TO INSPIRE TO PROMOTE TO LEADSUPPORTING SOLICITORS IN SOLE PRACTICE
SPG Top Table Event 2023
Artificial Intelligence…Friend or Foe?
Hanbury Manor, 25th November 2023
IN THIS ISSUE:
New SPG events discount scheme
New SPG Vice Chair
Why Become a Notary Public?
spg.uk.com
solo
Summer 2023
SPG Notice
It has come to the attention of the SPG Executive Committee that Clive Sutton has recently sent out correspondence to Group members holding himself out to be Honorary Secretary of the Group.
The SPG Executive Committee confirms that following an investigation by the Conduct Committee, Clive Sutton has been removed from his position as the Group’s Honorary Secretary, and as an Executive Committee member and as such is not permitted to participate in any SPG Group business, events, or hold himself out as a representative of the SPG.
solo
contents summer 2023 Published by: EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral, Merseyside CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk Advertising Simon Castell Editor Sukhjit Ahluwalia Editorial Team Sheila Mann Layout David Coffey, East Park Studio Accounts Tony Kay Published Summer 2023 © East Park Communications Ltd. Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press. FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA 4 From the Chairwoman 5 From the Editorial Team 5 The Legal Sustainability Alliance 6 Honorary Secretary’s Report Summer 2023 6 SRA & SPG Meetings 7 Deciding to retire early - how does that affect pensions in divorce cases? 8 Hanbury Manor SPG Top Table Event 9 Things to do near Hanbury Manor 10 Hanbury Manor SPG Top Table Event: Ticket information 11 Ten Top Reasons to attend the SPG Top Table Event 2023 11 SEVA Street 12 Get to know the Exec Team - Rahil Chaudhari 14 Get to know the Exec Team - Chaman Balu 14 Welcome to our New Executive Committee Member 15 SPG Executive Committee 2023 16 AI and the SQE 16 Algorithmic Discrimination 18 AI in the Legal Profession 19 AI in Daily Life 20 Vienna SPG Annual Conference 2023 22 Finally, some reasons to be optimistic about Professional Indemnity Insurance 23 Are you a procrastinator? 24 Health & Wellbeing 26 Green Bananas, Legal Articles, and Growing Your Law Firm 30 The continuing challenges of professional indemnity insurance renewal 31 Legal Aid in the UK 32 Be in the Spotlight! 33 Why Become a Notary Public? 36 Parentage via sperm donation and the matter of “consent” 38 Meet the Heir Hunter
Committee 6th August 2023
The SPG Executive
From the Chairwoman
Vienna is a beautiful and interesting city and our members, and their guests had time to both participate in the conference and also enjoy exploring all that Vienna had to offer. The Hilton hotel looked after us very well and members enjoyed its facilities.
The theme of the conference was Change in a Changing Profession and the speakers who attended addressed different aspects of this theme. Although there are changes affecting sole practitioners, with this comes new opportunities too.
The conference started with some uplifting songs from the very talented Adenike Adewale
Our keynote speaker, Deputy High Court Judge Margaret Obi, gave an inspiring speech about the need for more diversity in the judiciary as it is important to the rule of law, and gave our members useful tips to assist when making an application to become a Judge. The President of the Notaries Society spoke on the opportunities for our members in this often overlooked but interesting area of law.
Danny Seaman from Lockton talked members through the process of obtaining an insurance quote, and explained how Lockton are able to assist members in completing paperwork to ensure you get the best possible quotes.
Michelle Peters gave workshops on how members can grow their businesses with a further workshop taking place at the Top Table Event in November this year.
Charlène Gisèle gave members an inspirational talk on improving the home/work life balance and how important rest is to be maintaining and improving efficiency. I know SP’s will often work late into the night and at weekends, and I am as guilty of this as any.
Both I and the Executive Committee welcomed our members at the SPG’s 26th Annual Conference in Vienna which was held on 9th June - 11th June 2023. I would like to thank our sponsors, in particular our gold sponsor Lockton for supporting us in this.
Buki Mosaku gave a very thought-provoking talk on unconscious bias. Shaman Kapoor talked about his role as a barrister and dealt with the ripple effect of the Belsner case and the need for us to have our client retainers checked.
Top Table Event
Last year’s Top Table event was a great success, and our 2023 event will be even better.
This year’s Top Table Event is being held in the beautiful surroundings of the Hanbury Manor Marriott Hotel & Country Club in Ware, Hertfordshire, a Jacobean country manor five-star hotel.
At the event you will sit at the ‘Top Table’ and engage with heads of our regulatory and representative bodies, including the SRA, the Law Society, LeO and the Legal Services Board as well as key industry leaders.
Guests of members are welcome, and they will be able to enjoy the spa facilities offered by the hotel and explore the surrounding area as well as join us at the fun, informal dinner following the event
The member ticket price is all inclusive and covers all refreshments throughout the day, lunch, pre-dinner drinks, 3 course evening dinner with dancing, overnight stay (double room for single occupancy) and breakfast the next day. Guest tickets can also be purchased which will include overnight stay in your room, dinner seat, breakfast and use of facilities.
Members are already booking. You can book by visiting www.spg.uk.com/top-table-event-2023
As this event is a business event speak to your accountant about it being tax deductible!
Engagement with Regulators and the Profession
We are keen to promote the SP Brand and we
continue to engage with our Regulators on issues concerning our members.
To this end, we continue to meet and engage with the SRA in particular on a regular basis.
We are currently addressing the issue of how best to deal with the unregulated sector and how best to increase consumer protections in this regard.
Solicitors Indemnity Fund (SIF)
This still remains an important issue for our members though there is no update at this time as the SRA are still seeking implementation in October 2023. We will continue to keep members updated.
Engagement with Members
We continue to maintain contact with our members via Mail Chimp notifying you of seminars, consultations and other items that may be of interest you.
We will be contacting shortly you via Mail Chimp to obtain your views on the concerns you have including with the unregulated sector.
The SPG website’s members private interactive forum is live and can be accessed here www.spg.uk.com/forum
As it is a private member only forum, you will need to first register to access it. Members can engage with each other and access useful information in their areas of practice as well as other areas.
Committee Attendees
If any SP member would like to attend the National Executive Committee meetings as an observer, or are interested in becoming a committee member, please contact me at joanna@spg.uk.com
Joanna Connolly SPG Chair
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From the Editorial Team
Attending my first SPG Annual Conference
to use a well-known phrase, I have to say “Man of the match” has to go to Sukhjit Ahluwalia, the recently appointed Conference & Events Organiser. I’ve never seen a man wear so many hats in three days, he organised, co-ordinated, never took his eye off the ball once, and compared the Saturday night Masquerade Gala Ball like a pro! He doesn’t know it yet, (he might now) but I’ve nick named him Duracell (other batteries are available), that man never ran out of energy.
Well, what a success the first SPG Annual Conference abroad, since the dreaded Co-vid19 hit us, in what seems a lifetime ago now, was!
It was the first Annual Conference I had attended, and it took a huge team effort to pull it off, but
There were a few surprises for me, one being, Rahil Chaudhari – the new SPG Vice Chair, who was probably the best after dinner speaker ever, much to the delight of the attendees, he started his speech during the main course, ripped up his notes, spoke from the heart and didn’t waste precious dancing time! Me thinks he might just get that job again.
Another was seeing the other side of the attendees, and the Executive Committee I may add. During the day I watched them soak up the knowledge and information given during the conference sessions and listened to their serious discussions on legal matters. I already know the training they go through and how hard they work, including giving up their free time to keep themselves updated on what is new in Legalese. What I didn’t know was how much fun they were. It was fabulous to watch them all have such an enjoyable time in the evenings, laughing and dancing well into the early hours of the morning. It really was like being at one big family party!
Sheila Mann Editorial Team
The Legal Sustainability Alliance
I was reading an interesting article on why sustainability is at the forefront of the legal industry, on the Obelisk Support website, extract from the article is below: -
“As a Geography graduate and future trainee solicitor, I am interested to know how the legal industry is impacted by this shift toward more sustainable pathways. While I am passionate about creating a world that is safe and habitable for future generations, I am also fascinated by the new challenges and opportunities that a sustainable future brings for lawyers. There is more than just an ethical responsibility for lawyers to take note of the current climate agenda. In this blog, I will demonstrate why I believe that every lawyer should be concerned with being more sustainable and keeping informed on the latest developments regarding climate action.” Obelisk Support blog, Obelisk.com
If you wish to read the article in full you can access it at: www.obelisksupport.com/thinking/ blog/why-sustainability-is-at-the-forefront-ofthe-legal-industry
In the article there was a link to the Legal Sustainability Alliance (LSA)
The LSA is a collaborative network providing advice, information and resources, it is run by law firms for law firms and the LSA leads the legal sector as it transitions to net zero working. They
are open to all law firms, schools of law and in house counsel.
If you are interested in finding out more about the LSA can be found on their website at the following address: www.legalsustainabilityalliance.com/
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(The only not-for-profit sustainability network run by law firms for law firms.)
Honorary Secretary’s Report Summer 2023
promoting a responsive and agile approach to emerging issues.
2. Focus: With a reduced board size, there is a heightened focus on key priorities, allowing for a more targeted and impactful strategy.
3. Cost Savings: By optimising the board's composition, we have successfully reduced administrative expenses, ensuring financial stability.
Enhanced Member Engagement:
we aim to secure additional sponsors who share our vision and values.
2. Professional Development Programs: We will be introducing new and exciting professional development initiatives to empower our members with the latest industry knowledge and best practices.
In this report, I will provide an overview of the recent changes and developments within the Solicitors Sole Practitioners Group. As the Honorary Secretary, I would like to highlight the efforts made to enhance the group's efficiency, focus, and financial sustainability. These changes were implemented to adapt to the dynamic business landscape and further strengthen our position within the legal community.
Executive Board Restructuring:
Recognising the need for agility and cost-saving measures, the Executive Board underwent strategic restructuring. The board's size has been reduced, transforming it into a leaner and more efficient governing body. By streamlining decision-making processes, the board can respond promptly to challenges and opportunities, enabling the group to be more adaptable and proactive.
