Solo Winter 2024

spg.uk.com

TO INSPIRE TO PROMOTE TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE

27th Annual Conference - June 2024 "Easing the Burden!"

solo Winter 2024

IN THIS ISSUE: A conversation with an Ombudsman PII Season Review and Outlook for 2024 Focusing on your Health & Wellbeing in the New Year

solo

contents winter 2024 4

From the Chairwoman

5

Honorary Secretary’s Report

22 Health & Wellbeing - Focusing on your Health & Wellbeing in the New Year

5

From the Editorial Team

23

Law Society Legal Heroes 2024 open for nominations

6

Anti-Money Laundering

23

Would you like to be in the Spotlight!

7

SPG Regional Groups & Meetings

7

SPG Social Media & Communications

24 The importance of early succession planning for sole practitioners

8

What’s Going On? Up & Coming Events

10

SRA Meeting Update

25 Environment & Sustainability: Home based office Doing our bit!

12 Introducing New Capacity - PII Season Review and Outlook for 2024 14

Maintaining healthy boundaries between home and work

15

SPG Executive Committee 2024

18

Spotlight on... Neil Griffin

19

In a conversation with an Ombudsman

FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA

Published by: EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral, Merseyside CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

27

Record breaking year for charity legacy income

28

Book Reviews

29 Dramatic increase in the number of people seeking support because of bullying at work 30 Deputyship and Statutory Will Applications: How does a probate genealogy firm help?

Advertising Simon Castell Editor Sukhjit Ahluwalia Editorial Team Sheila Mann

Layout David Coffey, East Park Studio Accounts Tony Kay Published Winter 2024 © East Park Communications Ltd.

Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

04

From the Chairwoman

Both I and the SPG Executive Committee would like to wish you all a happy 2024. I would also like to thank the members of the SPG Executive Committee for their invaluable assistance last year.

The New Fixed Recoverable Cost regime The changes were implemented on 1 October 2023 for nearly all Part 7 civil litigation claims issued on or after that date up to a value of £100,000 are starting to affect those working in the civil litigation area and I hope everyone has reviewed all their client care and conditional fee agreements to ensure that they will be enforceable following these changes.

As I mentioned in my report in the last edition of Solo, Kerry Underwood from Underwoods Solicitors, who is a leading authority on costs, suggests the following new clause, or something similar be inserted into your client retainers: You will pay us a sum equivalent to the Fixed Recoverable Costs set out in [Table 12:CPR45.44-Fast Track] [Table 14:CPR 46.50-Intermediate Track] plus 50%, meaning that the total paid by you is 150% of the Fixed Recoverable Costs in those Tables.

It is probably also a good idea to attach to the client retainer the Fixed Costs Schedules Top Table Event The SPG Top Table Event at Hanbury Manor on 25 November 2023 at Hanbury Manor was a great success. It was informative with members engaging with heads of our regulatory and representative bodies as well as key industry leaders.

Paul Phillips, the Chief Executive of the SRA was in attendance with his SRA team and gave an interesting speech on the compliance issues of concern. Members, and I think the SRA, found the format of the Top Table Event helpful.

The Legal Ombudsman was also present and updated members on the way complaints are being dealt with. The address for the Legal Ombudsman has changed from 1 January 2024

spg.uk.com

to Edward House. Quay Place, Birmingham, B1 2RA. All clients should be updated with this information and the address changed in all client retainers.

The Chairman of the Law Society Board, Robert Bourns was also present. As Robert was retiring as Chairman the SPG Executive Committee presented him with a gift and also played a film montage of his life and career (with the assistance of his lovely wife Fiona) to mark the close relationship he enjoyed with the SPG. I am sure we all wish him well for the future.

Engagement with Regulators and the Profession We continue to engage with our Regulators on issues concerning our members. To this end, we meet and engage with the SRA in particular on a regular basis, the last meeting being in Birmingham on 14 December 2023.

We attended, as Exhibitors, the SRA Compliance Officer Conference, which took place at the International Convention Centre, Birmingham, on 18 October 2023. The Conference was interesting, informative and we enjoyed meeting our members who were there, both old and new.

We continue to address the issue of how best to deal with the unregulated sector and how best to increase consumer protections in this regard.

Legal Services Board Matthew Hill, Chief Executive of the Legal Services Board is stepping down at the end of March 2024 so that he can take up a new role as Chief Executive of the Chartered Insurance Institute. I am sure that we all wish him well with his new role.

Engagement with Members Our Vice-Chair, Rahil Chaudhari is also the Regional Groups & Associations Officer.

Rahil is implementing changes to enhance member engagement and participation, over the next couple of months and he will be visiting the regions so as to be working closely with the regional groups, supporting our members. The SPG Executive Committee will also start to hold their Executive meetings in the different regions and will invite members to the dinner afterwards.

We want to ensure that our members' voices are heard, and their needs are addressed effectively.

We continue to maintain contact with our members via Mail Chimp notifying you of seminars, consultations and other items that may be of interest you.

The SPG website’s members private interactive forum is live and can be accessed here spg.uk.com/forum As it is a private member only forum, you will need to first register to access it. Members can engage with each other and access useful information in their areas of practice as well as other areas.

LegalEX The SPG Executive Committee, headed by Sukhjit Ahluwalia, attended the LegalEx at Excel, London as a partner on the 29 -30 November 2023. I was also there. It was an interesting an informative event and we look forward to attending next year’s event.

Committee Attendees If any SP member would like to attend the National Executive Committee meetings as an observer, please contact me at joanna@spg.uk.com.

Joanna Connolly SPG Chair

05

Honorary Secretary’s Report

Dear Members, Happy New Year! I trust this message finds you in good health and high spirits. As we embark on a new year, I wish you all a year filled with happiness, success, and exciting opportunities.

Let’s take a moment to reflect on the events of the past year. We're delighted to report the resounding success of our Annual Conference in Venice and the intimate yet impactful Top Table Conference at Hanbury Manor.

While the formal Annual General Meeting (AGM) was postponed last year due to organisational changes, members present at the Annual

Conference in Vienna received comprehensive updates on recent developments and had the chance to pose questions. This year, we anticipate a formal AGM, and we will keep you informed about the details. The upcoming Annual Conference is slated to be held abroad, with a shorter Top Table event scheduled in the UK. This dual arrangement offers our members the opportunity to network both internationally and domestically, catering to diverse preferences and constraints.

the need to seek additional subscriptions from our members. We encourage you to consider Lockton for your indemnity needs, as part of our agreement ensures they deliver the best service to our members.

Our esteemed Chair, Jo Connelly, continues her role during the transitional phase before handing over the reins to Vice Chair Rahil Chaudhari. We express our gratitude to Jo for her dedication and efforts, especially in her collaboration with Lockton, facilitating sponsorship renewals and supporting our events. We are confident that our incoming Chair will build on these achievements and bring fresh perspectives to further enhance and fortify the group. The current members of the executive committee are listed in the Solo magazine and on our website.

Our sincere appreciation goes to Anika and Sheila for their administrative support. Their assistance in managing inquiries, and other organisational tasks helps contribute to the smooth operation of our group.

Renewing our collaboration with Lockton, our preferred insurance broker, is a significant milestone. We are thankful for their unwavering support, both personally and financially, enabling us to maintain our independence and forgo

Warm regards,

This year, our executive meetings will be hosted at various locations nationwide, a deliberate effort to broaden engagement. If you are curious to learn more about our group and these meetings, please feel free to reach out.

Rest assured; we will keep you updated on developments within the legal profession. We remain committed to advocating for the best interests of Sole Practitioners, ensuring that the Voice of the Sole Practitioner is not lost within the broader legal landscape.

Tahira Shaffi SPG Honorary Secretary

From the Editorial Team I can’t believe we are already in 2024, where does the time go to? It only seemed like yesterday that we were working on the 2023 Annual Conference, held in Vienna, and here we are cracking on with organising the 2024 conference, which is going to be held in June this year…..that’s a date for your diaries! The theme of this year's conference is "Easing Your Burden", and we could all do with some help with that!

An incredibly Happy and Healthy New Year to you all! I hope you enjoyed the festive break and managed to recharge your batteries, ready for the year ahead.

These days social media is used for more than just posting a photo of your dinner on Facebook, or those “out of focus” pictures of the Summer family bar-b-q, (other platforms are available for this, as well).

