fee-certificate. The Law Society supported members during the pandemic and it now needs members to support it to be able to deliver for them over the next 3 years.

Please do have a look at the Law Society website for further information about the work of the Society and events (many of which are free). Please also register on ‘My Law Society’ on the website if you have not already done so. This will allow you to vote in elections and receive updates on matters of interest to you. It will also enable you to access ‘Law Society Connect’ which is a popular online secure private portal for sole practitioners and small firms to chat, 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 07980 725626.

Lubna Shuja

Vice-President of the Law Society of England and Wales SPG Law Society Council Member Member of the Law Society Board 8 April 2022