Modern Law Magazine - Issue 31

The Business of Law

Issue 31 August/September 2017 ISSN 2050-5744

Caoilionn Hurley Co-op Legal Services

“The legal sector is a sector that should lead the way on transparency, simplicity and fairness�

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MODERN LAW

Editorial Contributors Adam Bullion Head of Marketing InfoTrack

Noel Inge Managing Director CILEx Law School

Alisa Gray Business Development Director Kaplan Altior

Paul Addison Managing Director DevAssist

Angela Gordon-Lennox Senior Product Manager Landmark Information

Dr. Paul McLaren Consultant Psychiatrist Expert in Mind

Colin Fowle Managing Director Blue Car Technologies Limited

Paul Sams Partner and Head of Conveyancing Eric Robinson Solicitors

Gavin Russell CEO and Founder Wavex

Paul Wareham Managing Director Countrywide Conveyancing Services

George McGairl Financial Planner Saunderson House

Peter Baverstock CEO Leap UK

Jacqueline Harvey Underwriter AmTrust Law

Peter Wallqvist CSO iManage RAVN

Jamie Halliday Underwriting Manager Isis Conveyancing Insurance Specialists

Richard Burcher Chairman Burcher Jennings

Jane Malcolm Executive Director of External Affairs Solicitors Regulation Authority (SRA)

Robert Bishop Sales Director VFS Legal Funding

Joe Egan President Law Society of England Wales

Sarah Roberts Marketing Executive Eclipse Legal Systems

Karen Pay HR Director My Home Move

Susan Fairbrass Marketing Manager Geodesys

Neil Maude General Manager Arena Group

WELCOME he customer is always right, as the saying goes. But can that be true when the customer doesn’t know exactly what it is they’re buying, as is often the case with legal services? While many in the legal profession distance themselves from the idea that they are simply selling a product to a customer, a client is likely to view the transaction in this way, as ultimately their bank account doesn’t differentiate between what their money is spent on. To the contemporary consumer, purchasing legal services should be as easy as ordering a pizza.

T

It is therefore vital that law firms demystify the legal experience for their clients and make it clear to them what their money is being spent on. The sector, and indeed wider society, is certainly moving in a customer-first direction, adopting the attitude that is the consumer who dictates to the provider, and not the other way around.

This means that each aspect of a law firm’s offering must put the client in mind first. While that’s a great sounding cliché a firm can paste across the homepage of their website, the powers that consumers now have to engage with business creates a necessity for providers to apply this client-centric mind-set to each step of the legal journey. A client relationship doesn’t begin with an initial enquiry; you can put money on the fact they’ve Googled your firm prior to that first phonecall, or spoken to their close friends and family about you. And it doesn’t necessarily end at the conclusion of the legal matter; the value of feedback is becoming increasingly recognised in the sector, and the law firm that doesn’t capitalise on the opportunities created by both positive and negative feedback is the law firm that will fail to stand out from any competitors that embrace feedback.

In order to examine the ever-growing shift in customer power, Modern Law has put together a focus on the legal consumer of the 21st century. You can read all of this, as well as other insightful articles from our regular editorial board of sector experts, in this issue, and if you want to comment on other ways law firms can improve their service offering for the consumer, or if you have other suggestions on things you’d like to write on, then please do get in touch. I hope your experience reading the mag is as positive as the experience your clients will receive.

Nominations for the Eclipse Proclaim Modern Law Awards 2017/18 have now closed, and firms and companies have been nominating in droves to shout about their great client service. Thanks to everyone who took the time to nominate, and best of luck to you all. Look out for the shortlist in our next edition.

Issue 31 August/September 2017 ISSN 2050-5744 Editor Brendan Gurrie

Editorial Assistant Poppy Green

Project Manager Amanda King

Events Sales Kate McKittrick

Brendan Gurrie, Editor, Modern Law Magazine.

Modern Law Magazine is published by Charlton Grant Ltd ©2017.

All material is copyrighted both written and illustrated. Reproduction in part or whole is strictly forbidden without the written permission of the publisher. All images and information is collated from extensive research and along with advertisements is published in good faith. Although the author and publisher have made every effort to ensure that the information in this publication was correct at press time, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.

August/September 2017

01765 600909 @ModernBrendan brendan@charltongrant.co.uk

Modern Law 03

MODERN LAW

CONTENTS NEWS

INTERVIEWS

07

EdiTorial Board

11

07 Peter Wright talks news

In the wake of a series of high profile international cyber attacks on public and private organisations, Peter Wright, DigitalLawUK, discusses the differences between the various kinds of cyber attack and how law firms can make sure they’re protected.

21

11 Caoilionn Hurley

19 The SRA and the two tiers of solicitor

In a service that can be seen as complicated or confusing, a familiar brand can make a big difference for consumers. Caoilionn Hurley, Co-op Legal Services, spoke to Modern Law about the value of brand and how Co-op Legal Services is optimising its offering for the modern consumer.

21 Removing regulatory barriers to access

ROUNDTABLE

14 Vulnerable Consumer roundtable

Complicated costings, information and language are often cited as areas of frustration for legal consumers, and these can become even more of a barrier for vulnerable consumers.

Modern Law recently attended a roundtable hosted by the Legal Services Board discussing the challenges consumers with mental health issues and dementia face when accessing legal services.

EDITORIAL BOARD contributors

Joe Egan, President of the Law Society of England and Wales.

Jane Malcolm, Solicitors Regulation Authority (SRA)

23 Real time services

Angela Gordon-Lennox, Landmark Information

23 Size, software and solutions Gavin Russell, Wavex

25 Active differentiation

Sarah Roberts, Eclipse Legal Systems

25 The low risk route

Noel Inge, CILEx Law School

26 Psychiatric assessment of the effects of historical child abuse

Dr Paul McLaren (MB BS MA (OXON) MSc FRCPsych), Expert in Mind.

27 The speed factor

Susan Fairbrass, Geodesys

27 Q: Who are today’s consumers of legal expenses insurance?

Jacqueline Harvey, AmTrust Law

29 The AI opportunity

Providing leading Experts in Psychiatry and Psychology

Peter Wallqvist, iManage RAVN

We are a well established company, with a panel of reputable Experts selected for their experience in the field of mental health. Expert in Mind Ltd has a strong working relationship with all panel members, offering a one stop interface between instructing party and Expert.

29 Adapt to survive

AmTrust Law

An AmTrust International Division

Our experience in this sector, and knowledge of our Experts enables us to advise you on the best Expert for you. We can promptly provide their timescales and fee estimates. Each Expert is assigned a personal assistant meaning that you have one case manager with whom you can discuss any aspect of your case from start to finish. We are not a call centre, nor an agency, we are here to ensure a seamless process in the provision of Expert mental health assessments and there are no hidden extras.

Robert Bishop, VFS Legal Funding

Our psychiatrists and psychologists operate in London and the South East, having considerable experience in providing medico-legal reports in a range of areas, including: • • • • • • •

Clinical Negligence Personal Injury Family Law Risk Assessment Employment Tribunals Capacity Assessments Immigration

31 What distinguishes top pricers from the rest? Mindset Richard Burcher, Burcher Jennings

31 GDPR: is your own house in order?

Neil Maude, Arena Group

04 Modern Law

August/September 2017 Tel: 01424 444130 Fax: 01424 234625

MODERN LAW Issue 31 August/September 2017 ISSN 2051-6495

EdiTorial Board

FEATURES

35

33 AP1 application management time for a change?

Adam Bullion, InfoTrack

33 The Financial Adviser: needless intermediary or priceless partner?

George McGairl, Saunderson House

35 Consumers, costs and comparisons

50

53 The future of the customer service

44 Eclipse Proclaim Modern Law Conveyancing Awards 2017

54 Generation Search-Engine

48 Complaints: the best approach

55 Hello? Is there anyone out there? We’re still waiting for accessibility and transparency!

Josh Richardson, Informed Financial Planning

Colin Fowle, Blue Car Technologies Limited

37 Creating a learning culture Alisa Gray, Kaplan Altior

37 Firm flexibility

Karen Pay, My Home Move

39 Open all hours

Paul Sams, Eric Robinson Solicitors

39 Changing the face of ground risk assessment Terrafirma

41 The new era of customer feedback Paul Wareham, Countrywide Conveyancing Services

41 Stand out

Paul Addison, DevAssist

42 Innovation in probate

Peter Baverstock, LEAP UK

42 Keeping transactions on track

Jamie Halliday, Isis Conveyancing Insurance Specialists

August/September 2017

54

43 Modern consumers want instant transparent quotes

35 Serious about security

FEATURES

Matthew Pennington discusses why transparent pricing through a law firm’s website will win them more business.

The Eclipse Proclaim Modern Law Conveyancing Awards returned for its second year on 13th July at the Rum Warehouse, Liverpool. Poppy Green, Modern Law, takes a look at the highlights of the evening and the prestigious winners.

Kathryn Stone, Legal Ombudsman, examines the most common causes of complaints, how law firms should respond when a complaint is made against them and how firms should make the complaints procedure clearer to clients.

50 The 21st Century Legal Consumer – A Commercial Perspective

A new generation of legal consumers come with a new set of increased expectations. Gemma Carson, Wright Hassall, explains how law firms can attempt to provide the best possible service for the contemporary client, and why the 21st century lawyer needs to be a listening lawyer.

52 Interview with Robin Wells

Robin Wells, Head of Sales at CLS, explains the changes he has witnessed in the conveyancing and housing sectors, and how technology will only help firms when it is used to its maximum potential.

Angelo Piccirillo, AVRillo, examines the changing landscape of client expectations and how law firms need to value and engage all of their staff in order to exceed those expectations.

Ben Greco, QualitySolicitors, discusses the emergence of legal consumers increasingly searching for services online, and how law firms need to recognise this in order to prosper.

Our resident Tech commentator Charles Christian writes…

56 Picking professional indemnity insurance

Paddy Synnott explains why getting a good professional indemnity insurance broker could save a law firm money.

57 Case Study – Eclipse

Eclipse to implement its Proclaim Practice Management Software solution at Anderson Rowntree in 6-figure deal

57 Case Study - FCI

The Hidden Cracks: The Importance of Identifying Subsidence Risk

10 MINUTES WITH 58 10 Minutes With

Scott Bozinis, InfoTrack

Modern Law 05

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NEWS

Peter Wright TALKS NEWS In the wake of a series of high profile international cyber attacks on public and private organisations, Peter Wright, DigitalLawUK, discusses the differences between the various kinds of cyber attack and how law firms can make sure they’re protected. hen the Petya Ransomware attack paralysed the systems of global businesses as diverse as DLA Piper and food conglomerate Mondelez, it confirmed that ransomware has become the pressing cyber security vulnerability that organisations need to be aware of, especially given that many organisations were still recovering from the Wannacry attack back in May. If the “Panama Papers” leaks from Mossack Fonsecca highlighted IT network vulnerabilities in 2016, 2017 has become the year that ransomware has come of age. But what really constitutes a ransomware attack, who is behind the attacks, and why does it seem to affect systems in organisations from the public sector, with the NHS being paralysed, through to the world’s largest law firm and manufacturers like Renault? More importantly, what steps can be taken to minimise the risk to your business and your clients in the future?

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Knowing the difference

Ransomware is a particularly aggressive type of malware. Malware, in its most vanilla forms, can get into a system and make it run particularly slowly, delaying operating systems from carrying out their usual tasks. Often it will slow the system down to such an extent that the user becomes frustrated and will be susceptible to the adverts that often accompany the malware, offering software designed to improve performance of a system, usually designed by the very same people who built that malware now infecting your system. It can damage and degrade a system or even just the single device that it may have been installed on.

Some variations could allow access to the system by a third party, allowing them to see all activity undertaken on the system such as the use of personal, confidential or legally privileged data, or it could actually allow full command and control so that a third party could navigate a system, infiltrating client files or financial records or even being able to control financial transactions in the worst instances. In such a scenario, being locked out of your data and asked to pay some Bitcoin to get your data back suddenly seems an infinitely preferable option.

Ransomware does just that, locking you out of your system and demanding payment by a usually very short deadline failing which your data will be deleted. Obviously there is no guarantee that your data will be returned if you go along with the extortion; there are no terms or conditions or an ombudsman to fall back on here.

Apparently, most ransomware perpetrators do tend to release the data once payment is made, otherwise they might find that future hostages might be a little less willing to pay up, and they could destroy their growing economy. But paying a criminal for your data to be returned is not a situation that any business would hope to find itself in by choice.

Even an organisation full of highly experienced IT and systems engineers like an F1 Team, with a budget running into hundreds of millions of dollars, was compromised, as was their multi-billion dollar parent company

Identifying the source

So where do these attacks come from? It could be a cyber criminal simply after the cash and equipped with nothing more than a laptop. Or it could be a “hacktivist”, motivated by ideological reasons to bring down big business and more often than not capitalism. However, the headline attacks in 2017 are highly likely to have originated from an altogether different and well-resourced

August/September 2017

Modern Law 07

NEWS

Paying a criminal for your data to be returned is not a situation that any business would hope to find itself in by choice cradle. The Wannacry attack was initially attributed to possibly having come from North Korea. A recent conversation with an industry insider who has seen the code involved suggests that this is likely to be true. Meanwhile, Petya originated in Ukraine, taking down various systems and state infrastructure. It seems that the ransomware itself was designed to compromise accounting software commonly used by businesses small and large across Ukraine. From there it disabled many other systems and networks across Ukraine before then taking down other organisations across Europe and the United States.

Malware has been used in state sponsored activity before, most famously as the vehicle for the “Stuxnet” attacks on Iran’s nuclear facilities in 2009/10. On that occasion, a most likely unwitting employee infected an air-gapped secure system with a particularly aggressive malware that would speed up the centrifuges at the facility high above their design speed until they failed. However, the malware was so aggressive that it affected many machines and systems around the world in the process. On the majority of systems, all it would do is slow them down while they tried to run highly complex code that only really did anything if the system was in control of a centrifuge.

Ransomware damage

So why does ransomware affect systems in the way that it does?

Well, ransomware is not really a targeted way of attacking a network. Stuxnet was aimed at one nuclear facility, but ended up infecting different systems all around the world. The progenitors of Wannacry and Petya probably wanted to take down one or two specific organisations or sectors in target countries. However, the ransomware that they have created is so aggressive that not only does it take down the organisation that they are after, but also a few hundred thousand other organisations too, who can sustain massive damage but have to reconcile themselves as being “collateral damage”. Wannacry affected systems around the world, but the NHS was particularly badly affected.

One of the reasons that the NHS was hamstrung so badly is that its IT system is not one whole network, but rather a patchwork of different systems across various NHS Hospital Trusts, Primary Care Trusts and University Teaching Hospitals. The last labour government tried to rationalise NHS IT with a grand IT project funded through the Private Finance Initiative in the mid 2000s, but it collapsed under the weight of spiralling costs before Gordon Brown left office, with nothing to show for vast expenditure but an awful lot of paperwork and a few isolated systems, a far cry from the rationalisation originally intended. As a result, NHS IT is highly fragmented, and as NHS budgets have come under strain, upgrading or even maintaining a plethora of IT systems has slid down the list of priorities. That meant many systems were still running under the old Microsoft Windows XP, which stopped receiving support from Microsoft in 2014, so the operating system and its associated internet browsers were not receiving patches and updates to deal with new and evolving cyber security threats that up to date systems received. Furthermore, many other systems were not receiving the necessary support from Microsoft even though they were using more up to date versions of Windows, as a large scale single “licence” that the NHS was paying directly to Microsoft for ongoing support with its aging IT systems expired at the end of 2015, and no similarly comprehensive agreement replaced it, leaving Trusts to fend for themselves.

Inevitably, the result was Wannacry.

weekend, limiting the performance of the cars in qualifying.

Even an organisation full of highly experienced IT and systems engineers like an F1 Team, with a budget running into hundreds of millions of dollars, was compromised, as was their multi-billion dollar parent company. The F1 team is now working with one of their sponsors that specialises in IT security, a sponsor who they had presumably never expected to require the professional services of prior to May.

Prevention and protection

Meanwhile, Petya illustrated how even the world’s largest law firm can become a ransomware victim. Like food conglomerate Mondelez, DLA has experienced rapid growth across multiple continents and jurisdictions over the last fifteen years. Overseas offices and operations were purchased and assimilated into the global organisation. However, while the office notepaper and company logo might change on the front of the building, the IT system of the business being acquired often stayed exactly the same. In DLA, like in many law firms, different offices and sometimes even different teams and departments can operate on a totally different basis, due to older legacy systems and equipment having not been updated. This can be a particular problem where software like case management systems (CMS) works well on one older operating system like Windows XP, but if XP is replaced it would require a costly and time consuming switch to a compatible CMS. As a result the older legacy system is maintained, despite the growing security risk.

So what can firms do to protect themselves? Use your existing risk matrix. Update your risk register to look at operating systems and security measures. Are they receiving the necessary patches and updates? If not, put a plan in place to update them or work towards replacing them and any aging equipment. Carry out regular anti-malware sweeps on your system. I recently heard of a nuclear power-plant where IT experts came in to look at the system and found malware in the operating system running the plant’s control desk. Most likely it had got into the system via someone inadvertently connecting an android mobile device to the panel via a USB socket, probably just to charge it. The malware was not designed to do much with a sophisticated system like the panel so it sat in the background making the system run slowly, but what if it had been something even more sinister? The consequences don’t bear thinking of.