It is now widely used as a business communications tool, and the SPG are going to be more visible in this area. Using TikTok, Instagram, and Facebook, along with LinkedIn and Twitter for sharing short snippets of information. I personally love this idea as it’s a more fun way of communicating and grabbing people’s attention, than the usual “round robins” which businesses have traditionally used. I simply can’t wait for the Exec Team’s lip-syncing video! They probably won’t, but trust me, I will be working on it!

Sheila Mann Editorial Team

spg.uk.com

06

Anti-Money Laundering

I would like to begin with wishing everyone a Happy New Year and hope all are in best of health. Kickstarting this new year with advancements by businesses in the financial sector, Anti-Money Laundering (AML) denotes a set of legal and regulatory measures set out to combat financial crimes, including, but not limited to money laundering, proliferation financing and terrorist financing, with the aim to prevent and detect such crimes.

In the legal sector, this is an especially important practice where firms are regularly handling large amounts of money in the course of standard undertakings; due to the nature of the business, these firms are at a high risk of money laundering and so must adhere to these preventative measures. Moreover, due to the existence of so-called Professional Enablers that facilitate these financial crimes, there is an increased risk that these crimes will occur and has been evident to be so.

To combat this, the SRA created dedicated teams focusing on AML Policy, AML Proactive Supervision, and AML Investigation that aim to tackle the issues at an individual firm level by setting out guidance on the precautions these firms must take, namely Firm Wide Risk Assessments (FWRA) that must reflect the nature and size of the business. Issues, however, arise when these individual firms do not follow the guidance set out to them by neglecting to do their due diligence and follow the aforementioned regulatory measures, policies, and procedures, or carrying out thorough risk assessments.

Fee earners should take particular care to train staff and correctly assess the level of risk on an

spg.uk.com

individual client basis, paying special heed to what the FWRA highlights as the level of risk the firm should be treating all matters; oftentimes it is failures by the fee earner that can lead to issues with money laundering. With the advancements in technology such as Artificial Intelligence coming into effect within the larger firms to utilise the expertise and good data to lead to good outcomes in order to maintain the system and minimise mistakes. With a large 75% firms investing into this development this will soon fuel into the smaller firms to assist with analysing and assist with risk management.

With the prevalence of these issues and the number of reports of money laundering received in recent years in mind, it is important to impress upon firms the significance of following AML guidelines and measures to detect and prevent such cases of money laundering. Firms should treat and handle clients and matters appropriately and accordingly from inception, ensuring that customer due diligence is adequately carried out; this would require that thorough checks of sources of funds and verification of identity are completed from the outset, and that firms are individually risk assessing clients and matters by taking into consideration the purpose and size of transactions to be handled. Additionally, as having an FWRA has been a requirement since 2017, it is essential that firms adhere to this by ensuring that they have such an assessment in place, and that subsequent risk assessments comply with the guidance, as well as information the SRA itself publishes to supplement. Firms should be discouraged from taking a tickbox approach to risk assessments as they may not highlight to the firm the potential of risks in matters that may be more nuanced or complex.

Setting aside the clients themselves and the risks they pose, it is crucial that firms are fully informed about individuals and organisations handling matters to prevent the presence of professional enablers. According to the definition agreed by the National Economic Crime Centre (NECC), “[a] professional enabler is an individual or organisation that is providing professional services that enable criminality.

Their behaviour is deliberate, reckless, improper, dishonest and/or negligent through a failure to meet their professional and regulatory obligations.” They will not necessarily be liable as professional enablers, under the circumstances that they were not aware of the criminal activity so far as customer due diligence was carried out, robust controls and procedures to detect and deter criminal activity were implemented, and the supervisor’s code of ethics was adhered to.

However, where this is not the case, liability will likely be faced much the same as it will be faced by a professional enabler that willingly facilitates the criminal activity.

It is vital that firms practice in accordance with AML guidelines to prevent and detect financial crimes and must do so meticulously to bring the number of money laundering reports down that involve preventable firm omissions.

Chaman Balu Executive Committee Member

07

SPG Regional Groups & Meetings Since the last edition of Solo, we have been working on the regeneration of the Regional Groups. I have contacted all known Regional Group Chairs to find out how the SPG can support them in their role.

If you Chair a Regional Group and have not received an email from myself, kindly contact Sheila, from our Administration Team by email at the following email address: assistant@ ahbusinesssolutions.co.uk. We will then add your details to our Regional Groups database and the SPG website, along with finding out how the SPG can support you, moving forward.

I would like to attend as many Regional Group meetings as possible, to be able to find out what topics the members would like to be included in the meetings, to aid them in the running of their practices. The SPG will also be sending out a short questionnaire to all members via Mailchimp, asking for their views and opinions as to what they would like to hear from the SPG.

Rahil Chaudhari SPG Vice Chair, Regional Groups & Associations Officer & Communications & Media Officer

SPG Social Media & Communications The SPG Executive Committee has been exploring additional and effective channels to share information with our members. In today's business communities, social media has become increasingly prevalent.

Recognising the potential missed opportunity in connecting and relating to our members, I Rahil Chaudhari have taken on the role of

Communications & Media Officer to ensure that the SPG brand goes from strength to strength. Your support in the upcoming year, will be most appreciated, so that we can effectively reach our members, increase SPG visibility and hopefully our membership.

Our goal is to enhance visibility through platforms such as LinkedIn, Facebook,

Instagram, and TikTok, in addition to our regular communication through Mailchimp.

Stay tuned for our upcoming video blogs.

Rahil Chaudhari SPG Vice Chair, Regional Groups & Associations Officer & Communications & Media Officer

spg.uk.com

08

What’s Going On? Up & Coming Events WITHIN THE SPG: The SPG Events Team are busy preparing for the SPG Annual Conference 2024, which will be held in June this year and the theme is, “EASING YOUR BURDEN”.

• For more information visit their website: www.sra.org.uk/sra/news/events/

21.02.2024

• LeO - LeO myth busting - Online course • For more information visit their website: www.legalombudsman.org.uk

DAY 1 Easing your compliance burden: Focusing on SRA rules, AML compliance, GDPR, cyber security, PII.

22.02.2024

• LawCare - How stress affects your mind and body - Online workshop

• For more information visit their website:

DAY 2

www.lawcare.org.uk

Easing your business burden: Focusing on marketing, with lots of tips on and facts to help you run your business, including looking after your own wellbeing.

07.03.2024

• LSB - Reshaping Legal Services - Conference • For more information visit their website: www.legalservicesboard.org.uk

We will be keeping you updated, and information will be available on the SPG website as it is released.

12.03.2024

21.03.2024

remedies - Online course • For more information visit their website: www.legalombudsman.org.uk

• For more information visit their website:

20.03.2024

16.05.2023

Law and Wills and Probate - Webinar • For more information visit their website: www.legalombudsman.org.uk

• For more information visit their website:

• LeO - A practical approach to determining We are also working on the SPG Top Table 2024, the dates will be announced shortly.

ELSEWHERE THAT MAY BE OF INTEREST: 28.02.2023

• SRA -SQE: scaled scoring and SQE1 results YouTube video

• LeO - Complaint handling webinar - Family

• Law Society - Risk and Compliance Annual Conference 2024 www.lawsociety.org.uk

• ILFM Legal Compliance Conference: Navigating Finance & Managing Excellence www.ilfm.org.uk

Our gift to you!

The SPG events attendance discount scheme.

Following on from last year and going forward, as a special thank you to the members of the SPG family who regularly attend the SPG events we have introduced an added discount, as follows:

• SILVER - 10% discount for members who have attended an event in the last year.

• GOLD - 15% discount for members who have attended the last three consecutive events.

• PLATINUM - 20% discount for members who have attended the last five consecutive events.

When the SPG announce future events, all members that have attended previous events will receive their own personalised discount code, this is to be used when booking your tickets. The extra discount will be applied on top of any early bird discounts offered.

This offer is only open to members booking for full event tickets and cannot be used when booking guest tickets.

Sukhjit Ahluwalia SPG Conference & Events Organiser & Marketing Manager

spg.uk.com

A different path to the same goal.

Post pandemic, operating as a sole practitioner is increasingly challenging, as rising indemnity costs and overheads put more pressure on your time and resources.

With Taylor Rose MW, our consultant programme enables you to focus on growing your business and providing client care, by freeing your time and capital to invest.

Our consultants enjoy not only the backing of a top 60 law firm with over 30 offices nationwide, but the control and flexibility over their earnings, clients, hours and rates.

Our consultants work from the office, home or both. Offering you a career without limits or restrictions. So if you have 4 years PQE+ you too can join!

“The consultancy model has turned my career on its head. This model of working is superb.”

