THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES
LEGAL
NEWS
APRIL 2017
A CALL TO ARMS! CONFEDERATION AGM - see page 10 CARDIFF & DISTRICT ANNUAL DINNER 12th MAY 2017 - see page 15
CONTENTS CONFEDERATION OF SOUTH WALES LS
Editorial Board
Richard Fisher - Editor Michael Walters - Secretary Johnathan Hine David Dixon
PRESIDENT’S REPORT
Editorial copy to
cardiff & district LS
Richard Fisher Charles Crookes 51 The Parade Cardiff CF24 3AB Tel: 029 2049 1271 Fax: 029 2047 1211 DX 33025 Cardiff 1 E-mail rfisher@ccj-law.co.uk
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Family and Civil Legal Aid Tenders announced for 2017
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FROM YOUR EDITOR After editing Legal News for twelve years, I have decided that it is time to hand over to new blood. I am delighted to announce that Emma Waddingham has volunteered to take over the mantle; I am sure that she will bring her experience and enthusiasm to Legal News and that Legal News, under her leadership, will reach unsurpassed heights, both in print form and in forms of media and communication that I have not even heard of, yet alone understand! Emma will be producing the June issue and she can be contacted on Emma@emmawaddingham.com I should like to thank Dawn Pardoe and all the team at PW Media who have been publishing the magazine for the Confederation since 2007. In particular, I give my thanks to Paul Blyth, our graphic designer, who has been exceptionally patient with my lack of IT skills particularly when I am trying to send him photographs!
Also, thanks and best wishes to Suzie Scott who was on the original sales team in 2007 and has just returned to Legal News with her usual vigour. I should like to thank Michael Walters for his unfailing work to ensure that(despite the efforts of some firms’ postrooms!) Legal News is efficiently and quickly delivered to all our readers every issue. This is quite a physical task especially as it involves his porch being filled up with 3,000 copies of Legal News every two months! But mostly, Dear Readers, I thank you. n Richard Fisher
CONFEDERATION OF SOUTH WALES LAW SOCIETIES
PRESIDENT’S REPORT - APRIL 2017 At the time of sitting down to write this column, the latest terrorist outrage in London is less than 24 hours old. Although the details of who did what remain a little unclear, I am sure that everyone shares the initial feeling of shock at what occurred, turning to great anger against the perpetrator. These emotions are balanced equally with an extreme sense of sadness over the senseless loss of life of those who died, the feeling of impotence in the face of such outrageous conduct but the “steely determination” not to allow this to have any effect on our way of life. At this time, my thoughts and prayers are, primarily, with the families and friends of those who lost their lives in this incident. Recriminations, resolutions and additional action can and must be saved for another day, though we must emphatically guard against any attempt to stigmatise any section of our society simply as a reaction to the outrageous conduct of one individual. I sincerely trust that those most affected by this utterly senseless and unjustifiable act can find some peace and comfort in their grief from the support of their wider families and friends. It is indeed true that in such situations do you really come to know your true friends.
this column. I make no apology for that. However, in the last few months I have attended to several Presidential duties. I attended the AGM of the Monmouthshire Law Society in Newport on 25th January 2017. This is the Society of which I am a member, so it was good to get to the AGM again. In doing so, I was wearing two hats. That of a member and also that of the President of the Confederation. I was impressed with the enthusiasm and energy evident at that meeting for the forthcoming year. My congratulations and thanks to the Monmouthshire outgoing President Clive Thomas. My congratulations and best wishes to the new President Mr. Andrew Twomlow.
In common with many, I suspect, I listened with concern to the media reports of the incident as I drove home on the evening of 22nd March 2017. As I have revealed in earlier editions of this column, I have a preference for Classic FM in the mornings on the way to work. But I do espouse the PM programme on Radio 4 in the evenings. Generally, it is a good summary of the news of the day and topical issues. Who can fail to have been moved in the extreme by the recent series with Steve Hewlett that culminated in his untimely death at the age of 58 last month?