Think about system vulnerabilities. It might be worth asking staff not to connect their private mobile devices to the system. Or it might be a good idea to forbid the use of USB devices (save for encrypted devices provided by the business). So consider having a strong up to date system, clear rules and guidance for staff to follow, backed up with some effective relevant staff training and assessment, and also look at having some cyber liability insurance in place should the worst happen. As always, plan for the best, but prepare for the worst.

Peter Wright is Managing Director of Digital Law UK.

The NHS was not alone. Renault was affected. Even the Renault F1 Team was compromised, with the hi-tech hybrid energy recovery systems compromised at the Spanish Grand Prix that

08 Modern Law

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Caoilionn Hurley In a service that can be seen as complicated or confusing, a familiar brand can make a big difference for consumers. Caoilionn Hurley, Co-op Legal Services, spoke to Modern Law about the value of brand and how Co-op Legal Services is optimising its offering for the modern consumer.

Q

What does the contemporary legal services consumer look like, and how have their attitudes and expectations towards the services they buy changed in recent years?

A

Despite the landscape of legal services continuously changing, we can be certain that consumers will always value expertise, quality of advice, service and pricing transparency.

These expectations have remained consistent over time and we put these at the forefront of our offering.

Advancements in technology also play a huge role in consumer expectations and, as a result, consumers expect to access legal services through digital platforms 24/7. For example, Co-op Legal Services’ clients can instruct us in relation to a Will and can book an appointment time online for a detailed consultation. This merging of a traditional legal service offering with the convenience of online has proved incredibly popular and as such, Co-op Legal Services will be expanding its online capability further, making more services available to consumers and offering flexibility to work with us at a time that is most suitable for them.

When it comes to managing any potential complications in legal services, consumers will always have high expectations, whether their requirements are straightforward or complex. We look to meet those expectations through the delivery of clear communication and high standards of client service. We also offer an array of services to meet differing requirements. For example, through probate, we have a range of options based on the level of involvement the client either wishes or feels able to have.

How are consumer expectations of the legal services experience influenced by the other kinds of products or services they buy?

Q

A

Consumer expectations move in-line with market changes.

When new ways of working become normalised in other consumer areas, legal services need to adopt those new ways where they are relevant to the delivery of the service.

With the increasingly relevant role the Internet plays in influencing consumer behaviour, Co-op Legal Services has adapted to ensure customers can be communicated with in a way that works for them. For instance, some of our clients receive documents through secure electronic document services, rather than via post, and we also offer the option to be sent updates on our services via text.

Our online wills service has also come about as a result of market changes. With everything becoming so accessible at just the click of a button, it’s crucial that these expectations are met in the legal services market.

August/September 2017

Customer feedback that is incorporated into the continuous improvement process cycle is critical to the long-term success of a business

Modern Law 11

INTERVIEW

The legal sector is a sector that should lead the way on transparency, simplicity and fairness

Q A

What is it successful disruptor companies do well that law firms can adapt and adopt in order to stand out?

A good example of a disruptor is IEX, the exchange made famous by the author Michael Lewis in his book Flash Boys.

They have brought transparency, simplicity and fairness to their industry and disrupted the market successfully. The legal sector is a sector that should lead the way on transparency, simplicity and fairness. There is more work to do to develop and use technology in the legal market to support transparency and simplicity for clients in engaging legal services and in the delivery of legal services.

Transparency has always been a fundamental part of Co-op Legal Services’ model. We offer fixed and transparent prices for our services and ensure our prices can be found online.

How does Co-op Legal Services’ brand identity improve accessibility for consumers, and do you feel brand has a role to play for traditional law firms?

Q

A

Co-op is a mutual. Its purpose is to serve markets exceptionally well and to put profits into pricing and local communities; it does this through the 5+1 membership offer, putting 5% of what customers spend into their Co­-op Membership account. They can then spend this with Co-op whenever they want, and 1% of everything spent on selected Co-op branded products and services goes to a community cause.

Brands will always have a role to play within the legal services market as some consumers opt for the familiarity of a trusted, household name.

Great brands are established through meeting client needs in a compelling way, and the best brands weave their way into the lives of consumers and become a trusted provider. The legal business that can step up and find real meaningful differentiation will stand out.

How important is marketing for Co-op Legal Services, and should the wider legal sector be doing more to promote itself?

Q

A

Marketing is very important for Co-op Legal Services, as well as for the market as a whole. Legal services are often regarded as optional rather than essential, and marketing has the ability to shift this perception.

That legal services are useful rather than essential is a common misconception, and the impact on families when the correct legal instruments are not put into place can be life-changing. As such, it’s imperative that the legal sector should do more to promote the benefits of legal services in order to raise consumer awareness around the topic.

How might law firms without a national presence contribute to promoting the benefits of legal services?

Q A

Local and regional law firms have a long and successful history of promoting themselves in their communities, and firms that believe there is value in promoting the benefits of legal services will have the capability and a wealth of knowledge of what works to draw on.

12 Modern Law

Recognising the importance of offering legal services through the community, Co-op acquired Collective Legal Services in 2016, and we now provide our members and customers with legal services locally in their communities through our Estate Planning division.

Is the public perception of the legal sector a positive one, and how is Co-op Legal Services addressing any areas where there is improvement in this?

Q

A

We regularly conduct consumer research that is used to shape and develop our proposition and offering. The findings consistently point towards a positive perception of legal services generally, and for the most part satisfied consumers. Price, transparency and quality of services are areas where consumers consistently look for improvements and we are working to continuously advance in these areas.

How important is pricing for legal services consumers, and what impact can fixed fees have on their choice of provider?

Q A

The things that matter the most to consumers are the experience of the solicitor and quality of advice, therefore providers are commonly chosen based on recommendation. However, it can often be hard for people to assess evidence of experience and quality of advice, which leads to price becoming more important.

We regularly find that cost is the driving force of consumer choice in legal services, and this increases the impact fixed fees can have.

Fixed fees also influence choice, as they give the certainty clients are looking for and control over total spend.

How does Co-op Legal Services obtain and utilise customer feedback? Is the value of customer feedback underestimated in the legal sector?

Q

A

We ask for feedback from every client and we look for trends in our data to ensure we are capturing our customers’ needs.

Our services are adapted and developed based on the information we receive as we consider that insight to be of great importance when evolving as a business.

We also invest in customer feedback. We review it internally, and the information is used to help us plan specific service improvements. Customer feedback that is incorporated into the continuous improvement process cycle is critical to the long-term success of a business.

Are there any trends in the customer feedback data received?

Q A

Legal services can take weeks and months, and the feedback we receive shows that customers want regular, clear and concise information throughout the life of the service. Customers want their legal team to negotiate hard on their behalf and to demonstrate expertise and skill they can be confident in.

What advantage does the size of Co-op Legal Services present, and are there any drawbacks to being large?

Q A

The large scale of Co-op Legal Services offers scope for development and adaptation at a quicker pace when compared to smaller competitors. The business size also supports

August/September 2017

INTERVIEW

The legal business that can step up and find real meaningful differentiation will stand out investment cases in the development of technology solutions, allowing us to continuously improve our service to clients. Co-op Legal Services has a significant number of probate properties in our estates. An example of this would be the implementation of workflows and other tools that are in place to manage the properties on behalf of our clients to optimise outcomes for them.

It’s always important to keep the client front and centre, and we actively consider how to use our size to achieve that outcome.

How is Co-op Legal Services staying at the top of the game in technology adoption, and what innovations are on the horizon that you will seek to take advantage of?

Q

A

Based on consumer research and customer feedback, we have been able to successfully plan Co-op Legal Services’ technology improvements for the coming year. All of our improvements are designed with the overarching aim of improving client outcomes and maintaining a high quality of service.

One of many initiatives planned for the future is the broadening of Co-op Legal Services’ Digital Wills service. The offering has proven to be a success to date and, as such, we will be adding additional services in Q4 of 2017.

August/September 2017

Caoilionn Hurley Caoilionn Hurley is the Director of Legal at Co-op Legal Services. Clients with legal issues want their cases dealt with quickly, effectively and at a proportionate price. As Director, Caoilionn works with the legal teams, IT teams and other teams to continuously invest in their processes and systems to deliver to client expectations.

Her specialist areas cover strategic planning, restructuring, mergers and acquisitions, and she joined Co-op in 2014, turning around the Legal Services business within just a couple of months. Prior to joining Co-op, she successfully transformed Thompsons Solicitors from a £25 million business into a £120 million one.

As a law graduate who later carved out a career in accountancy, Caoilionn is on a mission to change how people view the law and is passionate about working with others. The success of her team is the source of her motivation.

Co-op Legal Services has over 300 staff based in Manchester, Sheffield, Bristol and London. As part of the Co-op Group, its values of openness, honesty, social responsibility and caring for others are core to the service it provides.

Co-op Legal Services offers expert legal advice without jargon for a wide range of consumer legal services to members of the Co-op Group and to the general public. The business is divided into six legal practice service areas: probate, wills, family law, personal injury, employment and conveyancing.

Modern Law 13

ROUNDTABLE

Vulnerable Consumer Roundtable Complicated costings, information and language are often cited as areas of frustration for legal consumers, and these can become even more of a barrier for vulnerable consumers. Modern Law recently attended a roundtable hosted by the Legal Services Board discussing the challenges consumers with mental health issues and dementia face when accessing legal services. esearch commissioned by the LSB has shown consumers with vulnerabilities, in particular mental health problems and dementia, are facing sometimes insurmountable hurdles to accessing legal services. The research revealed that for consumers with early stage dementia, vulnerabilities came from a feeling they were “slower and less successful” at processing information, whereas those with later stage dementia were made vulnerable by symptoms such as “confusion” and “memory loss” as well as “feeling uncomfortable in unfamiliar surroundings”, with one respondent describing this unfamiliarity as “frightening and offputting”.

R

The research also factored in the vulnerabilities of carers, with factors including “age, inexperience and mental health issues” affecting their access to legal services.

There were several areas highlighted that respondents with dementia felt would improve the legal services experience for them: • Initial telephone contact to plan face-to-face visit • Making clear information available before the meeting • Home visits from a person trained and experienced in dealing with dementia • Treating the person with dementia with passion, patience and respect, as well as using plain English • Providing a written record of the meeting that consumers can refer to for reference and clarification Many of these accommodations would also be beneficial for vulnerable consumers with mental health problems, the research showed, and respondents with mental health problems felt the things that would improve service for them include: • Feeling listened to and understood • Feeling that they had understood the advice given • Feeling comfortable to ask questions or ask for information to be repeated • And, if disclosed, adapting the interaction to support individuals with symptoms • Continuity of personnel was also much valued To begin the discussion, chaired by Michael Smyth CBE QC, Legal Services Board, attendees heard statements from three speakers representing key stakeholders in the area. The first, Helen Quinn, Alzheimer’s Society, stated the importance of giving people affected by dementia “a voice”, noting that it’s not something that the legal sector has previously addressed. Quinn explained people are affected by dementia “in different ways”, and

14 Modern Law

Speakers and attendees Michael Smyth CBE QC, Legal Services Board (MS) - Chair Amit Popat, Bar Standards Board (AP) Anselm Benedict, Law Society (AB) Bryony Sheldon, Legal Services Board Claire Blades, Citizens Advice (CB) David Sinclair, Acorn Solicitors and Solicitors for the Elderly (DS) Helen Quinn, Alzheimer’s Society (HQ) James Sandbach, Law Works John Hosie, CLC Karen Naya, Legal Services Board Lola Bello, Legal Services Consumer Panel (LB) Neil Buckley, Legal Services Board Neil Rose, Legal Futures (NR) Nimrod Ben-Cnaan, Law Centres UK (NBC) Penny Medlyn, Legal Ombudsman Puja Vadgama, Legal Services Board Richard Powley, Age UK (RP) Richard Silver, Solicitors Regulation Authority Simon Garrod, CILEx Sue Chandler, CILEx Regulation Victoria Lyons, Dementia UK (VL)

Affordability is important as well as accessibility Helen Quinn, Alzheimer’s Society therefore service providers need to “understand the individual” and “their particular circumstances”. Though Quinn warned against generalising, she identified the trends the research revealed, and the “simple steps” that can be taken to improve service for vulnerable consumers.

Quinn pointed attendees towards the Alzheimer’s Society’s dementia friendly business guide, as well as tools such as the Dementia Engagement and Empowerment Project (DEEP) Guide, which contain tips on how to provide dementia friendly information and services, noting that this is something being improved in other sectors, including “finance, retail, emergency

August/September 2017

ROUNDTABLE

There is a strong feeling within LPC training that there needs to be a component of dealing with vulnerable clients, and it’s a culture change that needs to be instituted at a very early stage of training Anselm Benedict, Law Society services and transport”. Quinn referenced an outcome of the research that revealed the issues unclear costs create for vulnerable consumers, remarking that “dementia is expensive”, and therefore ‘affordability is important as well as accessibility”.

She stressed the consequent importance of free legal advice, and also pointed out that provisions to help vulnerable consumers, including “the use of clear language” and “kindness and respect” are beneficial for all consumers.

HQ: It’s quite easy to read about how you should be doing something, but having things like role-plays as part of training to embed the training into people’s expertise is key.

The next speaker was David Sinclair, Acorn Solicitors, and Solicitors for the Elderly, who noted the research highlighted “some positive experiences”, but that “it’s been taken for granted” that all solicitors have “the necessary skills” to best help vulnerable consumers. Sinclair went on to explain what the research showed to be “the three major barriers” for solicitors, these being “the issue of cost” and explaining this, “not using jargon” and “clients do feel intimidated” when visiting a solicitor. He stated that the profession must “work hard to break down these barriers”.

RP: Commercial clients will have many meetings with lawyers, but vulnerable people sorting out a lasting power of attorney won’t.

That one bad experience can put them off.

The third speaker, Amit Popat, Bar Standards Board, discussed the BSB’s work in emphasising soft skills, referencing a saying, “the soft stuff is the hard stuff” and explaining soft skills are “as important” as some “wider technical skills” the Board expects barristers to implement. Popat also expressed the magnitude of the task, noting the need for collaboration across the sector and claiming “if we came together we could have a bigger impact”.

MS: A commercial lawyer would say that the market decides, because if you don’t have that empathy you won’t get repeat instructions, because a competitor can be just as competent but relates better.

AB: There is a certain sector of the profession that we’re really aiming at. City lawyers aren’t going to have as much contact with vulnerable clients.

MS: They need to know this because the working life of corporate lawyers is going up, and they will be sharing office space with people who in the years to come will be exhibiting vulnerabilities.

Money laundering has got high saliency across the legal profession, but perhaps that’s because of the consequences of not being compliant. How can the consciousness of the different parts of the legal services community be raised on vulnerable consumers? Is it exhortation or does a more mandatory element kick in at some point?

Popat drew on the BSB’s research into “cross cultural communication”, using silence as an example. Popat explained that “silence is culturally specific” and that “a pause can mean so many different things” in different cultures, and therefore the profession must expand cultural understanding to issues around mental health. Popat also stressed the necessity for regulators to work with consumer organisations and consumers “directly”, without a “top down approach” of “we want to help you”, but instead “on the premise of we can’t do this without you”.

LB: There needs to be something directed at the practitioners, simply setting out how to deal with vulnerable consumers.

Following the initial presentations, the discussion was opened up to other attendees.

NR: These are people more at risk of being taken in by unregulated and unscrupulous providers.

MS: What are the other professions like? Are doctors ahead of legal providers because they’re confronted with these issues even more than legal professionals are?

VL: Maybe this is the first contact with legal services they’ve ever had, and there’s lots of confusing information out there about what you need and don’t need. This conflicting information is aimed at people we know are stressed; 90% of carers will report they feel stress.

HQ: I wouldn’t have said so, especially in terms of soft skills.

There’s still a long way to go.

AP: Having talked to doctors and consultants, there’s quite a bit of unconscious incompetence where people really feel they know quite a lot about patient engagement, so I feel there are some training issues.

AB: There is a strong feeling within LPC training that there needs to be a component of dealing with vulnerable clients, and it’s a culture change that needs to be instituted at a very early stage of training. Until that happens I’m not sure how effective we can all be.

August/September 2017

CB: What struck me about the research was the difficulty the consumers had in choosing a lawyer. Most often they asked a friend or they went back to the same lawyer that did their conveyancing to deal with a completely different issue. Knowledge of the information that helps people choose the right lawyer for them would be really important.

HQ: And people don’t have much time as carers.

VL: Which means they make snap decisions.

CB: It raises a question about whether you only start to think about someone’s vulnerability if they come in asking about lasting power of attorney or paying for care. You start from the assumption that everyone’s got a particular set of needs that you talk to them about. People with mental health issues won’t volunteer it if it’s not specifically relevant to the issue all the time.

It’s about thinking how as a professional you assess what the needs of your client are right from the beginning.

Modern Law 15

ROUNDTABLE

Commercial clients will have many meetings with lawyers, but vulnerable people sorting out a lasting power of attorney won’t. That one bad experience can put them off Richard Powley, Age UK AP: There are so many organisations out there doing some really good work, but how can we make sure that is translated into tangible things? We wouldn’t want to patronise practitioners, so there’s a real balance we need to manage.

MS: I’ve often thought jargon was exaggerated as a barrier to empathy.

LB: We have recent evidence suggesting jargon is a barrier.

There are a lot of examples of client care letters that completely inhibit people from engaging with important information. The research was conducted in 2016, and the evidence shows it’s not changing quickly.

NR: It’s really difficult to change, but it’s really vital.