Mark Quinn, Consultant Solicitor

Why choose us? · Earn up to 75% of what you bill; minimum earning 70% · Choose your own clients, fees, hours and volume of work · Work from home, 100 days access to hot-desking facilities · PII cover up to £20 million · Free calls via our app · Access to nationwide offices and meeting rooms · Fully optimised CMS and electronic systems · Access to business development · Dedicated liaison team and technical head for ops, legal support and training

To find out more, read our brochure or arrange a confidential call, please email consultantrecruitment@taylor-rose.co.uk or visit our website www.consultant-solicitor.co.uk

010

SRA Meeting Update Anti Money Laundering (AML) The SRA updated that in October they published an AML warning notice. It warns firms that they need to do more to accurately assess any money laundering risks posed by clients/the services they are seeking. While some firms are doing well too many are not compliant and must do more. their latest thematic review suggests a significant majority are not getting it right.

Common issues: • client/matter risk assessments not being done at all or not being used correctly. For example, correct level of risk (high, medium, low) not identified, specific AML risks missed out, fee earners failed to consider AML risks and instead targeted business or other types of risk or adopted a tick-box approach without giving any real thought to the risks involved. client/matter risk assessments not reflecting • or taking into consideration the firm-wide risk assessment. For example, a fee-earner assessing a conveyancing matter as being low risk when the firm-wide risk assessment stated all conveyancing matters should be treated as high risk.

• an over-reliance on template risk assessments which are not tailored to the firm, missing areas which should be covered.

• not clearly showing when enhanced due diligence was necessary, which risks this not being carried out.

Next year they will consult on fixed financial penalties for AML systems and controls failings.

The failings will include not undertaking a client or matter risk assessment. This should help address the continued levels of non-compliance in essential AML controls.

The SRA have also published their annual review of their anti-money laundering work, outlining some of the broader themes identified in 2022/23.

Immigration The SRA published in September a warning notice on immigration. It focuses on themes that they have picked up through recent investigations, as well as through their wider work. It follows the interventions of three firms following the Daily Mail investigation that they updated on in September.

spg.uk.com

Issues identified have included poor drafting of applications, advising clients to pursue totallywithout-merit appeals, and solicitors supporting clients in the submission of false or exaggerated evidence to support applications.

The notice reminds solicitors of their obligations to uphold the rule of law and to act with honesty and integrity. We know most immigration solicitors do valuable and honest work - a minority is undermining the good name of those solicitors.

They have committed to publishing further new guidance to support firms, and to conducting a follow-up thematic review. This will look specifically at the provision of asylum services.

Economic Crime and Corporate Transparency Act This piece of legislation has now received Royal Assent and was enacted on 26 October. It will provide the SRA with the below new powers (these new powers have not come into force immediately).

1. unlimited fining powers in relation to economic crime.

They will review the guidance which sets out the levels of fines they issue, in consultation with the Solicitors Disciplinary Tribunal (SDT) amongst others, and this will then require the Legal Services Board’s (LSB) approval.

2. a new regulatory objective to the Legal Services Act 2007 focusing on promoting the prevention and detection of economic crime. This must be implemented by the relevant regulators post Royal Assent but will be led by guidance to be consulted on and implemented by the LSB. This will be the ninth regulatory objective.

3. new powers to proactively request information from all regulated individuals, licensed bodies and firms, in relation to economic crime.

The SPG asked if we could do some AML training online for members adding that sole practitioners would find this useful. It was agreed that it would be looked into providing a one-hour Teams session, with space for questions, in March for members.

The SPG informed the SRA that feedback at the Top Table event was that many sole practitioners are confused about AML. How far they need to go needs to be clarified.

Axiom Ince/Compensation Fund The SRA updated on Axiom Ince and the Compensation Fund. SPG said they had been following the issue. The SRA said this was a big theme at Top Table.

It was noted that the SRA has published two statements: • Axiom Ince intervention - SRA Compensation Fund update (29 November) • Axiom Ince intervention and its impacts (14 November).

It was explained these contain information that may be helpful to sole practitioners who have questions.

They are seeing a pattern of increased claims on the fund - the number of interventions has more than doubled since last year, and they have also had several large interventions.

It is too early to say how many claims there will be from the Axiom case that will need to be met from the Compensation Fund. A key reason for this is it that they need to confirm how much might be covered by the firm’s insurance, and what funds may be recovered by the administrators. They have seen claims of £33m come in, but that does not mean that £33m will be claimed from the Fund.

So, although no decision has been made about what this means for a collection of funds from the profession, it looks likely that, after years of keeping them stable, the SRA will need to increase levies. The SRA will be engaging on this through the spring and summer. This year the Compensation Fund fee was £30 for individuals and £660 for firms. Next year it is likely to increase. That isn't just about Axiom, but also the fact that they had an increasing number of interventions.

From January the SRA will begin a review of their approach to consumer protection. This could

011

include identifying where there are risks, where they can get better at identifying risks and if, for example, rules need changing on issues such as client money. They will want to involve sole practitioners in this process to make sure their views are captured.

This has become a top priority for the SRA Board, and they will update again next year.

Cybercrime and risk management The SRA updated on some of the key cybercrime trends.

They have been seeing a general fall in the amount of reported cybercrime, but it does remain a threat. Money being stolen in residential conveyancing is still a major threat for firms and every report in the first half of this year was of this nature. Phishing attacks are still common and, due to the large amount of money involved, conveyancing is an obvious target for these criminals.

Most crimes that have reported relate to e-mail fraud, generally targeting conveyancing, but not exclusively. Ransomware also remains a serious threat. Increasingly, it includes cases of criminals stealing client information and threatening to release it if they're not paid.

The Risk Outlook also notes cases of criminals compromising service providers with the attack then affecting or spreading to firms. The ongoing CTS issue is very much in the news affecting a number of firms across the market.

The SPG explained that they have not heard that the CTS issue is impacting SPG members. If any members have been impacted, we would like to hear from you.

The SPG suggest that members and all sole practitioners take a look at the SRA’s risk outlooks on AI and cybersecurity, and the National Cyber Security Centre (NCSC) Cyber Essentials training.

Artificial Intelligence (AI) The SRA gave some background on what AI is and some of the different types of AI. This included quantitative vs qualitative, analytical vs generative and supervised vs unsupervised AI. An example of generative AI is ChatGPT. Supervised AI makes predictions about data.

AI is not necessarily a magic bullet that can solve every problem. It needs expertise and good data to lead to good outcomes. AI, like any system, also needs maintenance and evaluation to minimise mistakes. Also, if data is biased, outcomes will be biased too, AI is not necessarily catastrophic - there are risks and opportunities. It has many positives and is only as good as its training.

Solicitors and AI AI is developing rapidly and so is its use in law firms. 75 per cent of large solicitors’ firms have reportedly invested in AI and we are expecting to see these systems trickle down into smaller firms. Common uses include risk identification and prediction, administrative automation and client management and also building and analysing documentation.

The SRA’s innovate programme was discussed.

It is a useful resource for solicitors that are interested in implementing AI and they also offer regulatory advice. There are SRA Innovate events, which are listed on the SRA events page, and they are looking to do more pilots.

E-mail remains the main vulnerability out there and almost every cyber-attack reported to us mentions e-mail in some capacity. Criminals will identify weaknesses, for example by hitting various email folders until one is compromised and testing commons passwords. They will often take control of accounts, sending emails from hidden folders. It is recommended to routinely check for hidden folders.

Opportunities and threats If solicitors or firms are choosing to use AI systems, they are responsible for the output of that tool. There are many opportunities and threats from AI, detailed in the SRA Risk Outlook.

Opportunities include higher productivity and faster services - AI can free up time for solicitors to focus on other things. It also has the potential to lower costs for consumers, automate routine tasks and improve training and education.

The SRA have asked solicitors to tell them when they encounter a cyberattack, anything beyond the most routine phishing emails. This can help them to understand patterns and share lessons and they will not act against firms that have taken reasonable steps to protect their systems and to deal with the aftermath.

Threats from AI include issues from its improper use or poorly trained systems. For example, accuracy and bias problems - these can cause AI to produce incorrect and possibly harmful results, either through hallucinations or amplification of existing bias in the data.

These effects can have the added problem that

people often put more trust in computers than in humans.

Maintaining client confidentiality when using AI is also an issue. Not just protecting against exposure to third parties but also making sure sensitive information is secure both in the firm and when dealing with the system provider.

Solicitors also need to remember that they are still accountable to clients for the services provided, whether or not external AI is used.