The blatant scare-mongering that was going on was astounding. The theme was along the lines of this perpetrator getting within 30 metres of where MPs were gathered to vote in the Houses of Parliament, that this attempt came “...so close...” to succeeding and that there would have to be serious questions asked about security and so on. On many occasions I have been profoundly unimpressed with the standard of reporting by our media, but yesterday really was infuriating. What was really needed was a calm, rational and objective review of what had actually happened, rather than hysterical hyping of the situation that can only add to everyone’s fears and uncertainty in the immediate aftermath. Fortunately, some semblance of proper journalism was restored on the BBC 10 o’clock news that night by the inimitable Nick Robinson, one of the best journalists this country has to offer in my view.
As I drove home I listened with mounting anger to the bordering hysterical reporting from Westminster of some of the journalists spoken to.
Is it only me or did it escape everyone’s attention that this latest terrorist attempt singularly failed? Granted there was loss of life. That
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result is tragic and can never be overstated. However, the clear aim of this individual was to get into the House of Commons. That he may have breached the first line of defence by running at an unarmed Police Officer with a large knife is a fact. He got little further. The additional security provisions saw to that, calmly, quickly and very effectively. We do need to put this in its proper context in my view. Yes this was a very serious incident. But it was managed and contained as best it could be by our security services. You are never going to stop the individual loose cannon. The second line of defence is to ensure you can react appropriately, quickly and decisively when the need arises. On 22nd March 2017 the security forces proved their worth in my view. They are worthy of our deep admiration, thanks, respect and support, both for dealing with this incident and in all they do to keep us safe year after year. This incident being so recent, it has occupied a lot of my thinking of the last 24 hours and hence spilled into
Elsewhere, I was honoured to be invited to the gathering of the London Welsh Lawyers association at an event in London during Wales Week earlier this month. The event was kindly hosted by Goodman Derrick LLP and sponsored by Acorn Recruitment and Legal Network London, as well as being co-hosted by the Confederation. I was asked to speak, briefly, and believe I met the brief. I was a little disconcerted to realise, on arrival, that I was sharing the “podium” with the Secretary of State for Wales, Mr. Alun Cairns, that evening, but I think I took this in my stride. The event did not start until 6.30pm, so it was in the wee small hours that I got back home to Cardiff and to bed. More recently, the Confederation hosted a Property seminar in Cardiff on 16th March 2017 which I was pleased to be able to chair. My grateful thanks to the support given to us by Welsh Government for that event and more particularly to our sponsor for the event Infotrack UK. Equally, thanks to all the speakers including Prof. Brian Morgan of Cardiff Metropolitan University for
CONFEDERATION OF SOUTH WALES LAW SOCIETIES taking the time to attend and make the event such a success. Last and by no means least, thanks to our own Emma Waddingham for chairing the panel session at the end and making that such an interesting conclusion. Forthcoming events in the Presidential diary at present include the CILEX dinner in Cardiff on 25th March, to which I have had the pleasure to be invited for the first time. The AGM of the Confederation will take place at the University of South Wales Law School in Treforest on 20th April 2017. You are all invited to attend and share with us your views and suggestions of what the Confederation can do to support you and your practice. I look forward to welcoming you there. In closing I make no apologies for returning to my opening theme. In the recent aftermath of such an atrocity, it is perhaps inevitable that one contemplates one’s own existence. In the weeks prior to the events of 22nd March 2017, we have been assailed by the continued reporting
of the tragedies taking place further afield, the droughts and starvation in Somalia and other parts of Africa and the Middle East. Who cannot be moved to tears by the plight of those peoples, whose only “crime” is to be in the wrong place, at the wrong time and at the mercy of groups of selfish individuals whose only though is for themselves. The feeling of impotence, frustration and anger is acute wherever these images appear on the television news. How can human beings treat their fellows in such appalling ways? All this serves to reinforce the comparative luxury in which we live, in the main, in this country. As Phil Collins remarked in one of his songs “Oh, think twice it’s another day for you and me in paradise”. In that light, we must do what we can from our privileged position to help those most in need in any way we can. It is one of the cornerstones of our profession that we serve those in need. At no time has this been more acutely needed. Long may it continue.