CB: We’ve done a lot of analysis on the search terms on our website, looking for the natural language people use for their problems. If they search for a defunct item they get something up to date, rather than old information about something they don’t need to know about now.

DS: You could offer a webinar to lawyers that would be free of charge and would get them some training hours.

MS: It seems to me the diagnosis is accepted. Plainly the job of research and evidence gathering needs to continue. Much needs to be done on the training side across the various parts of the legal profession, and that’s a job in which everyone needs to play a part. There will be increased continuing education around the latest legal thinking about capacity an competence in these areas, and perhaps most importantly, consumers may not be materially helped if all professions and the other parts of life in which they engage don’t take a similar journey.

Modern Law would like to thank the Legal Services Board for hosting the roundtable and all attendees on the day. To see the full research into vulnerable consumers, visit http://www.legalservicesboard.org.uk/index.htm

RP: What we’ve seen quite often is an initial rush of enthusiasm with a report on vulnerable consumers, then a failure to monitor the uptake of that report, with lots of ‘shoulds’ but not many ‘musts’. It’s really important to actually see how this is being taken up, and also to try and get the views from consumers on the difference it’s made for them.

HQ: With the best will in the world we can have professionals providing dementia and mental health friendly services, but if the people who need to have access to those services simply can’t afford them we need to be looking at how the profession can help set up some sort of initial free advice system.

NBC: I share your concern for having sufficient access to initial legal advice. Our concern is if there is follow up help after that initial signposting, so this needs to be considered beyond the early advice.

MS: What is done for vulnerable consumers or carers who are offline, because unquestionably the sector is moving more towards online?

CB: We’re doing increasing volumes of work helping people access online services.

MS: So the effort is to pull people who are offline, online?

HQ: That’s not always possible.

RP: Digital exclusion is a particularly big issue for people aged over 75, and we’re worried that older people can be penalised for that. If you do things on paper, it shouldn’t cost more than doing it online.

MS: Should the charities do more to pull different professions together, to provide a robust and sustainable holistic experience?

Should there be a pan-profession conference in which all these issue should be discussed?

16 Modern Law

August/September 2017

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The SRA and the two tiers of solicitor alk into a solicitors firm in England and Wales and you can be sure what you are getting - well trained professionals who can advise on vital personal matters in complete confidence.

In the unlikely event that something goes wrong, you will discover that they are properly regulated, fully insured and covered by the solicitors’ compensation fund.

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W

Unregulated Law

Currently, all solicitors are subject to the same rules, the SRA handbook, but the regulator seems determined to pursue changes, creating two tiers of solicitor.

Some solicitors would continue to work in firms that are regulated and insured, with all advice and correspondence covered by legal professional privilege (LPP). Then there would be a new type of solicitor, working in unregulated entities.

Clients walking down the high street might get the choice between a normal firm, let’s call them ‘Regulated and Co’ solicitors, and the new breed ‘Unregulated Law’.

Unregulated Law, without the costs of insurance or payments into the common compensation fund, could offer a menu of legal services, which at first look might be a bit cheaper than their colleagues in Regulated & Co. But let’s take a look at the difference in protections...

Insurance and the compensation fund: Unregulated Law would offer none of that, nor could we be certain a dissatisfied client would have recourse through the legal ombudsman because, as it stands, the ombudsman has no enforcement power over unregulated firms.

Advice from a solicitor at Unregulated Law might not necessarily be covered by LPP, which ensures correspondence and exchanges a client has with their solicitor are confidential and is the cornerstone of our justice system. Imagine walking into Unregulated Law and telling your solicitor something deeply confidential, the details of a difficult break up, for example, and then finding the protections extended by privilege don’t exist.

A trainee solicitor or one that is freshly qualified is likely to want to work for Regulated and Co more than Unregulated Law. But if no traineeship becomes available, or there is no job on qualification, they may gravitate towards their second choice. In a normal solicitors firm, trainees and those newly qualified are carefully supervised as they build their experience. In Unregulated Law, like

August/September 2017

Last summer the Law Society surveyed the public and profession, and there was overwhelming opposition to the changes to the handbook so much else, this will be left to chance. And if they mess up, they won’t be properly insured. Lose, lose for consumers.

Solicitors are currently subject to a suite of rules preventing conflicts of interest. Unregulated Law as an entity will not be covered by these rules, though individual solicitors working there may be. So theoretically you could have two solicitors sitting in the same office working on opposite sides of the same case. Another blow against the interests of the consumer.

People may also struggle to distinguish between different types of regulated and unregulated legal services. The Competition and Markets Authority has made this point, saying: “consumers may not appreciate that some providers are unregulated”.

The solicitor in Regulated and Co has an obligation to share a wide range of information with clients. The SRA are very keen on this, yet paradoxically unregulated firms will not be bound by the same rules. This may leave the client of Unregulated Law in the dark about their options if something goes wrong, or even whether their firm has insurance.

Overwhelming opposition

Last summer the Law Society surveyed the public and profession, and there was overwhelming opposition to the changes to the handbook.

We also produced a full economic critique for the SRA’s consultation.

The SRA has gone against this evidence and plans to pursue radical changes that will affect a part of the economy worth £25.7bn to UK plc.

We trust solicitors; our members have the highest professional standards. The regulatory framework creates a level playing field that is quality marked and works for consumers and helps solicitors aspire to the best.

Creating a two-tier situation makes no sense. Think of it this way, would you deregulate part of the medical profession to test a theory that one branch can cut down on costs and deliver a cheaper service?

Take away protections and your experiment might prove fatal.

Do the same to solicitors and it may end up with a mistake that loses a client their house or livelihood, and with no come back.

Vulnerable clients may be most affected. How is that extending consumer choice?

Joe Egan, President of the Law Society of England and Wales.

Modern Law 19

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EDITORIAL BOARD

Removing regulatory barriers to access t the Solicitors Regulation Authority, our remit is to regulate in the public interest. So it makes sense that we do what we can to help the public access the legal services they need.

A

Already this summer, we demonstrated this commitment through two publications.

The case for removing the barriers that stop all sections of the public accessing the legal services they want and need has been regularly made, but there is no harm in reiterating a few facts.

Research has shown that only one in ten people of small businesses ask solicitors or barristers for help. Among the reasons that stops those from seeking help from professionals is a lack of information and perceptions of high costs, with 83% of small businesses believing services will be unaffordable. For individuals, six out of ten people do not believe professional legal advice is an affordable option.

These are statistics we have used many times before, but we included them again in the first publication of the summer in the form of a paper accompanying our Risk Outlook. “Improving access - tackling unmet need” outlined the opportunities for law firms to reach out to potential clients and fill this gap.

The paper outlines some of these known barriers faced by the public and small businesses when they need legal services. It also details ways in which law firms can develop their businesses to address this gap in provision. However, many law firms are already finding ways to bridge the gap. They are unbundling services, reorganising their structures, helping clients that are more vulnerable and taking on more pro bono cases.

The paper also outlines how we are changing the way we work to help more solicitors provide new services in new ways.

This programme of change was then visited in more depth in our second publication, which outlined what we are doing to implement the recommendations of the Competition and Market Authority (CMA) for legal services, setting out how we are progressing reforms to make the market more open and competitive.

Last year, the CMA reviewed the sector and concluded that the legal services market was not working well for the public and small businesses.

The CMA was absolutely right that changes were needed if we were to tackle unmet need and support people and small businesses accessing legal services will free up solicitors to work outside LSA-regulated firms to make it easier for people to benefit from solicitors’ expertise and high standards, potentially in more affordable ways.

We set out initial views on improving information for the public last October. We have now developed our thinking further in this area, particularly in response to the CMA’s recommendation that regulators mandate firms to publish price information. However, we have recognised the complexity of doing this, especially as legal services are not a simple product. Yet we agree that the lack of information on prices makes choices difficult and stops people accessing legal services.

So that we fully understand the best way to share information, we plan to trial a straightforward approach to firms publishing prices in a few areas of the law, such as conveyancing. In considering how we publish price information, we need to continue having in-depth conversations with everyone, from law firms to consumer groups, to get this right.

We want to make sure we strike a balance between making sure consumers have access to consistent, useful price information, while not over-burdening firms with over-restrictive rules.

We will test options to see if these can help inform consumers about the extra protections in place for those using regulated law firms. We are due to formally consult on better information for consumers later this year.

You can read both documents on our website at www.sra.org.uk Jane Malcolm, Executive Director, External Affairs, Solicitors Regulation Authority (SRA).

The CMA was absolutely right that changes were needed if we were to tackle unmet need and support people and small businesses accessing legal services. They strongly endorsed our programme of reform and we are working closely with the whole sector to make sure we can deliver changes to the benefit of everyone.

This included making better information available to help the public choose legal services, and removing anti-competitive restrictions on where solicitors can work. We have confirmed we

August/September 2017

Modern Law 21

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EDITORIAL BOARD

Real time services

Size, software and solutions

How can legal services be made more transparent and accessible for consumers?

What are some of the key differences in the IT challenges faced by smaller firms and larger firms?

n today’s digital world, the way in which we access and consume data has become much more immediate. People have become accustomed to ‘googling’ for instant answers and clarification, or they purchase goods and services online at the touch of a button. Why, therefore, should legal services be any different?

I

Today, clients do not necessarily want to receive a dry letter through the post; instead they want to be able to click through online and view or download data immediately in order to deliver the accessibility and transparency that they wish to have.

People’s expectations have changed and the way in which data is consumed continues to change.

In order to deliver greater transparency and make services more accessible, many firms have already been innovating to evolve existing working practices so they can provide a service offering that suits today’s connected consumer.

One example of this is within the conveyancing process. We are working with solicitors who are now providing clients with the ability to order and access property searches and environmental due diligence electronically.

Instead of receiving printed search reports in the post, clients are able to receive electronic PDFs, which include interactive links through to mapped data. Environmental reports such as RiskView Residential include an online map viewing tool, so the findings of the report can be looked at via an easy-to-use digital map. Clients can ‘drill in and out’ or view the map in StreetView format to see exactly what risks may be present, enabling them to investigate further if needed.

Many solicitors are now providing clients with access to legal reports and service updates via online portals. By doing so, clients can log-in at any time of the day, order, access and view searches, and download what they need, when they need it.

They don’t need to wait for someone to be in the office to do this for them, the information is there and available at any time.

By delivering legal services in this way, clients feel empowered: the data they want is available to them more quickly; they feel like they are in greater control of the legal process. It also makes it easier to understand what searches are telling them, for example, as they can quickly interrogate the data via the digital map online.

By providing services via a digital portal, clients can instruct their solicitor at any time. It is this type of automated online approach that people are starting to expect in today’s connected world: realtime information, without delay, and providing the transparency and accessibility that suit today’s fast-paced world.

Angela Gordon-Lennox, Senior Product Manager, Landmark Information.

T

he challenge of managing IT is something that’s shared by both large and small legal firms, yet the nature of this challenge can often vary wildly.

IT falls into two areas. Firstly, it is everything that is used to fundamentally support a business. This includes file sharing and storage services, printing and security services. And secondly, there’s the IT that supports innovation, such as line-of-business applications and process management applications to name a few.

Usually, smaller-sized law firms are primarily focused on managing their infrastructure services, and this often involves balancing investment against risk by being frugal and keeping costs to a minimum. Ironically, adopting this approach can lead to underinvestment, creating unforeseen risks that can lead to unexpected downtime and reputational risk.

Innovation is not a priority for smaller firms, and therefore they tend to be more concentrated on using the tools they have available, which are often various manual processes and applications to manage time-tracking, and document management to maintain smooth day-to-day operations.

Larger firms are different. They often make significant infrastructure IT investments to ensure reliability, often by building redundant backup systems, and they also leverage IT to deliver a stronger differentiation of their services. Perhaps it is used to increase margins through automation, for example, or maybe it helps to bolster a successful sale by offering a range of unique capabilities within a bid. This may involve developing systems to manage processes or document flows around the delivery of the legal service.

These different challenges all come down to the maturity of IT estates. Innovation becomes easier if the right investments have already been made. At Wavex, we assess this maturity using a fivestep model: Stability – this is the base-level requirement for any business IT system.

Risk management – this is where IT is designed to proactively preempt or recover from a failure with minimal business interruption.

Strategy – reaching this stage indicates the business has an IT strategy that aligns to its business strategy. Having a valid IT strategy demonstrates how IT is governed and often represents a fundamental step in developing technology any further.

Regulations – when a business reaches this level it is using IT to proactively meet its regulatory obligations. Law firms have a range of regulations they need to be aware of, and with the upcoming GDPR this area is becoming increasingly important.

Efficiency – this final stage shows that business technology is being leveraged to drive efficiencies through process management and reporting.

Any smaller legal practice should be aiming to comply with the second stage at the very least, as this is the industry base-line for all organisations. Larger firms should be reaching for stage 3 as a minimum requirement. With a set of tangible goals, both small and large firms can tackle its specific IT issues more effectively.

Gavin Russell, CEO and Founder, Wavex.

August/September 2017

Modern Law 23

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EDITORIAL BOARD

Active differentiation

The low risk route

How do law firms differentiate themselves from each other? Is the role of branding in the legal sector significant?

As the profile of the apprentice entry route continues to rise, do you foresee it becoming a more common path into traditional roles in the legal sector?

ew players, new business models, new generations and cutting-edge technology means law is becoming an extremely fast-paced industry. Despite this, the reality for many law firms across nearly every sector is a shrinking marketplace and fierce competition to stand out from the crowd.

N

As consumer benefits to instructing a law firm are fundamentally the same - expert teams, client-focus and efficient service to name a few – it has become increasingly necessary for firms to actively distinguish themselves from competitors based upon their true USPs. Some firms focus relentlessly on becoming recognised for certain practice areas, and developing their experience in dealing with specific, niche or complex matters. Similarly, other firms focus on a particular client base, for example, corporate law firms often promote their high value deals and household name clients, therefore illustrating the expertise of their fee earners, and the trust of big-name companies.

Another tried and tested method is to add value to clients by providing a genuinely tailored service offering, which requires high-level industry experience. Those firms getting it right are making proactive and anticipatory suggestions for achieving the required outcome, should the client be unhappy with the initial resolution. Essentially, they’ve built upon one size does not fit all when it comes to law.

Of course the above can’t be achieved without the role of branding, and the savvier law firms are starting to understand that a brand is in itself a differentiator.

In a market that is now completely consumer driven, it has never been more important for organisations within the legal sector to present themselves in a relevant way; whether that’s through client-facing actions such as engagement, service and interaction, or internal firm behaviours including the management of teams and staff. The fundamental aspect of brand management is that it’s an all-encompassing effort, and refers to all areas of the practice.

Firms with a strong brand are the ones to gain credibility, and as a result, attract more clients and receive more instructions.

The legal industry is by nature extremely competitive and constantly evolving, which can be daunting for any firm. The key to a successful brand, and ultimately true differentiation, is an indepth understanding of client requirements, an effective message and of course, a strong marketing strategy, all of which should be neatly aligned around the values of the firm.

Sarah Roberts, Marketing Executive, Eclipse Legal Systems.

August/September 2017

here is little doubt that legal apprenticeships have changed the received wisdom of how to forge a successful career in law. The old certainties of a training route comprising law degree, LPC and training contract, while not relegated to the dustbin of history, are looking increasingly irrelevant.

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One reason for this is the latest research published by the Institute of Fiscal Studies. Their findings show students from poorer families graduating from university with debts of more than £57,000. That is truly shocking.

If that is the general level of graduate debt, then add on the cost of the LPC and it is clear that the current system is unsustainable. It means that many of those unsponsored students in their twenties who single-mindedly pursue a career in law through the traditional route could be repaying student debt into their fifties.

So why wouldn’t learners swap the questionable benefits of a full time law degree (and perhaps LPC) for the benefits of an apprenticeship? The realisation that there is a better way through apprenticeships is becoming increasingly evident.

There is strong demand from employers who have seen the sense in the legal apprenticeship scheme, especially those who want to create a cadre of competent technicians who are also CILEx qualified. The attraction of a paralegal apprentice over a LPC graduate is that the employer can nurture, through the apprenticeship training, good habits and competence that they know really add value to their business.

By contrast, the risk with LPC qualified paralegals is that it will always be difficult for the employer to meet LPC graduates’ understandable career aspirations.

For many potential apprentices, the route has so many benefits that it would be almost foolish to plump for full time university education instead. It provides the apprentice with the opportunity to acquire those employability skills that most university degrees do not.

And it offers a low risk route into legal work. An apprenticeship is a great way to ascertain whether or not an individual is suited to the legal profession.

Will apprenticeships become a common path into the legal profession? It’s almost inevitable and is already beginning to change the sector.

Noel Inge, Managing Director, CILEx Law School.

Modern Law 25

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Psychiatric assessment of the effects of historical child abuse he recent public focus on historical child abuse has led to an increasing number of personal injury claims.

This presents particular challenges for survivors and psychiatric experts. For survivors, they will be asked to remember deeply painful experiences associated with powerful negative emotions such as shame, guilt and anger. Their instincts and psychological defences will have worked to suppress their memories of these events for many years. They will usually have been through police and solicitors’ interviews before they get to a psychiatric expert, but they will still be raw and frightened and often overwhelmed with shame. To get the most from the interview, the process needs to help the survivor to feel as safe as they can. They may associate psychiatry with social work and professionals who previously abused them. Some find it helpful to have a pre-interview telephone call to ask what will happen, and hearing the voice of the expert before the interview can offer reassurance. The interview has to be finely tuned to the survivor’s mental state at the time. If they are prone to using alcohol or drugs to manage their emotions then they should be encouraged not to drink or use before the interview. That should not be just assumed, and some will find that very difficult to do.