Firms will also need to engage closely with their insurers to make sure that misunderstandings do not cause unnecessary costs.

The SRA explained that AI was a big theme at the recent Top Table event and heard concerns around using systems such as ChatGPT for sensitive client matters.

EDI research The SRA reminded that they are currently undertaking research into the factors which may be causing the overrepresentation of Black, Asian and minority ethnic solicitors in their enforcement work, and are seeking involvement from sole practitioners in this research.

The SRA learnt from the analysis of data and the literature review, that factors such as the size of firm and the type of work being undertaken, do make a difference in how likely a solicitor is to be reported to the SRA for alleged misconduct.

The researchers have been contacting solicitors (from a large random sample) to invite them to take part in a discussion about their experiences.

They have asked for our help to encourage solicitors from smaller firms and sole practices to take part in this research. Those who have volunteered to be interviewed so far are mostly from larger firms.

The SPG would like to encourage as many members as possible to participate. The SRA are not exclusively looking for Black, Asian and minority ethnic solicitors, but think it is appropriate to oversample solicitors from these groups in this part of the research, to capture their experiences.

Chaman Balu Executive Committee Member

spg.uk.com

012

Introducing New Capacity - PII Season Review and Outlook for 2024 As I am writing this in January, I wanted to wish you all a happy and healthy New Year. After personally attending both the Annual Conference in Vienna and the recent Top Table event, I am already looking forward to the various events throughout 2024.

Brian Boehmer has recently released an update of what we saw in the October ‘renewal season’ and I wanted to share with you some highlights, whilst I am also pleased to be able to confirm that the positive tone to our updates is expected to continue with new capacity entering the market.

The October solicitors PII renewal season process commenced much earlier, with early/ quicker renewals on offer from many of the leading insurers, which we have continued to see heading into the spring. The positive trend continued for legal practices, with a more active (some may say buoyant) PII market. This is thanks in part to the appetite among leading insurers to grow their respective portfolios, coupled with the entry of new capacity in the market in the shape of Fortegra, albeit largely aimed at firms with 4 or more Partners. For many, this increased competition resulted in more favourable outcomes compared to previous renewal seasons.

Practice profile determines outcomes The open market for solicitors’ PII - in existence since 1st September 2000 - continues to be working well for much of the legal profession of England and Wales, particularly as competition increases. Yet for some practices, it can seem dysfunctional. Those who are likely to have suffered again at this season’s renewal are practices with a modest fee income, or whose profile includes higher-risk areas. These are not bad firms; rather, the harsh reality is that underwriters make their decisions based on purely economic factors, the major one being affordability.

spg.uk.com

If a firm undertakes what is perceived to be a higher-risk area of practice, then insurers’ claims experience dictates they must look to charge a minimum premium - regardless of how small the proportion of total work originates from these activities. If a practice’s fee income cannot sustainably afford to pay this amount, then an insurer is highly unlikely to wish to offer terms. Despite more competition, not everyone received lower annual premiums. Rateable fee incomes - one of the biggest factors influencing premiums charged - have increased in recent months, reflecting what has been a period of success for many legal practices.

Of those that Lockton proudly represent, 65.7% had generated more in fees at this season’s renewal, at an average increase of 11.39%. This growth naturally had an impact on the premium charged - pleasingly, however, premiums rose on average by a comparatively modest 3.36%, equating to a reduction of 3.82% in the rate applied to fee income. This meant that the average cost of PII did not erode practices’ profit margin.

Within this renewal period, despite increased competition and appetite, we saw 94.9% of firms remain with their existing insurers, in many instances at a reduced premium in view of competition from alternative insurers.

How an underwriter determines risk Underwriters look at several factors when undertaking their risk assessments, principally: • Activity profile - the type and volume of work undertaken. Each area of practice will carry a different risk rating.

• Client base - who practices act for, including the values involved.

• Claims experience - has a practice previously experienced claims, and what measures did they implement as a result?

• Risk management - how firms are mitigating the risk associated with their specialism(s).

This could also include supervision and governance; ratios of qualified to nonqualified fee earners; case management

system utilised; partner/ senior fee-earner peer reviews, hybrid working arrangements; workload monitoring, including culture and wellbeing.

Each and every insurer’s appetites differ when it comes to the risk profile of a practice that they are willing or able to quote competitively.

Naturally, there may be greater competition for those practices focused on areas of practice that are lower in risk. But equally, the variance between insurers pricing may be quite modest, as there will be a minimum premium charged.

For many areas of practice, insurers required additional information to finalise terms. Key topics included:

• Conveyance and property work - these exposures have long come under scrutiny.

Buyer-funded development exposures remain undesirable, due to the losses experienced by insurers. New-build work also carries a threat of sideways exposures, with developers repeating mistakes across successive plots.

Insurers’ considerations include the controls in place, and the experience and workload of the team undertaking the work. The introduction of the Building Safety Act has also led to questions posed around firms’ exposure to this type of work. Specifically, topics include their ongoing appetite for such instructions, vetting procedures adopted, and training procedures.

• Matrimonial work - insurers posed questions around practices’ appetite for offering single representation divorce, and if so, how they intend to mitigate the associated risks.

• Cyber resilience - this is becoming an increasingly important factor in insurers’ risk assessments. A growing number of insurers are insisting that practices carry a separate cyber policy to a certain level (often to a minimum of £1M) or face an additional premium. Other insurers are less concerned, largely due to a cyber policy typically only providing first-party coverage. Regardless, they do expect firms to be cyber resilient, and have the ability to obtain this insurance if desired.

013

• Financial stability - this remains a key consideration for all prudent insurers.

Participating insurers are required to provide run-off cover under solicitors’ MTCs, something which no insurer likes to provide, as they don’t receive consideration for taking on the risk. Because a practice with weak financials has a greater probability to trigger run-off, they are likely to experience a reduced set of options. Of course, there are genuine reasons for a dip in a firms’ financials, from the exit of a partner to office refurbishments. However, without a supporting explanation, insurers will be reticent to deploy their capital, with personal guarantees required in some cases.

• Succession - a particular consideration in cases of an ageing leadership team. Without receiving a succession plan, insurers are unlikely to present a credible alternative offer.

• Merger and acquisition (M&A) strategy despite various successful mergers, recent months have also seen some costly failures.

It is of utmost importance to take an insurer on any M&A journey, keeping them abreast of potential changes in the practice, and getting them to note new hires before they are taken onboard.

• Sanctions - questions relating to sanctions remained very topical throughout the season. Many insurers are now requesting that practices complete their own specific question sets before offering coverage.

Arranging finance also took longer than in previous years, with numerous finance providers undertaking enhanced due diligence before providing instalment plans.

Introduction of new capacity At the Top Table event in November, we alluded to a new insurer to be announced in the New Year and I am delighted to report that they are now open for business and that Lockton are now able to approach new A rated Insurer, Alchemy Underwriting Limited. The distribution model of Alchemy is extremely limited, and we are delighted to have been chosen by them as a key partner, meaning further choice for you, our valued client.

The Alchemy Underwriting team bring with them a breadth of experience, with the team having a vast experience of underwriting solicitors PII, previously holding roles at leading Insurers Including QBE, Axis & Sompo (Endurance), all

of which have had a clear focus on providing solutions for Sole Practitioner law firms.

As a dedicated PII Broker to the Solicitors profession, we have direct access to more Insurers than any other broker and our offering is continually improving. For current clients, your representative will reach out and discuss strategy for your renewal at the appropriate time this year.

If you are not currently a Lockton client, then I do hope our evolving offering is enough for you to engage and discuss how we could help you going forward. Please reach out to me or any of the Lockton team using the details below.

All the best for 2024.

Danny Seaman Vice President - Lockton Solicitors Lockton Solicitors solicitors@lockton.com 0330 123 3870

Strengthen your international arbitration knowledge

“Excellent systematic

coverage of key issues of the

arbitration process, providing

Find out more

a good practical foundation for further study and

Virtual Module 1 Law Practice and Procedure of International Arbitration Start date: 28 March 2024 Book by: 13 March

professional development.”

Edmund Tan, 2023 Student

Expand into International Commercial Arbitration

Global Diploma in International Commercial Arbitration (Virtual)

“The course director, Dr. Mohamed S. Abdel Wahab, and the rest of the distinguished faculty, demonstrated an impressive breadth and depth of experience. Meeting fellow candidates from around the world was another highlight. Ciarb Staff kept everything flowing smoothly... All in all, a fantastic experience!” Julia E Sullivan JD LLM FCIArb

Start date: 3 May 2024 Book by: 29 February Find out more

spg.uk.com

014

Maintaining healthy boundaries between home and work Working long hours? Struggling to sleep?