My final thoughts remain with the Police Office killed in the incident on 22nd March 2017. I will not claim to be a fan of everything the Police do. Part of my practice has involved challenging them and holding them to account from time to time. However, there is no getting away from the clear fact that they provide a vital and necessary service to all citizens of this country. Anyone who has had the experience of being a Duty Solicitor in a police station in the early hours of any morning will have experienced to some degree the issues with which they have to deal. I would struggle to do a lot of what they do with the patience and care they often exhibit. But on 22nd March 2017 PC Keith Palmer exhibited courage beyond the normal. I can put it no better than Nick Robinson, when he remarked that PC Palmer and his colleagues “ran towards, not away from, the attacker.” In doing so they exemplified a courage that few of us could muster in such circumstances. His actions stand in grossly stark contrast to those of the security services in
Tunisia as reported in the recent inquests to the deaths of British citizens there on 26th June 2015. We all should feel humbled that there are those amongst us prepared to risk their own lives to keep the rest of us safe. Our thanks can never and will never be enough of a recognition of people like PC Palmer. We should, however, take every opportunity to give it and to recognise the immense task our Police services undertake on a daily basis. That PC Palmer was unarmed on the day he died will, I am sure, be a source of much debate going forward. I am content to leave that to another time. My last thought on this is from the King James Bible: Greater love has no man than this, that a man lay down his life for his friends. (John 15:13) Let us be calm. Let us not lose sight of how lucky we truly are. Be safe. n Jon Hine
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CARDIFF AND DISTRICT LAW SOCIETY
PRESIDENT’S LETTER Much has happened since my last article for Legal News. Article 50 has at last been triggered by the government and the process of exiting the European Union has commenced. MSPs in Scotland have backed a call for a second independence referendum for Scotland. Uncertainty surrounds the political position in Northern Ireland following the collapse of the Northern Irish government, a fresh election and the failure of interparty talks to resolve differences. We have also seen a terrorist attack close to the seat of our democracy in Westminster. These are worrying times but there remains plenty to be optimistic and hopeful about. I recently had the privilege of attending my firm’s international network’s conference in Cyprus. This is a country where divisions remain deep following the Turkish occupation of Northern Cyprus since 1974. I had the opportunity to go over to the Turkish side in Nicosia where there appeared to be a flourishing market and life continues apparently unaffected by the UN buffer zone between the two communities. I was surprised how easy it was to cross over particularly since last time I was there in the 1990s there was significant armed UN peace keeping presence and no movement of people across the borders. Although it is difficult to see how the two sides can be reconciled given the animosity and deep rooted suspicion between them, I am pleased to note that the leaders of the Greek and Turkish communities are due to meet again to resume peace talks and about possible reunification in April. Northern Ireland teaches us that there is always hope for peaceful outcomes even in the most hostile of circumstances notwithstanding the challenges that may lie ahead. Cardiff & District Law Society remains very busy with plenty going on. On 7 March I attended a reception and dinner hosted by the Solicitors Regulation Authority on the occasion of the first SRA board meeting in Wales. Enid Rowlands, Chairman of the SRA, spoke positively 6
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about how the SRA might help grow the Welsh legal sector and assist with providing affordable, accessible legal services for the public. Mick Antoniw AM, Counsel General for the Welsh Government, also spoke at the event and talked about ensuring a thriving legal services sector across Wales. I am sure we can agree that these are laudable aims and we look forward to seeing how they can be delivered. By the time you read this article I will have hosted a lunch for Past Presidents of the Society at the Park House Restaurant. I am delighted with the very positive response we have received to this initiative. Twenty past presidents have confirmed that they will be attending the event extending back over 30 years. Several will be travelling from distance to be with us. It will be great to see old friends and colleagues and to tap into their expertise and experience. I met with District Judge David Crowley on 21 March to discuss how the Society might work more closely with the local judiciary including in relation to access to justice and pro bono work. Representatives from the Cardiff Personal Support Unit and LawWorks also attended the meeting. The PSU is a charity helping people to represent themselves more effectively in civil and family cases and tribunals whilst LawWorks is a charity committed to enabling access to justice through the provision of free legal advice. I had wanted to understand how the local profession and our Society might assist the courts but what struck me was that the profession is already doing a huge amount to support the vulnerable in society and those in need of legal advice or seeking access to justice who are not eligible for legal aid and cannot afford to pay. It seems to me, therefore, that the Society’s role should be to support and promote the existing organizations and structures, to encourage more volunteers and to secure wider positive publicity for the profession. At the same meeting I also discussed with District Judge Crowley the possibility LEGAL NEWS
of reinstating a scheme which operated several years ago enabling trainee and junior solicitors to sit with and work shadow a District Judge for a day. I am pleased to report that the local judiciary is interested in relaunching the scheme and I have been asked to develop a proposal for further consideration. This will be a great opportunity for young lawyers to see for themselves how the judicial system works in practice and the challenges faced each day by our judiciary.
