Solo Winter 2019/20 Issue 2 by EPC Studio

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TO INSPIRE TO PROMOTE TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE

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contents winter 2019 4

From the Chairwoman

Sole Practitioners Group

The 3 critical factors that could be limiting the

Talking about care for a loved one in 2020

for winter 2019

Using DNA testing to aid the transgender community

Law firms and third-party-managed accounts

Probate Litigation - what to do when the

Are you considering becoming an SRA-regulated

growth and profitability of your legal practice

8 Honorary Secretary’s report

freelance solicitor?

administration is challenged 25

The New SRA Accounts Rules A Practice’s Guide for Compliant Software

Cyber Security doesn’t have to be daunting!

24th Annual Conference Malaga

Book Review

Council Member‘s Report

Fairweather Law rolls out superior combined

Forthcoming Regional Events

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Published Winter 2019

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From the Chairwoman

Dear Members, I write this immediately after the election on 13th December, and in the hope that even if it may not be exactly what you wished for, you can use the result to maximise your practice and private benefits for a very prosperous and healthy New Year! Over the last few months I have been hard at work on your behalf in meetings and online, but I welcome any new enquiries or suggestions on issues facing our members so that we can maximise our benefit to all of you.

Conference in Malaga 5-7 June 2020 Planning and booking for this event is developing excitingly. We will have presentations by Simon

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Davis, President of The Law Society, with Anna Bradley the SRA board chair to discuss the future of the profession, and Jane Malcolm the SRA Executive Director of Corporate Affairs,with Locktons Insurance brokers our principal sponsors to discuss practice flexibility and insurance implications, which should both be lively and interactive sessions. We are continuing with the popular updating specialist sessions, and we have already confirmed a number of speakers including Anne Smallwood, senior counsel from No 5 chambers, to speak on finance disputes in divorce, and HHJ Robin Rowland on the Court of Protection. There will also be talks on marketing, keeping a good life balance, and the challenge and/or threat of new technology. The social programme will also be wonderful and disparate, including Costa del Sol golf, a private viewing of the Thyssen museum, our Gala Dinner with flamenco entertainment, and – Robbie Williams ( well, nearly, check out Ollie Hughes tribute act on Facebook ). This will be a hugely enjoyable, informative and business enhancing event which must not be missed. Book now ! See advert inside this SOLO for more details. We have also passed a Special Resolution at our meeting in Law Society’s Hall at Chancery Lane on the 14th November, allowing us to amend the constitution so that the AGM can take place abroad, which updates previous rules in the face of the increasingly international profile of our members’ clients and cases, and technical advances in online and telephone conferencing.

Meetings with the SRA I have attended twice, in London and Birmingham, both most informative and helpful in cementing our relationship with our regulators and allowing us to give input on the way in which regulation might be pursued in the future. For example, we had an interesting discussion on the new SRA corporate strategy led by Ben Fisher, their Head of External Affairs, expressing our hope that the SRA could interpret their role to include the promotion of the protection for the public which may be compromised by reduced regulation and insurance requirements for the profession. There has also been much discussion on the subject of freelancers, and the disparate views within our membership that this may either be a great opportunity, or a dumbing-down. Insurance of freelancers was a hot topic, particularly those in regulated practice who are required to have ‘ adequate insurance‘. We have forcefully told the SRA about our concerns for the safety of our members and the public in view of such a vague requirement, and as a result we understand guidelines are being produced for the definition of ‘adequacy’. Locktons reported at our meeting on 14th November that even though they are the largest broker in this field they had received no enquiries from freelancers, although we understand to date 66 freelancers have already registered with the SRA. Watch this space for more discussion and argument on this and similar topics, to be debated fully in conference in Malaga. The SRA have also promised to look into providing every new sole practitioner solicitor with a link to our website, to promote more active and profitable communication and participation in this group.

SRA Compliance Conference Birmingham 30th October I am enormously grateful to Sukhjit Ahluwalia for once again organising the SRA stand. We had tremendous interaction with new potential members and attendees for the conference in Malaga, and this was the spur for my demand that the SRA give our link to new SP’s. We will all benefit from more active participation in this group, which now comprises 4,388 sole practitioners. That number of members can give us significant clout in negotiation both with our regulators and our own Law Society council.

New Cotswold and District Regional Group I have been threatening to start this group for several years, so I am delighted to confirm that the inaugural meeting took place on the 4th December, when we were lucky to have an excellent and informative speaker Richard Williams, Policy Associate of the SRA, to speak on the New Rules. The venue at The Beckford Inn was excellent, and we will repeat the opportunity to listen to Richard on the 25th February 2020 on the other side of the Cotswold area at Witney near Oxford. More details on the Regional Group page and the website.

Left to right: David Leigh Hunt, Penny Raby, Ben Fisher, Hamish McNair

Specific members’ issues 1. The new SRA Digital badge. Members will be aware that practices which have a website now have to qualify for a new digital badge from the SRA. Two members reported problems with the badge malfunctioning, giving erroneous information to potential clients. This has been raised as a most important issue with the Jane Malcolm of the SRA, who has instigated an enquiry with their software suppliers, and we are strongly assured this will not recur. Members are asked to contact me if they have problems with the Digital Badge in the future. 2. Online filing of court papers and data protection. I have been concerned that the courts are increasingly demanding online filing of documents, which may leave us open to prosecution for breach of data protection laws as there appears to be no security in place for the process. Sole practitioners may be more at risk because they cannot hide behind a firm’s policy or systems. This is highlighted in my area of practice as a family lawyer, as we are now required to file our client’s

Left to right: Mrs Leo Goatley, Leo Goatley, Michael Hodge, Penny Raby, Rupert Hills, Alexander May private documents online in Birmingham including the whole of Form E. I attended a meeting called by Sir Andrew Macfarlane, Head of the Family Division, at Wolverhampton County Court on Tuesday 10th December, and asked if he could reassure me that solicitors would not be liable if this process was hacked. Sir Andrew accepted this was a good question, to which at the time he had no reply, but he has promised to respond.

Thank you so much to all of the Executive Committee members who work so hard for your benefit throughout the year, in particular our Hon Sec Clive Sutton, the Treasurer Kem AsinboAmobi and Vice Chair Joanna Connolly.

I have also raise the query from the opposite angle through the National Cyber Security Service at Gloucester GCHQ, who are referring the issue to their Government team who should be in charge of HMCS online security issues.

Penny Raby SPG Chairwoman 2019 – 2020 Please contact me at pennyraby@harmony-house.co.uk

I hope you all have a relaxing and renewing festive period, and look forward to the challenges of 2020 with energy and enthusiasm after the break.

One way or another, I will find the answer for us all, and report back on the next letter from this Chair.