Drinking too much? You’re not alone. At LawCare, the legal mental health charity, we’ve heard from many sole practitioners over the past year or so who have struggled with working at home or remote working, have felt increasingly isolated, worried about their business, trying to spin too many plates with work and home school, and feeling like their whole life has just become about work. Sole practitioners are notorious for struggling to switch off from work and the pandemic has exacerbated that, the boundaries between work and home have become increasingly blurred and many are working longer hours than ever before.

It is likely you might be experiencing significant stress at present. Our stress response is designed to be used in short bursts of up to 30-minutes, to escape a threat to survival. A boost of cortisol, adrenalin and noradrenalin gets our heart racing and blood pumping enabling us to escape an animal chasing us, for example.

In modern life a wild animal has been replaced by a difficult client, a deadline, an over-flowing inbox but our stress response is the same. And because these threats can often be ongoing, many are existing in a near constant state of stress, which can lead to an increased risk of burn out.

As lawyers your greatest asset is your brain, and it is essential you look after and protect your wellbeing in order to do your best work and stay well. It is tempting when we are stressed to bury

spg.uk.com

our head in the sand and do even more work to try and assuage the feeling of panic, but in fact we need to do the opposite - take a break, set in place healthy boundaries between work and life outside of work, teach ourselves to switch off. Here’s some tips to help you regain some balance.

Tips for managing healthy boundaries with work • Have two phones and email addresses, one for work, one for private use. NEVER give your client your private mobile number or email address.

• Take regular breaks, including a lunch break, and try and get out for a walk every day. This may seem impossible but you will do better work if you do this.

• To avoid overwhelm do one thing at a time and break complex tasks down into manageable chunks. Disable notifications so you can focus.

• Breathe - if you can feel yourself getting anxious try taking ten deep breaths, inhaling for 5 seconds and exhaling for 10 seconds. It can make you feel calmer.

• Work sensible hours - you are not doing your best work at 11pm at night. Working longer hours is often counter-productive.

On finishing work for the day • Write a list of the must-dos for tomorrow each day and leave it where you will see it on return to your desk.

• Put your work phone and laptop in a drawer and lock it in the evenings and weekends.

• Pause, reflect for a minute or so and mark the moment you are ending your working day and transitioning to life outside work.

• If you have an office at home get a black-out blind, pull it down and shut the ‘office’ door when the day is over. If you have an area in a room to work in consider a screen, curtains or something to cover the space. You want to literally block work out.

• Announce in your most stentorian voice: ‘The office is now closed’ • Have a shower/bath, put on some music, go for a walk - do something to mark the end of the working day and the start of your evening.

If you are struggling • It’s easy to let healthy habits slip when we are at stressed but make sure you eat well, get to bed at a reasonable time and find time to do some exercise. These are essential basic requirements of staying mentally healthy.

• Take some time off work. Most of us are exhausted from carrying the emotional load of the last few months - we all need time to rest, relax, recuperate and reset and something to look forward to.

• Talk to someone. Talking your problems through makes a real difference and provides reassurance you are not alone. Contact the free, independent and confidential LawCare support service on 0800 279 6888, email support@lawcare.org.uk or visit www. lawcare.org.uk • Make an appointment with your GP

015

Sole Practitioners Group Executive Committee 2024 JOANNA CONNOLLY Chair Joanna is well known as an expert in the complex field of consumer credit law. She is a Solicitor Advocate and qualified to represent clients in the Higher Courts. Joanna’s experience and passion for helping people is reflected in her exceptionally high success rate. Joanna and her team run a thriving practice dealing with clients from all over the country. Hers is the ‘go-to’ consumer credit defence firm in the UK. Tel: 0330 053 9340 Email: joanna@spg.uk.com Joanna Connolly Solicitors 33 Cheadle Avenue • Liverpool • L13 3AE RAHIL CHAUDHARI Vice-Chair, Regional Groups & Associations Officer & Communications & Media Officer Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors.

Rahil secured an LLM at University College London and trained and worked at some of the most prestigious law firms in the City before joining Arlingsworth in 2005. Rahil is a highly experienced and versatile solicitor and specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas, his client base spans a wide range of sectors from multinational companies to private individuals.

Tel: 01273 696 962 Email: rahil@spg.uk.com Arlingsworth Solicitors Ltd 145 Islingword Road • Brighton East Sussex • BN2 9SH TAHIRA SHAFFI Honorary Secretary Tahira has been qualified for 20 years and started as a sole practitioner in 2010 after being made redundant. Working on your own can be a lonely experience but she has found the SPG to be wonderful source of support and friendship. It is important for her that there is an independent body outside of the Law Society working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has many interests outside of the law.

Tahira was previously an LEA school governor and has stood as a candidate in the local elections. She is passionate about civic duty and putting something back into the community.

Tel: 0161 222 6092 Email: tahira@spg.uk.com Mikhael Law 197 Rochdale Road • Bury • Lancs • Bl9 7BB

PENNY RABY Honorary Treasurer Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and has presented her networking pantomime ‘Snow White and the Seven Small Business People‘ here and abroad.

Tel: 01386 555 114 Email: penny@spg.uk.com Penny Raby & Co Harmony House • 7-9 Church Street Pershore • Worcestershire • WR10 1DT SUKHJIT AHLUWALIA Marketing Officer & Conference Organiser Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal, one to one service through his own practice. He has been based in Goodmayes in Ilford since 2003. Sukhjit likes to get involved in charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private or professional lives. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by.

CHAMAN BALU Executive Committee Member Having qualified as a solicitor in India in 1983, after settling in England and running a grocery shop, I found myself wanting to go back to what I had studied so hard for at Punjab University Chandigarh. In 1993, I joined Staffordshire University Law School. In 1996 I completed my CPE, it took a further few years before I found a firm that would give me the opportunity to complete my articles and I qualified as a solicitor in 2004. I finally became self-employed in 2005, and since then, I have gone on to expand the firm, this has also enabled me to allow other solicitors to train with CLB Lawyers.

Our main areas of work are Residential Conveyancing, Wills, Probate, Commercial Property leases, buying and selling Business, our work is all private client based.

Tel: 01384 451731 Email: chaman@spg.uk.com CLB Lawyers 208 Wolverhampton Street • Dudley • DY1 1ED

Tel: 020 8215 0884 Email: sukhjit@spg.uk.com Avery Emerson Gloucester House • 335 Green Lane Ilford • Essex • IG3 9TH SARAH AUSTIN Chair of the Conduct Committee Sarah Austin is a Sole Principal of her own Lexcel accredited firm, a serial volunteer, and a contributor.

Currently, she is a member of the Judicial Appointments Advisory Group, considering selection exercises for fairness and accessibility. She has authored articles, contributed to consultations, committees, boards and working parties, addressing inclusion, social mobility and governance. In addition, she holds statutory appointments for a number of Councils, as their Independent Person, dealing with complaints brought against parish, town and county councillors.

Tel: 0800 377 7716 Email: sarah@spg.uk.com Austin Solicitors Building 3, Chiswick Park • 566 Chiswick High Road • Chiswick • London • W4 5YA

spg.uk.com

018

Spotlight on...

Neil Griffin

Family Law in a Parallel Universe I am a sole practitioner with a specialist practice in the Child Support Act. My work includes both advising, and also representation in tribunals. Much comes by referral from solicitors or accountants.

The child support scheme is completely separate from the family court. It has its own rules, tribunals, and many precedent cases.

Parents can find themselves in both processes at the same time. Each operates in a vacuum from the other. Some clients regard the child support scheme as a parallel universe.

My practice consists mainly of cases where the paying parent’s income is disputed by what are called “Variations” (not to be confused with variations in Family Law). Another common dispute area is over the effect of “shared care” on the child support calculation.

spg.uk.com

I got into this work when the Child Support Act was being introduced in 1993 and have lectured widely on it ever since. In 2007, I was involved for Resolution in its parliamentary work around the law changes which led to the current scheme.

Now I am also involved in mediation, called in by a mediator to advise parties on the child support consequences of any proposed mediation, settlement or consent order.

The pandemic made a huge difference to my practice. It already extended from Devon across southern England to London and the Midlands.

Suddenly, all Tribunals went remote. There was so much less travelling! Many clients now prefer to have consultations by Zoom, especially if they are a distance from my office.

What are some of the red flag areas for family lawyers?