interest. So far we have 14 teams confirmed with a possible maximum of 19. There are still a few spare places left if anyone is interested in putting in a team. I am also looking for prizes for the raffle. I am pleased to report that Spindogs has kindly agreed to provide sponsorship for the event. Plans are also well advanced for the football match between Cardiff & District Law Society and Swansea Law Society. A provisional date for the match has been suggested for
In addition, Elizabeth Marshall from the Citizenship Foundation in Wales recently attended a Council meeting to talk to us about what they do and in particular the SmartLaw Project. The Citizenship Foundation is a charity which helps young people become active, engaged, motivated members of democratic society. One of its most successful and well known projects is the Mock Trial competitions which it runs in schools to help demystify the justice system for young people. The SmartLaw Project is an initiative that specifically aims to increase young people’s understanding of the law, their rights and responsibilities and the legal system. The Citizenship Foundation is seeking volunteers and support from the local profession for these initiatives. By the time you read this we will also have hosted a free seminar for members in conjunction with Spektar Surveillance and Private Investigation Ltd. The seminar is on 30 March 2017 on the subject of The Importance of Surveillance: Getting Effective Results for your Clients. This seminar is intended to highlight the importance of surveillance evidence in the lawyer’s armoury, including the increasing reliance upon social media. On the sporting front, I am looking forward to hosting the Society’s golf day at Radyr Golf Club on 27 April in aid of my two charities - #StayStrongForOws and Velindre Cancer Centre. We have had excellent take up for the event and I have had to ask the Club to increase the capacity to accommodate the
Friday 19 May 2017 at Leckwith Cardiff International Sports Campus. The idea is for mixed teams from the two Societies to play a match and then socialise and network together. Further details will be circulated in due course but if anyone is interested in participating please let me know. Finally, I hope you already have your ticket for the Annual Dinner which is now fast approaching. If you do not have a ticket as yet, I encourage you to book as soon as possible. The dinner will take place at Cardiff City Hall on Friday 12 May 2017 followed by an “After Party” at the Vanilla Rooms (Park House Restaurant). It will be a fantastic evening providing excellent opportunities to entertain clients and colleagues, generate new contacts and network with some of the most influential legal and business professionals in South Wales. There will be a champagne reception hosted by Legal Network Wales, followed by a fourcourse dinner. I am very excited that this year’s speaker is Cardiff born journalist and television presenter, Jeremy Bowen. The event will also be hosted by the well-known TV personality, Frances Donovan. There will also be a number of awards presented during the evening including LPC Student of the Year, Junior Lawyer of the Year (sponsored by Wessex Searches) and the Simon Mumford Memorial Award. We will also be supporting my two chosen Cardiff charities for the year. I hope to see you there. n Paul Hopkins paul.hopkins@geldards.com
FEATURE
Family and Civil Legal Aid Tenders announced for 2017! In 2016, the Legal Aid Agency (LAA) launched the tender 2017 Crime Contract. April 2017 will see the publication of the tenders for the Family and Civil Legal Aid contract. If you have lost your password for Bravo solutions then you will need to obtain a new one as soon as possible as the LAA now seem to use that portal for all its tenders.
Facetime etc. for this purpose. Virtual meetings are currently not allowed. Some innovation may be allowed in all categories as to the methods of delivery of the service. The LAA intend to allow “flexibility by allowing remote working arrangements within the face to face contract, such as the delivery of advice via telephone, email and/ or video conferencing where appropriate”. This may allow organisations to reduce cost and improve access. We await the details.