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Sole Practitioners Group Executive Committee 2019 PENNY RABY Chairwoman and Head of Conference Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and, with Mike, has toured their networking pantomime ‘Snow White and the Seven Small Business People ‘ internationally, including a notable performance at the 2016 SPG Conference in Prague! Tel: 01386 555 114 Email: pennyraby@harmony-house.co.uk Penny Raby & Co, Harmony House, 7-9 Church Street, Pershore, Worcestershire WR10 1DT

JOANNA CONNOLLY Vice-Chairwoman Joanna Connolly specialises in the areas of Consumer Credit, Contentious Probate, and Insolvency. Joanna is a solicitor with Higher Rights of Audience who is qualified to represent clients as an Advocate in the higher courts in England and Wales. She was previously Head of Consumer Credit Litigation at MSB Solicitors and has had extensive litigation experience both at County Court and High Court level. Joanna had conduct of the lead Consumer Credit Act High Court case Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) as well as cases in the Court of Appeal. Tel: 0330 053 9340 Email: enquiries@joannaconnollysolicitors.co.uk Joanna Connolly Solicitors, 33 Cheadle Avenue, Liverpool L13 3AE KEM MASINBO-AMOBI Honorary Treasurer Kem qualified as a solicitor in November 2002 under the tutelage of Mr Martin Mears (former President of the Law Society). Kem has over sixteen years commercial experience gained in a variety of demanding and challenging environments. Kem’s employment history includes time spent at some of the most prestigious legal firms in Suffolk and Norfolk. A keen gardener, Kem has completed the RHS Level 2 Certificate in Horticulture and her other hobbies include reading, travelling and cooking in true “Nigella” fashion. Tel: 01473 760 046 Email: kem@kmasolicitors.co.uk KMA Solicitors, Saracens House 25 St Margaret’s Green, Ipswich, Suffolk IP4 2BN

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

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

SUKHJIT AHLUWALIA Head of Marketing Sub-Committee Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal one to one service and believed that this could be best done through his own practice. He has been based in Goodmayes in Ilford since 2003. In his private life, Sukhjit likes to get involved in a number of charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private life or in their professional capacity. Whilst he is quite a shy person, Sukhjit has been part of two documentaries exploring the changes that have taken place in the traditional arranged marriage process. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by. Tel: 020 8215 0884 Email: sukhjit_ahluwalia@ae-law.co.uk Avery Emerson, Gloucester House, 335 Green Lane, Ilford Essex IG3 9TH MOSES AJAYI Solicitor Moses was admitted as a Barrister and Solicitor of the Supreme Court of Nigeria in 1987. He has also been admitted as a Solicitor of the Supreme Court of England and Wales. Moses is a Sole practitioner and specialises in Human Rights and Immigration. He is also engaged in general civil and criminal matters on a private fee basis. In his spare time he enjoys sailing and has participated in many sailing events around the world. He also enjoys discovering new places and spending time with his family. Tel: 020 7733 6506 Email: brazenglow@aol.com Slade & Fletcher Solicitors 1st and 2nd Floors 348a Camberwell New Road London SE5 0RW

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

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

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

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

property disputes in the High Court and County Court. He is a member of the Employment Lawyers Association and speaks French. Married with a son who keeps him very busy when not in the office, he is also a school Governor of his local Primary School and enjoys reading, cycling and the cinema. Tel: 020 7112 5209 Email: admin@hinde-law.com Hinde Law Ltd, 71 - 75 Shelton Street London WC2H 9JQ HAMISH MCNAIR SRA Liaison Lead Hamish is based in Fulham, London. Having initially specialised in copyright and trade mark work, both in the City and New York City, his practice now includes conveyancing, wills trusts and probate, as well as litigation. Married with three children, when Hamish is not in the office or involved in SPG matters he enjoys open-air swimming, sailing, overnight bike rides, and also has a passion for the theatre. Tel: 020 7371 7896 Email: hamish.mcnair@mcnairlaw.co.uk McNair & Co, EBC House, Ranelagh Gardens London SW6 3PA OLUWAKEMI MOSAKU Solicitor Kemi was called to the Nigerian Bar as a barrister and solicitor of the Supreme Court of the Federal Republic of Nigeria in 1989 and admitted as a solicitor of the Supreme Court of England and Wales in 2004. She has a varied work experience which includes working in the immigration department of the Home Office, private practice both in legal aid and privately funded matters in the UK. Her last role was head of immigration department in a firm before setting up as a sole practitioner. She specialises in Immigration and Human Rights Law. She also undertakes family law work and landlord and tenants. Outside of work Kemi is a trustee in a thriving charity and enjoys spending time with her three sons. She also enjoys keeping fit, music, networking, reading biographies and current affairs. Tel: 01634 780 230 Email: info@emeraldsolicitors.co.uk Emerald Solicitors, The Old Courthouse, 1 The Paddock, Chatham, Kent ME4 4RE TAHIRA SHAFFI Past-Chairwoman Tahira has been a practicing solicitor for 20 years. She set up as a sole practitioner after being made redundant in 2010. She has found the SPG to be an extremely helpful point of contact on so many issues which are affecting the whole profession whilst paying particular

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

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

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Honorary Secretary’s report for Winter 2019 For those of you who can remember my last report for the 2019 autumn edition I now update you on the fact that we had a successful Special General Meeting to pass a resolution that the Annual General Meeting can take place abroad as long as it enables any members in the United Kingdom to communicate with the AGM through Skype. The constitution has been amended accordingly. This will be put into effect at the Malaga conference in June 2020.

I suspect that option is now seen to be a mistake and that the way forward is for all members of The Law Society, whether involved in other groups or not, to work together in their own collective interests and in the interests of their clients.

At that Special General Meeting which took place in The Law Society reading room there was a very successful presentation by Locktons who covered the professional indemnity renewal situation. The trends are that:

Clive Sutton Honorary Secretary

Finally can I note the fact that the proposed changes to the professional indemnity rules which have been canvassed by the SRA over the last few years have, I understand, been abandoned. These tools originally came up in 2014 at which stage we argued against significant changes and finally, probably due to a change of personnel at the SRA, this seems to have been now abandoned. There is new leadership at the SRA which seems to be receptive to being less rigid in the SRA approach to members. The SPG has seen several instances with if unnecessarily harsh correspondence and communication and will be raising that with the SRA as and when it arises. Finally can I endorse what I am sure is in Penny’s Chairman’s report, to encourage you to come to Malaga on the 5, 6 and 7 of June.

● The rates for claims free sole practitioners are significantly less than those

for 2 to 5 partner firms. ● The rates of run-off as a percentage of the last premium are starting to reduce. ● The insurance of freelancers is somewhat problematic.

A significant part of the discussion was taken up with the problem of the closure by the SRA of the Solicitors Indemnity fund cover for liability after the termination of the six years run-off cover. This is giving considerable concern to retired and retiring practitioners who will have to face that loss of cover in October 2020. I can say that at that meeting there was a significant discussion between myself and Nick Gurney-Champion, the Chairman of the Law Society Professional Indemnity Committee, who is also extremely concerned. As a council member all I can say at the moment is that there are serious discussions taking place in the early part of 2020 to try to resolve the matter in a satisfactory way and I am told that there will be a press release by The Law Society on this subject early in the New Year. From the point of view of dealing with freelancers, the executive committee current position is to wait and see how this line of practice develops, but the committee’s bottom line will be not to allow the inclusion to the SPG of anyone who is practising without appropriate insurance cover. On the question of the changes of governance in The Law Society the wideranging report and proposals by the Council membership committee are now reaching a conclusion. The SPG have achieved a position where there should be two continuing Council Members nominated through the SPG executive. I think it is accepted by the chairman of the Council Membership Committee that the prospect of the SPG “returning to the fold” of The Law Society is impracticable at this stage although I have to say that our relationship with The Law Society generally continues to improve from its low point when we left the formal umbrella of the Society due to Societies ultimatum of join or leave.

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FALLEN INTO THE HOUSING ACT REPOSSESSION TRAP? STEWART TITLE HAS A WAY OUT FOR LENDERS With nearly half of all new homes in England & Wales being sold as leasehold, ground rents are increasingly giving landlords the chance to repossess homes without giving lenders the chance to seek relief against forfeiture. For a number of years now, it has been commonplace for long leases (those over 21 years) to contain ground rent reviews, allowing rents to increase and sometimes double every 5 or 10 years. This means that rents can quickly rise to hundreds or even thousands of pounds per year. Where a long lease contains a rent that is, or is capable of, exceeding £1,000 per year in London and £250 elsewhere, the provisions of section 8 of the Housing Act 1988 apply. In the event of default by the tenant, a landlord can bring statutory possession proceedings without the need to use the forfeiture process and so a lender will not have the chance to seek relief against forfeiture. Many lenders have raised concerns and are unwilling to lend on new or existing leases that could fall into this trap. Upon consultation with our customers, Stewart Title has developed a solution that offers lenders protection against such potential losses. With premiums starting from £15 for £100,000 cover, our Forfeiture of Lease (Housing Act Possession) Policy for lenders provides cover against costs incurred or losses suffered by a lender in these circumstances. Cover is available for old and new leases and the policy is available on our self-issue, online Stewart Solution ordering platform. For more information about this policy, visit stewartsolution.com or call 020 7010 7821.