• Where the paying parent is a company director and appears to have an affluent lifestyle but a low income • Where the paying parent has unearned income • Where the paying parent has substantial capital • Where there is a substantial amount of shared care • Where there are high contact costs • school fees, especially boarding school fees • Jurisdiction issues • Enforcement I am always willing to have a quick chat with solicitors who are thinking of referring a child support problem. All referrals are accepted on a strict no-poaching basis if there are associated family proceedings.

Neil Griffin 01404 42609 | law@neilgriffin.co.uk neilgriffin.co.uk

019

In a conversation with an Ombudsman The ombudsman is independent and does not represent the complainant.

When the ombudsman initially contacts the firm for information, it will include a query as to what action has been made to resolve the complaint.

This is not a presumption of guilt.

Response deadlines If you cannot practically respond in time, request an extension of time as soon as possible after receiving the notice.

A letter from the `Legal Ombudsman (LEO) has the power to give us a sinking feeling, second only to correspondence from our regulator, the SRA. As a sole practitioner, any contact with the LEO, can be precluded by panic and it feels personal. After my conversation with a senior Ombudsman, I will no longer feel that way.

By way of background, LEO is an ombudsman service for the legal profession, not only for solicitors but also barristers and even notaries.

Its authority addresses legal service complaints.

(The SRA deals with complaints of conduct.

Negligence is a matter better dealt with, in the courts.)

The Legal Ombudsman expects complaints to be made to them within one year of the date of the act or omission about which the client is concerned or within one year of them realising there was a concern. The complainant must also refer their concerns to the Legal Ombudsman within six months of the service provider’s final response to them.

Every practitioner has been the subject of a questionable client complaint. However, LEO does not accept every complaint and does not presume the solicitor is automatically at fault.

You can contact the ombudsman to clarify the procedure and request general guidance.

By email: technicial.advice@legalombudsman. org.uk. In addition, you can request a call back by email.

A response can be expected within five working days.

LEO does not keep a database of complaints received against every individual firm.

LEO triages complaints received. So, each case must be decided independently and proportionally on its own individual merits.

So they will investigate matters that are: ✔ about service provision ✔ Is within their jurisdiction. ✔ the subject firm has had the opportunity to resolve the matter. ✔ has been brought within LEO’s timeframe. ✔ is likely to proceed on the balance of probabilities. ✔ is not seemingly vexatious in nature (discretionary) ✔ there is no detriment to the client Can a prospective client makes a complaint to LEO? Yes, if they believe they were unreasonably refused a legal service or offered a service not requested.

So be clear when providing service quotes.

How and when should I make a reasonable offer to settle the complaint?

Any offer made should be made through the legal ombudsman. They will communicate the offer and advise you if it is accepted. If accepted, the offer will need to be actioned within a specified time. You can make a reasonable offer to resolve matters within your firm’s complaint’s procedure or at the initial stage of the LEO complaint.

Does a reasonable offer mean LEO would want a solicitors’ firm to refund all the costs charged?

No. Any offer should be based on the facts, type of work and detriment to the client. If the matter is only resolved after a LEO investigation, the financial award is rarely equivalent to the total sum charged. It is generally a modest sum.

So, offer a reasonable sum at the first opportunity before the formal part of LEO investigation gets under way.

What if the complainant refuses my reasonable offer to settle?

The legal ombudsman will not instigate an investigation in those circumstances.

Once the Leo investigation is undertaken you are not expected or encouraged to negotiate or communicate directly with the complainant.

If the complainant rejects LEO’s formal recommendation, the finding isn’t binding on the parties.

How can I avoid a finding of fault of poor service?

Most common reasons for a LEO complaint are: ✔ lack of effective communication on procedure and timescales without regular updates ✔ delay in concluding matters. ✔ lack of transparency on costs both as to level and basis of fees in terms and conditions ✔ failure to deal with complaint or not having a complaint procedure.

When is the complaint’s outcome published on the Legal Ombudsman website?

If an investigation is formally undertaken, even if there is no finding of fault, against the solicitor firm, the result will be published for a year. So, it would need to be declared (with a full explanation) when renewing your Professional Indemnity Insurance. Not all PII providers will increase your premium, especially if there was no finding of fault.

Does poor service always result in a finding of fault?

No, because the poor service must also result in a detriment to the complainant. It is defined as e.g., financial loss, distress, inconvenience, or other proven detriment.

In conclusion, if you receive a LEO notice of a complaint against you or your firm, read it carefully, call the technical helpline, discuss it, and respond promptly and fully.

Consider offering a reasonable sum at the first opportunity. Even if the complaint is unsustainable on the facts. As the purpose of the offer is to resolve matters without a formal finding, which could affect your firm’s reputation.

The Case Fee (currently £400) is only charged if there is a LEO formal finding of fault. If the case is resolved between the parties and not by a LEO investigation and formal recommendation, the case fee is not payable.

LEO does not expect solicitors to be perfect but accountable.

spg.uk.com

022

Health & Wellbeing Focusing on your Health & Wellbeing in the New Year

Let’s start the new year with a focus on your health and wellbeing. Eating better, drinking less, getting more active, getting enough quality sleep, and connecting with others. These are a few simple ways through which we can achieve a healthy and more meaningful life.

Take time to focus on things that you would like to achieve in the coming year, it is important not to put too much pressure on yourself. Set your goals and make sure they are measurable and achievable. Anything from last year that was not done can go on the list, or not, if it is not important. The aim is to recognise that you do not need to do everything.

As we step into the new year a little older and hopefully wiser, we should use everything we have to take care of ourselves, our families and our work. n Eating Better and Drinking less Having a balanced diet is an important part of maintaining good health and will have positive effects on both your physical health and mental wellbeing. This also means eating in the right proportions to achieve and maintain a healthy body weight. Drink less and track your drinking with apps and learn simple and practical tips to help you control your drinking habits. n Physical Activity Being active is not only great for your physical health and fitness but can also improve your mental wellbeing.

It doesn’t have to be a chore - consider taking the stairs instead of using a lift, taking a fitness class, getting off the bus earlier than your usual stop to walk the remainder of your journey or signing up for a dance class with friends. n Quality Sleep Good-quality sleep makes a significant difference to how we feel, both mentally and physically, so it's important to get enough. If you're having trouble sleeping, there are simple steps you can take to improve your sleep by getting into a daily bedtime routine and ease those restless nights.

spg.uk.com

‘‘

AS WE STEP INTO THE NEW YEAR A LITTLE OLDER AND HOPEFULLY WISER, WE SHOULD USE EVERYTHING WE HAVE TO TAKE CARE OF OURSELVES, OUR FAMILIES AND OUR WORK n Spend time with others Good interpersonal relationships with your family, friends, and a broader community, are critical for mental wellbeing. The development of stronger, broader social connections can increase your feelings of happiness and selfworth, so make the effort to spend time with others and participate in activities with them. It may be as simple as stepping out for an evening walk with a friend, getting a coffee with them or visiting the shops together.

Celebrate your achievements, large or small, and let this be the norm. It is about taking time to acknowledge something positive you have done and to encourage you to keep on going. Reward yourself with breaks, buy yourself a present or simply take time to relax. This is an investment in you…

Remember to listen to your body and do what makes you feel good. Feeling good is important and vital for your wellbeing.

Sheila Mann

023

Law Society Legal Heroes 2024 open for nominations The Law Society of England and Wales has opened nominations for Legal Heroes 2024, which recognises the solicitors who stand out for making a lasting difference.

People across England and Wales are being encouraged to nominate their Legal Hero someone who has made a difference to the lives of others, their local community or society over the last two years.

Nominations are open from 1 February to 28 February 2024.

President of the Law Society Nick Emmerson said: “We are excited to be once again celebrating solicitors who are committed to helping people in their local communities and beyond.

“Solicitors are the backbone of the justice system

and our Legal Heroes are people who use their skills, expertise and drive to put the interests of others first, demonstrating the core values which are at the heart of our profession: helping others in need.”

Last year, nominees attended the ceremony with their friends and family to celebrate their achievements.* They were nominated for their work in a widerange of charities and projects, from working to end honour-based violence and female genital mutilation, to supporting those without representation in court or access to legal aid in private family law cases.

One Legal Hero was recognised for their efforts to improve disabled access in the law while another was integral to a case which protected retired solicitors and public insurance against the closure of the Solicitors Indemnity Fund (SIF).

Others have worked tirelessly to keep legal aid alive for children and young people experiencing difficulty in their education, while another Legal Hero helped set up a fund that enables social welfare workers to take qualifying law exams.