Clear explanation of the interview process can help to establish

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26 Modern Law

it as a safe place, including a supportive statement that if there are any areas which they do not want to explore then that should be their choice, and they can stop a line of questioning or even the interview at any time if they wish. It may be best done over a number of sessions, which facilitates the building of trust.

For the expert, one of the most challenging questions is the ‘but for’ question. But for the index abuse where would the survivor have ended up. Some will have had traumatic family lives before the index events which led to them being placed in care or taken away from their families. Having objective information on their pre-incident functioning from school or social services’ reports can be helpful.

A positive assessment is one that both addresses the issues raised in the letter of instruction and is cathartic for the survivor, increasing the chances of them being able to subsequently engage in psychiatric treatment for their injuries.

Dr Paul McLaren, Consultant Psychiatrist. (MB BS MA (OXON) MSc FRCPsych), Expert in Mind.

August/September 2017

EDITORIAL BOARD

The speed factor Are law firms modernising at the same pace as the third parties they work with, and what effect does this have on client care?

Q: Who are today’s consumers of legal expenses insurance?

A: An increasing range of those using dispute resolution services.

he On-Demand Economy is revolutionising commercial behaviour around the world. Firms like Airbnb, Uber and Deliveroo have capitalised on intuitive digital technologies to transform their respective markets. These companies have reaped the benefits of building their businesses to fulfil consumer demand for immediate solutions.

egal expenses insurance provides protection against the costs of being involved in a legal dispute. There are two types of policy: ‘Before the event’ (BTE), which provides cover where a future set of circumstances occur that could involve the insured in a legal dispute, and ‘After the event’ (ATE), which is potentially available once they have. BTE can cover own costs and disbursements, as well as ‘adverse’. With ATE the emphasis is on adverse. Each is provided up to a specified amount/limit.

Although companies in specific sectors are enjoying success, that doesn’t mean that the on-demand delivery of goods and services in other areas has been tackled. A recent survey by LMS, a leading legal conveyancing outsourcer, recently reported that 63% of home buyers polled thought that better technology would speed up the house buying process and 57% said that it would reduce stress. Conveyancing practices were seen as lagging behind mortgage brokers and lenders.

In the UK, BTE is typically purchased alongside other insurance products (e.g. motor, home, or liability cover etc.). It will often include helpline advice services as a first port of call should an ‘event’ occur. ATE is provided on a ‘bespoke’ basis and is tailored to specific dispute circumstances. It will typically involve levels of cover in excess of those available for BTE.

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In the conveyancing industry, the good news is that many search providers have built comprehensive online platforms to streamline the supply of conveyancing information to solicitors, freeing them up to focus on providing better care to clients. Conveyancers can readily tap into the value-added services at no additional cost.

Our online ordering process offers a few great examples. Our intuitive mapping tool uses Land Registry data to identify property boundaries more accurately, suggesting relevant searches and speeding up turnaround times. The site also offers information on search due dates and allows conveyancers to access completed searches 24/7. We believe it is important to introduce greater transparency and speed to the search process, as both are key factors for home buyers.

However, we also recognise that many of our customers operate in different ways, with different processes and levels of technical sophistication. We also have a number of services in place to manage the ordering process for them. This includes the management of multiple searches, mapping of boundaries and new-build identification.

In line with other industries, it won’t be long before speed also becomes a factor when choosing a conveyancing firm. Law firms that are unable to respond run the risk of being left behind. Yet, for those who use technology to refine and improve their client care, there is a great opportunity to capitalise on digital transformation.

It’s now well within the reach of all conveyancing departments to free up important time for fee-earners and build the reputation of their firm.

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BTE grew out of the motor sector. It diversified into providing protection to employers for employee claims, and into ‘consumer’ products for disputes relating to personal injury, property, goods and services and general contract etc. Its scope continues to expand, and there is an increasing focus on particular dispute types, e.g. construction, and intellectual property and specific niche contract issues such as school fee disputes. In his review of civil litigation costs, Lord Justice Jackson emphasised the potential for the use of BTE. ATE has its roots in the personal injury sphere where it developed alongside the conditional fee agreement ‘regime’. CFAs and ATE in tandem enabled claimants to pursue claims without having to ‘fund’ their own costs, or face liability for an opponent’s costs on a failed claim. The advantage of offsetting adverse risk became apparent for claims in other dispute arenas, for both ‘consumer’ and commercial users. Some claimants cannot afford their own/ adverse cost risks; others have the financial capacity to do so, but choose to offset a part of the risk to free up resources for use elsewhere. Another attraction of ATE is its growing relevance where security for costs could be an issue. It can be used for high and lower value claims (subject to proportionality) and is likely to prove a good ‘fit’ for claims in the anticipated fixed cost regime.

It can be used irrespective as to how own costs are dealt with (so can sit alongside standard paid retainers, third party funding, as well as CFAs and DBAs). It can also be tailored for use in different resolution forums, be that for litigation, in a tribunal, for arbitration regimes and so on.

Legal expenses cover has developed into part of the overall costs landscape, and has become a pre action consideration for an increasing range of claimants.

Susan Fairbrass, Marketing Manager, Geodesys.

Jacqueline Harvey, Underwriter, AmTrust Law.

August/September 2017

Modern Law 27

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EDITORIAL BOARD

The AI opportunity

Adapt to survive

How do law firms differentiate themselves from each other?

he legal sector is in a constant state of transition. From the introduction of new legislation and court fee increases through to areas of law to practice, it seems no two periods are ever the same. The biggest challenge the law firm faces in an industry of ever changing scenarios is survival.

ith the advent of ubiquitous internet access and powerful smart phones, client expectations continue to evolve.

Today’s modern legal professionals need to be responsive to client needs no matter where they are. They have a new expectation for how information is managed and require the need for flexibility as they are no longer bound by the confines of their offices.

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Today’s tech-savvy legal professionals view the ability to intelligently advance key engagements or respond to client inquiries with the most current information as a foundation of enhanced client services. And they are turning more and more to technical advancements to meet these needs and to give their firms a competitive edge with new levels of productivity and enhanced quality of client service.

There are certain technologies that can fundamentally impact the trajectory of industries, such as industrial robots in manufacturing or self-driving cars in transportation. One that we think is driving significant productivity gains for law firms is Artificial Intelligence (AI). AI allows legal professionals to organise, discover and summarise relevant information from large volumes of documents and unstructured data, thereby increasing productivity and mitigating risk.

Small and large firms alike are taking notice of the opportunity to better serve their clients, and are leveraging technology advancements such as AI to analyse contracts and leases and identify information that is privileged or subject to compliance and automate document classification for easier search and governance.

For some entrepreneurial law firms, AI can provide the opportunity to rethink legal service offerings entirely. For example, if a law firm’s client had tens of thousands of employment contracts across the world, they could use an AI application to offer an ‘employment contract analysis’ in relation to any risk and compliance issues. AI can be configured to tell the client what their exposure is. Providing this kind of legal service would have been impossible without AI due to the disproportionate spend in time and cost.

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Ultimately, it comes down to the same old cliché: ‘adapt to survive’.

One of the greatest tools a law firm can adopt to ensure survival is diversification. The more diverse the law firm, the greater the chance of succeeding through volatile times.

This applies not only to the legal sector, but businesses throughout the land. Simple diversification does not guarantee success, it too comes with its own challenges. The biggest danger of diversification is diluting the expertise, which is the main foundation of the law firm. Moving into a new sector requires not only an in-depth knowledge of new legislation, but also a need for hands-on practical experience with the types of new clientele and cases this shift brings.

Attracting the right clientele to your firm is crucial, but futile if you don’t have the right team to do the job. Get this right, and not only will the law firm have an extra leg to add to the table, but the rewards from a monetary perspective can improve the overall standing of the business.

Diversification doesn’t simply mean considering different areas of law to practice, it also means taking a view on what is the best approach to run a profitable business. This can be described in two words: cash flow.

Cash flow is one of the biggest challenges a law firm can face in these interesting times. Making sure your firm identifies exactly what monies are coming, and when, can be a daunting task. As we all know, disbursements are a constant drain on cash flow and negotiating costs can, in some cases, take quite a long time, with interim payments becoming less frequent. With all the challenges diversification brings, VFS can alleviate the financial burden and allow you to concentrate on what really matters: access to justice.

Robert Bishop, Sales Director, VFS Legal Funding.

When you look closely at the impact of AI and other related technologies, you see they are serving as a work accelerator, one that eliminates traditional friction points in common tasks and anticipates lawyers’ needs based on historical data. Law firms of all sizes embracing these new cutting-edge technologies are ultimately able to better service their clients, and that’s the end game for legal professionals; that’s what distinguishes one firm from the other.

Peter Wallqvist, CSO, iManage RAVN.

August/September 2017

Modern Law 29

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EDITORIAL BOARD

What distinguishes top pricers from the rest?

Mindset e should not underestimate the importance of qualifying the purchasing client and developing a deep understanding of their drivers; those that they articulate and are genuine about, those that they articulate but which are frankly disingenuous, and those that they don’t share with you at all (by accident or design).

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Once you have a good understanding of what you are up against, it is time to get to work on preparing your strategy so that the negotiations are just that, a negotiation, and not an unconditional surrender.

When it comes to agreeing a price with a client, many partners believe that they go into those discussions well prepared. But as often as not, they go into those discussions ill-prepared in terms of their mindset.

So what is the mindset that many lawyers take into a price negotiation? Essentially it is, ‘I/we must get this piece of work, come what may’. Why? On the face of it, the decision to seek the work is sometimes underpinned by some analysis, particularly in well-resourced firms that have a depth of internal analytics and financial management capability.

In less well-resourced firms this will be a function of selecting discounted headline hourly rates, without any sort of analysis, which are presented in the hope that they are the lowest and that they will ‘win’ the work. (Be careful what you wish for; you may just get it).

However, there are often other drivers to secure the work swirling just below the surface that have nothing to do with commercial reality or the firm’s strategic objectives. For example: • Turnover is everything – we are in a top (insert number as appropriate) league table, relegation would be apocalyptic for us.

• We need to keep people busy and we are a bit light on work at the moment. Just get the work in. A lousy fee is better than none.

• I am a fee rock star in my firm. That gives me gravitas and clout.

I am not concerned that my margins aren’t great because I consume a disproportionate share of the firm’s resources (in fact I have no idea how profitable I am or am not). My gross fee revenue is all that matters.

A bit of honest precursor insight and introspection goes a long way before entering a price negotiation and will be time well spent.

Richard Burcher, Chairman, Burcher Jennings.

GDPR: is your own house in order?

With a law firm’s reputation at stake, as well as potential exposure to risk through continuation of non-compliant practices, act now to address forthcoming changes to data protection through the General Data Protection Regulation (GDPR). key principle of the GDPR is being accountable. Law firms must document what personal data they hold, where it came from and who it is or has been shared with. This represents a challenge for both client case files and internal information such as HR records.

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The increased requirement for keeping accurate records forms a key element of ensuring firms comply with the GDPR’s new accountability principle. This includes the need to show how they comply with the data protection principles. For example, being able to show evidence that you have the consent of the data subject to hold their data.

Firms should also think about creating efficient processes to minimise the impact of additional workloads in order to manage SARs or the new right to be forgotten requests, as well as ensuring consistent processing. This is especially important for managing potential conflicting legal bases for retaining or deleting personal information.

There are a number of additional actions you can start to work on as the May deadline approaches: • Make sure key people are aware of the GDPR • Organise an information audit • Review your current privacy notices • Check your procedures to ensure they cover all the rights individuals have • Identify the lawful basis for your processing activity in the GDPR • Review how you seek, record and manage consent and whether you need to make any changes • Make sure you have the right procedures in place to detect, report and investigate a personal data breach • Designate someone to take responsibility for data protection compliance • Consider whether you are required to formally designate a Data Protection Officer • Consider a process to verify individuals’ ages and to obtain parental or guardian consent for any data processing activity • Check that your IT systems, including copy and print devices, are configured to minimise the risk of data breaches • Rethink how you manage documentation within your firm. Is this the right time to introduce more efficient, and potentially more robust, digitised ways of working?

Neil Maude, General Manager, Arena Group. Arena have published an insight paper on GDPR http://www.arenagroup.net/articles/new-insightpaper-practical-advice-on-gdpr. Or sign up to our GDPR webinar, due to be scheduled later this summer, by emailing marketing@arenagroup.net

August/September 2017

Modern Law 31

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EDITORIAL BOARD

AP1 application management - time for a change? n April, an article was published online detailing the most common reasons why AP1 applications are rejected by the Land Registry. It named human error as the biggest culprit, particularly in instances where identity information was not supplied for all parties. These issues then result in a requisition, which can hold up the process and delay the matter. Reading articles like this make me want to talk about exciting, game changing technology in conveyancing, and how we can combat these common problems.

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In such a process and form heavy industry it makes sense to leverage savvy automation of information through clever integrated systems in order to minimise time spent filling in forms such as the AP1 application, and reduce the possibility of the all too common human error. In addition to this, the importance of being able to prioritise and keep track of all AP1 applications in a simple and effective way is the ultimate time saving measure and combats the need for those diarised reminders, which are often missed.

However, the form filling and admin of these applications isn’t the only issue. Requisitions can now be easily managed due to the development of a user-friendly chat-style interface, where you can communicate with the Land Registry directly, as well as having the ability to upload any supporting documentation in order to establish an audit trail that is easily accessible.

With InfoTrack introducing an AP1 application solution encompassing all of the above, there is no longer an excuse for using semi-integrated technology, or relying on manual keying and administration of every AP1 application.

The rise and accessibility of the Internet has been incredibly powerful and enabled businesses like InfoTrack to work towards closing the gap in terms of technology between small firms, using out of the box solutions and big firms with bespoke software.

We are working to develop the kind of technology that firms often have built bespoke for their needs and making it available for everyone, from sole practioners through to Top 150 firms.

By building powerful, efficient technology that is accessible and affordable for everyone, we aim to level the playing field when it comes to legal technology.

While solutions like our AP1 dashboard tool continues to gain momentum and inspire those who have seen the system in action, questions around reluctance to try new technology are still common. Designed with the conveyancer in mind, the key is to use simple but smart technology to manage these compulsory tasks, to keep your team and firm ahead of the game.

The Financial Adviser: needless intermediary or priceless partner? ometimes in life there are too many middle men. The person who passes you a paper towel in the bar toilet, the second waiter on the American restaurant bill who wants their own specific tip, the football agent taking home a third of the world-record fee; it is not always clear what value each of these adds. Should we include financial advisers in the list? Let us look at a few of the reasons why you might not be in a position to live without one.

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You need decent investment returns. In an age when you are as likely to look online for a basic medical diagnosis as you are to visit your GP, it is tempting to think that a similarly DIY approach to investment can yield promising and cost-effective results. If you have the time, inclination and emotionally-detached investment discipline to do so, you may be right. If not, an adviser should be able to get you the results you’re after. You are, after all, employing them to pick better investments than you can, over and above the differential cost of having them on board - if they can’t do that, they’re not doing enough.

You need someone to save you some time. You don’t have enough of it - you’re busy earning the funds you’re looking to invest or spending time with the family you’re investing the funds for.

You need an expert. Pensions are impossibly complicated but also a source of free money from the Government and tax-free growth. Annual tax allowances should be used to boost returns, as the magic effect of compound returns is just as striking in reverse when tax charges regularly eat away at your investments.

Your adviser will have their finger on the legislative pulse in all areas, ensuring you’re making the most of your entitlements while avoiding the punitive pitfalls.

You need to know when you’ve got enough. Terrifying for some, liberating for others, the prospect of retirement can nonetheless be quantified. Your adviser can tell you how much you need, or how much you could afford to spend if you stopped tomorrow.

If these arguments strike a chord, employing an adviser could make a real, tangible and quantifiable difference to your financial position. Make it someone cost-effective, who can demonstrate that the advice will more than pay for itself, and you will think of them as middle men no more.

George McGairl, Chartered Financial Planner, Saunderson House

Adam Bullion, Head of Marketing, InfoTrack.

August/September 2017

Modern Law 33

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EDITORIAL BOARD

Consumers, costs and comparisons

Serious about security

How can legal services be made more transparent and accessible for consumers?

What considerations around cyber security do law firms need to have when implementing new software solutions?

longstanding debate in both the legal and financial sectors is whether firms should base their fee structures on hourly or fixed rates. Primarily, financial advice firms now charge fixed fee rates; these could be based on a percentage of a recommended investment amount or a flat fee.

Either way, from the outset, the client can be assured of the cost of advice. Legal firms, however, with the exception of the more commoditised areas of law, such as conveyancing, still place a heavy reliance on hourly rate charging structures, which can often be uncertain in nature.

It seems that a week doesn’t go by without there being a story in the press relating to ‘data loss’, ‘crypto virus strikes’ or some such terrifying headline laying bare the cyber security woes that seem to face us all. As we rely more and more on technology and software applications to automate work processes and provide functionality to meet our clients’ requirements, one consideration we need to make is that we perform due diligence on those software applications and the software vendors, developing them to ensure they are following best practice. Building secure software doesn’t happen by itself, and it should be an intrinsic part of the software development lifecycle, and part of the team’s ethos. The shift to cloud-based solutions makes it even more important that your data is protected from attack and authentication credentials are protected, as in all likelihood the data is not sat on a server in your organisation, or even in the same country.

