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Council Member‘s Report A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA
There is so much to report on since the last SOLO magazine in summer. Firstly, as many of you will already know, I am delighted to confirm that I was elected as Deputy Vice-President of the Law Society of England and Wales and took office at the AGM in October 2020. More about that elsewhere in SOLO! Unfortunately, the pandemic continues and we are now in the middle of the third lockdown with no real end in sight although the vaccine has provided some hope. Remote Council meetings have continued, and it has been another very busy period of continued hard work at the Law Society to support members through the ongoing challenges. Brexit has finally happened but that is by no means the end of the matter for members. The Law Society Council last met remotely on 9 December 2020. I set out below details of the main issues discussed at that Council meeting together with a brief update on developments since then. A copy of the CEO’s report to Council’s December meeting, which contains more detailed information, can be found on our website at www.spg.uk.com.
The 3Rs campaign As indicated the pandemic has continued to be a critical issue for the profession. The ‘Reset, Resilience and Recovery’ campaign has supported members whilst the Law Society has continued to engage with the government on key issues such as the operation of the courts and the status of solicitors as key workers. The Law Society’s new website has been updated with revised guidance on the third national lockdown and what it means for members. If there are any particular issues on which you need further advice or support, please do contact me to let me know.
Covid-19 and Lockdown The Law Society has called for a two week pause of non-custody Crown and magistrates’ court work amid escalating safety concerns in courts. Whilst the Law Society has maintained throughout the pandemic, that it is essential for
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justice to continue to be delivered, the safety of court users and those working within the justice system is paramount, particularly as new strains of the virus are emerging. Due to serious concerns expressed by a significant number of members about safety in courts and the rapid acceleration of transmission, the Law Society has urged urgent be taken in courts to ensure safety and stem the rate of infections. The Law Society has suggested that a two week pause in all non-custody work in Crown and magistrates’ courts will allow measures to be taken to ensure courts are safe. The Law Society published its “Law under lockdown” report on 25th September 2020, in time for the September review of the Coronavirus Act 2020 in the House of Commons. Included were issues such as how access to justice had been affected, eg for those in prisons and other forms of detention, and the extent to which other important safeguards, such as those contained in the Care Act 2014 and Mental Health Act 1983, had been affected by the introduction of temporary easements. The Law Society continues to focus on the next review of the Act in 2021.
Tax Advice Work If your firm does any type of tax advice work, you should have applied to the SRA or another AML Supervisor, such as HMRC, to be supervised for money laundering under the Fifth Money Laundering Directive which amended regulations around the definition of a “tax adviser” to include more activities than before. Areas where tax adviser services may now require registration include litigation, family, employment law, estate planning, wealth management and corporate. Conveyancing and
mergers/acquisitions were already in scope. You should have registered by 10 January 2021 but you can still apply if you have not done so.
Attacks on the rule of law The recent months have been challenging for the rule of law. You will all have read about the comments made by the government referring to “activist lawyers” and “lefty lawyers”. The Law Society objected strongly to this rhetoric and this was widely welcomed by members. The Law Society’s joint briefing with the Bar Council in relation to the Internal Markets Bill was cited many times in Parliament. Submissions were also made to the Independent Panel looking at the future of judicial review. The Law Society set out the minimum standards for any system of judicial review.
Regulation The LSB recently approved the SRA’s SQE application. The Law Society has consistently raised members’ concerns about the impact the SQE may have on equality and diversity in the profession, with stakeholders and is pleased to see further commitments from the SRA in this area. The Law Society has also worked extensively with members to develop a position on the economic crime levy.
Promoting Access to Justice In January 2021, the Lord Chancellor settled a case bought by the Law Society regarding costs assessments which means that solicitors now have the right to have civil legal aid bills between £2,500 to £25,000 assessed by either the Legal Aid Agency (LAA) or by specialist judges, while the LAA consults with the profession on the most appropriate way for legal aid costs to be assessed in future. Previously