Agreements with Gold Sponsor - Lockton:
One of the significant achievements of the Solicitors Sole Practitioners Group is the establishment of new agreements with our Gold Sponsor, Lockton. These agreements mark a milestone in our partnership, ensuring mutual benefits and support for each other's goals. Lockton' continued sponsorship is a testament to the value they see in our organisation and the services we provide to our members.
Benefits of Restructuring:
The restructuring of the Executive Board has already demonstrated several advantages, including:
1. Efficiency: Decisions are made more swiftly,
In addition to the restructuring, we have implemented measures to enhance member engagement and participation. Regular feedback surveys, interactive events, and networking opportunities have been organized to ensure that our members' voices are heard, and their needs are addressed effectively.
Future Outlook:
Looking ahead, the Solicitors Sole Practitioners Group aims to capitalise on the positive momentum created by these changes, we plan to:
1. Expand Sponsorship Opportunities: Building on our successful partnership with Lockton,
3. Increased Advocacy Efforts: As the voice of sole practitioners in the legal community, we will continue to advocate for their interests and needs, fostering a supportive and inclusive environment.
In conclusion, the recent changes within the Solicitors Sole Practitioners Group, particularly the Executive Board restructuring and new sponsorship agreements, have set the stage for a more focused, efficient, and financially sound organisation. By remaining responsive to the evolving needs of our members, we are confident in our ability to strengthen our position as a leading association for sole practitioners in the legal profession.
Tahira Shaffi Honorary Secretary.
SRA & SPG Meetings
There has not been a joint meeting since the last one was reported on in the Spring edition of Solo, for the next one, the SPG will be including on the agenda, amongst others, further discussions on PII.
The SPG will also be raising the issue of Conveyancing, with regard to Estate agents and Solicitors referral fee arrangements, and the perception of a lack of transparency within this practise.
As part of our services in supporting Sole Practitioners, members of our Executive Committee hold regular meetings with the Solicitors Regulation Authority, often in Birmingham, and sometimes in London or online.
In the next edition of Solo, we will be able to give an update on how things have progressed since the last meeting and actions taken on the agenda items in that, and the next meeting.
Sukhjit Ahluwalia SPG Marketing Officer & Events Organiser
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Deciding to retire earlyhow does that affect pensions in divorce cases?
Let's look at 2 hypothetical cases.
Mr and Mrs Smith decided not to invest in pensions. They bought Buy to Let properties as investments for their retirement, and at the date of their separation these were worth a net equity of £750,000.
Mr and Mrs Jones invested their money in a pension, all of which was in Mr. Jones’s name. At the date of separation, the capital value was £750,000.
Both Mr. Smith and Mr. Jones wanted to retire early at 58.
Mr. Smith agreed that if he took some share in the properties now, his wife would be entitled to the same share as him.
But Mr. Jones insisted that he could choose to retire early and take the pension income without any immediate resulting entitlement for his wife.
Both parties in both marriages worked full time and had approximately equal incomes, so spousal maintenance was not an issue.
But was it fair that Mister Jones should take income, reducing the pension pot, just because he decided to retire early?
Mr and Mrs Jones were unable to agree a settlement and the case went to trial, resulting in Mr. Jones taking two years of pension income before the court case. His solicitor insisted he was entitled to retire when he wished, and an equalising pension sharing order should only relate to the remaining capital value at the date of the trial.
In a case like this which I conducted on behalf of the wife, the experienced District Judge was scathing about the husband’s attitude. He found that there was no difference in the way in which property or pension entitlement accrued, both were equal after a long marriage. And although of course the husband could retire when he wished, the wife did not effectively have to fund him by losing half of his drawdown.
My client was understandably relieved and now looks forward to a comfortable retirement when she intends to stop working at her state retirement age.
Pensions in divorce are complex and frequently the largest assets to be divided. They must be dealt with fairly, and the recommendation of the Pensions Advisory Board is that where there is a fund of over £100,000 in question, then a formal report from a pensions expert should be obtained.
A solicitor can then help you ensure a fair division between husband and wife, which is usually agreed by consent once a report has been obtained.
Penny Raby & Co deal with such cases regularly and we will be happy to discuss your divorce problems in an initial telephone call free of charge. Phone 01386 555114 and make a telephone appointment to speak to Mike Gordon.
Penny Raby
Penny Raby & Co
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Hanbury Manor SPG Top Table Event
Artificial Intelligence… Friend or Foe?
Have you attended one of our top table events before? If not, let us give you an outline of the whole day and what you can expect.
The event will be held in the beautiful surroundings of the Hanbury Manor Marriott Hotel & Country Club in Ware, Hertfordshire, a fabulous Jacobean country manor fivestar hotel situated in over 200 acres of lush Hertfordshire parkland to give us all that feeling of ‘getting away from it all’.
Purposely designed as a small and intimate conference to allow members to interact closely with the key industry leaders and heads of our regulatory and representative bodies. As always there will be various opportunities to network with them and the SPG Executive Committee Team and other Sole Practitioners..
Listen to our panel guests and speakers share important updates that directly impact Sole Practitioners.
Have your chance to communicate, ask questions, get clarity on any burning issues you are facing in your practice directly from these industry leaders.
We have packed the day out to ensure you get the most out of the day.
We kick off at 10:00 hrs with registration, refreshments and the chance to network with the Executive Committee, Panel Session Speakers, Seminar Speakers, our Sponsors and Exhibitors and other Sole Practitioners..
The morning will consist of the usual welcome from our Chair and other leaders.
A Panel Session on “The Burning Issues in the Profession” will take place where the heads of our regulatory and representative bodies will give you any pressing legal updates you need to be aware of and cover any pre-submitted topics or questions.
We then move into the Top Table Sessions, where you will spend 40 minutes on each table in a small, intimate group setting speaking to the head of that table about any issues / challenges you are facing.
After 40 minutes you will move onto your next choice of table and so on.
There will be a break for lunch, and then the Top Table Sessions will continue.
In the afternoon there will be a Panel Session on “AI Regulation and in practice”
25th November 2023 HANBURY MANOR WARE, HERTFORDSHIRE
LISTEN TO OUR PANEL GUESTS AND SPEAKERS SHARE IMPORTANT UPDATES THAT DIRECTLY IMPACT SOLE PRACTITIONERS.
The evening Gala Dinner starts at 18:30 hrs with a drinks reception, followed by a 3-course meal, auction, raffle and the infamous SPG disco with plenty of time for dancing.
You are free to use the 5* hotel facilities and if you wish to stay any additional nights to enjoy a nice weekend break, you can do that too.
Another bonus is the fact that this conference is Tax deductible – speak to your accountant about it, and it counts towards demonstrating your ongoing professional learning.
To book your tickets now, go to our website www.spg.uk.com and follow the link.
Sukhjit Ahluwalia SPG Marketing Officer & Events Organiser
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Things to do near
For those of you who wish to spend the weekend at Hanbury Manor and bring the family, there are plenty of things to do for everyone.
Besides being able to enjoy the golf facilities, Hanbury Manor has a Spa and Fitness Centre, a lovely swimming pool and within a 5-mile radius you will find:
★Edge Outdoor Activities
A family run outdoor activity centre, set in the beautiful Hertfordshire countryside. Tackle one of the largest High Ropes courses in the county, overlooking three spectacular lakes and rolling hills and much more.
★Artshed Arts
Artshed Arts is Hertfordshire’s leading creative arts centre. Offering a wide range of workshops and courses for adults and children, beginners through to advance levels of tutoring in pottery, fused glass, lamp work, paper crafts, textiles, drawing, life drawing, fine art, painting and pot throwing on the wheel. They also have a gift shop selling local artists work and have a lovely refurbished drop-in crafts space offering painting on pottery, pebble painting, decoupage and canvas art.
★Top Events GB
The Edge Outdoor Activity zone with the Westmill Farm leisure complex. Aerial Adventure high & low ropes course, Off-Road Segway rides, Climbing Wall, Target Archery, Air Gun, Target Paintball & Laser Clay Pigeon shooting. Fun for individuals, families, children's parties, youth, adult and corporate groups.
These activities are only a few within easy access of Hanbury Manor, there are plenty more things to see and do close by.
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Hanbury Manor
SPG Top Table Event
Artificial Intelligence… Friend or Foe?
Due to the outstanding success of our Top Table event 2022, the SPG Executive Committee have agreed that the Top Table event will be held annually. This year it will take place on Saturday 25th November 2023.
Purposely designed as a small and intimate conference to allow members to interact, communicate, ask questions, and get clarity on any burning issues that they are facing in their practices, directly from key industry leaders and heads of our regulatory and representative bodies. The event will be held again, in the beautiful surroundings of the Hanbury Manor Marriott Hotel & Country Club in Ware, Hertfordshire, a fabulous Jacobean country manor five-star hotel situated in over 200 acres of lush Hertfordshire parkland to give us all that feeling of ‘getting away from it all’.
The member ticket price is all inclusive and covers all refreshments throughout the day, lunch, pre-dinner drinks, a 3-course evening dinner with dancing, overnight stay (double room for singly occupancy) and breakfast the next day.
Additional guest tickets can also be purchased which will include an overnight stay in your room, dinner seat, breakfast, and use of facilities.
As this event is a business conference, speak to your accountant about it being tax deductible, we all need to save money where we can! It will also count towards your on-going professional development.
New regular attendees discount!
As a special thank you to the members of the SPG family who regularly attend the SPG events we have introduced an additional discount, as follows:
★Silver
10% discount for members who have attended an event in the last year.
★Gold
15% discount for members who have attended the last three consecutive events.
★Platinum
20% discount for members who have attended the last five consecutive events.
For members who qualify for the above discounts, you will be receiving a personal email with your special discount code.
Also new for this year is the option for nonmembers to attend the event.
This year’s ticket options are: member all inclusive ticket: £410.00
This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities.
early bird member all inclusive ticket: £310.00
This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities.
guest all inclusive ticket: £105.00
This ticket includes: Gala dinner, an overnight stay in the same room as a full paying member and breakfast the next day, access to hotel facilities. conference & dinner ticket: £170.00
This ticket includes: Entry to the conference, gala dinner.
conference only ticket: £150.00
This ticket includes: Entry to the conference. dinner only ticket: £55.00
This ticket includes: Gala dinner. non-members ticket: £510.00
This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities.