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Unfortunately, this dependence on hourly rate fee structures may be having a detrimental impact on society’s willingness to access legal services. The Solicitors Regulation Authority recently revealed that only one in ten individuals seek advice when they have a legal problem. This could be linked to 63% of people believing professional legal advice is unaffordable for ‘ordinary people’1. This is a significant issue; it highlights that consumers do not feel they can approach firms for advice, but it also highlights the amount of potential business that is being lost.

Many financial advice firms now advertise on comparison websites, such as VouchedFor or Unbiased, to provide a first port of call for consumers. Whilst the fees quoted on these websites cannot be guaranteed, they allow consumers to quantify how much advice may cost for certain services.

In my opinion, a major barrier to legal services comes down to society’s perception of the costs of legal services. This, however, is not surprising in light of the major disparities between firms in terms of charges. For example, it was recently reported that quotes for conveyancing of a freehold sale ranged from £250 to £3,2002.

Therefore, whilst cost comparison sites can often lead to consumers turning their search for a financial advisor or solicitor into a price war, rather than looking at the individual merits of a firm or individual, I believe that a legal sector cost comparison site could provide a valuable starting point for consumers wishing to access legal advice. A platform like those available in the financial sector would encourage firms to provide estimates of costs prior to work, which could encourage consumers to seek the advice they require. Not only could this improve the overall perception of legal fees, but also increase the amount of business being conducted by legal firms.

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Ask some questions of the software vendor: is your software development team trained to recognise well documented security vulnerabilities in commonly used protocols? Is the software tested by a different team to those who develop it? What encryption technologies do you use for sending data across the Internet? Do you use encryption at rest for your data, if so what? How is data partitioned in a multi-tenant Cloud architecture, and how is that reflected in the user authentication model? Has the application been penetration tested? The answers to these questions will give you a good indication as to how much consideration has been given to the security of an application, and how seriously the application developer takes security.

And lastly, while you’re at it, if you have an in-house development team building software solutions for the firm, do you perform the same due diligence on those? Don’t you?

Colin Fowle, Managing Director, Blue Car Technologies Limited.

1. Solicitors Regulation Authority, ‘Risk Outlook 2016/17 – July 2016’ 2. The Guardian, <https://www.theguardian.com/law/2016/apr/05/legal-feesinvestigation-reveals-huge-disparities-between-law-firms> 5 April 2016

Josh Richardson, Financial Planner, Informed Financial Planning.

August/September 2017

Modern Law 35

EDITORIAL BOARD

Creating a learning culture What is it that legal recruiters should be seeking to identify and then develop in a 21st century workforce?

ll law firms spend time and energy attracting the “right” people. They all want good communicators, great business developers, and agile and creative thinkers who are more focused on solutions than they are on problems. Nobody walks through the door with these skills fully-formed.

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Amongst the myriad of CVs, all detailing impressive academic results and varied interests, how do recruiters spot the candidates who will be able to develop into the commercially adept lawyers that clients now demand? It’s rare for a particular university or country travelled to make the difference; instead they look for evidence of commitment, resilience and grit.

Whether in business or sport, a team achieves success because its members are motivated to work hard for a common goal.

Identifying motivated individuals to recruit is one thing, adopting a firm culture that sustains an individual’s motivation as she progresses through her career is quite another.

Bestselling author, Daniel Pink, drew on fifty years of behavioural science in his book “Drive” to explain that our previously accepted notions of what motivates people were all wrong. According to Pink, above baseline rewards - it’s not about the money. What drives us to perform is a sense of purpose, the need to accomplish and perfect (what Pink calls “mastery”) and a sense of selfsufficiency within our roles.

Applying this to a law firm, if you want happy and high performing lawyers, it’s key to encourage a learning environment with licence and resource to master technical and behavioural skills. Mastering something is never easy; it takes patience, practice, time and commitment. Far from being a negative, however, science evidences that mastering knowledge and skills is intrinsically motivating.

Furthermore, when such mastery is applied to challenges of commensurate difficulty, it leads not only to improved performance, but also to personal satisfaction and contentedness.

If the science wasn’t convincing enough, the SRA’s new CPD competency framework requires more focus on self-directed learning than the old box-ticking system of sixteen CPD hours. The new regulations require firms and lawyers alike to reflect, identify and improve levels of competency each year. If firms want to comply with the new SRA CPD regulations and harness the full potential of their recruits, creating a cohesive learning and skills programme, which reflects the firm’s culture and stated purpose, is essential.

ALISA GRAY, Business Development Director, Kaplan Altior.

Firm flexibility What are the benefits and challenges in offering flexible working options for legal professionals, and do you see more firms adopting this approach in the future?

he majority of law firms still operate the traditional 9-5, office-based employment model, so it could be said that as an industry we are relatively behind the times when it comes to offering legal professionals flexible working options, which reflects the evolving needs of employees and clients.

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Within the conveyancing industry, as with many practices of law, the talent pool continues to be a challenge, despite the number of law graduates holding steady. For law firms, there is a need to balance the recruitment of the right kind of talent with the need to increase capacity to deal with the growing amount of work in the industry.

As the talent pool is limited, law firms need to be able to reach out and employ the best legal professionals wherever they are in the country. Flexible working options, including ‘non-traditional’ working hours, home-working and part-time work, open up the possibility of finding the right kind of legal professional, who has the ability to manage their own portfolio of clients, whilst benefitting from the stability and support provided by a wider work force.

Nationally, many experienced legal professionals have chosen to step away from their work due to personal circumstances, such as women who have taken time away to raise children. However, our recent research has revealed that over half of those women would return to work if they could work from home and 83% wished their employer could offer them flexible working options when they returned.1 With this in mind, the biggest benefit to offering flexible working options is attracting talent while ensuring the needs of employees are met; a mind-set that we have adopted and are proud to champion in the conveyancing industry through our national network of conveyancers.

Additionally, law firms need to increase their investment in technology, as we still lag behind other industries in general. To be able to offer flexible working options, we must first be able to provide employees with the equipment and technology needed to deliver the highest standard of service, combined with the ability to drive their careers and professional development.

By investing in robust IT systems, as well as new technologies to aid with recruitment and training, law firms will be able to cast their nets further in their search for the talent they need to grow and diversify, as well as attract more people into the profession.

1 1,000 UK mums who returned to work within 5 years of giving birth – conducted by OnePoll April 2017.

Karen Pay, HR Director, My Home Move.

August/September 2017

Modern Law 37

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Tel: 01603 761515

DX 5200 Norwich

underwriters@isisconveyancing.co.uk

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Isis Conveyancing Insurance Specialists Ltd is authorised and regulated by the Financial Conduct Authority. Firm Reference Number 455994. All policies underwritten on behalf of Liberty Legal Indemnities, part of Liberty Mutual Insurance Europe Ltd.

EDITORIAL BOARD

Open all hours Do increasing consumer expectations necessitate a 24-hour service offering from law firms?

n short, yes.

In a world where items can be ordered, purchased and delivered in a matter of hours (all the while checking progress from warehouse to delivery vehicle and into a customer’s hands), today’s clients are demanding the equivalent efficiency from all services, including those from the legal profession.

The World Wide Web has not only made people ‘smarter’, with unprecedented access and insight into all aspects of the business world, but it is responsible for the general expectation of an instant answer to any issue. Lawyers of the past could retreat behind mountains of books and paperwork after informing clients they were ‘reviewing matters’, but this is, quite rightly, no longer acceptable. ‘Now’ is the standard client response, and any delays, or perceived lack of communication, will be the biggest issues during the course of a transaction.

Whilst we make every effort to ensure our work is as transparent as possible, there are inevitably going to be delays as long as people themselves are involved in a transaction. Whether it be a buyer at the bottom of a property chain, an underwriter in a mortgage lender waiting on a decision, or practical logistics such as arranging removals, delays are inevitable.

The vast majority will accept (albeit begrudgingly) a delay if they know the reason behind it. We have been offering a 24 hour, 7 days a week phone service for the past few years with great success. Few people call us at three o’clock in the morning to see if we have any news from a buyer’s lawyer, but they find comfort in knowing the option exists.

We also find that having all of our offices open at weekends, and a ’28 day guarantee’ we introduced this year provides similar reassurance. Whilst we are sometimes met with bewilderment and even scorn from within the profession, we have mounting evidence that this is what our clients want and appreciate. Remember when shops were closed on a Sunday? Now it is one of the busiest and most lucrative days of the week for the retail industry. Things change, move forward, and any conveyancing firm wanting to be part of the future cannot afford to ignore it.

Don’t believe us? Look at the world of estate agents, which has been revolutionised by online agents. In anticipation of increasing consumer demand and expectations of a 24 hour service, we are ready – are you?

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Changing the face of ground risk assessment om Backhouse is the founder of Terrafirma Mine Searches and was recognised with the Outstanding Achievement Award at this year’s Modern Law Conveyancing Awards for his significant contribution to the sector. Tom founded Terrafirma with the ambition of changing the shape of the UK’s environmental risk assessment, but also to provide a foundation to develop new talent within the geoscience community. In less than two years he has established Terrafirma as the leading independent player in the mining search and ground stability sector, which sees it used in one in two UK property transactions. This innovative approach to understanding UK mining risk and ground stability has also seen Tom secure significant outside funding and investment for the business.

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Terrafirma alerts conveyancers and homebuyers of the importance of carrying out due diligence on ground stability risks when purchasing a new property. Subsidence or ground collapse in the UK often occurs due to historical mineral extraction, a legacy of the country’s extensive and varied mining heritage. Where minerals are presently being mined, or have been mined in the past, there may be a risk to the property above and to the future development of property on that site. Mining search enquiries are necessary, even when there are no obvious signs of mines in the area; when mines are closed they leave little or no residual evidence on the surface but can still cause major problems for land and property owners.

“Mining is a specialist area of expertise and relying solely on data and regional knowledge is not enough; the data needs professional interpretation so that householders are armed with the best advice and which they can act upon accordingly,” says Tom Backhouse.

Terrafirma disrupts the way in which professionals within the Built Environment Sector perceive and act by using a combination of its own platform and expert in-house geological team to provide a fast, accurate and cost-effective risk assessment of all past, present and planned mineral extraction, covering over 60 mining hazards, to properties across the UK. Aside from developing Terrafirma commercially, Tom believes Terrafirma has a role to play in broadening understanding and awareness of mining-related issues in the UK, part of which is nurturing talent from the UK’s young geoscience community.

Danny Powell-Thomas is just one of the success stories from Terrafirma’s Graduate programme, having joined Terrafirma as an intern in January 2016 while working towards his masters, for which he used Terrafirma data to produce his Masters Thesis. He was recently appointed Terrafirma’s Head of Operations.

Terrafirma - http://www.minesearches.co.uk.

Paul Sams, Partner and Head of Conveyancing, Eric Robinson Solicitors.

August/September 2017

Modern Law 39

Providing leading Experts in Psychiatry and Psychology We are a well established company, with a panel of reputable Experts selected for their experience in the field of mental health. Expert in Mind Ltd has a strong working relationship with all panel members, offering a one stop interface between instructing party and Expert.

Our experience in this sector, and knowledge of our Experts enables us to advise you on the best Expert for you. We can promptly provide their timescales and fee estimates. Each Expert is assigned a personal assistant meaning that you have one case manager with whom you can discuss any aspect of your case from start to finish. We are not a call centre, nor an agency, we are here to ensure a seamless process in the provision of Expert mental health assessments and there are no hidden extras.

Our psychiatrists and psychologists operate throughout the UK, having considerable experience in providing medico-legal reports in a range of areas, including: • • • • • • •

Clinical Negligence Personal Injury Family Law Risk Assessment Employment Tribunals Capacity Assessments Immigration

Tel: 01424 444130 Fax: 01424 234625 General Email: office@expertinmind.co.uk Web: www.expertinmind.co.uk

EDITORIAL BOARD

The new era of customer feedback What is the importance of customer feedback in the legal services market, and is the sector doing enough to capitalise on it?

or decades the legal profession has not seen itself as a service provider, and yet it is. Many companies have focused on providing great legal services but thought less about what their customers thought about their service.

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But now that the digital age has dawned and email, social media, apps and discussion forums have blossomed, customer feedback has grown more important, particularly now that anyone can ‘vent’ on social media, which of course needs managing.

This new era of customer feedback is also an opportunity. Today’s sophisticated telephony, social media and email systems make keeping track of customer feedback much more effective.

For example, we have used email as part of our efforts to introduce a no-blame culture. If someone does drop the ball, colleagues now feel empowered to ‘cc’ us in when they are chasing a lawyer about a missed deadline, so we can help, rather than punish.

We’ve also been working hard to persuade our colleagues that their customer skills are just as important as their legal ones. An example would be the appropriate use of language. We urge them not to say that they are ‘waiting’ for a report, but instead that they are ‘chasing’ it.

It’s also about timing and having conversations early on about dates that are honest and realistic, which we’ve found leads to improved feedback. And it’s also about human contact. We require our lawyers to talk to customers at least once a fortnight on the phone, even if they’re in constant email contact.

This has all delivered results. One of our lawyers, Mike Barber, won Conveyancer of the Year at the Modern Law Conveyancing Awards, while two of his colleagues were shortlisted or highly commended, and as a company we were highly commended in two other categories. But our customers among the public also appreciate our service more – for example we recently achieved four-star Trusted Service Award status from online service Feefo.

And we also capitalise on positive customer feedback when it does happen in a more direct way; positive comments about our service from social media are shared with our introducers and lender clients to encourage a positive vibe.

Paul Wareham, Managing Director, Countrywide Conveyancing Services.

Stand out How do law firms differentiate themselves from each other? Is the role of branding in the legal sector significant?

have met hundreds of conveyancing firms all over the country that think they have differentiated themselves form their competition. They may have a modern mobilefriendly web site, with individual bios of their staff and a blog or news section bolstering their presence on search engine results.

But from our perspective they seem very samey.

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Also of great relevance is the answer I get repeatedly to ‘what is your key USP?’ The answer is so often service levels. When I then ask how the firm wins their business, the next answer is often competitive pricing. I wonder, are these firms about cost or service? It’s very difficult to be both.

If a small or medium sized firm chooses to go down the low cost route, they are going up against some pretty heavy hitting opposition and put great pressure on themselves to achieve high volumes. Conversely, a focus on improving service levels can allow for better margins. It has never been more important to make it crystal clear which strategy the firm has taken.

In July of this year, Simon Rubinsohn, Chief Economist at the RICS, said: “The latest data demonstrates the danger, however tempting, of talking about a single housing market across the country. RICS indicators, particularly regarding the price trend, are pointing towards an increasingly divergent picture.”

In such an environment, we would not rule out the possibility of one firm having two simultaneous brands serving different ends of the market, however, logic would dictate that conveyancers must decide which market sector a particular brand is designed to service.

A keen focus on getting branding right can play a key role here.

With many firms claiming to have low cost and high service levels, it can be hard from a client’s perspective to appreciate exactly what extra work will done by a good firm.

We believe this maximisation of a client’s perception of service level can achieved through a focus on risk elimination and the supply of relevant information about the location of the property.

Making it clear to your clients that this type of value added service is preferred practice creates the impression of diligence and quality. These are a key mechanism of differentiation in a saturated and diverging market.

Research indicates a great elasticity of demand at the top end of the legal market. For the same reason that no one wants a cheap heart surgeon, those with means will not quibble over having the best possible advice with regards to property transactions.

Paul Addison, Managing Director, Devassit

August/September 2017

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EDITORIAL BOARD

Innovation in probate How has the role of technology in probate evolved over time to provide a better service for clients, and how do you predict technology in this space will continue to change in the years to come? raditionally, the probate department is the last to become automated in law firms. This is for a variety of reasons and is often not viewed as a fast-paced and profitable part of the business. In fact, a lot of firms don’t use automation in probate when they should, especially given the high level of document production involved.

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There is also a perceived fear that by using a practice management system you lose that all-important personal touch when practising probate, and that handling matters and dealing with clients appropriately under difficult circumstances may be lost with automation.

However, innovative technology is allowing law firms to perform complex transactions efficiently and at minimum cost, improving service for clients and helping to build a healthy probate offering.

Automation of legal forms and precedents is making life easier for law firms as it prevents errors and delays in correspondence and enables greater collaboration between solicitor and client.

Adopting a cloud-based practice management solution means solicitors can bring all their matter details into a single estate account document, saving themselves hours of reconciliations and also reducing the labour-intensive time involved in heavy document production. Lawyers can also manage matters via their smartphone or tablet, enabling complete mobility and helping them to meet their clients’ needs efficiently and with all the relevant matter information to hand.

Looking forward to the future of probate within law firms, I believe solicitors will be required to submit all forms for Inheritance Tax through online solutions and government portals. So, inevitably, more law firms will be adopting cloud-based practice management solutions to allow them to do this, streamlining their process from start to finish.

Also, I would expect to see a greater reliance on document management systems, such as LawConnect, for future wills handling.

This will remove the need to store large archives of wills, gathering dust within law firms. Instead, they will be held in the cloud, organised and accessible 24/7 for both the client and solicitor.

Peter Baverstock, is CEO of LEAP UK. For further information visit: leap.co.uk/probate/

Keeping transactions on track How can insurance help deal with some of the common title defects that arise in conveyancing? o best explain how insurance can help in conveyancing, I took a quick look to confirm the most common title problems we encounter, and one of the ones we see most often is where there is an issue over rights of way.

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Access policies also generate the most claims, although, and this may surprise you, we receive more claims notifications for established properties than for development sites!