This brochure is intended to provide general information only. For full cover details, please refer to a copy of our policy. Stewart Title Limited is a title insurance company authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered in England and Wales No: 2770166. Registered office address: 11 Haymarket, London, SW1Y 4BP. Oct 2019 – E&W

012

Law firms and third-party-managed accounts and they are continually looking to get around your security arrangements, and those of your clients. In the first six months of 2019, law firms reported a loss of more than £731,250 of client money to this type of crime. It is not a problem that is going away. Using a TMPA may also help address your firm’s money laundering risk. The Money Laundering Regulations mean that you must assess the risk to your firm of being used for money laundering and put in place policies procedures and controls to mitigate that risk. You might want to consider using a TMPA to help manage certain high-risk transactions, clients or services. More and more law firms are thinking about using a third-party-managed account (TPMA) as an alternative to holding client money, rather than operating their own client account. So what is a TPMA, and why do some law firms see it as an attractive option. We define a TPMA as an account where a third party (a payment service provider) holds money on behalf of two or more transacting parties. For law firms that means a third party would hold funds for you and your client. Is a TPMA right for my firm? TPMAs will be right for some firms, and not others. It will very much depend on your individual business, and how you think you can best manage the risks related to holding client money. Although using a TPMA comes with some costs, they can also reduce the overall costs associated with running your firm, especially if you only occasionally hold client money. This is because outsourcing the way you manage client money might reduce your professional indemnity insurance premium, your firm’s contribution to the Compensation Fund or having to engage an accountant to prepare a report. There are potential benefits beyond cost-savings. It would be impossible to eliminate all risk related associated with the holding of client money including for example, cybercrime, but TPMAs could be a more secure way of handling client money. Those of you worried about cyber-attacks – a priority risk for us at the SRA – might find they offer more protections. Criminals are aware that law firms will hold large sums of money in a client account,

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Using a TPMA does not of course mean that you don’t need to do the appropriate customer due diligence (CDD), but it can reduce your risk because you will not be handling funds through your client account. Greater flexibility The legal services market is evolving at pace This is due to both external factors and moves by some firms to find new ways to deliver high quality services to clients. Your firm might be one of those that is already being innovative, or you could be about to look at changes to the way you work. TPMAs might provide you with an opportunity to adapt to the changing legal market and continue the success of your firm. Lenders for example, might be more willing to engage with you as a sole practitioner knowing that you will not be holding or receiving mortgage monies. Regulating TPMAs and our Accounts Rules As part of our major programme of reform, we revised our Accounts Rules to make them easier to follow and place more trust in your professional judgement. Our new Accounts Rules also provide certainty about the steps we expect you to take when considering the use of a TPMA. A TPMA can be used for receiving payments from or on behalf of, or making payments to or on behalf of, the client in respect of regulated services delivered by you to the client. It is important to note that the money held in a TPMA will not fall into the definition of client money. Therefore, a substantive part of the Accounts Rules will not apply.

When approaching a TPMA provider, one of the key things to remember is that using a TPMA doesn’t absolve your obligation to act in the client’s best interests or take steps to safeguard a client’s money or assets. You will need to carry out an assessment of the suitability of the TPMA in the particular circumstances for a particular client. We would also expect you to make sure that clients understand the basis on which the money is held, that it is different to a regular law firm client account and the regulatory protections that apply. The future for TPMAs It is not for us to endorse TPMAs or to say whether they are the right option for your business. However, our objective is to give you more flexibility, so you can choose the right approach for your business and your clients. It is still fairly early days for TPMAs, and the current range of products is limited. TPMA providers need to offer services in a way that is commercially attractive to you (and your clients) as an alternative to holding client money while providing sufficient speed and security of transactions. The provider market may grow as law firms seek out suitable TPMA services. We welcome the interest from law firms and hope to see greater choice for firms and their clients, while still enabling solicitors to focus on what really matters - keeping client’s money safe. Jatinderpal Loyal Policy Associate, SRA ABOUT THE AUTHOR: Jatinderpal Loyal, Policy Associate, SRA Since joining the Law Society Group in May 2003, Jatinderpal has played a key role in developing the SRA’s approach to outcomes-focused regulation and the supervision of firms. Jatinderpal has led on the SRA’s approach to monitoring the ban on referral fees in personal injury and the regulation of financial services. Of late, his work has focused on the SRA’s Accounts Rules and Client Protection arrangements and improving the SRA’s engagement with firms of all sizes as they embed the SRA’ Standards and Regulations. Jatinderpal works closely with law firms of all sizes to help inform policy development. He also works closely with the Ministry of Justice, the Financial Conduct Authority, HM Treasury, Reporting Accountants and other law firm compliance forums.

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Are you considering becoming an SRA-regulated freelance solicitor? What services can freelance solicitors offer? SRA-regulated freelance solicitors can offer both reserved and non-reserved services directly to the public. However, if you want to offer reserved services, such as conveyancing, litigation or probate, you must: ● have practised for a minimum of three years following admission ● have adequate and appropriate insurance for all the work that you do. ● have a UK practising address If you only intend to supply unreserved legal services, such as employment advice or personal injury, the above requirements do not apply. In November, we introduced new rules which allow solicitors to offer services without being part of a wider practice, such as a firm or authorised sole practice.

How do freelance solicitors work? Whether or not you are offering reserved services, if you want to work as a freelance solicitor you must: ● practise in your own name as an individual

● not employ anyone else ● be instructed and paid directly by clients

Can I hold client money? Only freelance solicitors who provide reserved services can hold client money, and even then only for paying fees or disbursements for which you are responsible. What do I need to do to become a freelance solicitor? You must let us know if you want to work as freelance solicitor, including telling us whether or not you will be offering reserved services. You can do this by completing a notification on our website. Where can I find more information Visit the our website for more information on working an SRA-regulated freelance solicitor.

Cyber Security doesn’t have to be daunting! Introducing the National Cyber Security Centre. For hard-pressed small businesses, the prospect of taking measures to protect themselves from cyber attacks can understandably seem daunting. In this relatively new world of cyber security, it can be difficult to know where to start. At the National Cyber Security Centre (NCSC) we regularly engage with SMEs, so we well understand this predicament. But we also know it doesn’t have to be this way. Our message to SMEs is twofold: cyber security doesn’t need to be daunting, and we are here to help. The NCSC was set up in October 2016 in support of a national ambition, outlined in the UK Government’s National Cyber Security Strategy, to make the UK the safest place to live and do business online. The NCSC helps to manage and mitigate the impact of cyber-attacks. Our other ambitions are to better understand cyber threats; reduce the attacks that get through; respond when they do;

and nurture a culture where cyber security can thrive in the future.

can help limit the impact a cyber breach has on your business, is to be prepared.

SMEs are pivotal to the UK’s economy; they account for 99.9% of the UK’s private sector businesses. Feedback from SMEs and representative bodies had emphasised to us the need for consistent, easy to find and follow advice that is inexpensive to implement. Companies that are at the very start of the pathway and are looking to implement basic cyber security controls should start off with our free Small Business Guide and the Small Business Guide: Actions List as they provide quick and easy steps that could save time, money and even your business’ reputation.

This is why we have launched the Small Business Guide: Response & Recovery. A simple, easy to use guide to help small businesses prepare their response and plan their recovery to a cyber incident’. It is a 5-step guide which takes users through the process from preparing for incidents through to learning lessons from them.