Book using your PayPal account and you may have the option to spread the payments. Early bird tickets on sale now, go to spg.uk.com/ top-table-event-2023 to book!
● First come, first served, with regards to Top Table choices.
● Places are limited, grab yours now to avoid disappointment.
● This really is an event not to be missed!
We will continue to add more information to our website, spg.uk.com
Sukhjit Ahluwalia SPG Marketing Officer & Events Organiser
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Ten Top Reasons to attend the SPG Top Table Event 2023
1
2
Full day conference, refreshments, gala dinner AND an overnight stay.
Cheap as chips! Early Bird members ticket £310 (all inclusive) – full price £410.
3 Sit face to face with the heads of our regulatory and representative bodies.
4 Opportunity to find out how AI is going to affect you in the future.
5 Get clarity on any burning issues you are facing in your practice.
6 Celebrate diversity in the profession.
7 Tax deductible – speak to your accountant.
8 Counts towards your ongoing professional learning.
9 Beautiful 5* venue including use of facilities.
10 Work on your business, rather than in your business for 1 full day.
The Early Bird ticket price of £310, is for a limited time only.
Book using your PayPal account and you may have the option to spread the payments.
SEVA Street
Serving with love
As you are aware one of the charities that the SPG support is SEVA Street, and as our members so generously give donations by purchasing raffle tickets and bidding in auctions at our events, we thought we would let you know a little more about what SEVA Street does and where the monies they receive is spent.
Seva is an ancient Sanskrit word that describes the act of selfless service.
SEVA Street is a non-profit organisation, sprung from the urgent and growing need to help and support rough sleepers in and around Stratford, East London. Registered charity No.1180811.
Love All, Serve All
SEVA Street isn't affiliated to any faith, religion, race or political ideology and volunteers come from all ethnicities and backgrounds. There isn’t an agenda, apart from helping and supporting those in need. Activities - how the charity spends its money SEVA Street strive to raise awareness of Rough Sleepers; they provide hot nutritious vegetarian food on a Wednesday at Stratford and Ilford.
This is a small intimate event, and spaces are limited, and when they’re gone…..they’re gone!
Please visit our website www.spg.uk.com/toptable-event-2023 to book your tickets now.
They also provide snacks, hot and cold drinks, clothes and hair and facial beard trimming.
The ever-expanding teams of volunteers set aside time every week to prepare large quantities of tasty, wholesome vegetarian meals and to then go out into the streets to set up serving tables to distribute to the destitute, homeless and hungry.
With an original target of fulfilling 20,000 meals, they have delivered over 200,000 meals since March 2020!!!
If you wish to find out more about the charity, volunteer, or how you could support/donate the work they do, not just money, but time and essential items that are needed, please go to: www.sevastreet.org/serving-with-love
Sukhjit Ahluwalia Chairman & Founder of SEVA Street. SPG Marketing Officer & Events Organiser.
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Get to know the Exec TeamRahil Chaudhari
In each edition of our SOLO Journal, we ask one of the Executive Committee Team a range of 10 random questions so that you can get to know them better. In this edition of Get to Know the Executive Team we speak to Rahil Chauhari, of Arlingsworth Solicitors and our new Vice-Chair, to understand what motivates him, what his first job was, and who his hero is.
WHY LAW?
I always enjoyed analysing things as a child, so when it came to choosing a career, I chose law so that I could make use of my analytical skills in a positive way.
WHAT IS YOUR FAVOURITE THING ABOUT YOUR CAREER?
No one day is the same, you don’t know what or who you are going to deal with each day, and it’s very satisfying to solve problems for your clients.
WHAT MOTIVATES YOU?
Being a lawyer means that I can contribute towards society in a meaningful way.
WHAT DID YOU WANT TO BE WHEN YOU WERE A CHILD? A lawyer or working in a creative environment.
WHAT WAS YOUR FIRST JOB? A bartender.
IF YOU COULD MAKE ONE RULE THAT EVERYONE HAD TO FOLLOW, WHAT RULE WOULD YOU MAKE? Always be glamorous.
WHO IS YOUR HERO? WHY?
Joan Collins, because of her old Hollywood glamour, her work ethic and at 90 she still embraces life to the full.
IF YOU COULD BRING BACK ONE TV SHOW THAT WAS CANCELLED, WHICH ONE WOULD YOU BRING BACK? Dallas.
WHAT THREE ITEMS WOULD YOU TAKE WITH YOU ON A DESERTED ISLAND?
A shoe trunk, a vanity box with creams and sun cream, and a nice silk dressing gown.
WHAT IS THE MOST ANNOYING QUESTION THAT PEOPLE ASK YOU? What made you go into law?
Welcome to our SPG Vice Chair
On behalf of the Executive Committee and myself, it gives me great pleasure in welcoming Rahil Chaudhari as our new Vice Chair of the SPG. Rahil who has been a member of the SPG Executive Committee since 2013, will take over as Chair of the SPG, when my current term ends.
In the 10 years that Rahil has been a member of the Executive Committee, he has worked extremely hard for the benefit our members and I know he will continue to do so. He will bring a wealth of knowledge, alternative thinking and a different perspective in his role of Chair.
Joanna Connolly SPG Chair
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Get to know the Exec TeamChaman Balu
In each edition of our SOLO Journal, we ask one of the Executive Committee Team a range of 10 random questions so that you can get to know them better. In this edition of Get to Know the Executive Team we speak to Chaman Balu, our newest member, of CLB Lawyers, to understand what enticed him into the world of Law, what motivates him, what his first job was and what job he would be terrible at.
WHY LAW?
I enjoy helping elderly clients plus, doing only private client work enables me to be more selective.
WHAT IS YOUR FAVOURITE THING ABOUT YOUR CAREER? Being self-employed, I couldn’t work for anyone!
WHAT MOTIVATES YOU?
My work, the fact that I successfully run two law practices has been my biggest achievement.
WHAT DID YOU WANT TO BE WHEN YOU WERE A CHILD? Teaching.
WHAT WAS YOUR FIRST JOB? Self-employed shop keeper.
WHAT ARE YOU INTERESTED IN THAT MOST PEOPLE HAVEN’T HEARD OF? History.
WHAT JOB WOULD YOU BE TERRIBLE AT? Being a Chef!
WHAT’S SOMETHING YOU LIKE TO DO THE OLD-FASHIONED WAY? Seeing my clients face to face – as some of my clients struggle to do zoom meetings.
WHAT HAVE YOU CREATED OF WHICH YOU ARE MOST PROUD? My Law practice.
WHAT THREE WORDS BEST DESCRIBE YOU? Honest, caring, proud.
Welcome to our New Executive Committee Member
In January this year we welcomed a new Executive Committee Member to the team, Chaman Balu He had put forward a request to come and spectate at an Executive Committee Meeting.
Executive Committee Meetings take place quarterly, and Chaman attended the January meeting, and was elected to the Committee. It was clear that he would bring a wealth of knowledge, alternative thinking and a different perspective to an already diverse Executive Committee Team.
Having qualified as a solicitor in India in 1983, one would say that his journey has been a challenging one! Having settled in England, raising a young family and running grocery shop he found himself wanting to go back to what he had studied so hard for at Punjab University Chandigarh, Punjab, India
In 1993, Chaman joined Staffordshire University Law School and began his conversion qualification the CPE and then the Legal Practice
Course. In all, this took until 1996. Once he had qualified it took a further few years before he found a firm that would give him the opportunity to complete his articles and he qualified as a solicitor on 01/06/2004.
It wasn’t until 01/08/2005 that Chaman finally became self-employed the irony being that he bought the firm of Caswell, Lane & Bowater trading as CLB Lawyers which is also the initials of Chaman’s name - it was fate!
Since then, Chaman has gone on to expand that firm which already had three firms under it, to buying Dean & Co., in 2015, which had two branches under its umbrella. A further opportunity allowed him to expand his firm to two branches so, on 01/10/2020 he bought his new branch office which was originally known as Barry Green Solicitors.
The success of Chaman’s firm has allowed him to expand his workforce and enabled him to allow other solicitors to train with CLB
Lawyers. The main areas of work are Residential Conveyancing, Wills, Probate, Commercial Property leases, buying and selling Business, and their work is all private client based.
Chaman very much works in a calm, collected manner and luckily the ethos within the firm has the same calibre of staff. Having built up a good reputation in the area of Dudley, West Midlands the work coming into the firm is very much an existing loyal client base and ‘word of mouth’ which Chaman is extremely thankful and proud of.
Chaman has said that it is a privilege to be joining as an Executive Committee Member of the SPG and he hopes to add his experience and expertise to the Group.
If you would like to request to attend an Executive Committee Meeting, please email info@spg.uk.com
Jo Connolly SPG Chair
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Sole Practitioners Group
Executive Committee 2023
JOANNA CONNOLLY
Chair
Joanna is well known as an expert in the complex field of consumer credit law. She is a Solicitor Advocate and qualified to represent clients in the Higher Courts. Joanna’s experience and passion for helping people is reflected in her exceptionally high success rate. Joanna and her team run a thriving practice dealing with clients from all over the country. Hers is the ‘go-to’ consumer credit defence firm in the UK.
Tel: 0330 053 9340
Email: joanna@spg.uk.com
Joanna Connolly Solicitors
33 Cheadle Avenue • Liverpool • L13 3AE
RAHIL CHAUDHARI
Vice-Chair
Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and trained and worked 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 specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas, his client base spans a wide range of sectors from multinational companies to private individuals.
Tel: 01273 696 962
Email: rahil@spg.uk.com
Arlingsworth Solicitors Ltd
145 Islingword Road • Brighton East Sussex • BN2 9SH
TAHIRA SHAFFI
Honorary Secretary
Tahira has been qualified for 20 years and started as a sole practitioner in 2010 after being made redundant. Working on your own can be a lonely experience but she has found the SPG to be wonderful source of support and friendship. It is important for her that there is an independent body outside of the Law Society working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has many interests outside of the law. Tahira was previously an LEA school governor and has stood as a candidate in the local elections. She is passionate about civic duty and putting something back into the community.