The LAA intends to terminate all its existing Family and Civil Contracts on 31st March 2018. All new contracts will therefore commence on 1st April 2018. This includes Family Mediation contracts. Tenders will be issued in April 2017 for the following categories: 1. Family 2. Family Mediation 3. Housing, Debt and Welfare Benefits 4. Immigration & Asylum 5. Actions against the Police etc. (to be known now as “Claims against Public Authorities” 6. Community Care 7. Mental Health 8. Public Law If it is not already the case, then the LAA will take steps to ensure that all existing civil contracts end on 31st March 2018. If therefore your organisation wishes to have one of the new contracts which will commence on 1st April 2018, you will need to participate in the appropriate LAA tender. The tenders will start in APRIL 2017. The original timetable was as follows: 1. SQ opens April 2017 2. Notification of SQ outcome June 2017 3. ITT opens July (Family and Civil) August 2017 (Family Mediation) 4. Notification of ITT outcome September 2017 (FAM/CIV) December 2017 (FAM MED) 8
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5. Mobilisation/Verification process November 2017 to March 2018 6. Contracts issued Oct 2017 (FAM/ CIV) March 2018 (FAM MED) 7. Contract start and service commencement 1 April 2018 However, the LAA has already (on 17th March 2017) moved the goal posts and changed the above timetable. The tender will now open in May 2017 and the two- stage process mentioned below will be run at the same time i.e. in parallel. However, watch this space! The traditional PQQ (Pre-Qualification Questionnaire) will be rebadged as the SQ (Selection Criteria). Although renamed, it will no doubt contain similar “suitability” questions as the last PQQ e.g. as to Key Personnel not being bankrupt/not having entered into an IVA; no findings of discrimination; there being no previous LAA contact terminations etc. The SQ will be STAGE 1 of the tender. STAGE 2 (the ITT) (except for the Housing Possession Court Duty Scheme) will now be issued at the same time. Your firm will have to pass STAGE 1 to LEGAL NEWS
be eligible for STAGE 2. Firms should ensure that they have employed or will employ by the specified date, the relevant qualified Category Supervisors. Some of the Supervisor Standards are to be tightened e.g. Mental Health with a requirement for 10 rather than 5 Tribunal Cases. The new contracts will make clearer that you are not allowed to outsource your Supervision to an external Supervisor. They must effectively be an employee or partner. If any of your category Supervisors are planning to retire before 2021 then you have a succession issue to address as the requirement is usually that you will employ a relevant supervisor throughout the contract term. It is essential that firms read the contract specification and contract terms when issued by the LAA. The LAA now usually require a ratio of 1 dedicated Supervisor to every 4 Fee Earners. They also now require that Supervisor to carry out the file reviews for those fee earners that they supervise and to meet with them (face-to-face) at least once per month if they are located at a remote office. If they follow the policy they adopted in Crime, they will not allow the use of Skype or
There are category specific changes planned as set out in the LAA’s headline intentions document (FAM and CIV) published on 20th January 2017. Each successful firm will in addition to their category specific new matter starts be able to open up to 5 Miscellaneous Matters. They will also be able to request Miscellaneous Matter Starts to act on behalf of victims of human trafficking and modern slavery. The LAA will no longer require Family Mediation Providers to hold the Mediation Quality Mark (MQM). Instead, the Contract will require that mediators and mediation organisations meet the standards set out by the Family Mediation Council (FMC) and the Family Mediation Standards Board. Cpm21 will no doubt have another busy year supporting firms with these new LAA tenders. n Wayne Williams LLB.MBA cpm21
UPDATES
JLD Cardiff and South East Wales Update The Junior Lawyers Division Cardiff and South East Wales are a group of junior lawyers including students, paralegals, trainee solicitors, CILEx lawyers, solicitors and barristers of up to five years qualification in Cardiff and South East Wales.
This event is free but ticketed. Please visit: www.tinyurl.com/JLDjudge
Visit our website http://jldcandse. wales/ and join our mailing list to keep updated on our events.