Alongside essential cyber security controls, small businesses need to be prepared for how to cope and deal with a cyber breach or attack. As a UK business there is around a 1 in 3 chance that you will experience a cyber breach* When something happens, such as a cyber incident, it can be difficult to know how to react. We understand you will want to resolve the problem and get back to business as soon as possible. The best way you

There are many more NCSC resources that can help you improve your cyber resilience. If you want to improve your cyber security further, then you can seek certification under the Cyber Essentials scheme, which has the benefit of demonstrating to your clients (or prospective clients) that you take the protection of their data seriously.

**The Department for Digital, Culture, Media and Sport's 'Cyber Security Breaches Survey 2019' reported that just over a third (32%) of all businesses have identified at least one cyber security breach or attack in the last 12 months (and 31% have among micro and small firms).

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24th Annual Conference Malaga All sole practitioner solicitors are invited to join us at our Annual Conference weekend. We also invite members of small firms who will find our event extremely useful and an economical way to achieve training objectives. As with previous conferences, you are most welcome to bring family members to enjoy the social side of the weekend.

knights since they settled on this street, with the Palacio de Buenavista as its most significant feature. Visit the Cathedral and see real works of art. Stroll down Málaga’s main street and learn more about the Marqués de Larios. Admire buildings of different ages and be enthralled by the stories that the city can tell. The conference will start on Friday 5th June 2020 with three exciting optional events, a morning golf competition, an afternoon tour of Málaga City and our Drinks and Tapas Reception at the Carmen Thyssen Museum. The reception at the Carmen Thyssen Museum is for adults only and is your opportunity to network with national and international colleagues. Saturday and Sunday daytime will be full of presentations by eminent guest speakers, covering everything you need to know as a Sole Practitioner. The President of The Law Society,

2020’s Annual Conference will be in the glamourous and historic city of Málaga on the edge of the Mediterranean Sea. More than 3,000 years of history have passed since Málaga’s establishment by the Phoenicians up to achieving the beautiful, friendly and cosmopolitan city that enchants tourists from all over the world today. The Roman Theatre and garum (Roman fish paste) pools will take you to the times of Roman Hispania. Meanwhile, the Alcazaba is the most beautiful living example of the period of Muslim domination. Experience the reconquest (La Reconquista) by the Catholic Monarchs from the Santuario de la Victoria (the Shrine of Victory). Or stroll along Calle San Agustín, formerly known as the Calle de los Caballeros, the street of the

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Simon Davis, has confirmed his attendance and representatives from the SRA and Legal Ombudsman have also been invited to attend, use this opportunity to have your voice heard. Our Fiesta on Saturday evening promises to excite, featuring authentic Spanish cuisine and entertainment, party the night away in Spanish style.

‘‘

THIS IS A CONFERENCE NOT TO BE MISSED!

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Programme Friday 5th June 2020 09:00 to 13:00 Golf Morning 12:00 to 19:00 Registration: Please visit the registration desk when you arrive to pick up your welcome pack 14:00 to 17:00 Afternoon tour of Málaga City 19:00 to 22:00 Drinks & Tapas Reception at Carmen Thyssen Museum (Adults only, smart casual wear) Sponsored by De Cotta Law Saturday 6th June 2020 (Suggested CPD hours: 6) 09:00 to 09:20 Registration 09:20 to 09:30 Welcome to Conference with Penny Raby, SPG Chair

09:30 to 17:30 Business and Professional Practice Sessions including the AGM of Sole Practitioners’ Group. 18:30 to 19:30 Cava Reception 20:00 to late SPG Fiesta Gala Dinner including a Spanish Feast and Flamenco Sunday 7th June 2020 (Suggested CPD Hours: 4) 09:30 to 11.30 Legal Update Breakout Sessions for Specific Subjects 11:30 to 12:00 Refreshment Break 12:00 to 12:50 Business Advice Sessions 13:50 to 14:00 Close – SPG Conference with Joanna Connolly, New SPG Chair

Accommodation Accommodation - bookings to be made DIRECTLY BY DELEGATE WITH THE HOTEL. The rates have been confirmed as: Double for single use……… 151,80€ Double for double use……. 162,80€ *TAXES included *Price per room and night *Bed and breakfast Bookings are to be made via Barcélo’s website. Please book quickly as rates are subject to change.

Prices Sole Practitioner Delegate – Both Days £180.00 including VAT (£150 excluding VAT) Sole Practitioner Delegate – Saturday £150.00 including VAT (£125 excluding VAT) Sole Practitioner Delegate – Sunday £90.00 including VAT (£75 excluding VAT) Non-Sole Practitioner Delegate – Both Days £240.00 including VAT (£200 excluding VAT) Non-Sole Practitioner Delegate – Saturday £180.00 including VAT (£150 excluding VAT) Non-Sole Practitioner Delegate – Sunday £120.00 including VAT (£100 excluding VAT)

SATURDAY DRINKS RECEPTION & FIESTA – CHILD PLACE £24.00** including VAT (£20 excluding VAT) Saturday Lunch – Adult Guest Place £34.00** including VAT (£30 excluding VAT) Saturday Lunch – Child Guest Place £15.00** including VAT (£12.50 excluding VAT) *Includes wine and soft drinks **Includes soft drinks All prices are per person.

FAQs Where is the hotel? The hotel is 10.3km away from Malaga/Costa del Sol Airport and 500m from San Andrés beach/Huelin beach. What are my transport options for getting to and from the event? There is a train which operates from Málaga airport directly to the Barceló. Alternatively, there are always plenty of taxis for you to jump in. For maps and transport information please visit the Barceló Málaga website. https://www.barcelo.com I don’t want to stay at the Barceló Málaga, what other accommodation options are there? There are also many other hotels in Málaga, catering to a number of different budgets. For more information please see the accommodation section of http://www.malagaturismo.com/en# I want to bring my family with me to Málaga, what can they do whilst I am attending the Conference? There is something for everyone in Málaga! Your family could spend the day on the beach, visit the local artisan markets, visit the local museums and art galleries, or spend the afternoon by Barceló’s rooftop swimming pool.

Please note the delegate fee includes the daytime programme only. Lunch on Saturday is included in the price for the delegate only. FRIDAY GOLF MORNING TBC FRIDAY TOUR OF MÁLAGA CITY TBC FRIDAY DRINKS & TAPAS RECEPTION AT CARMEN THYSSEN MUSEUM There are lots of ideas at http://www.malagaturismo.com/en Free of Charge, restricted places, please book early, adults only SATURDAY DRINKS RECEPTION & FIESTA ADULT PLACE How can I contact the organiser with any questions? £66.00* including VAT (£55 excluding VAT) Please email Charley or Nick at info@spg.uk.com or call 01895 256972.

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Council Member‘s Report A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA

I attended the Law Society Council meeting, along with Clive Sutton, on 5 December 2019. Some of the key issues we discussed at the Council meeting are set out below together with an update on current Law Society activities.

The SRA Council welcomed Anna Bradley, Chair of the Solicitors Regulation Authority (SRA). She set out the SRA’s draft strategy for 2020-2023 which is out for consultation until 23 January 2020. The draft strategy has three main objectives high standards for the SRA and the profession, technology and innovation, and anticipating and responding to change. Reflecting on her first year as Chair of the SRA, Anna talked about the good foundations in place at the SRA and the big agenda of change that had just been delivered. She also highlighted issues such anti-money-laundering, access to justice, diversity and lawtech which were affecting sectors of the profession. Anna also spoke about the need for strong relationships, including with the Law Society, and the need to recognise the respective roles and responsibilities of each organisation. Anna emphasised that together the Law Society and the SRA could work very effectively. Council had a discussion around its response to the SRA strategy consultation and the need to be clear about the respective roles of each organisation. Anna Bradley is due to attend the SPG Annual Conference in June 2020 so you will have an opportunity to chat to her there.