Tel: 0161 222 6092
Email: tahira@spg.uk.com
Mikhael Law
197 Rochdale Road • Bury • Lancs • Bl9 7BB
PENNY RABY
Honorary Treasurer
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 has presented her networking pantomime ‘Snow White and the Seven Small Business People‘ here and abroad.
Tel: 01386 555 114
Email: penny@spg.uk.com
Penny Raby & Co
Harmony House • 7-9 Church Street
Pershore • Worcestershire • WR10 1DT
SUKHJIT AHLUWALIA
Marketing Officer & Conference Organiser
Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal, one to one service through his own practice. He has been based in Goodmayes in Ilford since 2003. Sukhjit likes to get involved in charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private or professional lives. 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@spg.uk.com
Avery Emerson
Gloucester House • 335 Green Lane
Ilford • Essex • IG3 9TH
SARAH AUSTIN
Chair of the Conduct Committee
Sarah Austin is a Sole Principal of her own Lexcel accredited firm, a serial volunteer, and a contributor. Currently, she is a member of the Judicial Appointments Advisory Group, considering selection exercises for fairness and accessibility. She has authored articles, contributed to consultations, committees, boards and working parties, addressing inclusion, social mobility and governance. In addition, she holds statutory appointments for a number of Councils, as their Independent Person, dealing with complaints brought against parish, town and county councillors.
Tel: 0800 377 7716
Email: sarah@spg.uk.com
Austin Solicitors
Building 3, Chiswick Park • 566 Chiswick High Road • Chiswick • London • W4 5YA
CHAMAN BALU
Executive Committee Member
Having qualified as a solicitor in India in 1983, after settling in England and running a grocery shop, I found myself wanting to go back to what I had studied so hard for at Punjab University Chandigarh. In 1993, I joined Staffordshire University Law School. In 1996 I completed my CPE, it took a further few years before I found a firm that would give me the opportunity to complete my articles and I qualified as a solicitor in 2004. I finally became self-employed in 2005, and since then, I have gone on to expand the firm, this has also enabled me to allow other solicitors to train with CLB Lawyers. Our main areas of work are Residential Conveyancing, Wills, Probate, Commercial Property leases, buying and selling Business, our work is all private client based.
Tel: 01384 451731
Email: chaman@spg.uk.com
CLB Lawyers
208 Wolverhampton Street • Dudley • DY1 1ED
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AI and the SQE
The benefits of using AI tools for SQE preparation are clear. They allow students to focus their time and energy on learning the material rather than creating practice questions. This, in turn, helps students to improve their understanding of the law and increase their chances of passing the SQE exams.
One example of an AI tool for SQE preparation is BARBRI. BARBRI is a company that offers a range of legal education courses, including preparation for the SQE exams. Their AI tool, called ISAAC, uses machine learning algorithms to create personalised practice questions for each student based on their strengths and weaknesses.
Paul Phillips, CEO of the Solicitors Regulation Authority said in a recent article by Neil Rose in Legalfutures, “Even if a lawyer can generate a decent legal answer from AI, they still need to be able to assess its validity. They also need the skills to be able to apply that knowledge usefully – from problem solving to being able to build a rapport with a client and understand their needs.”
The SQE is a two-part examination that law students must pass to qualify as a solicitor in England and Wales. The first part of the exam tests students on their knowledge of the law, while the second part assesses their practical skills. It is a rigorous and challenging test, and many students struggle with the volume of information they need to memorize.
This is where AI comes in. Several companies have developed AI tools that can help law students prepare for the SQE exams. These tools use machine learning algorithms to analyse large volumes of legal text and extract key information. They then use this information to generate practice questions that closely resemble those on the SQE exams.
ISAAC has been well-received by law students preparing for the SQE exams. Many have reported that the tool is easy to use and provides them with valuable practice questions that closely resemble those on the actual exams. They also appreciate the personalised nature of the tool, which allows them to focus on areas where they need the most improvement.
However, there are also concerns about the use of AI in legal education. Some argue that relying too heavily on AI tools could lead to a lack of critical thinking skills among law students. They worry that students may become too reliant on AI to provide them with the answers instead of developing their own analytical skills. However,
To address these concerns, it is important to note that AI tools should be viewed as a supplement to traditional legal education, not a replacement. They can be a valuable resource for law students preparing for the SQE exams, but they should not be relied upon solely. Law students should still engage in critical thinking, analyse legal texts, and develop their own arguments.
In conclusion, the use of AI in legal education is on the rise, and law students preparing for the SQE exams are no exception. AI tools can be a valuable resource for students, providing them with personalised practice questions that closely resemble those on the actual exams. However, it is important to remember that AI should be viewed as a supplement to traditional legal education, not a replacement. Students should still engage in critical thinking, analyse legal texts, and develop their own legal arguments.
Joanna Connolly SPG Chair, Joanna Connolly Solicitors
Algorithmic Discrimination
Unlocking Pandora’s Box: Privacy concerns and Legal implications of Artificial Intelligence in the Hiring Process
Introduction:
As employers increasingly adopt new technologies to streamline their employment processes, it is crucial to be aware of the potential repercussions on the privacy of job candidates. Additionally, employers must consider the implications for candidates' protections under the Equality Act, Disability Act, and other employment
laws. This article will provide informative examples and propose solutions to address the privacy concerns and legal implications of incorporating technology into hiring practices.
Privacy Concerns and Indirect Data Collection: New technologies enable the indirect collection of personal information without explicit consent,
raising privacy concerns. For example, data analytics and machine learning algorithms can analyse online activity and publicly available information to infer sensitive details about candidates. A candidate's social media posts might reveal their political orientation or family status, potentially leading to biased decisionmaking during the selection process.
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In recent years, the use of artificial intelligence (AI) has become more prevalent in various fields. The legal profession is no exception. With the advent of the Solicitors Qualifying Exam (SQE) in the United Kingdom, law students are now turning to AI to answer exam questions.
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Solution:
To address these concerns, employers can implement the following measures:
1. Transparent Data Collection: Clearly communicate to candidates what data will be collected and how it will be used during the hiring process.
2. Consent and Opt-Out Options: Provide candidates with the ability to opt out of data collection or give informed consent regarding the use of their personal information.
3. Ethical Algorithm Design: Ensure algorithms used for data analysis are designed to be fair and unbiased, with regular audits to identify and correct any biases.
Implications for Equality and Disability Acts: The Equality Act and Disability Act protect candidates from discrimination based on various factors. However, technology adoption can inadvertently lead to biased decisions and unequal opportunities. For instance, algorithms trained on biased datasets may perpetuate discrimination against certain gender, race, or disability groups.
Solution:
Employers can take the following steps to mitigate bias and ensure fairness:
1. Diverse and Representative Data: Ensure the datasets used to train algorithms are diverse and representative of the candidate pool to reduce biases.
2. Continuous Monitoring and Auditing: Regularly monitor the performance of algorithms to identify and rectify any biases or unintended consequences.
3. Human Intervention: Incorporate human review and decision-making alongside technology to ensure a balanced and fair assessment of candidates.
Employment Law Considerations:
Employment laws protect candidates' rights throughout the hiring process. Employers must adhere to data protection regulations, transparency requirements, and obtain informed consent when necessary.
Solution:
To ensure compliance with employment laws, employers can adopt the following strategies:
1. Privacy Impact Assessments: Conduct assessments to identify potential risks and develop appropriate safeguards for candidate data.
2. Vendor Selection: Choose technology vendors who prioritise data privacy and offer transparency in their algorithms' functioning.
3. Clear Communication: Clearly communicate the purpose, use, and handling of candidate data, allowing candidates to review, challenge, or correct any collected information.
Examples:
1. Example of Bias: An algorithm used to screen
resumes may inadvertently discriminate against candidates with non-traditional names or from underrepresented backgrounds, leading to an unfair selection process.
Solution: Regularly audit the algorithm's performance to identify and rectify any biases. Consider implementing blind recruitment practices where personal information, including names, is temporarily removed from resumes during the initial screening process.
2. Example of Privacy Concerns: Social media monitoring tools may gather information about candidates' political affiliations, sexual orientation, or medical conditions without their consent, violating their privacy rights.
Solution:
Clearly inform candidates about the use of social media monitoring tools and provide an opportunity for them to opt out of such data collection. Limit the use of personal information gathered from social media platforms to relevant and job-related factors only.
Conclusion:
By considering the potential privacy concerns and legal implications of technology adoption in employment processes, employers can implement effective solutions. Transparent data collection, ethical algorithm design, diverse datasets, continuous monitoring, and clear communication are essential to mitigate risks and ensure a fair and compliant hiring process.
Tahir M. Khan Barrister at Clerksroom
Disclaimer: This content is provided free of charge for information purposes only. It does not constitute legal advice for any specific case or cases and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed, or accepted by any member of Chambers or by Chambers as a whole.
© Tahir M. Khan
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AI in the Legal Profession
Artificial intelligence (AI) is already having a significant impact on the legal profession in the UK, and its influence is only set to grow in the future. From assisting with legal research to predicting outcomes of cases, AI is being used to streamline legal processes and improve efficiency. However, there are also concerns about the potential negative impacts of AI, including job displacement and bias in decision-making.
Current Uses of AI in the Legal Profession
One of the most significant uses of AI in the legal profession is in legal research. AI-powered tools can analyse vast amounts of legal data and provide lawyers with relevant case law and precedents. This can save lawyers significant amounts of time and make their research more accurate and thorough. Companies like LexisNexis are at the forefront of AI-powered legal research tools.
AI is also being used in contract analysis and management.
AI-powered contract analysis tools can read and analyse contracts to identify potential risks and inconsistencies. This can save lawyers time and improve the accuracy of contract analysis. AI-powered contract management tools can also help automate the contract review and approval process, improving efficiency and reducing errors.
Another area where AI is being used is in predicting case outcomes. AI-powered systems can analyse past case data and predict the likelihood of success in a particular case. This can help lawyers make more informed decisions about which cases to pursue and how to approach them. Companies like Premonition in the USA and CaseCrunch in Cambridge are using AI to predict case outcomes with varying degrees of accuracy.