This year’s Legal Heroes will be announced by Law Society president Nick Emmerson at an event at 113 Chancery Lane in September 2024.

Would you like to be in the Spotlight!

Members contribution to the Solo magazine wanted We are already working on our next edition of the SPG Solo magazine, and we would like to get as many of our members involved as possible.

The topic of your article would be of your choice, it could be about: l A change in the law that you have an opinion on. l An interesting article you have read that you think may be of interest to our members. l Something specific to the area of law you practice in. l A book/course/seminar that may be of interest/benefit to our members. l Your life in law. l Anything law related that is amusing - that would be a bonus!

The article would ideally have a maximum of 750-word count, but that is not set in stone, if find yourself in full flow.

The deadline for you to submit an article is 18th April 2024!

You will appreciate that, depending on the number of articles we receive, we cannot guarantee that your article will be included in the next edition. But we will keep them on file, so that they may be used in later editions of Solo.

To submit an article, please click email your submission to info@spg.uk.com.

spg.uk.com

024

The importance of early succession planning for sole practitioners Planning retirement becomes increasingly important as we get older, and it is a phase in life that many eagerly anticipate. For those in the legal industry, particularly sole practitioners, retirement necessitates careful consideration and preparation.

Retirement and succession planning can be a complex process. Effective preparation is essential to facilitate a seamless transition into retirement.

The brutal fact is, “fail to prepare, prepare to fail”.

Developing a well-thought-out succession plan is vital for ensuring that the retirement journey is smooth.

You may wish to establish a successor practice to take over your caseload and staff following your retirement; or you may plan to appoint a member of staff to succeed you.

With all the increasing regulatory burdens, punitive cost of Professional Indemnity Insurance run off cover and the risks associated with being a successor practice, sole practitioner businesses are becoming less and less attractive as an acquisition target.

Increasingly, outsourcing the runoff for ongoing matters and closing the firm compliantly is becoming another alternative.

spg.uk.com

Whether you decide to voluntarily close your firm or have a successor practice in place to take over your firm, planning for the event years in advance will pay dividends.

When to start succession planning The sale, transfer, or compliant closure of a law firm can be a lengthy, complex, and often expensive process. For this reason, it is important that you start to make succession plans as early as possible.

Simple arithmetic: start providing for the cost of PII run off cover from 10 years out. Initiate a savings plan with a monthly instalment of 1/120th of the current cost, 5 years out 1/60th of the current cost. Suddenly that doesn’t sound quite so daunting.

Get to D-Day and a buyer materialises, Brucie bonus, a significant additional cash lump sum.

The reality for many sole practitioners today though is that if no buyer materialises, they cannot afford the runoff cover and therefore cannot afford to stop working.

Another area to discuss with your accountant is whether you are still operating as a traditional sole trader, or possibly as a small partnership. You may wish to consider incorporating the business.

This opens numerous alternative exit strategies that potentially separate the business from your personal affairs if things are not quite as rosy as you would have liked at point of hanging up your boots.

Some of the things you will need to consider before you retire may include, informing the SRA of your plans to close or sell, transfer or close your firm, informing your clients of your retirement plans, and obtaining appropriate run-off cover.

How can R&R Solutions assist in your succession planning?

The R&R Solutions model can be used to assist in sole practitioner succession planning.

Our process involves discreetly selling a firm’s cases to multiple purchasers on our panel of solicitors. This mitigates the risks to the buying firms and results in a higher value for the work in progress (WIP) being recovered, whilst ensuring SRA compliance.

Our team manage the transfer of files from start to finish, placing case files with an approved law firm to protect the integrity of the client’s case.

To find out more, contact us using the details below.

025

Environment & Sustainability Home based office - Doing our bit!

How are you doing?

All businesses have a responsibility to have an Environmental & Sustainability Policy, even those that work from home. Looking back over the last twelve months have you consciously being doing enough to fulfil your responsibilities?

Here are some ideas for actions you can take while you are working from home to live and work more sustainably.

Implement the 5R’s According to the 5 R's, four actions should be taken, if possible, prior to 'recycling': • Refuse • Reduce • Reuse • Repurpose • And then recycle Following the 5Rs will help you make better choices: Refusing and Reducing means you’ll bring less into your home; Reusing and Repurposing stops new items from being made and old items from being wasted; and Recycling deals with what’s left (now a lesser amount thanks to the first four steps) by keeping it within a closed loop system.

Reduce excessive emails and large attachments • Although digital communications save paper and printing energy and costs, energy is still used to send, receive and read online documents.

• Emails acknowledging a communication are often unnecessary and waste energy - an acknowledgement in the subject line of an otherwise blank email is more effective and energy efficient.

• Use messaging apps, they are often more energy efficient for short informal messages.

• Avoid adding attachments to emails, this can be very energy inefficient if the document can be accessed on cloud storage.

• Ensure printers and mobile phone chargers are not left on unnecessarily, especially at night and the weekend as these too will use unnecessary power.

• Monitors should be set to go to standby when you are not using your PC for ten minutes or more - don't be fooled by screensavers, they do not save energy!

• Ensure you are using your PC’s power saving settings.

Energy providers • Have a look at your energy supplier. There are lots of 100% renewable tariffs out there that are often very affordable.

• By switching supplier or tariff you could find a more ethical option and a cheaper one too (it’s usually simple and free to do so and there are online tools to help you compare prices).

Switch off!

• The greenest energy is the energy that is saved! There is no need to leave PCs or monitors on overnight.

Unplugging electronics • Do a walk around your house, unplugging any chargers, laptops or equipment which are left

on unnecessarily.

• The majority of chargers and appliances will use some energy when left plugged in or on standby. This energy usage is called 'vampire energy'.

• The only way to be sure an appliance isn't using energy is to unplug it or switch it off at the plug. The average UK household spends £35 a year powering appliance’s left on standby.

SMART meters If you don't have an energy meter, why not email your energy provider to ask if one can be installed or to request that a SMET1 meter can be upgraded to SMET2 (a firmware upgrade should be available to do this).

Every action, no matter how small, adds up when we work together - and by following these steps individually, we will start to see real results.

Sheila Mann Editorial Team

spg.uk.com

026

spg.uk.com

027

Record breaking year for charity legacy income Charity legacy income is estimated to have reached £4bn and bequest numbers almost 140,000 in the year 2022/23 - an annual income growth of 6.5%. This news comes at a time when a growing number of charities are increasingly reliant on gifts in Wills.

The growth estimate is based on this year’s Legacy Monitor from Legacy Foresight - the sector’s annual benchmarking research programme, which gathers data from over 80 charities, accounting for almost 50% of the charity legacy market.

These results reflect the resilience of the legacy market, with easy and up-to-date access to the latest facts and figures from the UK legacy market now available via Legacy Future's new Data Dashboard.

Although the upward growth trajectory looks set to continue for the long-term, Legacy Foresight also warns that current economic conditions are likely to negatively impact growth in the coming months - with falling house prices not only impacting average gift values but also affecting the time taken between notification and money being received by charities.

Despite the projected fall in house prices meaning that the medium-term forecast for legacy income is relatively subdued, beyond 2026, the forecast for the legacy market is a lot more positive, with an expected return to accelerated growth. In real terms, legacy income is predicted to reach over £6bn by 2050.

While growth in legacy income is positive news, charities need to be aware that the market is becoming more crowded. With more charities vying to be heard in the legacy market, it is getting harder to maintain and grow share.

Smaller charities with smaller budgets are finding it easier to spread their legacy programmes to potential legators as digital marketing for legacies becomes more mainstream.

Charities must therefore be prepared to plan,

invest and be creative to secure their space in this evolving sector.

CEO of Legacy Futures, Ashley Rowthorn, says: “With the huge impact that external forces such as house prices and the probate backlog are having on the legacy market, it’s more important than ever and yet more challenging than ever, for charities to understand how they are faring compared to the market.

“Charities need to stay aware and informed as to what is happening to the external drivers, so they’re able to separate market trends from their own. This will enable a better understanding of their underlying performance and to set realistic budgets and strategies for the future."

Lucinda Frostick, Director at Remember A Charity, says: “Particularly in such tough economic times, charitable legacies have never been more valued.

Fundraisers, finance teams, CEOs and trustees at any charities with established legacy fundraising programmes will no doubt be thankful that their predecessors had the foresight to invest in legacies in years gone by, helping them weather the current storm.