Claims often occur when ownership changes on either side; it can change the dynamics, with more frequent use of the access than before, or parking issues, possibly sparking a dispute that can quickly escalate into a full blown claim. So, why not resolve the problem before exchange takes place? Conveyancers are in an ideal position to make the necessary enquiries, and it might save the client future trouble if the defect can be rectified once and for all.

The difficulty lies in not being able to predict the outcome of such an investigation once you’ve tried to contact the access owner.

Hearing nothing back doesn’t help - waiting for and potentially receiving no response leaves the transaction in limbo and at risk of falling through. But actually contacting the owner may open a real can of worms; if it alerts them to the client’s use, it may spark a dispute or a demand for payment in exchange for use of the access, and it’s something the seller will need to resolve before they can sell.

If payment is required in exchange for formal rights to use the access, our experience is that the cost of settling this for an existing property can be typically between £10,000 and £20,000, including legal costs.

No seller will relish having to fork out sums of this magnitude in the lead up to exchange; nor will a buyer after completion.

So, given the delays and potential sums involved, it’s easy to see how insurance can help. In short, a legal indemnity policy protects your buyer clients and ensures you can keep transactions moving. Many lenders confirm under Part 2 of the CML Handbook that arranging suitable indemnity insurance means there is no requirement to advise them if necessary easements are absent.

While not everyone sees insurance as the best way to overcome a title problem, because it doesn’t guarantee new property owners a legal solution, we know that we’ve provided protection, and also saved everyone considerable time, expense and heartache at an already stressful time.

Which is what legal indemnity insurance is all about.

Jamie Halliday, Underwriting Manager, Isis Conveyancing Insurance Specialists.

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August/September 2017

Modern consumers want instant transparent quotes Matthew Pennington discusses why transparent pricing through a law firm’s website will win them more business. oes your firm offer upfront, instant, easy to find and transparent pricing through your website? If so, congratulations to you - as more consumers access legal services through the Internet your firm will only become more successful. You already have clients knocking on your virtual door 24/7 and receive instructions for new matters whilst you sleep.

Reward yourself by moving straight on to the next article!

Myth busting common arguments against transparent pricing

According to research published by the Legal Services Board in 2016, 76% of firms do not display prices on their website. In the last month alone, 7,500 potential clients researched conveyancing quotes online, 10,000 wanted to make a will, 1,000 needed a probate solicitor whilst over 8,000 wanted help with family law matters. How many of them instructed your firm?

Standard frameworks across the industry that state what questions should be asked in order to produce an accurate fee estimate are what is needed. The SRA is keen to seek a common approach with other regulators, and has already agreed to develop a quotation framework for conveyancing with the CLC.

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Meeting the needs of the modern consumer

Modern, Internet savvy consumers like things to happen quickly.

They have short attention spans and expect their needs and demands to be met immediately or they will go elsewhere. Their search for anything will most likely start with Google. Once they find your website, it’s up to you to meet their needs - and quickly.

Does your website take more than 3 seconds to load? Goodbye!

Why can’t I use your website easily on a smartphone? Goodbye!

Your competitors are happy to give me a price upfront but you are not? Goodbye!

Your website needs to make it simple for the potential customer to find the information they need, and then start to build a relationship with them. Three things your modern legal consumer looks for when choosing a firm: • Easy to understand information written in plain english that will help them start to solve their legal problems and speaks to them as a person • Great reviews of your firm published through a trusted third party (not your own website) • A clear call to action for what they should do to proceed (get a quote, schedule a callback, book an appointment)

Price Transparency

Outcome 1.13 of the SRA Code already requires that clients are given the best possible cost information at the outset. Similarly, section 8 of the CLC’s Estimates & Terms of Engagement Code requires that the conveyancer states the fees and disbursements that they propose to charge. This implies that law firms already have a way to price work for a given legal matter, but there just isn’t a common framework for how that price should be put together.

“Publishing prices on our website (or comparison websites) will lead to a race to the bottom” Legal comparison websites have been around for over ten years, and this hasn’t happened.

Standard frameworks will create a level playing field by ensuring everyone is quoting based on the same key information. After that, the consumer will be free to choose a firm based on both their excellent reviews and their price point.

“We like to speak to the customer and tell them about our excellent service before telling them the price. If I just gave them the price upfront they might look somewhere else” It’s 7pm, your potential customer has just got home after a hard day’s work, but they’re excited because they’ve just had an offer accepted on their dream house! They will spend this evening researching conveyancers and pick one that looks reliable.

They see you have great reviews online, but there are no prices on your website. They note that your office is closed for the day, so they cannot get a quote. Your main competitor down the road (who also has great customer reviews) was happy to provide a transparent quote through their website, the customer was happy with the quote, and instructs your competitor online. Your potential customer has already gone somewhere else.

“It’s not possible to give an estimate upfront. We need to find out more about the property and the circumstances before we can give a quote” If you can ask the questions, so can a quotation form (or even a chatbot). A well-designed form with helper text on the tougher questions will create an extremely accurate fee estimate. If your potential client doesn’t know the answer to a question they will Google it!

Simple transparent quoting through your firm’s website offers you a competitive advantage over the 76% of firms who don’t offer pricing through their website.

Matthew Pennington, Tonic Works and QuoteXpress.

August/September 2017

Modern Law 43

FEATURES

Eclipse Proclaim Modern Law Conveyancing Awards 2017 The Eclipse Proclaim Modern Law Conveyancing Awards returned for its second year on 13th July at the Rum Warehouse, Liverpool. Poppy Green, Modern Law, takes a look at the highlights of the evening and the prestigious winners. onveyancers from across the UK gathered on the 13th July at the Rum Warehouse, which is part of the impressive Titanic Hotel in Liverpool, for the second annual Eclipse Proclaim Modern Law Conveyancing Awards. The awards recognise and celebrate the talents and successes of practitioners and businesses specifically operating in the conveyancing market.

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Once guests arrived, they were greeted by the Toast Master and a sparkling champagne reception, kindly sponsored by Thorneycroft Solicitors. Guests then entered the presentation room and began to take their seats to enjoy a lavish three-course dinner, accompanied by wine sponsored by Stewart Title Ltd. Each table was adorned with a party bag full of fun party guises, confetti cannons and games, which entertained guests throughout the evening and into the early hours. Guests were also tempted by the Silent Auction, sponsored by Index Property Information, which raised £850 for the respective charities The Barth Syndrome Trust, a charity that works to raise awareness, support affected families and find treatments and a cure for Barth syndrome, and The British Heart Foundation, which is the UK’s number one heart charity.

Awarding Excellence

The host for this year’s event, Tom Allen, took to the stage after dinner and produced a hilarious set before beginning the awards presentation. The winners for this year were selected from a crossindustry panel of experts, which was Chaired by Rob Hailstone, Founder of Bold Legal Group, and included: Heather Cameron, Marketing & Communications Manager, Today’s Conveyancer; Kate Faulkner, Property Expert; Edward Goldsmith, Partner, Goldsmith Williams; Paula Higgins, Chief Executive, HomeOwners Alliance; Simon Law, Chairman of the SLC, Head of Legal Practice, DC Law; Alasdair Lewis, Director of Legal Services, Land Registry; Stephan Murray, Business Development Director, PSG Connect Ltd; James Sherwood-Rodgers, Chairman, CoPSO Limited; Andrew Stenning, Managing Director, Searches UK; Rachel Stow, Managing Director, Thorneycroft Solicitors Limited.

The first awards of the evening aimed to recognise conveyancing firms across the UK. Conveyancing Firm of the Year – North of England was picked up by Birchall Blackburn Law, with Brethertons winning Midlands Firm of the Year. They said of the win, “a lot of hard work has gone into this. It is fantastic for the team and the firm as a whole. A great achievement”. The awards for Conveyancing Firm of the Year – South of England and Conveyancing Firm of the Year - Wales were scooped up by Eric Robinson Solicitors and Howells Legal Ltd t/a Howells Solicitors respectively. Howells were thrilled to have won the award again, saying, “we came this year hoping to win, and we are absolutely thrilled to bits to win again. It is for all of our staff who have worked so hard again all year, and when we go back home and show them they will be so grateful”.

44 Modern Law

A lot of hard work has gone into this. It is fantastic for the team and the firm as a whole. A great achievement Brethertons - Conveyancing Firm of the Year – Midlands Cultivating Talent

InfoTrack scored a hat trick, picking up Search Provider of the Year and Service Provider of the Year, and finally Innovation of the Year for their unique service that provides the legal sector with a range of innovative technological solutions that not only improves workflow efficiency, but also gives their clients a competitive edge in the market. The Best Use of Technology was awarded to Lavatech Ltd for their app inCase. This application is dedicated to helping law firms plug leaking time and reduce costs while improving communication with clients.

The next award sought to recognise and celebrate talented individuals within the sector. The Rising Star of the Year was presented to Jonathan Achampong from Wedlake Bell LLP, who said of the win, “conveyancing is where my heart is. I have been in property law for the last ten plus years, and it’s so great to be recognised for my efforts in this area of law”. Other awards included Outstanding Commitment to Training, which was awarded to My Home Move for their innovative approach to the organisation of training and development programmes. The Client Care Award was won by MJP Conveyancing, who thanked their staff for providing such excellence client care.

Rewarding the exceptional

The award for Property Team of the Year went to Andrew & Co Solicitors. They said of the win, “it feels amazing. It is a combination of three years of hard work, and it is really good to get the recognition for the team”. One of the final awards, The Conveyancer of the Year, was presented to Mike Barber from Countrywide Conveyancing Services.

The winners of the two most prestigious awards of the evening were selected exclusively by the judging panel. The award for Outstanding Achievement went to Tom Backhouse, CEO and Founder of Terrafirma. Tom places education and hard-work at the forefront of his business and has developed a proactive and innovative approach to providing a mining and ground instability risk assessment process for the ever-changing environment of the property market. The recognition came as a huge shock to Tom, who stated that he was “genuinely speechless”. The Lifetime

August/September 2017

FEATURES

All of the night’s winners

Guests on the dancefloor

Guests enjoying the complimentary Crackerjack BBQ

Achievement award was given to Mike Ockenden, Director at Thornby Associates, who also said the award was “a complete surprise” but that he felt “very humbled and very grateful”.

We caught up with Rob Hailstone and Geoff Offen, Managing Director of Future Climate Info and our Silver Sponsor, after the awards presentation. Rob commented on his favourite moments of the evening, saying “the organisation and the food was fantastic, and the company is brilliant. Everything has been great. It is all about the F word – Fun, and that’s what you want. I think we are all having a fun night.” Geoff said the event was “relaxed, totally informal and enjoyable.” A fellow sponsor, Rachel Stow, Thorneycroft Solicitors Limited also said that she was “proud to have been a judge of this event; it is such an amazing event.”

After the awards, the guests went straight to the dance floor, singing along to our band for the evening, the New York Royals, who finished the night’s entertainment off brilliantly. There was also a complimentary BBQ, sponsored by Eclipse Proclaim, who provided wonderful food and snacks throughout the rest of the evening.

Overall it was a fantastic evening with some very worthy winners.

Poppy Green is the Editorial Assistant at Charlton Grant.

Modern Law would like to congratulate all the winners, and thank the sponsors of the event. For information about how to get involved with next year’s awards, please visit http://www.mlconveyancingawards.co.uk/

August/September 2017

Mike Ockenden received the Lifetime Achievement Award

Modern Law 45

FEATURES

Winners Conveyancing Firm of the Year – North of England

Service Provider of the Year

Sponsored by Inside Conveyancing HIGHLY COMMENDED - Clayton Legal WINNER - InfoTrack

Sponsored by SearchFlow HIGHLY COMMENDED - Hillyer McKeown WINNER - Birchall Blackburn Law

Client Care Award

Conveyancing Firm of the Year – Midlands

Sponsored by Geodesys HIGHLY COMMENDED - Countrywide Conveyancing Services WINNER - MJP Conveyancing

Sponsored by Quote Express HIGHLY COMMENDED - The Law Practice UK Ltd WINNER - Brethertons

Best Use of Technology

Conveyancing Firm of the Year – South of England

Sponsored by Future Climate HIGHLY COMMENDED - Pali Ltd – Property And Land Information WINNER - inCase - Lavatech

Sponsored by Terrafirma Mine Searches Ltd HIGHLY COMMENDED - Smart Legal WINNER - Eric Robinson Solicitors

Outstanding Commitment to Training

Sponsored by Future Climate HIGHLY COMMENDED - Conveyancing Direct Limited WINNER – My Home Move

Conveyancing Firm of the Year – Wales

Sponsored by Resolve Legal HIGHLY COMMENDED - Countrywide Conveyancing Services WINNER - Howells Legal Ltd t/a Howells Solicitors

Property Team of the Year

Search Provider of the Year

Sponsored by InfoTrack HIGHLY COMMENDED - Wosskow Brown Solicitors WINNER - Andrew & Co Solicitors

Sponsored by DevAssist HIGHLY COMMENDED - SearchFlow WINNER - InfoTrack

Conveyancer of the Year

Sponsored by PSG HIGHLY COMMENDED - Countrywide Conveyancing Services - Jo Barnett WINNER - Countrywide Conveyancing Services - Mike Barber ​

Innovation of the Year

Sponsored by Future Climate HIGHLY COMMENDED - DevAssist Ltd WINNER - InfoTrack

Outstanding Achievement of the Year

Rising Star of the Year

Sponsored by Stewart Title HIGHLY COMMENDED - Lambert Pugh LLP - Chrissie HartleyHengist WINNER - Wedlake Bell LLP - Jonathan Achampong

Sponsored by Bold Legal Group WINNER - Tom Backhouse ​

Lifetime Achievement

Sponsored by Eclipse Legal Systems WINNER - Mike Ockenden

Conveyancing is where my heart is. I have been in property law for the last ten plus years and it’s so great to be recognised for my efforts in this area of law Jonathan Achampong, Senior Associate, Wedlake Bell LLP – Rising Star of the Year Sponsors

PROPERTY INFORMATION

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August/September 2017

FEATURES

Conveyancer of the Year went to Mike Barber, Countrywide Conveyancing Services

Rob Hailstone, Chair Judge

The Awards Presentation

Tom Backhouse, Winner of the Outstanding Achievement of the Year

Birchall Blackburn Law picked up Conveyancing Firm of the Year - North of England

InfoTrack scored a hat trick of awards

August/September 2017

Jonathan Achampong, Wedlake Bell LLP, Winner of the Rising Star of the Year

Modern Law 47

FEATURES

Complaints: the best approach Kathryn Stone, Legal Ombudsman, examines the most common causes of complaints, how law firms should respond when a complaint is made against them and how firms should make the complaints procedure clearer to clients.

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f I told you there was one simple way you could avoid customer complaints escalating beyond your control, wouldn’t you want to know?

At the Legal Ombudsman, our role is to listen to both sides and resolve complaints about legal providers and claims management companies fairly and effectively. It means that we get an insight into the most common consumer complaints about the industry and where professionals are going wrong in the public’s eyes.

Contrary to popular belief, we aren’t consumer champions, but actually champions of best practice. As an independent ombudsman, we only investigate if a complaint isn’t resolved by the provider.

Due to this remit, our assessors, investigators and ombudsmen get to hear first-hand what consumers expect, and by sharing the complaints data effectively, this can only help the profession to improve.

I’ve been the Chief Legal Ombudsman for England and Wales for the past eighteen months after spending two years before that as a Commissioner for the Independent Police Complaints Commission (IPCC), overseeing all serious and sensitive investigations in seven police forces in the North of England. What I have noticed time and time again, in both these roles, is that sharing knowledge and responding to issues and complaints from the past is the best way to look ahead and make improvements for the future.

I am out and about attending conferences and events for Law Societies up and down the country to share the data and knowledge on complaints handling from the Legal Ombudsman, and I’m keen to hear from any organisations that want me to talk to them too. Ultimately, I want the Legal Ombudsman to be central to a continuously improving legal profession.

At the heart of best practice is having good communication information about costs and excessive costs, along with poor communication. Not keeping the customer informed or not replying to their queries comes up time and time again.

During our investigations, what we are looking for at the Legal Ombudsman is that a reasonable service was provided. So professionals should be asking themselves questions like: ‘Are we providing the right cost information to our clients?’, ‘Are the customers’ instructions being followed?’ and ‘Are we telling the customer what is happening and giving them enough information to make decisions?’

Watch your tone

If dissatisfaction does progress to a complaint, then there are a lot of ways that providers can improve the way they handle this and prevent it from reaching the Legal Ombudsman. At the heart of best practice is having good communication.

Using clear language and as little jargon as possible is probably the best advice I can give you, as the way you communicate can be the main factor in an unhappy client escalating their grief into an official complaint.

It may sound obvious, but maintaining a professional and courteous tone with the customer goes a long way. One of the biggest issues we see is the tone of letters and the language that is used. Complaints can feel really personal both to an individual and a firm, and we can often see that in the way a response is written.

The Legal Ombudsman investigated more than 7,000 complaints in the past year (2016-17) and resolved over 90 per cent of these.

When it comes to the top five areas of law most complained about, we see the same repeat issues.

Unfortunately, the responses we see can feel very argumentative or defensive, which isn’t the right tone to be using when you are trying to resolve a complaint. If my time in other roles and as a mediator has taught me anything, it’s that if one party around the table is on their feet with their jacket off, don’t encourage the other one to do the same.