AI is also being used in legal process automation. This includes automating repetitive tasks such as document drafting, billing, and filing. This
can save lawyers significant amounts of time and reduce the likelihood of errors. Companies like Casetext are using AI to automate legal processes such as document review and preparation with varying degrees of success.
Future Uses of AI in the Legal Profession
The use of AI in the legal profession is only set to grow in the future. One area where AI is likely to
AI is also likely to have an impact on legal education. As AI becomes more prevalent in the legal profession, law schools will need to adapt their curricula to ensure that law students are prepared to work with AI-powered tools. This may include courses on legal tech and AI ethics.
Positive and Negative Impacts of AI in the Legal Profession
have a significant impact is in dispute resolution. AI-powered systems can analyse case data and suggest alternative dispute resolution methods, such as mediation or arbitration, that may be more efficient and cost-effective than going to trial. This could help reduce the burden on courts and improve access to justice.
Another area where AI is likely to have an impact is in legal analytics. AI-powered systems can analyse legal data and identify patterns and trends that may be useful for lawyers and policymakers. This could help lawyers make more informed decisions and improve the efficiency of the legal system as a whole.
Like any emerging technology, AI in the legal profession has both positive and negative impacts. On the positive side, AI can improve efficiency, reduce costs, and increase access to justice. AI-powered legal research tools can save lawyers significant amounts of time and improve the accuracy of their research. AI-powered contract analysis tools can help identify potential risks and inconsistencies in contracts. And AI-powered dispute resolution systems can help reduce the burden on courts and improve access to justice.
However, there are also concerns about the potential negative impacts of AI in the legal profession. One of the most significant concerns is job displacement. As AI becomes more prevalent in the legal profession, it may be able to perform tasks that were previously done by lawyers and paralegals. This could lead to job losses in certain areas of the legal profession.
Joanna Connolly SPG Chair Joanna Connolly Solicitors
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AI in Daily Life
Artificial intelligence (AI) has become an integral part of our daily lives in the UK and USA. From virtual assistants like Siri and Alexa to personalised recommendations on streaming platforms and social media, AI has made our lives more convenient and efficient in many ways. However, as with any emerging technology, AI also poses potential difficulties and challenges that we must address.
Positive impacts of AI
One of the most significant ways AI is impacting our daily lives is through its use in healthcare. AI-powered systems can help healthcare professionals analyse patient data more quickly and accurately, leading to better diagnoses and treatments. For example, AI is being used to identify cancerous cells in mammograms with greater accuracy than human radiologists. AI is also being used to develop personalised treatment plans based on patients' genetic and medical data.
AI is also changing the way we shop and consume products. E-commerce platforms like Amazon and John Lewis use AI algorithms to recommend products to customers based on their purchase history and browsing behaviour. This helps customers find products that they may not have otherwise considered and can improve the shopping experience. Similarly, AIpowered chatbots are being used by companies to provide customer service 24/7, helping customers resolve issues quickly and efficiently.
Another area where AI is having an impact is in transportation. Self-driving cars are becoming a reality, and companies like Tesla and Google are at the forefront of this technology. Autonomous vehicles have the potential to reduce accidents and improve traffic flow, leading to safer and more efficient transportation systems.
Potential challenges of AI
While AI is making our lives easier in many ways, it also poses potential difficulties and challenges. One of the most significant concerns is job displacement. As AI systems become more advanced, they may be able to perform tasks that were previously done by humans. This could lead to job losses in certain industries, such as manufacturing and transportation.
Another concern is the potential for AI systems to perpetuate and amplify biases. AI algorithms are only as unbiased as the data they are trained on, and if the data is biased, the algorithm will
also be biased. For example, facial recognition technology has been shown to be less accurate for people with darker skin tones, which can lead to discrimination.
Privacy is another concern when it comes to AI. As AI systems become more sophisticated, they will be able to collect and analyse more data about us. This could lead to potential privacy violations if the data is not handled responsibly. For example, voice assistants like Alexa and Siri are always listening, raising concerns about who has access to this data and how it is being used.
Conclusion
Artificial intelligence is already having a significant impact on our daily lives in the UK and USA. From healthcare to transportation to e-commerce, AI is making our lives more convenient and efficient in many ways. However, as with any emerging technology, AI also poses potential difficulties and challenges that we must address. We must ensure that AI is developed and used in a responsible and ethical manner to maximize its benefits while minimizing its potential harms.
Joanna Connolly SPG Chair
Joanna Connolly Solicitors
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E-COMMERCE PLATFORMS LIKE AMAZON AND JOHN LEWIS USE AI ALGORITHMS TO RECOMMEND PRODUCTS TO CUSTOMERS BASED ON THEIR PURCHASE HISTORY AND BROWSING BEHAVIOUR.
Vienna SPG Annual Conference 2023
“Change in a Changing Profession”
Once again, The Solicitors’ Sole Practitioners Group hosted a memorable, educational, and fun conference for our members. It was held in the beautiful city of Vienna.
Our Gold sponsors, Lockton Insurance, supported us with help from the SRA, Leap Legal Software, and a contribution from Crabtree Later Life Mortgages.
Planning for a live conference, abroad for the first time since “Lockdown” has been hard work and has taken a huge team effort, but your Executive Committee Conference team, led by myself, as the new Conference & Events Organiser, pulled it off, being reliably supported by our hugely, appreciated Administrative Team, Anika Holm and Sheila Mann.
As a result, we delivered a highly polished and professional presentation of the business and social programme, which was thoroughly enjoyed by the attendees and speakers alike.
The Executive Committee were delighted to welcome members and speakers, both new and old to share a celebration of our profession and fellowship, and the invaluable information given in the various sessions, held over the weekend, that everyone could take away with them, that
Though we all came back shattered, we are already looking forward to doing it all again next year and plans are under way, hopefully it will be even bigger and better!
Sukhjit Ahluwalia
020
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Finally, some reasons to be optimistic about Professional Indemnity Insurance
As we are well into the summer and past the halfway point in the 2023 calendar year, we are pleased to advise that there is cause for optimism with regards to PII market conditions as we look ahead to the October renewal season.
The vast majority of leading participating insurers have an appetite to actively grow their respective portfolios with the addition of new business. Furthermore, new capacity is set to enter the marketplace before October, meaning firms with a desirable profile are going to have even more insurer options available to them at this year’s renewal.
If we reflect briefly on what happened in the now well-populated recent spring renewal season, although a proportion of insurers did wish to increase rates (albeit more modestly than they have in recent seasons) the majority of insurers’ rates plateaued. This is a reflection of the positive dynamics within the PII marketplace, with more active competition for business.
Extended policy periods also returned to availability, albeit in limited number. Nonetheless, this signals a sea change to recent years. The one slight frustration of the spring renewal season was premium financing, with costs of borrowing increasing throughout the period, largely as a result of macroeconomic factors. We have since seen this continue with a further increase in July. Finance providers were also strengthening their due diligence processes, adversely impacting the speed of decision-making and processing of loans. We anticipate that the due diligence process will become even more stringent as we move into the October renewal.
With the likelihood of the emergence of new insurer capacity on the immediate horizon, coupled with an increased appetite among insurers already active in the market, well-run practices can expect a softening in the rates charged come October. What is not yet known, is how diluted rates will become. We also expect extended policy periods to become more readily available, with insurers once again offering the choice of up to 18 months for a portion of their portfolios. Without wishing to dampen the positive tone of this PII update, the one caveat to give is that the dilution of rates doesn’t necessarily mean that there’s set to be a dramatic reduction of premiums. For many firms, rising inflation has fuelled an increase in fee income, which will naturally have an impact on the premium charged by insurers.
It does mean, however, that for well-run and successful practices, the cost of PII premiums should not erode profit margins further, as it may well have done at recent renewal periods. It will
be of no surprise that the softening of rates may not positively impact the entire legal profession of England and Wales. This is particularly true of practices that have experienced an adverse claims position, and those that are heavily involved in perceived higher-risk practice areas.
Practices should not be complacent, regardless of their profile, and cannot expect premiums to fall without any effort on their part. We cannot stress the importance in providing your chosen representative(s) with the appropriate evidence to share with the underwriters, in order to justify applying positive price corrections. To capitalise on the improving insurance market conditions, our recommendation to you would be to commence the renewal process early. In terms of timescales, we recommend providing the presentation at least six, but preferably eight weeks in advance of your renewal date. We may well be at that point by the time this goes to print, so please see this as a call to arms if you have yet to start on your Proposal Form.
Begin exploring finance options much earlier in the process than you have done so previously, given that the process is longer, and you may need to shop around to get the most favourable terms. Importantly, take time to prepare a quality presentation that provides a positive reflection of your practice.
Remember that approximately two-thirds of the legal profession of England and Wales renew at the end of September, so you will be vying for the attention of the underwriting teams along with a substantial number of your peers. Whilst many insurers will have an increased appetite for business, their underwriting teams will only have a finite amount of time to undertake their risk assessments and will not wish to receive your information piecemeal. No underwriter wishes to read your entire office manual, but they will be keen to learn more about your practice if they are to have the confidence and, importantly, the required evidence, to deploy their company’s capital.
As Danny Seaman outlined in his presentation in Vienna, your renewal presentation is effectively your shop window to insurers, so it is imperative that you use it effectively. With that in mind, we encourage you to make sure your practice stands out from the crowd. Should you have experienced claims, provide a narrative of the situation, along with detail of what measures you have implemented to prevent their repeat. Simply stating that the fee earner responsible for the claims is no longer with your firm is not necessarily what insurers are looking for. Importantly, we encourage you to use this opportunity to help your chosen representative to educate insurers about your firm, what you do, and how you do it.
Consider the fact that specialist underwriters are not solicitors, and although they will understand risk and the ramifications of any mistakes, they may not understand the intricacies of your specialism entirely. At the same time, no two practices are identical, so articulate why you are better. As they say, perception is not always the reality – an underwriter could always form an opinion which is incorrect. And once opinions are formed, they are much harder to change.