Academic Review of Regulation Stephen Mayson’s review of legal services

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regulation, under the auspices of UCL, was discussed and it was agreed that a short letter would be sent in response to his interim report, setting out the Law Society’s concerns about its suggested multi-layered approach to regulation.

The Solicitors Qualifying Exam (SQE) Since the SRA began to develop SQE in 2014, the Law Society has responded to all four rounds of consultation and the SRA have responded to many of the key issues raised. The inclusion of a degree level qualification and two full working years of qualifying work-experience as requirements were major wins. The Law Society has also been heavily engaged in ensuring the profession is aware of the upcoming change to legal education, working closely with the Junior Lawyers Division. Most recently this culminated in an updated SQE overview available on the Law Society website. The overview outlines all currently known information on the SQE and is regularly updated with new information as it becomes available. Alan East (Chair of the Law Society’s Education and Training Committee) has been conducting a podcast series focusing on different elements of the SQE. The most recent of these was recorded with Julie Brannan (Director of Education and Training at the SRA) covering the SQE 1 pilot results. The podcasts are released every 4-6 weeks and aim to provide different perspectives on the SQE’s development. Alan has also spoken

at regional meetings with sole practitioners around the country to explain what the changes will mean in practice.

Wales Commission on Justice The published recommendations of the Commission on Justice reflect long held frustrations based on the view that Wales has been historically under funded and hit harder than England by the cuts to justice funding by Westminster Governments over the last decade. Estimated expenditure by the UK government on the justice system in Wales has fallen by a third since 2009-10, although increased funding by the Welsh Government and Welsh local authorities has offset some of this. The Commission’s recommendations are wide ranging, and the Law Society’s Wales office is in the process of canvassing members across Wales for their views.

Criminal Justice Campaign The Law Society achieved a number of successes as part of its criminal justice campaign, which was initially launched in January 2019. Highlights from the September to October period included: ● Publishing new analysis on “released under

investigation”, which highlights problems with increased usage. This resulted in wide press coverage in the Express, Daily Mail, Channel 4 News, the Guardian, the Telegraph, the Times and over 115 local news outlets. This was based on new data obtained by the law firm Hickman and Rose and a Law Society paper

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written in collaboration with members of its Criminal Justice Committee. Following this, the Government announced a review of the use of these provisions. The Law Society also held meetings with Diane Abbott (Shadow Home Secretary) and Louise Haigh (Shadow Policing Minister) to discuss the issue. ● A “Write to the Lord Chancellor” e-action was

launched calling for action on legal aid deserts and criminal justice – 640 members took part sending letters through the link provided on the Law Society website.

The Solicitor Brand Campaign Council heard that the Solicitor Brand campaign continues to promote the profession as honest and honourable, approachable and accessible experts in their field, client focused, delivering value for money and adding value to society. The media relations team, with the support of subject matter experts

from the staff team and the many volunteer Committees, achieved a 59% increase in broadcast media coverage in the year to 31 October 2019. The member survey made it clear that being a strong voice in the media is one of the things members expect and value from the Law Society.

Other Council Business Council agreed its annual workplan, having agreed the budget and business plan in September. It also made some changes to the Law Society’s General Regulations further clarifying aspects of the SRA’s independence following changes to the internal governance rules set by the Legal Services Board, and heard details of the Law Society’s ongoing programme to ensure full compliance with these changes by the required date of July 2020. A further discussion about the future size and shape of Council was held, with the aim of getting Council’s views on the latest stage of the Council Membership Committee’s work. The intention is to ensure that the profession is effectively

reflected in the governance structure of its professional body. The next Council meeting is due to take place on 12 February 2020. Regular updates from my Law Society activities can be found on the SPG website on www.spg.uk.com. If you would like any further information on Law Society activities, or wish to discuss any issues affecting sole practitioners, or would like me to raise any matters with the Law Society, please do not hesitate to contact me on info@legalswan.com or on 0121 551 7866. I would also be interested to hear any thoughts you may have about how the Law Society can support you or what you would like to see it doing for you. Lubna Shuja Law Society Council Member for SPG Chair of the Law Society Membership and Communications Committee Member of the Law Society Board December 2019

Forthcoming Regional Events Whether you are a new SP or already have a wealth of experience running your own firm, why not contact your regional group and find out what events they run. Regional Group meetings can be the perfect opportunity to air your views, keep up-to-date with changes that affect your practice, meet like-minded solicitors, make new contacts, share ideas, earn CPD points, make new friends... Witney Regional Meeting Wednesday 26th February 2020 Time: 6pm-8pm Venue: Como Lounge, Witney OX28 6BB Host: Penny Raby & Co Speaker: Richard Williams, Policy Associate of the SRA Topic: New SRA Rules Clear explanation of your new obligations and an opportunity to raise any questions. Free refreshments • Free CPD This follows on from a very enjoyable and successful regional meeting on the 4th December at The Beckford Arms. The first regional meeting to take place in the Cotswolds & District Region. Please don’t miss the opportunity to join us in Witney for what will no doubt be another very successful meeting!

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The 3 critical factors that could be limiting the growth and profitability of your legal practice Growing a legal practice or small law firm is hard at the best of times. But sometimes there’s more stacked against us than we realise – and if we don’t have a clear picture of what’s stopping us from growing, it’s twice as hard to know what to do to overcome it. Over the years, I’ve identified 3 Critical Factors that limit the growth and profitability of most small legal practices, but the good news is that once you’ve identified which ones are impacting you, you can start to create a plan to overcome them.

1 Model: The professional services model is ‘broken’ The traditional professional practice model is stacked against growth and profitability because it’s essentially a time-for-money model. Even if you work on fixed fees, you’ll generally be calculating them by reference to how many hours you think it will take to complete the work and what hourly rate you’d like to achieve for that work – so it’s still time-for-money. This model is inherently limited by the number of hours you and your team have in a day. In addition, in the traditional professional practice model most fee-earners are expected to do many non-fee earning tasks such as marketing, networking, talking to potential clients, billing and so on. This takes away time from fee-earning activities and further restricts your ability to generate profits.

2 Method: in many cases, the method used for growing a practice is misguided For most small firms, when they think about growing their fee income, they think about increasing the number of clients they have. In most cases that leads to a focus on business development and marketing activities. But this method may be misguided for some practices because it overlooks the fact that

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fee-earners may not be converting as many of those enquiries into paying clients as they could be, meaning enquiries are wasted. If this is the case, time spent on improving conversion rates would do more to increase client numbers than time (and money) spent generating more enquiries.

that if you overcome the problems of using the wrong method for growing your practice and having insufficient mastery of the business skills needed for growth, then the limiting effect of the professional services model will be greatly reduced.

Focusing on generating new enquiries also ignores the five other ways of increasing fee income and profits in a legal practice (without needing more enquiries), one of which is getting more work from existing clients. Missing out on these other opportunities means you work harder (or spend more) than you need to in order to get the fee income growth you want.

If you’re not sure what steps you should take to remove or reduce these Critical Factors, you can hear my recommendations for the most commonly-needed strategies and tactics in my FREE online seminar ‘3 Steps To Eliminating the Blocks That Keeps Most Small Practice Owners Working Too Hard For Too Little Money’.

3 Mastery: Mastery of business development skills is often missing or not given the attention it deserves

If getting more clients and/or getting more work from existing clients is a key part of your role, and yet you aren’t trained in how to do this quickly and effectively, then either it will take a long time to get the results or you simply won’t get the results you want in the time available. This means that the valuable time spent away from fee-earning won’t generate enough new work to be financially worthwhile. So it’s important to learn the skills you need to be as good at the business of law as you are at the practise of law.