We receive the most complaints around conveyancing, 24 per cent of the cases resolved last year, but this is because it has the highest amount of legal transactions. That was followed by family law (14 per cent), personal injury (14 per cent), wills and probate (12 per cent) and litigation (10 per cent).

I’ve seen letters written to unhappy clients accusing them of ‘nitpicking’, or using phrases like ‘the complaints about the reception staff are ridiculous’ or ‘I think you should be more than grateful for the service that this firm has provided’. That kind of tone doesn’t help to resolve an issue.

The main reasons for complaints are again very consistent. A delay or failure to progress is the main cause, leading to one in five complaints received by the Legal Ombudsman. That is followed closely by failure to advise and failure to follow instructions.

Getting the language right

Common complaint reasons

Other prominent reasons leading to complaints are poor

48 Modern Law

The best letters I have seen during my time as Chief Legal Ombudsman don’t necessarily agree with the consumers’ point of view, but the language they use is much more conciliatory, and they do acknowledge when something goes wrong.

They do apologise where necessary. An apology is not an

August/September 2017

FEATURES

All professionals tend to use language to exclude others and define their own professionalism, but my advice is to read the letter from the customer’s perspective acknowledgement of liability in our Scheme Rules and by explaining what you can do to resolve an issue, you may be able to nip a problem in the bud.

In the same vein, if you agree or disagree with a customer’s issues, then let them know and explain why.

Another thing these ‘best of’ letters have in common is that they use plain English, rather than jargon or more formal language. We still see a lot of ‘hereinafter’, ‘thereto’, ‘residing in’ and the like, and while this may be perfectly acceptable if you are preparing court documents, it’s not generally everyday language that people understand.

All professionals tend to use language to exclude others and define their own professionalism, but my advice is to read the letter from the customer’s perspective. Or, even better, give it the ‘gran’ test – ask yourself, if you gave the letter to your grandmother, would she understand it? Also consider if the letter’s tone would encourage a resolution or be more likely to provoke a negative response?

It’s not about dumbing down and most definitely not about being patronising. It’s essentially the fact that communication is not simply when you speak or write, but when you are fully understood.

One case that was referred to us involved a woman who was told over the phone that her solicitor did not offer free advice. She had an initial meeting with her solicitor to discuss the case and decided not to proceed, but complained to the Legal Ombudsman after being billed for the meeting.

time you need realistically to give a proper response.

Be clear on whether you agree or disagree with the different elements of a complaint and if you do find that the service could have been better, acknowledge this, and say what you are going to do to resolve it.

If resolving a complaint is out of the question and the customer still disagrees on the matter, then best practice is to state your final response and include full details for the Legal Ombudsman with it.

Remember to finalise your complaint properly. We see so many complaints where firms don’t tell consumers that this is their final response, or they haven’t got the technical signposting information correct. This leaves providers open to a case fee if the complaint does come to us.

Consumers have six months from the date of a final response to bring the complaint to the Legal Ombudsman and we can accept complaints about problems that have arisen in the past six years (or if the matter is older than six years, then the consumer should have become aware of the problem in the past three years).

So going back to my one tip for preventing complaints, I’d say it always comes back to communication. Make your information and response to a complaint clear. It may just help to avoid a referral to the Legal Ombudsman at all.

Kathryn Stone OBE is Chief Legal Ombudsman at the Legal Ombudsman.

Although the Legal Ombudsman agreed with the solicitor, this complaint highlights the importance of having clear communication and transparency over the costs to avoid any similar issues happening again.

Clarifying the complaint

We often see a lack of clarity about what the complaint is, and if you don’t know what the complaint is, you’re unlikely to be able to resolve it. So if a complaint isn’t clear, try and clarify it first before you fully respond to the complainant.

Another tip is to always give realistic timescales for responding to complaints. We see so many examples where a firm says they will respond to the complaint in 10 working days, and then they don’t manage to review the complaint in that time and so have to write and apologise and set a new deadline, which they sometimes miss again.

In one case we reviewed, this happened repeatedly, and it actually took the firm five months to put together a complaint response.

Think carefully about your timescales and if you have the capacity to review the complaint within the timescale you are giving.

Consider how long or complex the complaint is and how much

August/September 2017

Modern Law 49

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The 21st Century Legal Consumer – A Commercial Perspective A new generation of legal consumers come with a new set of increased expectations. Gemma Carson, Wright Hassall, explains how law firms can attempt to provide the best possible service for the contemporary client, and why the 21st century lawyer needs to be a listening lawyer.

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t is openly acknowledged within the legal profession that the 21st century legal consumer has little time for the traditional character and values of the 20th century law firm.

For lawyers to be successful in today’s world, we know that new, more innovative, more effective structures, schemes and systems need to be devised and developed to ensure the best legal experience is offered in what has become a fast-paced, increasingly digital era.

Millennials, born between 1980 and 2000 into a digitally powered world, are now maturing and moving into senior positions in the corporate and legal world. Having grown up with the internet, social media and huge technological advances and change, they are open to high-tech solutions, and expect the most modern, innovative approaches to achieve the best business outcome.

This new generation’s comfort zone is in stark contrast to that which was familiar to yesterday’s lawyers, who would confirm the legality of a client’s position using encyclopaedic books and microfiches rather than faster online legal databases, dictated letters to their clients and to other parties with the aid of a secretary, relied on the postal system, not e-mails, and recorded chargeable time with paper and pen rather than electronically.

Now it is perfectly clear why expectations of the modern client have changed so dramatically, and why law firms have needed to evolve and become more forward-looking.

Regardless of whether the legal consumer hails from the 21st century or the 20th, whether the client is commercially rooted or otherwise, complaints about professional service often boil down to one common cause.

Clients complain that lawyers neither listen to what they actually require, nor take enough time to understand the commercial landscape in which their business operates. Lawyers instinctively place emphasis on delivering good quality legal advice, a good understanding of the law and its relevance to the issue in question.

They assume that clients will too. But that perception of a client’s expectation is not aligned with the commercial client’s actual needs.

When we ask our clients what they actually value in their legal services provider, they tell us that they are interested in the success of their lawyer’s output and how it meets commercial objectives.

Modern clients take the quality of legal advice for granted, and expect a more insightful business approach from their lawyer. How well did their lawyer manage to control and influence the output?

50 Modern Law

Modern law firms must now regard themselves simply as businesses that just happen to sell legal services, and these services must be framed in the context of pragmatic, commercial outcomes for their clients Did the lawyers listen and defend that copyright infringement claim in the most effective way possible? Did the lawyer listen and provide strategic advice taking account of the client’s commercial position in that software development dispute? Did the lawyer successfully and quickly defend that breach of restrictive covenant claim when it mattered most?

A new breed of listening lawyers

The complaint is probably simple to rectify but often languishes at the bottom of the lawyer’s to do list. The first port of call must be to seek client feedback properly, often and regularly.

Above all, clients need their lawyers to listen. Changes and new ideas cannot be introduced until lawyers know what it is their clients want and need, and what they can do to improve what they offer. Actions such as implementing client relationship management programmes can be invaluable in managing a firm’s strategic business relationships.

Effective listening exercises can mean a reduction in complaints and an increase in business flow. For example, one commercial inhouse counsel team recently commented on shortcomings in one of the firms they use.

They considered the firm was not always responsive enough, and that particular internal rules, like prohibiting e-mail chain correspondence, were found by the in-house counsel team to be irritating and ineffective. When asked whether they had told the law firm this, the client’s response was, “They haven’t asked.” Unless a law firm asks clients for feedback, it might not always be given.

Client feedback and customer surveys are at the heart of all modern client-centric businesses, and it is perhaps time law firms recognised they are not a special case anymore. Clients want to know less about how long was spent devising a solution and more about the expected outcome.

August/September 2017

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Ignoring a glitch or complaint and hoping it will go away will not work. It is best to broach the issue directly with the client, and discuss how matters can be changed for the better Modern law firms must now regard themselves simply as businesses that just happen to sell legal services, and these services must be framed in the context of pragmatic, commercial outcomes for their clients. Or I suspect many firms will not survive or be swallowed up by those that understand the change in perception.

Act fast when service disappoints

It pays to deal with complaints about service quickly. It is important to be proactive when dealing with a service complaint.

There is no point burying heads in the sand and hoping a complaint will disappear. If a complaint is dealt with immediately, it can often be prevented from developing into a major problem before positions become entrenched.

If it is apparent a client is unhappy with the legal services provision, face to face meetings can often help air issues before they escalate. Ignoring a glitch or complaint and hoping it will go away will not work. It is best to broach the issue directly with the client, and discuss how matters can be changed for the better.

The actual process of delivering work is as much a part of the legal business mentality today as the law itself. Factors that now align a modern commercial law firm with the expectation of the 21st century client are: 1. Responsiveness: The commercial lawyer must work to the client’s timetables rather than their own, or at least provide early and comprehensive advice as to realistic transaction or case management time lines.

2. Listening: Listening and responding to the challenges your client faces is key to a successful working relationship.

Reputation and referral are vital for winning new clients too.

3. Costs: Clients are more discerning about cost than ever before.

Price is no longer aligned to the time or complexity of work, and more innovative cost structures are sought and encouraged.

Pricing models and methods must provide certainty or at least predictability. Commercial clients also expect greater flexibility around supplying ad hoc advice without charge.

4. Technology: The modern client will want to deploy the technology of the day to access legal services. Accordingly, the modern lawyer needs to be able to respond in kind. Technology will provide an efficient conduit that meets the 21st century client’s needs.

5. Effective Deployment of Resource: Technology will never replace the skill of a good lawyer. Cases need to be handled by the right person and, for the client, at the right price.

6. Collaboration: Progressive commercial law firms must maintain stronger collaborative relationships with other law firms and alternative service providers as a means of being more effective and efficient in their approach for the commercial client.

August/September 2017

Do not expect respect, earn it

Attitudes to lawyers have changed over the past couple of decades. The respect for their professional status, once expected, must now be earned.

Law, to most commercial consumers, is simply another, albeit a high-value, commodity to be purchased in the course of running a business. If law firms do not respond quickly, do not frame their advice in the commercial context of their clients’ operations, and do not charge according to the value of the work to their client, rather than hours spent, then they are likely to find their clients voting with their feet.

Law firms must understand their clients’ commercial drivers and respond accordingly, which means seeking customer feedback and acting on it. A law firm is as much a business as any other and must be driven by the same commercial imperatives if it is to keep clients loyal.

To the 21st century legal consumer, the efficient supply of legal advice is no different to any other element in the supply chain: they demand innovation, efficient delivery and value for money.

For a well-managed law firm, that shouldn’t be too much to ask.

Gemma Carson is a partner at law firm Wright Hassall and heads the Commercial Litigation team.

Modern Law 51

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Interview with Robin Wells Robin Wells, Head of Sales at CLS, explains the changes he has witnessed in the conveyancing and housing sectors, and how technology will only help firms when it is used to its maximum potential.

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What do you identify as some of the key changes in the property & conveyancing sector in the 21st century?

The property market doesn’t change; it ebbs and flows and gets kicked around by the media in between trump and Brexit headlines, but it is extremely resilient, and if it had a large supply of humble pie it would be handing it out on a regular basis to the gloom mongers and statisticians. The property market is driven by the need and desire to move, the need to move is driven by circumstance, and you can’t influence any of them. The factors that hinder it now are the lack of property availability combined with tighter lending, but even so the market keeps going. The biggest impact now is that young people find it impossible to dream that they will become homeowners and this, combined with a very poorly regulated rental market, doesn’t paint a rosy future for the younger generation.

Conveyancing was not a word used very often twenty years ago. If you had your offer accepted on a house you needed a solicitor. Boys and girls were going to university for law degrees to become solicitors and this was because it was a very well paid and respected profession, so you would expect to pay a reasonable amount of money for any work they undertook on your behalf. This is still the case if you want representation for a divorce or criminal defence, but it seems conveyancing was destined to become a consumable service, and a very competitive one at that.

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How have client expectations of the conveyancing process evolved in recent years, and what influence has this had on conveyancers?

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It depends on how expectations are managed in the first instance. Apart from a few exceptions, it’s probably fair to assume that most straightforward transactions would complete between eight to twelve weeks, but client expectations are probably more like four to six weeks.

I feel that if you asked them, most conveyancers would feel undervalued and under pressure from their clients. Even though conveyancing fees are seemingly on a downward spiral, most clients would still believe that their conveyancer is paid a princely fortune, and expectations remain higher than ever. In this age of instant consumer demand, you question whether conveyancing has been unfairly sucked into an environment where it has no place to be.

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Are conveyancing firms taking advantage of the technological opportunities available to them, and which technologies are on the horizon that conveyancers should be seeking to adopt?

In this age of instant consumer demand, you question whether conveyancing has been unfairly sucked into an environment where it has no place to be was all very useless really. The point I am alluding to here is that although technology is great, it needs to be simple and easy to use and provide a solution to a problem.

The other point is that the new technology can be brilliant, but you will only get out of it what you put in. These systems ideally should be managed and monitored to ensure maximum efficiency and value.

All law firms that adopt technology should ensure that it is user friendly, helps them every day and provides a high degree of security.

Q A

How has your outlook on the conveyancing sector changed while you’ve worked in it?

I never understood the complexities and pressure conveyancers had to endure with high workloads, consumer demands and declining fees. They have my total respect, and the job they undertake is more important than ever and not getting any easier.

Q A

What do you like most about your job?

I have been very fortunate to work for some great companies within the property sector, all of which have touched different parts of the conveyancing process. Working at CLS I feel is the pinnacle of my career. I am surrounded by some of the most experienced and knowledgeable people in the business, and every day I am inspired by something or someone. I consider myself very lucky indeed.

I worked within the property and conveyancing sector for the last two decades and enjoyed a varied and industrious career through some of the most challenging economic times. I currently work as Head of Sales for CLS.

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My dad bought me a Swiss army knife when I was twelve years old, and it had nineteen different functions, including a pointy thing for getting stones out of horse’s hooves and a nail file! I thought it was fantastic, but I only ever used the knife and screwdriver; I didn’t have a horse and I chewed my nails, so it

52 Modern Law

August/September 2017

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The future of the customer service Angelo Piccirillo, AVRillo, examines the changing landscape of client expectations and how law firms need to value and engage all of their staff in order to exceed those expectations. ust over seven years ago we decided to change the very nature of our business. We realised that the consumer’s expectations were about to be revolutionised, and that the adage ‘the customer is always right’ would affect lawyers too!

Long gone were the days where solicitors could focus purely on legal work, hide behind secretaries or fob off their customer with legal jargon. The digital consumer’s expectations were beyond recognition of what had come before. The world of instant gratification purveyed by the likes of Spotify, Amazon, Google and now Uber, meant that a good service would no longer be good enough, but instead perceived as average. Consumers’ tolerance levels are lower. They don’t expect to pay for what they perceive to be an above average price for an average solicitor’s job.

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Why did we change?

The need for change was obvious. We needed to grow a foolproof business to provide growth, long-term job security and a worry free environment for our staff. This has proved successful. We have grown, in contrast to the SRA news that last year (to March 2017) 790 solicitor firms sadly closed.

What did we change?

The first thing we looked at was the ease of use. Consumers are crying out for this, and whilst the industry has tried, it has by and large not succeeded. We opened our eyes, and our wallets, to IT developments. We learnt how to code, and we hired a team of inhouse developers to break down every aspect of the conveyancing process and create workflows for clients to easily use.

Next, we looked at changing attitudes in our internal consumer: our staff. That’s been the hardest change. Why? Because, overall, humans hate change. It’s been time consuming, it’s been painful, and it’s been expensive. Has it been worth the investment? Yes, without a doubt. Our business has grown, our staff engagement has grown and so too has our customer loyalty. A lot of our work now comes from ‘word of mouth’ referrals. Our prime focus is looking after our staff. We will genuinely do anything for them.

We train them three times a week, we appoint mentors for them, we have ‘one to ones’, we encourage them to share their personal goals outside of work and try to help them achieve their external goals. We want them to feel valued and special and to understand that without them, we would not have a business.

The third thing we looked at is the external consumer profile. How do consumers look for solicitors? What is a good service? In a millennial world, social proof is key, as is your look, your branding and the experience clients receive. It’s not all about the hard and time consuming legal work behind the scenes. So we adapted.

We identified that first impressions, especially online, could make or break the business. Whether the interaction is over the phone or in-person, the initial impression can set the tone for the entire customer experience, and this is something that law firms struggle to achieve.

August/September 2017

A firm that gives truly amazing customer service needs to have the ‘customer focused’ mentality engrained within the culture and values of the firm The final point was to match our customer needs with staff who were passionate about genuinely serving. We set about training our staff to be the very best of themselves and to give the very best of themselves to their customers. We developed their internal desire and belief in providing ‘wow!’ experiences. A firm that gives truly amazing customer service needs to have the ‘customer focused’ mentality engrained within the culture and values of the firm. If only one or two members of staff have good customer service skills, then a customer could soon see through this façade and easily go elsewhere.

Not only have the team been rewarded with 27 Gold Awards, including ‘Best Training’, ‘Best Client Care’, ‘Best Conveyancing Firm’ and ‘Best Property Team’, but more importantly, they have achieved ‘Investors in People’, as well being ranked twelfth in the Guardian’s Top 100 Great Places to Work. It’s a happy place to work, and clients feel happy when working with us.

My tip (if you want it), is not to be afraid of change and to have a ‘TAN’ attitude to your business (Take Action Now!). Everyone loves a TAN, so don’t be afraid to have one. If you don’t, you’ll never know how far you could go, and how much happier both you and your staff could feel coming to work. No more Monday morning feeling! Imagine if your internal consumer felt as good at work as they did on holiday! How easy it would be for them to make your external consumer feel happy and secure.