Choose your representative wisely, acknowledging the fact that it would not be advantageous to scatter your presentation across the marketplace using too many sources, as this may dilute the good work that you have done to present your practice in a positive light. It is important to know that many leading insurers operate a limited-panel basis. Therefore, there is a possibility that your representative may not be able to reach all of the active participating insurers directly, which may well result in you not being able to achieve the optimum solution possible for your practice.
You will not truly benefit from an improving PII marketplace, should you inadvertently exclude half of the active participating insurers. Before selecting your chosen representative, we would recommend establishing which insurers that they can approach directly on your behalf. Whilst doing so, seek confirmation from your representative that these insurers also have an appetite for a practice of your specific size and profile. Direct access will also ensure that your message does not get diluted or lost in translation due to there being unnecessary links in the chain between you and the insurers.
Lockton would welcome the opportunity to canvass the PII market on your behalf. We have direct access to more active participating insurers than many of our peers, along with exclusive insurer solutions that no other representative can provide. We have also negotiated coverage enhancements (for example reduced run-off premiums) exclusively through Lockton.
For further information, please contact your Lockton contact or any of the team:
Lockton Solicitors solicitors@lockton.com
0330 123 3870
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Are you a procrastinator?
Many of us will be familiar with procrastinating - putting off or avoiding a task that needs to be done. If often seems as if the more we have to do, the more we procrastinate. There are two types of procrastination, active and passive.
Active procrastinators work better under pressure, they may choose to leave a task until it’s right down to the wire because they thrive on adrenaline.
Passive procrastinators do so to the detriment of their performance. According to a 2013 study procrastination has nothing to do with poor time management or laziness, it occurs because of our inability to manage negative emotion surrounding a task, either focused on an aversion to the task itself or because of the feelings the task provokes ‘I can’t write this, I don’t know enough about it, my boss will criticise me.’ These thoughts then make us procrastinate further.
Procrastination is closely linked to perfectionism, low self-esteem, fear of failure or of moving forward in our lives. Often procrastination is a red flag that we are finding it hard to cope, it can be a symptom of an underlying issue such as stress, anxiety or depression.
So, if you are a procrastinator what can you do? Here are some tips.
Practice self-compassion
Be kind to yourself, and don’t beat yourself up for procrastinating. Just accept that you do it. Try and write down some positive things about yourself, perhaps something nice a colleague said to you, or think about a previous time you completed a similar task, and it went OK.
Make a list.
Start by making a list of everything you have to do. Break big tasks into smaller manageable chunks so they don’t feel overwhelming and set realistic deadlines for each task.
Block out time and remove distractions. Estimate how long certain tasks will take and block out time in your calendar to complete them. Work out what times of day suit you to complete certain tasks, for example if you’re a morning person you might be better at drafting a document first thing and want to save admin tasks for the afternoon. If possible, turn off your phone and email notifications during these times so you don’t get distracted. You can also block your access to social media on your phone during certain times of day.
Make a start.
It’s easy to say just do it – but sometimes exactly what you need to do is just make a start on something. It doesn’t have to be perfect.
Build in rewards.
It’s important to build in rest time or reward yourself for meeting deadlines. Perhaps make a deal with yourself that you’ll get a coffee after you’ve completed a certain task, or you’ll go for a walk after clearing your inbox. Short breaks and time away from your desk improve your energy and focus.
Seek help.
If your procrastination is starting to become unmanageable call LawCare for support on 0800 279 6888, email: support@lawcare.org.uk or visit www.lawcare.org.uk. LawCare offer free, independent and confidential support to anyone in the UK legal community. All calls, chats and emails are responded to by trained staff and volunteers who have first-hand experience of working in the law.
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Health & Wellbeing
Keep an eye out for those “Suffering in Silence."
What is meant by health and wellbeing?
The WHO constitution states: "Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity." An important implication of this definition is that mental health is more than just the absence of mental disorders or disabilities.
Mental health is a state of well-being in which an individual realises his or her own abilities, can cope with the normal stresses of life, can work productively and is able to contribute to his or her community.
What are the examples of good health and wellbeing?
• spending quality time with close friends and family.
• working in a job or finding an activity that is meaningful, which can provide a sense of purpose.
• learning a new skill such as painting, singing, knitting, or a foreign language which can provide a sense of pride and achievement.
• finding a hobby (such as gardening, playing sport, cooking, or arts and craft).
• giving to others by volunteering, being there for friend in need, or caring for animals.
• having someone to talk to who can provide support and reassurance.
• eating healthily and exercising regularly.
• spending time with people who share similar interests.
Why is health & wellbeing important?
Well-being is associated with numerous health, job, family, and economically related benefits. For example, higher levels of well-being are associated with: -
• decreased risk of disease, illness, and injury.
• better immune functioning; speedier recovery;
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and
• increased longevity
• are more productive at work.
• and are more likely to contribute to their communities.
How to spot the signs that someone maybe suffering in silence?
“People think depression is sadness. People think depression is crying. People think depression is dressing in black. But people are wrong. Depression is the constant feeling of being numb. Being numb to emotions, being numb to life. You wake up in the morning just to go back to bed again.” - Unknown
Here are 7 signs that someone might be silently depressed:
1. Withdrawal from activities, either work of school
Withdrawal from activities is one of the key signs of depression; this occurs because the disorder takes up all of the person’s time and energy. Depression makes it exceedingly difficult to carry on with daily life, aside from what is absolutely necessary, because the pain becomes too great. Those who suffer silently might start dropping one or two activities from their schedule in hopes that no one will notice. Many who suffer don’t want to admit they have a problem and don’t want others to know about it.
If you notice that a loved one is starting to miss out on life, then this can be/is a sign of silent depression.
2. No Energy
No surprise here – depression zaps a person’s energy levels to the point where even getting out of bed can seem like running a marathon. The constant, intrusive thoughts of hopelessness and despair combined with high stress, poor appetite, and sleep troubles make life a daily battle. A person that suffers silently from depression might even start withdrawing from friendships and family life because they have no energy left for them.
3. Eating too little or too much
Increased or decreased appetite is a common symptom of depression. Gary Kennedy, MD, director of geriatric psychiatry at Montefiore Medical Center in Bronx, New York, says, “A sudden change in weight, either gaining or losing, can be a warning of depression, especially in someone who has other symptoms of depression or a history of depression.”
If you notice unusual eating habits in a friend or loved one, they could be suffering silently from depression.
4. Trouble sleeping
According to WebMD, 80% of adults with depression have trouble falling or staying asleep. Patients who have chronic insomnia have three times the likelihood of developing depression compared to those without insomnia. Many doctors believe that treating insomnia will help reduce depressive symptoms in people suffering. If someone you know complains of sleep problems on a regular basis, he or she might have depression.
5. Substance abuse
Sadly, substance abuse is common among those with depression, anxiety, and other mental disorders. While it’s understandable to want to escape reality and troubled thoughts for a while, addiction can cause even more problems down the road. If you know someone abuses drugs or alcohol on a regular basis, they might be silently depressed.
6. Faking emotions
A lot of people with depression don’t want to admit it, either to themselves or others. When in others’ company, they will appear overly happy or give vague answers when people ask about how their life is going. They only engage in shallow conversation because they want to avoid judgment cast upon them about their depression. If you notice someone has become distant or only makes small talk, this might point to hidden depression.
7. They have become a workaholic
You might not think of overworking as a
symptom of depression, but some people use work to cover up their emotions. They see work as an excuse to escape how they feel, a distraction for the torment that their mind causes them. If you notice someone staying late at work most nights of the week, they might actually be silently depressed and not just a workaholic.
How can we help & promote health and wellbeing?
By encouraging people to follow 5 steps which will help them to improve. We must remember that when we do this, these steps may seem simple to ourselves, but they can present as mountains to a person struggling with their health and wellbeing.
It is important that we encourage them to start taking the steps towards change, but don’t push them. We must remember that they are feeling very vulnerable and unable to cope, so “brow beating” them will not have a positive outcome, and most surely have a detrimental effect.
6 steps to mental wellbeing –what you should encourage:
1. Get them to seek professional help, talk to their doctor.
2. Try to get them to connect with other people. Good relationships are important to everyone's mental wellbeing.
3. Be physically active. Being active is not only great for your physical health and fitness.
4. Learn new skills. An evening class maybe.
5. Give to others.
6. Pay attention to the present moment (mindfulness).
This list is not exhaustive, and the information contained in this article is for guidance only and is no substitute for advice from a qualified medical professional, whose opinion should always be sought first.
Sheila Mann Editor
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Green Bananas, Legal Articles, and Growing Your Law Firm
Here’s how to use it:
STEP 1
Start with the end in mind. Decide what specific services or legal documents you want to promote in your article before you start to write anything.
Take action
What’s your version of the green banana?
What are you offering that your prospective clients don’t realise they need?
This was the advice I gave recently to one of the lawyers at my marketing clinic when they asked for feedback on an article to promote their legal services.
If you write articles, blogs, or any kind of written content to promote your services, this could help you too.
The article I was reviewing covered 5 steps to ensuring compliance with specific data protection rules.
At the end of the article, the lawyer reminded readers that they could get further help with this topic and invited them to call for an initial discussion.
So far, so good.
But, in this final section, the article talked about specific legal documents and services the lawyer could provide, such as “privacy policies” and “consent forms” and “sharing arrangements” to ensure compliance with the data protection rules.
These documents hadn’t been mentioned anywhere else in the article.
Which means the need for these documents hadn’t been covered either.
So the call to action was to get legal help with specific legal documents which the reader might not realise they needed. And therefore would be unlikely to want.
To fix this we applied the ‘Green Bananas’ Strategy to the article.
STEP 2
‘Reverse engineer’ your article. Identify what your prospective clients need to know or understand in order to want that service or document.
STEP 3
‘Seed the Need’ for your services. The article content must educate about why the reader needs that service or document so that when you invite them to get that service or document in the call to action, they already want it.
So if you were selling green bananas (rather than the yellow ones that most people buy) your article would need to teach your reader why green bananas are a better option before you say “buy our green bananas”.
ABOUT THE AUTHOR
And what should you educate them about for them to want it?
Use the 3 Step ‘Green Bananas’ Strategy to make sure you’re educating your prospective clients about what to want, so that more of them will buy what you’re offering.