Overcoming these Critical Factors If you feel that the growth of your practice could be limited by any of these 3 Critical Factors, then it’s important to assess: 1. Which of these Critical Factors is limiting the growth of your practice the most? 2. What would be the effect of removing or reducing that limitation? 3. What steps can you take to remove or reduce it? The traditional professional services model is the hardest of the Critical Factors to change (although some firms have done it) but you’ll find

About the author: Michelle Peters (The Business Instructor) is a former practising solicitor and the creator of the Profitable Practice Programme for sole practitioners and small firm owners who want more clients and to increase their profits without working more hours. In addition to working privately with lawyer clients, Michelle frequently runs webinars and workshops to help lawyers identify what is slowing them down from having more of their ideal clients and higher profits, and what to do about it. Michelle is also the author of the No.1 BestSelling Book ‘The Client Magnet Strategy for Lawyers’ which is available on Amazon or via her website: www.thebusinessinstructor.com/book

PROFITABLE PRACTICE GROWTH SECRETS WORKSHOPS FOR SMALL LAW FIRMS Discover how to attract more of your ideal clients and double your profits without working more hours DURING THIS POWERFUL 1 DAY WORKSHOP YOU’LL LEARN: The 3 Critical Factors that limit the growth and profitability of most small legal practices and how to overcome them The 3 Essential Elements of a Profitable Practice and how to put them to work so they do the heavy lifting of growing your practice (and you don’t have to work harder) The secret 3+3 Formula for Profitable Growth that means you double your profits without doubling your clients

The 9 ‘accelerators’ you can install into your practice to attract and convert more of your ideal clients and increase your profits without working more hours How to create a Profitable Practice Gameplan to take what you’ve learned from the workshop and turn it into a strategic plan to achieve your practice growth goals in the next 12 months

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ABLE COMMUNITY CARE

Angela Gifford

MD, Able Community Care Talking About Care for a Loved One in 2020.

Talking about care for a loved one in 2020

Christmas and the New Year are the times of the year when many families meet, and this leads to the discussion that a loved one needs care support or increased care support.

Care is available from many care providers and a look online at www.Yell.com will bring up the care providers yourNew local area. Christmas andinthe Year are the times of the year when many families meet, and this

leads to thelive discussion loved one needs or increased support. If you in a rural or that remotea area of the country thecare list ofsupport available care providers willcare be significantly

reduced and as a family, you may think that a move to a residential care home is going to be the answer to

community is respected. Care isthe available from many care providers and a look online support needed. at www.Yell.com will bring up the care providers in your Care has been providing Live-in Care local area. This is not necessarily the situation. Live-in Care, havingAble careCommunity workers supporting you in your own home, packages throughout the UK for 39 years. We introduce is the alternative to making the often-sad exit from your home of choice, your own. appropriate carers into your home on a fortnightly basis and If you live in a rural or remote area of the country the list of care workers will help with your and personal needs, your domestic tasks provide system of objective is to provide youand withcan a rotational availableLive-in care providers will be significantly reduced as a care our carers whom you have chosen to support you.is family, you may think that a move to a residential care home is companionship. Your home and how you wish to live in your home and surrounding community going torespected. be the answer to the support needed. Our website at www.ablecommunitycare.com gives Community has been providing Live-in packages throughout UKwish for we 39 can years. information andthe if you alsoWe send you our This isAble not necessarily theCare situation. Live-in Care, having careCaredetailed carers into isyour on a to fortnightly basis brochure. and our objective is questions, to provide please you with information If you have give us a workers introduce supportingappropriate you in your own home, the home alternative call on 01603 764567 and we will be happy to answer them. making the often-sad exit from your home of choice, your own. a rotational system of carers whom you have chosen to support you.

gives detailed informationCare and has if you wish we can also sendof Able Community provided millions of hours Live-inOur carewebsite workersat willwww.ablecommunitycare.com help with your personal care needs, you our information brochure. If you have Your questions, please give a call on 01603 764567 will be reliable careussupport throughout the UKand and we beyond. your domestic tasks and can provide companionship. home and how you wish tothem. live in your home and surrounding happy to answer Able Community Care has provided millions of hours of reliable care support throughout the UK and beyond.

Wishing everyone, young and old, a very Merry Christmas. Wishing everyone, young and old, a very Merry Christmas. g Live-in Care Because the choice to stay in your own home with your own front door is priceless. www.ablecommunitycare.com

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For a free brochure on any of our professional care services call us today on 01603 764567 info@ablecommunitycare.com

2020

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Judgements concerning the recording of transgender on a birth certificate Neil Sullivan

The increasing societal commitment to the well being of those wishing to express different gender identity and gender expression together with the legal recognition of same, is important for the protection of individuals, their dignity and their health. Recent instances however, concern the ability of a transgender people to amend the birth certificate of a child to reflect their own changed gender, which in one 2015 case was rejected by the Registrar and also by the High Court1. This has obvious implications for DNA testing in terms of checking for Parental Responsibility and in carrying out the work, whereby intimate details may be revealed. There are two cases which highlight the need for fresh consideration of how we might integrate transgender rights into legal parlance and process. In the aforementioned case (the first of its kind) a person male at birth who was undergoing transition to female requested that the Registrar of Births amend her child’s birth certificate to reflect her new name. This was refused and resulted in proceedings under Article 8 (respect for private life) and Article 14 (discrimination on the basis of transgender identity2) of the European Convention of Human Rights. This was rejected on the basis that the interference with the Article 8 right was justified but not material, since it would only be under rate situations (we expect paternity testing to be one of them) that the transgender female would be required to produce the full birth certificate. A changed certificate might record the sensitive information or require disclosure, but of course, it would only need to be revealed to those with an obligation of confidentiality, despite the fact that in this case she had identified herself as transgender on social media. Furthermore, a birth certificate can only be altered to correct minor errors or when parents marry or enter into a civil partnership following the birth3. The Registrar of Births does not have discretion concerning the categories that are recorded on the birth certificate, which are“child”, “father”, “mother” and “informant”. Indeed, the Registrar successfully argued that point in terms of the legitimate aims of the Births and Deaths Registration Act 1953. There was justified interference with the claimants rights under the ECHR because there was a need for; a) an administratively coherent system for the registration of births and b) a need to respect the rights of others such as those of the partner and child of the transgender person and, of particular

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relevance, the fundamental right of a child to know the identity of his or her biological father. In a subsequent case4, a person female at birth and living as a male (TT) had a child (YY), biologically theirs, by artificial insemination. At the point at which the child was born, a valid Gender Recognition Certificate was in place, so the biological mother was male. The Registrar has decided that the birth mother must be registered as “mother” on the birth certificate. This is against the wishes of TT who asserts that as a matter of domestic law, he should be regarded as the father or secondarily, in a gender neutral manner as “parent”. Failing that and assuming he has to register the birth as “mother”, then he considered that this would be a contravention of Article 8 of the ECHR. If upheld on the other hand, YY will be the first person born in the UK without a mother on their birth certificate, since other transgender males have accepted the “mother” annotation. Those acting for YY have issued and application for TT to be declared YY’s father under the Family Law Act 1986, s55A. Society is in the process of normalising its institutions to accept the status of transgender persons but of course in this case must also take into account the separate needs of the child; their Article 8 rights should not be compromised by the decisions of a parent. If the status quo is not upheld, then as a DNA testing company we will inevitably at some point detect a biological female registered as the father, maybe with another registered father or father unknown or a biological male registered as the mother. The biological facts of course, cannot be denied5. In 1953 social motherhood and fatherhood were presumed to reflect biological motherhood and biological fatherhood. The increasing complexity of social relationships since that time have been

recognised by the law and provide interesting points regarding the registration of the birth of a child in situations of surrogacy, adoption and assisted reproduction, which may provide precedent and guidance as to how the parentage may be best recorded when one of the parents is transgender. In any event, in all three cases, once the child has attained the age of 18, the respective legislation allows for the child to obtain information on their biological parentage. The judgement on the latter case, delivered 25th September 20196, is profound. It establishes, for the first time under English Common Law, a definition of “mother”, which is the status of a person who undergoes the physical and biological process of carrying a pregnancy and giving birth. The law has of course now recognised that while a female may have changed to the male gender, they derive parental status from the biological process of giving birth, that is, they are the mother. Under the Births and Deaths Registration Act 1953, they must be recorded as such.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: www.dadcheckgold.com. Tel: 0191 543 6334 email sales@dadcheckgold.com