We are looking for a Trainee Solicitor from each firm to work with us to act as a point of contact and promote our events at your firm.
Becoming A Judge Event Thursday 6 April 2017 from 17:30 onwards at The Law Society, Cardiff The JLD have teamed up with three local Judges who are keen to share their experiences. You can become a Judge sooner than you think and the Judiciary are keen to engage local lawyers with a view to inspiring the next generation of the Judiciary. Even if you do not intend to be a Judge the talks are set to be interesting and a great networking opportunity. Free drinks and nibbles will be provided.
Become Your Firm Rep! We want to reach as many junior lawyers within Cardiff and South East Wales as possible.
Interested? Contact us here: csewjld@gmail.com Want to work with us? We are always on the look out for organisations to co-host and sponsor our events. If you or your organisation would like to discuss sponsorship, please do not hesitate to get in touch: csewjld@gmail.com. n
You’re invited to a FREE Lunch & Learn session on Legal Risk Awareness Over £85 million has been stolen across the legal market in the past two years due to cyber crime. This is a must attend event for everyone in your firm as they should all be aware of the risks and how to reduce them. As well as a presentation on cybercrime, there will be two more speakers: Paul Jones from CPM21, and Helen Iles, Senior Associate & Head of Training at Hugh James, who will be covering the topic of Information Management: Use it but use it wisely. Venue:
Chairman’s Suite, Cardiff City Stadium
Date:
Thursday 15 June 2017
Time:
12—2pm with lunch from 11:45am
Cost:
FREE
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CHANCERY LANE
chancery lane news If we needed another reminder of the importance of our core values of democracy and the rule of law, and how important it is that we are not provoked or intimidated into departing from them, we received it on the afternoon of Wednesday 22 March. I am writing this piece the next morning.
I hope that the police investigate the incident thoroughly and fairly, are able to arrest and charge anyone associated with the currently unnamed terrorist with any offences the evidence suggests they have committed and that the defendants are tried fairly and, if guilty, convicted. Let’s also hope that any additional security precautions which may be put in place, in Westminster and elsewhere, will be the minimum necessary, targeted, proportionate, transparent, consistent and effective and that those who operate them are accountable for their performance. 12
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March Council meeting Coincidentally, the Law Society council met in London on 22 March. We received news of the terrorist outrage during the afternoon session of our meeting and proceeded briskly through the remainder of the agenda so that people could take the tube for their journey home before it became too overcrowded. The main items on the agenda were governance review and regulation. I shall deal with them in that order. Constitutional change We are pressing on with constitutional LEGAL NEWS
change. The process is slow because we wish to delineate very clearly the roles and powers of the president, chief executive and chair of the Main Board, and those of the council and the main board. Last year, we were being pushed towards a quick resolution of these issues by the former chief executive. Now we have been told by the Good Governance Institute, the consultants who are advising us about this, that it can take time to reform governance arrangements and get them right. Given the deep and mutual mistrust between the former chief
executive and certain longstanding, predominantly male members of council (I am one of them), it is going to take a lot of thought and persuasion to agree a way forward. The plan is to agree these relationships at the council meeting in May, before addressing the vexed question of the composition of council. We took one decision which would have sent mixed messages to the former chief executive. She had wanted the size of council to be cut dramatically, so she would not have been happy that we allocated one
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CHANCERY LANE this article. It seems trite to say it, but these are the principles against which the SRA’s performance should be judged. If one applies a literal and orthodox interpretation of these principles, by any measure the SRA is failing in its duties. Perhaps this explains the organisation’s enthusiasm for innovation. Innovative interpretations of the principles permit them to regard meeting in private as transparent, and ignoring the protection of the public (such as the proposed relaxing of the Solicitors’ Accounts Rules) as targeted regulation. No doubt they view their campaign for independence from the Law Society which, if successful, would result in their liberation from the oversight of the Law Society, as a demonstration of their accountability!