“We can’t control the economic environment, but what we can influence is the propensity for giving and the way in which we inspire people to leave a gift in their Will. Currently, we’re seeing appetite for legacy giving reach record levels. In challenging times, it’s all more important that we continue to collaborate within the sector and beyond, building on legacy growth to normalising charitable gifts in Wills.”

‘‘

PARTICULARLY IN SUCH TOUGH ECONOMIC TIMES, CHARITABLE LEGACIES HAVE NEVER BEEN MORE VALUED lucinda frostick

spg.uk.com

028

Book Reviews TURNAROUND MANAGEMENT Unlocking and Preserving Value in Distressed Businesses - 2nd edition

By Alan Tilley ISBN 978 1 78742 982 6 BLOOMSBURY PROFESSIONAL LAW www.globelawandbusiness.com A SECOND CHANCE FOR ENTREPRENEURS FACING INSOLVENCY? CHECK OUT THIS IN-DEPTH ANALYSIS OF ‘TURNAROUND MANAGEMENT’ FROM GLOBE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator.

If you are a lawyer with a corporate client - or clients - facing financial distress and ultimately insolvency, you need this book, published recently by Globe Law and Business.

Note the usefully descriptive subtitle: ‘Unlocking and Preserving Value in Distressed Businesses’.

This says it all, you may say, but as its processes are linked to a complex area of law, there is a lot more to be said, especially when multijurisdictional complications emerge.

With lengthy and detailed experience in this specialised area of consultancy, author Alan Tilley provides a broad range of authoritative advice, aimed specifically at those who are confronted with the undeniably challenging task of advising and managing companies teetering on the sharp edge of insolvency, with its intimidating spectrum of possible consequences.

The book and the wealth of advice therein is aimed primarily at those who find themselves in the role of turnaround manager. Such a role, as the author explains ‘usually involves operating in an executive rather than a consultative role’ and as such, ‘exposes the professional to the risks of personal liability.’ You have been warned.

However, no need to despair - as Tilley adds that operating through a limited liability entity, with a properly constructed engagement contract reduces the risks. Proper professional performance is the ultimate guarantee of risk avoidance.

Anyone in the legal profession or accountancy and/or financial services, might well wonder how this increasingly obvious need for ‘turnaround management’ got started and whether or not it is proving itself effective.

The author’s positive answer is that turnaround management is becoming ‘increasingly recognized as an important part of business’ and that the understanding of its obvious benefits is growing. Tilley is confident that the concept has more than likely evolved as a result of the influence of Chapter 11 of the United States

spg.uk.com

Bankruptcy Code of 1970, which is based on the concept of ‘giving entrepreneurs a second chance’ primarily by creating the concept, so called, of ‘debtor-in-possession’ (DIP) - usually by means of a restructuring plan while the company is protected from creditors. Better results for shareholders certainly loom large here as a distinct possibility.

Although a complex subject, ‘turnaround management’ is explained in this book with admirable clarity, covering as it does, the risks involved, as well as the potential rewards. Based in the author’s 40-plus years of experience in this field, the consultancy, advice, and guidance contained in this compact volume is high-value indeed. Note too, the handy appendix which contains over 20 pages of useful guidelines and policy recommendations.

With its international orientation, as well as its straightforward advice, this book should be considered as an essential purchase for business and law professionals worldwide.

The date of publication of this hardback second edition from Globe Law is cited as December 2023.

CHARGING ORDERS ON LAND Law, Practice and Precedents Second edition Editors: Cecily Crampin and Michael Ransom and members of Falcon Chambers ISBN 978 0 85490 3 436 Wildy, Simmonds & Hill Publishing www.wildy.com CHARGING ORDERS ON A DEBTOR’S PROPERTY: CLEAR, AUTHORITATIVE AND PRACTICAL ADVICE FROM FALCON CHAMBERS An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator “Charging Orders on Land” has now arrived as a second edition from Falcon Chambers for 2024 - an event which will certainly be welcomed by counsel embroiled in the specifics of charging orders, which, more often than not, present special problems.

What we have here is a highly specialised and quite narrow area of law in which attention to minute detail is all too often imperative. The precedents at the back of the book are of great assistance to those involved in drafting orders.

Fortunately for practitioners and judges dealing with the challenge of changing orders, this distinguished text published by Wildy, Simmonds & Hill, presents up to date and authoritative help in what is now regarded as the definitive work on the subject.

Editors Cecily Crampin and Michael Ransom are assisted by nine contributors from Falcon Chambers, known as the set which specialises in land law and landlord and tenant work.

Practitioners seeking guidance from this new and updated edition can be confident that they are in good hands. For example, there’s a new chapter on insolvency regimes, plus the inclusion of new CPR procedures and precedents.

This then, is an ample and detailed compendium of practical advice and guidance on ‘the enforcement of money judgements by means of obtaining a charging order.’ Initially, this may sound straightforward, except that all too often it isn’t, as any number of complications can occur within the various stages of enforcement on which there is a special chapter. Also read the chapter on priorities and problems and note the specialist advice on sanctions, tenanted property, overseas entities and much more, including the new chapter on corporate and personal insolvency.

Certainly the book can be depended upon to explain or clarify the various - and seemingly endless - snags and contingencies that frequently occur within this particular category of law, including (probably the most frequent of all) the cases which come under the heading of ‘Personal Circumstances: the family home’ which typically is balanced against the claims of the judgment debtor’s spouse... or possibly former, or divorcing spouse... or ‘any children who live in the property to be shared.’

It is also carefully pointed out that sometimes in such cases, the charging order can be withheld, or the interest of one party, for example, can be transferred to the other. Small wonder then that, in the opinion of quite a few practitioners, the concept of the charging order all too often presents a serious impediment to selling a house and clogging up the already stretched housing market.

Considering the often complicated and sometimes controversial area of law, it is reassuring for the busy practitioners that this comprehensive and carefully researched legal text is easy to navigate. The table of contents is almost minutely detailed, and the extensive appendices offer more than 100 pages of statutory material and precedents an invaluable resource which will be of special interest to counsel charged with drafting orders.

Also note the tables of cases, statutes, and statutory instruments, plus tables of European conventions and other material.

Any practitioner involved in this highly specialised area will find this comprehensive and carefully researched legal text well-nigh indispensable.

The date of publication of the hardback second edition is cited as January 2024.

029

Dramatic increase in the number of people seeking support because of bullying at work LawCare, the mental health charity for the legal sector in the UK, has released its 2023 impact report, which shows that mental health struggles continue to be a serious concern.

LawCare has seen an increase in the number of people reaching out for mental health support in 2023, with a sharp rise in people getting in touch because of workplace bullying.

There was a 14% increase in the number • of people contacting LawCare for mental health support.

There has been a 95% increase in the number • of people saying that workplace bullying, harassment, or discrimination was their primary reason for seeking support from LawCare.

Quote from Elizabeth Rimmer, CEO of LawCare: “2023 was one of our busiest years ever at

LawCare, second only to 2020 when the pandemic started.

I would urge individuals and organisations to start taking active steps to create working environments which better protect mental health and where bullying and harassment are not tolerated. We need to drive a collective responsibility in our sector to tackle bullying and harassment by identifying the workplace factors that can lead to it, such as low psychological safety and managers with little or no training and support, and taking positive action to address these.

We need to continue to challenge the stigma that prevents many still from speaking up about their mental health and seeking support. Each single act of storytelling, awareness raising, or advocacy contributes to transforming legal culture. You may never know the impact of your voice - you may

give someone the confidence to seek help, provide them with the comfort of feeling less alone, or enable them to speak up too.”

Let's talk about bullying and harassment at work webinar LawCare wants to get the legal sector talking about bullying and harassment, and educated about how to tackle it, and is running a free webinar on Thursday 8 February 2024, from 12.30pm to 1.30pm.

LawCare has invited a panel of legal professionals and bullying experts to discuss bullying in the legal workplace and practical strategies for addressing it.

spg.uk.com

030

Deputyship and Statutory Will Applications: How does a probate genealogy firm help?

As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.

Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.

Here are some of the ways in which a probate genealogist can help: 1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.

The court or the deputy may receive information about P’s family from various sources, including family members.

This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.

2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios.

This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our international expertise can assist in even the most complicated of family make ups, and wherever people may live.

3. Ensuring you are aware of P’s existing Will & financial assets Ensuring you know of any Will P may

spg.uk.com

have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.

4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.

INSIGHTS INTO THE RESEARCH PROCESS A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.

CASE STUDY At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.

Our research first confirmed that P had no children and was an only child.

Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.

During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.

As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.

Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.

Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance.

If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational.co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk.