Legal News DECEMBER 2017

Legal

NEWS

DECEMBER 2017 THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES

HAPPY HOLIDAYS TO ALL OF OUR MEMBERS Have a Prosperous New Year

LEGAL NEWS

CONTENTS PRESIDENT REPORTS

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Johnathan Hine

The Night’s Draw In

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Rachelle Sellek

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Mel Bevan-Evans

REGULARS

FEATURES

10 Chancery Lane News

The final update of 2017 and looking into the new year

A Profession in Flux

12 Working Hard for the Money 13 Newly Qualified Solicitor Admissions Ceremony a huge success!

14 Should Rapists Gain Parental Responsibility?

Looking Ahead

16 Effective Legal Practice Management 18 Costs Budgeting: Ignore at Your Peril!

Editorial Board

Designed & Produced by

The articles published in Legal News represent

Emma Waddingham - Editor Michael Walters - Secretary Johnathan Hine David Dixon

PW Media & Publishing Ltd

the views of the contributor and are not

Editorial copy to

Graphic Design

Emma Waddingham Email: emma@emmawaddingham.com

necessarily the official views of the Confederation

Managing Editor

of South Wales Law Societies, Cardiff & District

Dawn Pardoe

Law Society, or of the Editorial Board. The magazine or members of the Editorial Board are in no way liable for such opinions. Whilst every

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care has been taken to ensure that the contents

Advertising Sales Suzie Scott Tel: 01905 727904 Email: suzie@pw-media.co.uk Printed By Stephens & George

of this issue are accurate, we cannot be held responsible for any inaccuracies or late changes.

No article, advertisement or graphic, in whole or in print, may be reproduced without written permission of the publishers.

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DECEMBER 2017

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PRESIDENT REPORTS

the night’s draw in This is the last edition of Legal News prior to Christmas. Although it still seems a long way off, I extend my best wishes to you all for the holiday season.

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ollowing on from our End of Summer Ball, events in the Presidential diary have been sparse. With summer holidays a dim and distant memory, the days shortening and the clocks having gone back, we have truly entered the long dark winter months. Still, the autumn is a wonderful time of year. I have a particularly stunning tree at the front of my house. Currently clad in its autumn glory of browns, yellows, reds and golds it is such a shame that the colours last for such a brief period.

Unfortunately, there is still no escape from Brexit! But the less said about that the better. As Kerry Underwood remarked in one of his more amusing blogs on the question of car insurance premiums and the assault on the PI sector, the world may end but car insurance premiums will not be reduced!

Brexit is starting to adopt a similar permanency. One does indeed wonder whether, event as the earth boils away to nothing (for more detail see The Restaurant at the End of the Universe by Douglas Adams), the European representatives will still be moaning that the UK has not done enough to allow us to negotiate a trade deal!

On the home front, our Prime Minister continues to soldier on. The marked contrast between the actions of politicians today with those who were in power when I was a child seems to me marked. But then I guess it is just a facet of what Baz Luhrmann wrote about in his Sunscreen Song when talking about the altered perspective on life that comes with age. The song is a must listen to anyone of a slightly philosophical bent, as his comments on life are so accurate. When talking about life generally he observed: “Accept certain inalienable truths, prices will rise, politicians will philander and you too will get old, and when you do you’ll fantasize that when you were young prices were reasonable, politicians were noble and children respected their elders. Respect your elders.”

Beyond the frightening accuracy of these observations there is a real point of perspective. Were the politicians of old more ‘noble’ or capable than those of today? Or have we just had a change of wardens at the asylum?

Current shenanigans would tend to belie the accuracy of Mr. Luhrmann’s observations and am I the only one with a significant scepticism and distrust of the current crop of politicians regardless of colour and persuasion? I think not. The worry all this creates is that it is precisely these people who have the greatest influence on our society generally and our profession in particular. All the more reason to be on our guard against knee-jerk policy, conjecture and antipathy born of jealousy.

I have been profoundly concerned about the explosion in the media of claims of harassment in all its forms, sexual or otherwise. My concern is primarily the issue of fairness. Whether or not person x is guilty of any inappropriate conduct is not a matter that need trouble me. Our courts and tribunals service is there to decide such questions and we have a robust, highly effective and internationally well-regarded system in the UK for determining such issues.

My preoccupation in this matter is mainly on the issues of fairness for all parties to such allegations. Currently, the identity of a victim of such a complaint is protected in law. I have no issue with that. It is clearly right and

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proper. However, the identity of an alleged perpetrator is not. On the face of it, one could well imagine the lack of importance attached to such an issue in days gone by, when publicity was through newspapers only read by a small percentage of the population, before the advent of television and extensive radio reporting and certainly before the digital age and the advent of ‘social media’ (or should that be anti-social media? I cannot see the ‘social’ aspect in our children with their heads bent over mobile devices sitting alone in their rooms but there we are – perhaps one of the benefits of age!).

However, the explosion of different reporting streams means that such issues can be broadcast now even before the alleged culprit has any idea of what they are accused. The innuendo attached to such allegations, particularly those with any sexual overtone or aspect, is massive. The potential damage such allegations can do even before any finding of culpability, has the power to destroy reputations and careers in circumstances where the alleged culprit may never even face any form of censure, prosecution or discipline due to the allegations being found to be false, wrong or unproven. Whilst I fully support victims of such unwanted behaviour to raise such issues, there must be a balance struck pending proper investigation and determination of whether any wrong-doing has occurred. Otherwise, the scales of justice are massively tilted in the wrong direction and the potential implications of that on a just trial, investigation or enquiry in the future equally massive.

It will come as no surprise therefore to learn that I was profoundly shocked at the manner in which the late Carl Sargeant was dealt with in Wales recently. Shocked, in that scant if any regard was had as to his well being and the effect unclarified allegations would have on him. It is a clear requirement of justice that any alleged culprit knows the nature and extent of an allegation made against them in order to be able to defend themselves against it. The truth or otherwise of the allegations is, as I have said above, not my concern here at all. The issue is the fairness in which people, regardless of what they are accused of, are treated. As a profession, particularly within the criminal branch of our profession, we have always acted on the basis that everyone is entitled to representation, regardless of the severity of that with which they are accused. This is a noble but, ultimately, just stance to take. Innocence until proven otherwise has been enshrined in our system since Magna Carta. The passage of time has confirmed this is the best system humankind can design to deal with such matters.

The problem with the manner in which Mr. Sargeant was treated is that it effectively allowed a trial by media, before any investigation even started.

Despite the protestations of the First Minister, I am not persuaded that he acted “by the book” in this at all or that he had no other options. Were I to sack a member of my staff without any form of disciplinary process, I would rightly be taken to task by the Employment Tribunal. Why is Mr. Sargeant any different? Equally, where such serious allegations are raised, the potential involvement of the Police and, ultimately, the CPS raises its head. Generally speaking, where there is potential for criminal prosecution, employers are requested to withhold any disciplinary action pending the outcome of any

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C criminal investigation and prosecution that occurs. The obvious reason for this is to ensure a fair investigation and trial, if applicable, before any assumptions can be made as to culpability as a result of an alleged culprit being dismissed from their employment. Again, why was Mr. Sargeant not afforded the same consideration?

In all, I am profoundly disturbed by the whole incident. Ultimately, however, what saddens me the most is the loss of a life cut off in its prime. I may never have known Mr. Sargeant personally. I may have issues with his stated politics. But I respected him for who he was and as another human being. I was greatly saddened by his untimely death and extend my deepest sympathies to his family.

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I return to Mr. Luhrmann. My view of our current crop of politicians would be immensely improved were someone, anyone, to have the integrity, foresight and courage to stand up and agree that the late Mr. Sargeant was treated appallingly, that our system is clearly severely lacking in fairness in this area and that reform is needed immediately. By tackling this issue head on we promote fairness for both sides in such matters and achieve respect and trust in our system.

Jonathan Hine President OF THE Confederation of South Wales Law Societies JonathanH@jacklyndawson.co.uk

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The conclusion of all this seems clear. It is high time that anonymity in such matters is afforded to both alleged victim and alleged culprit in such matters.

Only by doing this can we truly say that our system is fair. Is this really too much to ask?

I confess to a growing sense that our society is becoming more selfish, uncaring and introverted. But as to life generally, Baz encapsulated it best in the song and I leave you with his observation to conclude: “Don’t waste your time on jealousy; sometimes you’re ahead, sometimes you’re behind... the race is long, and in the end, it’s only with yourself.” l

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Bills of Costs Costs Budgeting Costs Management & Advocacy Schedules and Statements of Costs Points of Dispute & Replies Competitive Pricing Courier Service available In-House Services email: info@synergycosts.co.uk Telephone: 029 2066 5788 Fax: 029 2022 5402 DX 33043 Cardiff 1 Synergy Costs Ltd, Paragon House 13 St Andrews Crescent, Cardiff, CF10 3DB Company No. 9308504

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DECEMBER 2017

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PRESIDENT REPORTS

A profession in flux...