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Sex and gender - some definitions There has been a neologistic expansion of terminology concerning sex and genderâ&#x20AC;Śhere are explanations for a few of them! The difference between Sex and Gender â&#x20AC;&#x153;Sexâ&#x20AC;? relates purely to biology and refers to the genetic make up, which is either male (an X and a Y chromosome), female (two X chromosomes) or intersex. Gender on the other hand, is largely a social construct relating to behavioural, social and psychological characteristics; it may take many forms . Sex and gender may overlap, but should never be confused. Biologically, humans are most often classified as binary, i.e. either male or female. Transgender Transgender (often applied to non binary gender identities) is an umbrella term that describes a diverse group of people whose internal sense of gender is different than that which they were assigned at birth. It refers to a gender identity which does not align with the gender assigned at birth. Gender dysphoria applies when the individual has a sense of dissatisfaction with their gender. To attain transgender status in the law,

an individual must be diagnosed with gender dysphoria by a professional and then apply for a gender recognition certificate under the Gender Recognition Act, 2004. Whilst this piece of legislation allows transgender persons to obtain a new birth certificate for themselves, it expressly precludes the fact of gender reassignment as a means to alter the status of the transgender person as the mother or father of the child and thus ensures the continuity of parental rights and responsibilities . Intersex It has long been recognised (since ancient times) and in different cultures that some people are neither male nor female (in whole or in part) or, are a combination of male and female. This is driven by genetic, hormonal or physical features, that is, by their intrinsic biology. For example, some intersex people may have XXY as their chromosome set. Presently in the UK, intersex

people may not change their sex classification unless they declare that they are transgender then they would have to seek a professional diagnosis of gender dysphoria. Equating intersex with transgender is not appropriate. 1JK, R (on the application of) v The Secretary of State for the Home Department & Anor [2015] EWHC 990 (Admin) (20 April 2015) 2Goodwin v United Kingdom (2002) 35 EHRR 18 and PV v Spain (11 April 2011) (Application No 35159/09) 3Births and Deaths Registration Act 1953, sections 29,14 and 14A 4Administrative Court and Family Division in the Matter of TT and YY [2019] EWHC 1823 (Fam) 5As Lord Simon noted in the Ampthill Peerage Case [1977] AC 547, page 577: "Motherhood, although also a legal relationship, is based on a fact, being proved demonstrably by parturition". 6Neutral Citation Number: [2019] EWHC 2384 (Fam). Case number FD18F00035.

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Probate Litigation - what to do when the administration is challenged Some of the most distressing litigation arises out of disappointed expectations after the death of a loved one. Many probate practitioners, with no contentious practice, find themselves faced by aggressive applications and prefer to refer to another sole practitioner who will deal with the Chancery Court application without fear of losing the whole relationship with the client and their family. We specialise in family litigation, including complex divorce finance issues, and we have represented many satisfied clients in cases involving disputed wills and applications under The Inheritance( Provision for Family and Dependants) Act 1975 (commonly called the Inheritance Act). Beneficiaries under wills may find their inheritance challenged for many reasons, including:

1 2

Allegations that the will does not comply with the formalities of the Wills Act 1837, s 9 and is therefore invalid.

Allegations that the testator lacked competence at the date the date the will was made. This is an increasingly common with the diagnosis and understanding of dementia and Alzheimer’s disease. In both of the above cases the claimants will usually be those who would have inherited from an intestacy if the will had not excluded them. On the other hand claims can be made, even if the will is valid, by anyone who qualifies under the Inheritance Act, if they have a reasonable expectation of benefit from the estate. This covers far more potential claimants than most of our clients would expect, so for example they might presume that a spouse, or even ex spouse might have a claim, but not a cohabitee. However, a cohabitee can claim provision as long as they have lived as spouse in the same household as the deceased for a continuous period of at least 2 years preceding the death. Adult children, or other dependents, may also claim if they can prove their significant dependency. If a claim is made that for some reason the will is not valid, or is missing, then usually the claimant’s solicitors will file a caveat at the Probate Registry which prevents the issue of a probate certificate and therefore distribution of the estate. In the first instance that lasts for 6 months, although it can be extended, but clearly this delays administration until the settlement or order on the claim. In spite of the frequently highly emotional disputes arising from these claims, in the vast majority of cases they are settled, and nearly all are adjourned part way through the process to allow for ADR before a suitable mediator. The courts have recently recognised the importance of allowing time for negotiation without forcing parties into premature contentious hearings. In the case of Cowan v Foreman (2019) EWCA Civ 1336 the Court of Appeal held that the practice of parties’ solicitors agreeing to extend the usual 6 month time limit after the Grant of Representation for making claims under the Inheritance act while they pursued pre-action negation should be recognised and encouraged, which emphasised the

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benefit of seeking professional advice on these difficult matters as soon as possible to try to come to agreement with as little expense and distress as possible. We have had great success in advising, settling and litigating on these matters, and would be happy to discus your client’s case with you with no obligation or expense, and of course in the confident knowledge that we do not act in uncontentious probate or conveyancing and there is no risk of losing the client. On the contrary, we are always looking for more noncontentious sole practitioners to network with, so do call us for a meeting in person or by Skype to see how this can benefit both firms.

Penny Raby SPG Chairwoman 2019 – 2020 Please contact me at pennyraby@harmony-house.co.uk

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The New SRA Accounts Rules A Practice’s Guide for Compliant Software Rules, with the intention being to reduce the burden on law firms and enable them to use their professional judgement in how they apply and maintain the required standards. Firms should already have familiarised themselves with the new rules and developed processes that fit the practice, including a review of accounting and practice management software, to ensure that they have the systems in place to fully support the business in its compliance.

Law firms are now in the midst of a wave of regulatory change, with the SRA Standards and Regulations replacing the SRA Handbook on 25th November. Included in this change are a new set of accounting rules, governing the way in which all firms regulated by the SRA manage their accounts and deal with Client money.

The new rules do not offer an introductory period. Firms are expected to comply from the outset, so it is essential to review how your firm is performing against these new rules, and whether your software is suitable in practical terms.

For example, the rules regarding payment of Interest to your Clients stipulate that the payment to them must be “fair”, but also that you may, by agreement, come to a different arrangement. There are some software systems which apply prescriptive rules – some even in line with the old Law Society limits and de1minimis rules. For firms formulating and applying The new Accounts183x134 Rules are much shorter and SRA Compliant 02/12/2019 19:08 Page their own procedures in line with the “reasonableness” less prescriptive than the SRA’s previous Accounts

rule, you need your systems to be adaptable to you. Another change is the removal of prescriptive timings and deadlines. For example, where firms may previously have been required to transfer monies within 14 days, or bank cheques within two days, these exact requirements have been removed and replaced with the firm’s own procedures and timescales for what is reasonable. Legal accounting software has always aimed to simplify these transactions and provide notifications and reports to highlight breaches, but if your software is not up to date, it may not be able to ensure your compliance with your new procedures. There are a number of resources available to law firms that provide information on the new rules, and firms must review their software with compliance in mind. This will determine whether they are able to fully support your business and prompt any necessary changes should your firm require further functionality or an alternative supplier. Deborah Witkiss Professional Services Director at Insight Legal

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Book Reviews by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

THE CLIENT MAGNET FORMULA FOR LAWYERS How to attract and convert more of your ideal clients

a Client Conversion System to dramatically increase your success at turning enquiries into clients: hot prospects to hard instructions. So, whether you are an established lawyer, or new to our profession, the book will be essential reading if you want to increase the quantity and quality of your clients in a way that’s both ethical and which works.