of the fallow council seats (ie a seat which had not been allocated to any particular demographic or specialist group) and thus increased the size of council to, I think, 97 seats. But she’d have been pleased that the newly enfranchised group is the LGBT division, which she spent a lot of time setting up last year. I thought this motion would pass by acclamation but it generated some debate. I am neither L, G, B or T but I spoke in favour of giving the division representation on council. All the other divisions are represented and it seemed wrong that they should be treated differently. The next council meeting will take place at the Hilton Hotel in Cardiff on 17 May. It is always good to see the Law Society of Wales and England convening here in the capital and I am looking forward to the occasion. Regulation The SRA board held its first meeting in Wales on Wednesday 8 March and celebrated the event (as the Law Society will, in May) with a reception the evening before, followed by a dinner. They invited the great and the good to the reception and I managed to get an invitation somehow so I came along, though I didn’t rate a dinner invitation. The board was due to receive a presentation on the Solicitors’ Qualifying Examination (SQE) during the meeting. Here, I must declare an 14
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interest. I am wholly opposed to the SQE as it is unnecessary, it burdens candidates with additional cost, multiple choice questions (MCQs) are not a satisfactory means of testing candidates’ understanding of the law or their ability to apply the law to facts, and an ability to answer MCQs correctly does not prepare candidates for practice. I therefore took the opportunity to lobby SRA board members and senior staff with my well-reasoned and dispassionate thoughts on the matter, as did several legal academics. I doubt whether my enlightened remarks changed the minds of the SRA personnel I chatted to, as SRA people seem to be peculiarly immune to persuasion. But I’ll never know, as a communiqué which was issued after the SRA board meeting announced that from henceforth their meetings will take place entirely in private, so neither the press nor their regulated community will be able to attend. I realise that this meeting took place in the second week of Lent, which is a time for abstinence, but it is both frustrating and annoying to see that the SRA seem to have given up the residue of the regulatory principle of transparency which applied to them, and to do so not merely for Lent but for all time. I listed the five principles of good regulation in the first paragraph of LEGAL NEWS
The Legal Services Board is now investigating whether the Law Society’s oversight and monitoring of the SRA has caused representative functions to impair the independence or effectiveness of the performance of the SRA’s regulatory functions. This investigation is being made following a complaint from the SRA’s chief executive. He resents the internal governance arrangements between the bodies which were agreed by his predecessor and the former SRA chair on behalf of the SRA, and the Law Society and approved by the LSB. The Law Society has honoured these arrangements. It is difficult to see how the LSB can find in favour of the SRA after its investigation has finished. But the problem is that the LSB and SRA inhabit the shadow world of regulation. It is populated by people (staff and board members) who are part of an elite who always know best.
They orbit professional organisations like malign meteors, threatening to crash into them before gravitating towards another professional body and wreaking havoc (such as outcome focussed regulation) upon it. They work for the SRA one year and the BSB the next before reuniting with a few mates at the LSB and departing to regulate architects or finding a berth regulating obstetricians. Law Society committees The annual recruitment round for the Law Society law reform committees is under way. The following committees have vacancies to fill: access to justice, civil justice, company law, conveyancing and land law, criminal law, European Union law, family law, housing law, human rights, intellectual property law, mental health and disability, planning and environmental law, tax law, Wales, wills and equity and the money laundering task force. The deadline for applications is 12 noon on Monday 10 April. I encourage all who are interested to apply. You will only make a difference to your professional body and to the law if you engage with what it is doing. I have found the last 17 years I have spent serving on Law Society committees to be rewarding and they have helped me in my work. You are giving but also taking when you participate in the business of these committees. It is also important that solicitors from Wales have a say in these committees, particularly as the law which applied to the two countries continues to diverge. I hope this message has persuaded someone to apply. n David Dixon Twitter: @saldixie
The Incorporated Law Society for Cardiff & District
annual general meeting notice Notice is hereby given that the Annual General Meeting of this Society will be held at the Park House, 20 Park Place, Cardiff on Wednesday 24th May 2017 commencing at 6pm. The business to be transacted will include presentation of accounts for 2016, appointment of Officers and Council members and approval
of special resolutions and reports. Further details and a full agenda can be obtained from the undersigned. n Michael Walters, Administrator 34 Ty Fry Gardens, Cardiff CF3 3NQ DX 33029 Cardiff 1.