Angelo Piccirillo is a Solicitor, Partner and Co-founder of AVRillo.

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Generation Search-Engine Ben Greco, QualitySolicitors, discusses the emergence of legal consumers increasingly searching for services online, and how law firms need to recognise this in order to prosper. ven the most traditional firms are increasingly realising the importance of having a presence, and indeed a brand, that works online. The rise of ‘Generation Search-Engine’ has eventually, and perhaps inevitably, meant an ever-growing proportion of legal consumers are searching for services, or at least suppliers, online. A decent location, nice offices and smart signage all mean very little to the increasing number of consumers who, in the first instance, turn to their computers and smart phones to find help with their legal matter.

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Embracing online

As with many other industries before law, this has been accompanied by the emergence of online comparison and other lead generation companies. As online buyers grow as a proportion of a relatively fixed legal market, firms who don’t compete online will find themselves sat behind the successful lead capture machines, or facing a reducing market share. Forget the threat of Tesco Law; Google Law is here.

And it is not just about having a decent looking website; the online consumer has to find you first. In a world where there is so much competition for online “eyeballs”, the value of digital marketing and the likes of SEO and PPC cannot be understated.

But of course, once you have brought a potential customer to your website, you need to appeal and engage, and quickly. It is well known that visitors will leave your site as quickly and easily as they arrived if they don’t like what they see, don’t find what they are looking for, or don’t have a reason to engage further.

Information on services and pricing is key, especially as most legal consumers will be relatively inexperienced and uninformed to the majority of areas of law. This is especially important for law types where online pricing is more widely available: conveyancing, wills, etc. The internet is all about availability of information previously difficult to access. If pricing is available through competitors’ sites but not available on yours, the normal reaction will be one of suspicion and assumption to why.

Back to the real world

Online must dovetail into real world quickly and effectively. Phone numbers must be answered when site visitors are ready to take action: often evenings, lunchtimes, and weekends. Call back requests must be scheduled and honoured. Online chat allows more discreet engagement and communication when at work or home; just when you have managed to attract the customer to you and have their (short) attention.

Brand is important online and offline, but it starts with recognising that how the modern consumer finds and engages with law firms is fundamentally changing, if it hasn’t already often at an earlier stage in their information gathering or decision making, and their loyalty to you and your brand could be little as they have taken the step from finding your website to picking up the phone or filling in a form.

Yet they have found you, and they have taken action. They wouldn’t have done that if they didn’t honestly believe they needed information, advice or a legal service. As more and more consumers search online, those firms that attract, engage and embrace these potential customers will prosper. Those that don’t will not. Brand is important online and offline, but it starts with recognising that how the modern consumer finds and engages with law firms is fundamentally changing, if it hasn’t already.

Ben Greco is CEO at QualitySolicitors.

QualitySolictors recognises the need for change, but also the ongoing importance of the traditional law firms’ ‘grass roots’. Being part of QualitySolicitors offers firms a solution to represent and compete online. We provide them with a strong national brand and work hard on their local marketing presence. Each firm benefits from large numbers of leads generated online for them both nationally and locally, optimised websites with proven engagement tools, all supported by a bespoke call centre operation. They can then continue to focus on their traditional channels to market, which remains a large and valuable proportion of our member firms’ business.”

We often talk to law firms about the ‘quality’ of online leads.

Much can be done to ensure searching customers are paired with the ‘right’ firms in terms of law types and geography, which massively increases conversion rates to billable work. However, would-be customers that find you online will rarely have the same characteristics as those who walk through your door. They are

54 Modern Law

August/September 2017

FEATURES

Hello? Is there anyone out there? We’re still waiting for accessibility and transparency!

Our resident Tech commentator Charles Christian writes… early 20 years ago, in 1998, I wrote a book called Legal Practice in the Digital Age – a book Richard Susskind described as “essential reading for every lawyer in the land.”

Susskind added “My advice to lawyers is to block three hours out of the diary, pour a stiff drink and read this book in one sitting… an arresting account of how rapidly IT is changing our world, and he leaves no doubt lawyers must embrace technology to survive…”

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At the time of writing the book, the hot topic was the rise of internet-based online services and what would soon be termed the “Dotcom Boom”. I was particularly intrigued by the fact that no matter how inconsequential the purchase may be, I could buy pretty much anything I wanted on Amazon on a 24/7, 365 days-ayear basis AND automatically receive free status updates on the progress of that order.

In contrast, when it came to consumers making the biggest purchase of their lives – buying a new home – they could only obtain a status update by phoning their local law firm between the hours of 9:30am and 5:00pm, five days a week (closed weekends and in many instances also closed during the lunch hour) and playing “telephone tag”, with both sides leaving messages on answering machines/voicemail, or with the secretaries of the other, requesting calls back (no change there then, as in 2016 a Which Mortgage Advisers survey found one of the biggest stressinducing factors in property sales was the time buyers and sellers had to spend trying to get in touch with their conveyancers to find out what was happening).

After summarising all the technologies available, including automatic SMS text messaging, email update/alerts, and online self-service portals (yes, even 20 years ago extranets were already available to firms running case management software), my conclusion was “keep in touch with your clients to ensure you continue to anticipate and address their changing needs, for in the final analysis the clients are the only people who really matter in today’s legal business”.

Fast forward to the present day and… well, apparently nothing much has changed.

Clients still complain they have to chase their law firms for updates and progress reports. They still complain budgeting is a mess and lacking transparency, with law firm bills escalating out of control and far exceeding estimates. And they still complain law firms are merely reactive, rather than proactive, and only after much nagging begrudgingly offer the kind of fit-for-the 21st century quality of service delivery we take for granted from Amazon or Tesco.

Keep in touch with your clients to ensure you continue to anticipate and address their changing needs, for in the final analysis the clients are the only people who really matter in today’s legal business Furthermore, when it comes to tech, law firms are damned if they do and damned if they don’t. Fail to offer advanced services and your clients complain you are behind the times. Offer it and those same clients complain that no wonder your bills are so expensive because someone has to pay for all those computers!

The key is Know Your Clients, but from a practical point of view of their appropriate technical needs. For example, if you have elderly clients, they are going to want a traditional approach to legal service delivery. Something, incidentally, banks are only just appreciating as they close down branches and shift to online and phone banking, only to discover they are alienating older customers who need face-to-face dealings with bank tellers.

However, the technology on offer may be inappropriate even to computer literate clients. A friend of mine is currently selling a property, but her solicitor wants to go paperless and use an online portal to deliver copies of documents and updates. All very admirable and ecologically sound. Unfortunately, the system only works on Windows PCs, whereas my friend only uses an Apple iPad. She therefore faced the choice of either buying and learning to use a PC or changing her solicitor. She chose the latter.

The fact is, there is not, and never will be, one simple one-sizefits-all solution to law firm-and-client technology requirements.

Instead, to go back to my conclusion from two years ago, law firms must keep in touch with their clients to ensure they continue to understand and address their needs.

Charles Christian is the Roving Editor of the Legal IT Insider newsletter and also blogs about Tech & Stuff at www.gonzo.news and on Twitter at @ ChristianUncut

Then again, clients would say that wouldn’t they, because clients will always complain. Legal services remain a “distress” purchase no client voluntarily wants to make. You go to a lawyer because you have a problem you need fixing and not because you enjoy spending money of legal services. Retail therapy it ain’t.

August/September 2017

Modern Law 55

FEATURES

Picking professional indemnity insurance Paddy Synnott explains why getting a good professional indemnity insurance broker could save a law firm money.

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inding a professional indemnity insurance (PII) broker who understands your business is the first step to securing the best deal for your law firm.

Most PI insurers will not sell directly to solicitors, but only through brokers, and a good broker will be able to advise you on which is the right deal for you by explaining the relative merits of what each insurer offers.

Be aware that some PII brokers will work exclusively with one insurer while others will be able to do business with a number of insurers. Regardless, your broker should be willing to tell you if a particular insurer is the best option based on your needs even if it cannot directly access that company itself.

What to look for in your professional indemnity insurance broker

A competent PII broker should: 1. Ask you what your law firm’s requirements are and source insurance terms to meet those requirements. This could include: • Price • Excess • Limit • Financial security rating • Insurer reputation and track record 2. Approach professional indemnity insurers to obtain the most appropriate deal for your solicitor’s practice. In providing terms they are required to disclose the extent of this exercise: • Single market means that the broker has only approached one PI insurer • Limited means that the broker has only approached a small number of PI insurers • Fair means that the broker has approached PI insurers which it considers to be a fair reflection of the market The ability of your PII broker is vitally important and it is not a level playing field. If a broker doesn’t have direct access to the market or they are tied to a single insurer then they are not able to undertake a market exercise. Our general advice would be to choose a broker who has the relationships and direct access to insurers to enable it to approach the market as a whole.

Finding a trusted PII adviser is priceless

A PII broker’s role shouldn’t only be to find you a new policy each year. It should also be able to: • Answer any questions you might have about your cover

Legal Software for small law firms

Insurance is a promise to pay on your behalf if the worst ever happens, so it’s essential that your professional indemnity insurer is around to keep that promise when you need it • Advise you on what measures you can take to reduce your risk, and therefore potentially lower your premium in the long term • Explain the potential insurance implications of business decisions you’re considering, such as branching out into a different line of work or changing your practice’s legal status • Support you if you have a claim. Some brokers have an in-house team of specialists that can handle and manage the claim on your behalf with the insurer

How your PII broker will help you choose an insurer

A good broker will be able to give you the benefit of their insight and experience when explaining which PII insurers cover your type and size of law firm, their relative financial strengths and track records, and just as importantly, their attitude and approach to paying claims so you can make an informed decision about which insurer to choose.

When deciding on a professional indemnity insurer, ask what matters most to your law firm: is it price, their longevity in the market, its financial strength (reflected in its rating), customer service or claims paying record?

But when it comes to accepting an offer, it’s important you remember that it isn’t just about price. PI insurance is one of the most expensive purchases a law firm has to make, it’s true, but the quality of your insurer is crucial. Insurance is a promise to pay on your behalf if the worst ever happens, so it’s essential that your professional indemnity insurer is around to keep that promise when you need it. Also, you don’t want to be in a position where you’re forced to buy two PII policies in one year, if your insurer unexpectedly exits the market.

Take your time before deciding which broker you use. Find one that suits your law firm’s needs, based on your size, work and history, and build a relationship with them to ensure you get the best advice for your business.

Paddy Synnott is a Client Advisor at Miller Insurance Services.

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CASE STUDIES

Eclipse to implement its Proclaim Practice Management Software solution at Anderson Rowntree in 6-figure deal clipse Legal Systems, the Law Society’s sole Endorsed legal software provider, is implementing its Proclaim Practice Management Software solution at Anderson Rowntree, one of the oldest law firms in West Sussex.

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Established around 1850, Anderson Rowntree has an enviable reputation for Darren Gower results and service, and prides itself on its firm roots within the local community. Offering services across property, private client, family and litigation, the experienced team provide an entirely client-focused and efficient service, earning the firm a recommendation rate of over 98%.

The 6-figure deal will see Eclipse implement pre-configured Proclaim work types for all staff to provide a core centralised productivity suite. For financial management, Proclaim’s Credit Control Centre (CCC) will provide the firm with a central dashboard of key financial and payment information, including the ability to drill directly into bills, clients and matters. As part of the implementation process, Eclipse will conduct a complete data migration from the practice’s incumbent system, resulting in increased efficiency throughout all departments. Furthermore, to ensure firm-wide compliance, Anderson Rowntree has opted for Eclipse’s integrated compliance

toolset to assist with the extensive SRA obligations, and to provide an improved risk management strategy.

Additionally, as part of the drive to further enhance client service, Anderson Rowntree will also take advantage of the integrated Proclaim lead management system, empowering the firm to track and analyse sources of new business and streamline the inception process. Taking this further, the firm will benefit from Eclipse’s integration with an online ID and AML service, providing end-toend ‘one-click’ verification and instant on-screen validation.

John Dickerson, Partner and Practice Director at Anderson Rowntree, comments: “It is crucial that we achieve our goal of staying ahead of the competition and strengthening our enviable reputation for outstanding client service. Proclaim will be fundamental to our future success, by providing a flexible central solution, embraced by all departments and therefore guaranteeing a consistent approach to matter management. Proclaim will not only improve our internal efficiencies and compliance, but will also provide client-facing systems to enable an online service. The fact that Proclaim’s scope is this broad made the system our first choice by a large margin.”

For further information, please contact Darren Gower, Marketing Director at Eclipse Legal Services, part of Capita plc, via darren.gower@eclipselegal. co.uk or call 01274 704100. Alternatively, visit www.eclipselegal.co.uk

The Hidden Cracks: The Importance of Identifying Subsidence Risk ith the British Geological Survey (BGS) estimating that 1 in 5 homes are at risk of being affected by shrink/swell subsidence, it highlights the importance of reviewing environmental risks and understanding the implications to ensure a smooth property transaction.

W

There are many potential causes of ground instability, although coal mining is one of the culprits, there can also be natural cases of subsidence, which are made worse by the impact of climate change. Clay shrinkage is the main cause of subsidence in the UK and reportedly accounts for 75% of subsidence insurance claims. Clay shrinkage is caused by variations in the moisture content of the clay subsoil (frequently affected by trees taking water out of the ground, or leaking drains) resulting in volume changes, which in turn affects foundations and can result in significant subsidence damage.

Geoff Offen

August/September 2017

With constant changing rainfall and groundwater conditions, there has been a dramatic upturn in the number of cases of ground collapsing through natural causes known as sinkholes. Large areas of the country are underlain by surface deposits or rock formations such as limestone, chalk, salt and gypsum. These types of rocks can be removed or readily dissolved by surface flooding, heavy rainfall, water abstraction, or by drought conditions removing the support of water in underground cavities.

There are steps the homebuyer can take to try and reduce the impact of the risks, like considering the position of trees near the property and ensuring gutters, downpipes and drains are in good repair. However, it is highly recommended that a full environmental report that includes analysis of ground stability datasets is carried out during the conveyancing process to ensure the client is protecting themselves from the increasing risks.

Geoff Offen, Managing Director, Future Climate Info (FCI).

Modern Law 57

10 MINUTES WITH

Scott Bozinis Q A

Did you expect the legal services sector to change so drastically when you started working in it?

My parents are in the legal industry, so that is how I got into it, and then it was by writing software. To some extent I was a bit surprised when I started in 2005 that there was a distinct lack of software for the legal industry, and I was aware that the time was right for the industry to start evolving technology and software in order for it to play its role in law. It is an industry that hasn’t traditionally been at the leading edge when it comes to technology. The answer is probably yes, without quite realising it.

Q A

What has been the key positive/negative changes in your area of the market?

The whole industry has traditionally been a paper-based industry and somewhat disparate. The challenge for conveyancing is to consolidate tasks, facilitating a simpler way of working with one place for all information from various government departments. InfoTrack brings together data from the Land Registry, HM Revenue office, and local councils all into one place. Equally, it converts the information into an electronic format, so once upon a time, you were sending off pieces of paper to apply or queuing at a counter, you can now do that via a single website. By making it easier for conveyancing today, it is a really positive change to the way they work.

Q A

Who inspires you and why?

I think anyone that has introduced technology into any part of the world, but as cliché as it is, for me it really is Steve

I was aware that the time was right for the industry to start evolving technology and software in order for it to play its role in law

Once upon a time, you were sending off pieces of paper to apply or queuing at a counter, but you can now do that via a website. That is a key positive change Jobs. He was amongst the first movers and suffered some of the challenges. Introducing technology is hard work; you are introducing a lot of change to people’s lives, which they often find difficult, but then comes the day when they turn around and they are so grateful that they have got it. Whilst I’m inspired by many who have pushed forwards with technology, for me, Steve Jobs is simply miles ahead of his time, and anything that he has written or spoke of, I have gladly lapped up over the years.

Q A

Have you had mentor? If so, what was the most valuable piece of advice they gave you?

I do have a mentor. Stephen Wood is my mentor; he is Chair of the company. Stephen and I started on the same day at InfoTrack, and we have worked incredibly closely. When we first started, InfoTrack had twelve people, and seven and half years later, we have almost one thousand employees in four countries. That is an amazing journey, and he has mentored me the whole way.

As for the most valuable piece of advice, it would be that anything is possible. When you are starting in a new company or industry, it is so easy to listen to all the reasons why it can’t be done, and Stephen would just never take no for an answer.

Q A

If you were not in your current position, what would you be doing?

I would definitely be playing cricket professionally, but unfortunately it would probably be for Australia against England. Cricket is something I adore, and I would be doing that if I was any good at it.

Scott Bozinis is CEO of InfoTrack UK.

SAVE THE DATE Eclipse Proclaim Modern Law Awards Thursday 18th January 2018 Shortlist Announced Week Commencing 30th October 2017

The Lancaster Hotel, London CONTACT Event enquiries | ellie.campbell@charltongrant.co.uk | 01765 600909 Sponsorship enquiries | kate@charltongrant.co.uk | 01765 600909

58 Modern Law

August/September 2017

18.01.18

The Lancaster Hotel, London

GOOD LUCK TO ALL WHO NOMINATED! THE SHORTLIST WILL BE ANNOUNCED IN OUR NEXT EDITION

Event Enquiries Ellie Campbell 01765 600909 ellie.campbell@charltongrant.co.uk

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