If you’d like my help to identify which other practice growth and marketing strategies will work best for your firm (and the best way to implement them effectively), come to my online workshop ‘Profitable Practice Growth Secrets For Small Law Firms’. We’ll work together to analyse the growth opportunities within your firm or practice area and to create a customised bespoke ‘Accelerator Plan’ to ensure you achieve your growth goals in the next 12 months. Find out more at www.thebusinessinstructor.com/ workshop
Michelle Peters (Founder of The Business Instructor) is a former practising solicitor from a Magic Circle firm 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.
Michelle is also the author of the No.1 Best-Selling Book ‘The Client Magnet Formula for Lawyers: How To Attract And Convert More Of Your Ideal Clients’
Michelle helps her law firm clients to identify exactly what they need to do, in what order, to get the clients, fee income, and profits they want, and then helps them to get those things ‘done’ so that they get fast results. She provides a blend of strategic advice, coaching, and skills training (including marketing and ‘conversion’ skills) through her ‘Profitable Practice’ programme for small law firms.
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“If you want your clients to buy green bananas, you need to educate them about why they should want green bananas.”
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The continuing challenges of professional indemnity insurance renewal
With the approaching traditional renewal date of 1st October, law firms are being urged to initiate the renewal process for the professional indemnity insurance (PII) promptly.
The recent PII renewals have had an adverse effect on smaller firms and sole practitioners in particular due to significantly elevated premiums. A recent report revealed that PII has increased by an average of 30 per cent amongst SME firms over recent years, with two-thirds of respondents saying the cost of PII was one of the biggest threats to their firm.
Several factors have contributed to the challenges faced by solicitors during PII renewals in recent years. These factors include harder Insurance market conditions, economic uncertainty and the stringent SRA minimum terms and conditions (MTC) for insurance coverage imposed on the Underwriters. These terms and conditions offer one of the broadest policy covers available to a profession and their clients but comes at a cost to the Insurers with claims and the profession with premiums. Sole Practitioners have always been penalised with the choice of fewer insurers to choose from unlike the bigger sized firms. Whilst there is
a new entrant to the PII Insurer market this year, it is currently unclear if their appetite will extend to sole practitioners.
HOW TO PREPARE FOR YOUR PII RENEWAL
To ensure a smooth renewal process, the Law Society advises solicitors to be organized and submit their applications to PII insurers well in advance. Unfortunately, a significant number of solicitors wait until the last couple of weeks leading up to renewal to submit their presentations, whilst others miss the deadline altogether. These delays result in firms being placed in the extended period, which is not only a way to obtain more time, but also a punitive measure that must be reported to the Solicitors Regulation Authority (SRA).
WHAT HAPPENS IF YOU ARE UNABLE TO RENEW YOUR PII INSURANCE?
If solicitors are unable to renew their insurance, they will be compelled to operate within the SRA extended policy period and cessation period.
The extended policy period grants an additional 30 days extension to the existing policy, allowing firms more time to secure insurance. However, if coverage cannot be obtained within this period, the cessation period begins, providing the firm with 60 days to plan a controlled closure, merge with another firm, or be acquired by one, but prohibits them from taking on any new matters.
HOW CAN R&R SOLUTIONS ASSIST?
R&R Solutions offers assistance to firms that wish to exit specific areas of law or are struggling to obtain professional indemnity insurance coverage. Whether firms choose to exit high-risk markets, merge with other firms, or plan an orderly closure, R&R Solutions can facilitate the process. Their team ensures seamless file transfers to approved law firms, safeguarding the integrity of clients' cases. The unique scheme caters to various professionals, including restructuring and insolvency solicitors, insolvency practitioners, and accountants.
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Legal Aid in the UK
Legal aid is a crucial aspect of the justice system in the United Kingdom (UK), providing support and assistance to those who cannot afford legal representation. It is a fundamental right that ensures access to justice for all, regardless of their financial circumstances. However, the state of legal aid in the UK has been a cause for concern in recent years, with many experts warning that the system is in crisis. In this article, we will explore the state of legal aid in the UK, including its history, current status, and future prospects.
Brief History of Legal Aid in the UK
The idea of legal aid in the UK can be traced back to the 1949 Legal Aid and Advice Act, which established a system of state-funded legal assistance for those who could not afford to pay for it. This system was based on the principle that access to justice should not be determined by a person's financial means.
Over the years, the legal aid system has undergone several changes and reforms. In 2012, the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was introduced, which brought about significant changes to the legal aid system in the UK. LASPO abolished legal aid for most cases involving housing, employment, and welfare benefits, and introduced a means test to determine eligibility for legal aid.
Current Status of Legal Aid in the UK
The changes brought about by LASPO have had a significant impact on the legal aid system in the UK. According to a report by the House of Commons Justice Committee, the number of civil legal aid cases fell by 82% between 2012 and 2018. This has led to concerns that many people are being denied access to justice because they cannot afford legal representation.
One of the key issues with the current legal aid system is the means test. To be eligible for legal aid, a person must pass a means test, which takes into account their income and assets. This means that many people who are on low incomes but do not meet the strict eligibility criteria are unable to access legal aid.
Another issue is the limited scope of legal aid. LASPO abolished legal aid for many types of cases, including most cases involving housing, employment, and welfare benefits. This has left many vulnerable people without access to legal representation in cases that could have a significant impact on their lives.
The Future of Legal Aid in the UK
In recent years, there have been calls for reforms to the legal aid system in the UK. The House of Commons Justice Committee has called for the government to review the eligibility criteria for legal aid and to increase funding for the system. The committee has also called for the restoration of legal aid for housing, employment, and welfare benefits cases.
There have also been calls for a more holistic approach to legal aid, with some experts arguing that the system should focus on early intervention and preventative measures. This could involve providing legal assistance to people at an earlier stage in legal proceedings or providing support and advice to prevent legal issues from arising in the first place.
Conclusion
In conclusion, the state of legal aid in the UK is a cause for concern. The changes brought about by LASPO have had a significant impact on the legal aid system, with many people being denied access to justice because they cannot afford legal representation. There is a need for reform to ensure that the legal aid system is fair and accessible to all. This could involve reviewing the eligibility criteria, restoring legal aid for certain types of cases, and taking a more holistic approach to legal aid. By ensuring that everyone has access to legal representation, the UK can ensure that its justice system is fair, transparent, and accessible to all.
Joanna Connolly SPG Chair Joanna Connolly Solicitors
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Be in the Spotlight!
Members contribution to the Solo magazine wanted.
We are working on our next edition of the SPG Solo magazine, and we would like to get our members involved. We are including a Members Articles section along with our regular topics.
The topic of your article would be of your choice, it could be about:
● A change in the law that you have an opinion on.
● An interesting article you have read that you think may be of interest to our members.
● Something specific to the area of law you practice in.
● A book/course/seminar that may be of interest/benefit to our members.
● Your life in law.
● Anything law related that is amusing – that would be a bonus!
The article would ideally have a 600/800-word count, but that is not set in stone, if find yourself in full flow.
The deadline for you to submit an article is 22nd September 2023!
You will appreciate that, depending on the number of articles we receive, we cannot guarantee that your article will be included in the next edition. But we will keep them on file, so that they may be used in later editions of Solo.
Please send your article for submission to info@spg.uk.com.
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Why Become a Notary Public?
It was a pleasure to be invited to the Sole Practitioners Group annual conference in Vienna and to be able to speak about the value of becoming a notary public.
In my talk to the conference, I quoted from a recent report on legal regulation prepared by Professor Stephen Mayson of University College London i. In his report at paragraph 5.7.5 he said “notaries perform important public duties, in relation to both domestic and international matters. They verify the capacity of their clients to enter a transaction, confirm the identity of clients, prepare and authenticate various legal instruments, verify transactions, sometimes take evidence, and meticulously record all of the relevant information.” He added the following: “the reliance that parties to (particularly) commercial - and often international - transactions can place on notarised documentation allows trade, and the resolution of disputes, to be undertaken with great confidence or convenience.”
The report went as far as to recommend that notary should, in the future, fall outside of the regulatory framework applicable to the other legal professions such as solicitor and barrister, due to their unique functions.
Those quotes give a flavour of what is involved in being a notary public. Those who qualify find that they are engaging in new areas of law. They rapidly gaining experience of foreign jurisdictions and of the differing requirements that those jurisdictions have, particularly in the corporate field.
Sole practitioners are ideally suited to training to become notaries public. Solicitors in multipartner practises often find that it is very difficult to persuade the partnership to either allow
them the time necessary or to make available the funds to train. You as sole practitioners only have yourself to satisfy. Certainly, when it comes to the training, it is not cheap. I estimate the costs associated with training over a two-year period will be some £10,000. The training will also involve a commitment, principally the two-year postgraduate diploma course which all prospective notaries have to take, and which is run by University College London. Most of the course is online, but there are weekend workshops over the two years. The first year will concentrate on Roman law as an introduction to the civil law system and on private international law, sometimes called conflict of laws.
satisfying the Qualifications Board that you should be exempt from further study in any of these subjects. A certificates exemption is necessary in order to be able to book the UCL course iii .
Once you have completed the course there remains a short office practise course to undertake. From there you take the oath as a notary and apply for your faculty. The first two years of practise have to be supervised, and you will need to find another reasonably local notary of at least five years standing to agree to be your supervisor. This is not onerous and requires you to meet with your supervisor every six months or so.
Becoming a Notary has so many benefits. As well as the income, which may be quite significant depending on where you are, you will have a whole new raft of clients coming through your door, and new aspects of law to consider. If you have another language, you will find it put to very good use. Clients being able to access a notary and your ability to interact with foreign lawyers using their own language is important for access to justice. You will not regret taking the step on the road to being a notary public.
Julian Gibbons MA Notary Public, President of the Notaries Society.