By Michelle Peters ISBN: 978 1 79863 412 7 THE BUSINESS INSTRUCTOR LTD www.thebusinessinstructor.com

Michelle’s mission is simple: “would you like more – or higher quality – clients for your legal practice?” And, if the answer to these questions: “have you had little or no training in how to attract your ideal clients”, and, “are you suspicious of traditional marketing and ‘sales’ tactics” is “help”, then this book is just for you.

A GREAT REALITY TEST FOR ATTRACTING THE DISCERNING CLIENT TO YOUR FIRM IN THE 2020s “The Client Magnet Formula” by Michelle Peters arrives at just the right time for your growing and discerning business. Michelle has practised as a solicitor at a large international firm in London and gives us very positive advice via her fascinating formula in her new role as a business adviser. She has now swapped her main legal career for the advice role which is great news for us as she develops her formula. In its essence, Michelle’s book gives us a realistic perspective (we could add “prospect”) on what you can do as a lawyer to be more successful attracting the right type of client base without jeopardizing your professional status. We think it’s a “musthave” book for the twenty-first century professional lawyer.

The paperback book was first published on 26th September 2019. You can download the first 4 chapters of the book free at www. thebusinessinstructor.com/free-chapters

the hampden consultancy Building services (mechanical & electrical) consulting engineers Expert witnesses / Expert advisers / Expert assessors

As “The Business Instructor”, Michelle’s aim is for lawyers to attract more clients. The simple, and obvious aim will be to increase their profits without working more hours. Michelle strongly believes that to grow a practice you need to be good at the business of law as well as the practise of law. That point remains a controversial problem in many practices hence the need for this book. Her strategic advice, training (including marketing and conversion skills) and mentoring ensure her clients know what to do, how to do it, and – most importantly – get it done. We think that this book will enable you to increase the number of clients you attract. The formula lets you work only with those who will appreciate you and who don’t quibble about fees (yes, there are some around). So, by using Michelle’s “Client Magnet Formula”, she says, it means for you! And that “you won’t have to ‘sell’ your services or do anything that feels unprofessional”. Applying the strategies and systems on offer gives us these constructive lessons which we have summarized here: learn how to use a powerful “Client Magnet” to attract significantly more enquiries from your ideal clients; and develop a Client Attraction System to attract new enquiries, freeing you from time-consuming and sometimes futile networking, and the uncertainty and unevenness of referrals.

ince 1993 we have specialised in assisting clients in resolving technical and contractual problems with respect to mechanical & electrical engineering services that can (and often do!) occur on many construction projects, whether during the pre-contract or construction phases, or indeed post-contract. As such we have been retained either as expert advisers, party-appointed experts or as single joint experts in respect to disputes between building owners/end-users & their contractors or between contractors & their subcontractors concerning technical and/or contractual aspects related to mechanical & electrical engineering services. We have also acted for clients in issues involving professional negligence of M&E consulting engineers.

Please call Bob Swayne EngTech AMIHEEM for an initial discussion without obligation on 01494868868 or 07768497005 or visit our website on www.thehampdenconsultancy.com for more details.

Added to these points, you will discover reading the book yields the secret to helping clients see the true value of your services. It means you can increase your fees and still have clients say ‘yes’, and also be able to create

spg.uk.com The Hampden Consultancy.indd 1

14/05/2018 14:40

How digitisation is changing the future of home-buying By Jonny Davey, Product Manager at Geodesys Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it. Living in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society. The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge backend systems that collate that data and package it to be resold.

Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke control zone conditions or light obstruction notice conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time. The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and re-run for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction.

CURRENT ESTIMATES INDICATE THAT HALF OF ALL UK HOUSE SALES The scheme has been universally FALL THROUGH BEFORE COMPLETION, acclaimed by those that are already participating and is due SO THERE IS A CLEAR NEED TO IMPROVE to roll out across a further 18 Local Authorities over the next THE HOME-BUYING PROCESS AND 18 months. It’s hoped that all 326 Local Authorities within MAKE THE DATA THAT WE HAVE Similarly, house-buying is ripe England will be offering digital with data and there is always WORK FOR RATHER THAN LLC within 5 - 7 years. appetite to streamline the process. The Land Registry’s initiative is a great Current estimates indicate that AGAINST US. While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident.

half of all UK house sales fall through before completion, so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.

Information collected along the way includes personal data about buyers and sellers as well as surveyor reports, significant property improvements and environmental data. While these records are useful, managing the sheer volume of repetitive data associated with the house-buying process is often cited as a major cause of delay in transactions going through and even leading to ultimate failure. Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.

showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?

Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these details accessible through an online portal, attributed to every registered address and summarised instantly for potential buyers (and their legal representatives) at the touch of a button and for a set fee? In other words, each property would come complete with its own set of data at the point of being offered for sale. Sound familiar? It’s not entirely different to the abandoned Home Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept.

If you’re using any Drainage and Water report other than the CON29DW…

Good luck

The CON29DW is the only drainage and water report that gives your clients all the information they need. No inferring, no ignoring, no insuring. When it’s your reputation on the line, do you really want to leave it to luck? It’s your call…

Call 0800 085 8050 Email customer.services@geodesys.com

www.geodesys.com

030

Fairweather Law rolls out superior combined Quill-Redbrick package Fairweather Law uses a combined Quill-Redbrick software solution for legal accounting and case management respectively. The practice decided to switch because its previous supplier inflated its fees thereby making it unsustainable for the future. Jack Fairweather, Director at Fairweather Law, describes the decision-making process: “When we were given a very substantial fee increase, it suddenly became the right time to migrate onto something new. The first stage was installing Redbrick to manage our matters and documents with workflow assistance. “The second stage was legal accounts software. We sought recommendations from Redbrick, of whom Quill was a strong shortlist candidate, took references from existing software users, had sales demonstrations then compared costs and functionality. “Ultimately, there were multiple reasons for choosing Interactive from Quill. Where cost’s concerned, it’s chalk and cheese to what we paid before. No law firm can be complacent about introducing financial savings. “Where functionality’s concerned, the overall user interface is so much better, particularly the dashboards which are extremely easy to use. There are many more features too, not least the

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wider range of reports which our fee earners find especially insightful as a means of monitoring their own progress. Overall, it’s a superior combined package.” Having operated its incumbent application for nine years, the team at Fairweather Law adopted a pragmatic approach allowing a six-month period for implementation in order to alleviate potential disruption. “Although we were unhappy with our old supplier, it was still a big change as we’d really bedded in over nine years,” continues Jack. “We were advised by Quill to take our time for implementation for things to be done seamlessly. Thankfully, that’s exactly what did happen. Even my dad, who’s a founding partner of our business and was fairly traumatised by the last software rollout which went far from smoothly, has commented that he didn’t encounter any difficulties this time. “The whole changeover was professionally handled by Quill. Full credit to them that it’s been so straightforward and gone completely to plan.

We all knew what we wanted to achieve. This was a major contributory factor in our success. “We’re now in the midst of familiarisation, putting our training skills to use and finding our way around Interactive but already our staff are happier. While we acknowledge it’ll take time to get used to the new system, we know it’s not going to be a laborious task because of Interactive’s inherent user friendliness. Although somewhat forced to change, signing for Interactive has been the best decision.”

For more information, please contact: Julian Bryan Managing Director, Quill Castle Quay Manchester M15 4NJ Tel: 0161 236 2910 Email: j.bryan@quill.co.uk Web: www.quill.co.uk

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Case closed.