Your first step on the road to becoming a notary public is to demonstrates to the Faculty Office (the regulator) that you have acquired basic knowledge in the core subjects of public and constitutional law, property, contract, law of the European Union and equity and trusts ii. In addition, there are three professional subjects which are conveyancing, company law and wills probate and administration. Solicitors in multipartner practises get an automatic pass on the first five subjects. However, as a sole practitioner it is very unlikely that you will have much trouble in
i Stephen Mayson, Independent Review of Legal Services Regulation, CENTRE FOR ETHICS AND LAW (2018), www.ucl.ac.uk/ethics-law/publications/2018/ sep/independent-review-legal-services-regulation (last visited Jul 5, 2023).
ii Rules and Requirements for Notaries – The Faculty Office, www.facultyoffice.org.uk/notaries/rulesgoverning-notaries/ (last visited Apr 4, 2023).
iii University College London, Notarial Practice Course, UCL FACULTY OF LAWS (2017), www.ucl.ac.uk/laws/ study/continuing-professional-development/notarialpractice-course (last visited May 11, 2023).
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‘‘
AS A SOLE PRACTITIONER IT IS VERY UNLIKELY THAT YOU WILL HAVE MUCH TROUBLE IN SATISFYING THE QUALIFICATIONS BOARD THAT YOU SHOULD BE EXEMPT FROM FURTHER STUDY IN ANY OF THESE SUBJECTS
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Parentage via sperm donation and the matter of “consent”
Dr Neil Sullivan
The donation of sperm or eggs is a very laudable social service and demand in the UK is increasing1 , albeit, sperm is in short supply for artificial insemination (AI). The service can be carried out by one of the many reputable licenced clinics recommended by the HFEA which regulates their activities and gives a great deal of clarity about consent and responsibilities towards children created from the donor sperm2
There are, however, shocking and indeed harrowing stories about sperm donors who have fathered multiple children and we would like to explore some of the issues. The cause of disquiet is the very real possibility of inbreeding (a genetic abnormality arising from inadvertent half-sibling reproduction as the result of a common father – the genetic term is consanguinity), incest and psychosocial/emotional issues in donor children. Consent, if it has been given, is often far from informed.
A recent case involves a musician in the Netherlands who has been accused of fathering more than 550 children from his “donations” which were offered via social media and to a significant number of clinics, of which 11 were in the Netherlands. The court in The Hague has recently found against him in a case brought by one of the mothers and the charity DonorKind.eu, on the basis that he lied to the clinic/ mothers about his history and activities; had they known, they would not have chosen him as a donor. This judgement of preliminary relief will deter him from making further donations3 These mothers are now faced with an extraordinary extended network of half-siblings.
There have been many other circumstances of sperm donors fathering multiple offspring, both
consensual4 and adversarial5. In the latter instance there have been multiple cases of doctor-donor conceived children in the US, with fertility fraud being documented on websites such as donordeceived.org and even Netflix6
Many people feel it is important to know their origins, as it gives them both identity and helps them make sense of their being. The UK took a giant step in this direction on 1st April 2005 when individuals became able to identify their sperm donor, upon reaching the age of 18 (from this year, 2023). This was a result of studies which acknowledged the need for individuals to know the identity of their biological parents and which followed up the International Convention on the Rights of the Child, adopted by the UN General assembly in 1990. This shift from anonymous to open identity sperm donors has been replicated in other countries, nearly always with limits placed on the number of times a particular donor sperm can be used. In the UK, this is 10. In the Netherlands, this is 257. For the genuine sperm donor and child relationship open identity is seen as a very positive circumstance. Donors are on a registry that can be accessed by the child via the HFEA, if wanted, and many people find surety in knowing their biological as well as their social father. More difficulty arises in cases of fertility fraud, where a quest to find the biological parent has often resulted
in the discovery of many half-siblings. The psychological and social effects on the individual are rarely taken into proper consideration and indeed, as these situations evolve, are probably not yet fully understood. There is in fact no evidence for the choice of this number relating to how many times a donor can be used and the number chosen by each country is arbitrary8 The primary concern seems to be the possibility of genetic disorder, which though significant is in fact less than that of a first cousin mating (taboo in many countries but not the UK or indeed to Charles Darwin himself) but in our view, more concerning is the psycho-social impact of such a large number of siblings on the individual, which after all, is unprecedented in any human society.
DNA testing technology using broad brush ancestry services (Direct to Consumer) has enabled half- siblings to discover not only anonymous biological fathers, but possible other half-siblings – the use of a precision DNA test to determine the true family relationship (always recommended) enables this to be confirmed with a reliable statistical probability9. Data indicates that from use of these tests, the discovery of nonparent expected (NPE) events (that one or more parent is not biological) ranges from 4-12 %. Whilst there are of course other explanations, one of these is that social parents have not discussed with
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the child the circumstances of their conception. The evidence suggests10 that donor conceived children often have difficulty (often seeking help) coming to terms with; a) the nature of their conception, b) the efforts to find a biological parent and c) their reaction upon hearing about it. This is particularly acute if they discover that the father has sired many children.
Regarding consent, then the DNA testing technology that is now available for tracing biological relatives was not available when many of the donor conceived children were actually conceived. As we know it now, informed consent would have been impossible at that time and many of the issues since raised are very new to science, society and law. Genetic technology is changing fast and information is coming to light so quickly, that it is impossible to give informed consent in the present (informed consent has only even been relevant in the precise time window it is given, and can only be based on the state of knowledge at that precise time). By sequencing individual human genomes, we can
reveal information relating to genetic disease that was unknown; sometimes these are late onset disorders and/ or could not be known or predicted at the time of conception. Other times, we (or more specifically the directto-consumer client) will have the genetic information and either not know or be in a position to know how it relates to disease or the prediction of characteristics. The fact is of course, that we are all genetically pre-disposed to something, as much as we can be genetically protected from the very same things.
Donor conception is a delight to many – but the emergence of fertility fraud has raised several important questions, for which there are simply not enough informed counsellors. Maybe, given the vast data sources, artificial intelligence (AI), has a role to play in AI after all.
Notes
1www.hfea.gov.uk/about-us/publications/researchand-data/trends-in-egg-sperm-and-embryodonation-2020/
2www.hfea.gov.uk/choose-a-clinic/consent-totreatment-and-storage/
3nltimes.nl/2023/04/28/court-orders-sperm-donor550-kids-stop
4www.theguardian.com/science/2018/nov/24/ sperm-donor-man-who-fathered-200-children 5www.nbcbayarea.com/investigations/doctorsperm-donor-cases-fertility/3148093/ 6www.netflix.com/gb/title/81227735; www.donordeceived.org/ 7doi.org/10.1016/j.fertnstert.2007.06.020 8doi:10.1093/humrep/deq038 9dadchecksilver.com/sibling-tests/ 10bioethics.hms.harvard.edu/journal/donortechnology
About the author:
Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).
Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.
Please see: dadcheckgold.com
Tel: 0191 543 6334
e-mail: sales@dadcheckgold.com
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Meet the Heir Hunter
Danny Curran is the founder and Managing Director of Finders International, an award-winning Probate Genealogy firm. Finders International's main area of business is to trace, identify and locate missing beneficiaries to estates, property and assets all over the world. Danny has now become the spokesperson for the industry with features on The Morning, Forbes and local BBC radio.
HOW DID FINDERS START?
Danny: Finders was set up in 1997, I started as a sole trader, but here we are 25 years later as the largest UK firm in our field.
WHAT DO YOU ENJOY MOST ABOUT FINDERS?
Danny: I think what I enjoy the most about Finders is the fact we can make a difference to many different people's lives. The work we do often surprises people, it's a windfall, pennies from heaven, it's something unexpected and something that can have a really positive impact on them, whether they are due a small amount of money or a large amount of money often it doesn't make any difference.
Aside from the money, there's also, of course, the human story and the fact they're discovering something about their family history often that they never knew.
AT FINDERS, WHAT ACHIEVEMENTS ARE YOU MOST PROUD OF?
Danny: I think what I'm most proud of with Finders is creating a company with a very positive culture. The fact that we've grown to the size that we have, and maintained our ethics, our standards, bringing and introducing environmental factors to the company. We have got an ISO 14001 Environmental Standards, plus we are living wage employer - all these ethical things are really good to do and if you can do them as an employer it’s a really good feeling.
WHAT’S BEEN MOST SURPRISING ABOUT THE JOURNEY SO FAR?
Danny: The most surprising thing about the journey with Finders so far has that we've managed to incorporate and learn
from the experiences that have happened to us over the years. We've maintained a very business-like approach. So from being a newcomer to the industry we've reached a point now where we can lead the conversation with the legal profession and make a positive impact, not just for our clients but also for the employees of the company as well.
HOW DO YOU FEEL YOUR PRESENCE IN THE MEDIA HAS AFFECTED FINDERS AND THE INDUSTRY?
Danny: Finders began filming BBC One's TV series Heir Hunters quite a few years ago, and following on from that, we've really embraced the media conversation around probate research as the stories we have are often very positive and heartwarming. Sometimes it's very bittersweet stories where people find money they're due money from someone they never knew, and would've liked to have known, but I think what's been great is that we've been able to embrace the media stories and create greater standards for the industry at the same time.
WHAT’S NEXT FOR FINDERS?
Danny: The goals for the future really are to try and enhance and improve the reputation of the probate research industry. I think we've come a really long way since I started. In 1990 it was very much, a kind of, maverick industry that many lawyers had not even heard of, but now that we're becoming more entrenched in the legal process and we're forming key partnerships with lawyers and others.
I think what I want to do is make that relationship with the legal world on a par with lawyers so we can help them and support them in everything we do. It's a very important part I think, it helps with standards, for the lawyers themselves for the world of probate research and to try and make sure that we maintain the standards going into the future.
WHAT IS THE FINDERS CULTURE LIKE?
Danny: We have an amazing team of people here and we've done so well over the years to maintain a very positive culture, for people to enjoy what they're doing and have some pride in what they're doing. It's not an ordinary job it's a very unusual job and I think we've captured the imagination of not only the public with the media and the TV, but also within our employees who've stayed with us for a long time, they can see the good we're doing and the difference that we're making.
So a huge thank you to everyone who has worked with us over the years and for current staff and all the people who have endured working with me for 20 plus years – a very big thank you! Finders
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of services for both the Private and Public Sectors. For more information visit our website www.findersinternational. co.uk or contact us on freephone 0800 085 8796 or email contact@ findersinternational.co.uk 038
International have a range