I’m writing this on Armistice Day 2017. Much has happened in the last 100 years, not just in the legal world and I wonder whether solicitors who served in the Great War would recognise the profession they knew in the one we have today.

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’ve taken some statistics from a Gazette article in 2014 that said a quarter of all solicitors served in the First World War. It was reported that 588 were killed and 669 seriously wounded which accounted for a tenth of all solicitors at the time. Today we have just over 136,000 qualified solicitors in England and Wales so an equivalent conflict today would see some 13,000 solicitors wounded or killed.

It isn’t just the size of the profession that has changed in the last 100 years.

The role of a solicitor in society has changed, once seen as a pillar of the community and respected almost without question, these days the public gets its view of solicitors through attention grabbing headlines that detail fraud, scams, question our ethics and highlight the mega-salaries paid to many in the City of London. Websites such as Rollonfriday.com give a warts and all view of life, predominantly in City firms, that must be far removed from the daily experiences of most solicitors.

The rise of the City of London and the UK’s pre-eminence in the world of financial services has meant fundamental changes for solicitors. We have magic circle firms, silver circle firms, international and large regional firms, none of whom existed 100 years ago in anything like the form they do now.

We have the development of the financial services sector to account for much of that with banks and investment funds requiring ever more specialist legal advice.

Since the Second World War we have seen legal aid come and (almost go).

Legal aid is now almost completely unavailable to the majority of individuals who need help to resolve a civil issue. Huge cuts to the legal aid budgets for crime and family matters also mean that access to justice is curtailed in almost every sphere.

In 2016 women accounted for just over half of all solicitors on the roll. If you look at the numbers of those entering the profession, over 60% of all admissions in 2016 were women and the number was slightly higher for those beginning their period of recognised training (training contract to most of us).

It was only with the passing of the Sex Discrimination (Removal) Act in 1919 that women were even allowed to enter the legal profession. Agnes Twiston Hughes became the first woman to qualify as a solicitor in Wales in 1923.

There may be still some way to go but women have certainly made great strides in establishing themselves in the legal profession in the last 100 years.

This week (as I write), Cardiff and District Law Society is holding an Admissions Ceremony for solicitors who have qualified in the last 12 months.

We have senior members of the Cardiff judiciary attending along with several members of Council. It will be a lovely way to mark their admission to the profession and to welcome them into our legal community. However, I do wonder what sort of profession these new lawyers are joining and how many more changes are around the corner.

Most commentators seem to agree that the golden age for solicitors’ firms has passed. And yet the law remains as relevant as ever, if not more so. The change, particularly since the global recession which affected the economy

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so badly from 2008, is in the demand for better and cheaper legal services.

We face more competition and increased pressure on fees. Clients are better informed, in a large part due to the internet, and have less money to spend.

They demand better value for money from their lawyers. In turn, recruitment and retention of the best lawyers remains very competitive. Salaries continue to rise although not in all areas and firms have to look to increase their efficiency to continue to remain profitable.

Competition continues to come from new and sometimes unexpected directions. We may not yet have seen the establishment of so-called ‘Tesco law’ but the big four accountancy practices have firmly set their sights on some of the most lucrative areas of our practice. Calls for increased transparency from the Competition and Markets Authority and the SRA now sees us responding to proposals that seek to require solicitors publish certain price and service information on their websites. The SRA proposes significant deregulation of the market by allowing self-employed solicitors to provide reserved (and unreserved) legal services without needing to be a recognised sole practice and to allow solicitors to work in unregulated firms.

Technology comes into play and advances seem to be made on a daily basis. We are all used to seeing AI in the news with the threats that it will replace some, if not all of us. I don’t think lawyers are all going to be replaced by robots but we do need to consider the impact of technology.

At the moment we continue to provide fundamentally the same services as we have always done albeit with the development of specialist areas, but the way we provide those services is very different. Lawyers now touch type, amend their own documents, correspondence is by email and is instantaneous rather than waiting for a letter to arrive in the post, lawyers have to be contactable at all hours and so on. Technology is currently about assisting lawyers become more efficient, to reduce back office costs so those cost savings can be passed onto clients and we can better meet their needs and demands. That may be changing and the aim It is easy to become despondent in the face of continuing pressures.

However, as the old adage goes, adversity breeds success and we have the opportunity to embrace change and invest and innovate for our future and the future of those just embarking on their careers. It will be fascinating to see how we respond to these challenges. If only I could be sure I’d be around for the next 100 years to see where we get to... l Rachelle Sellek President OF THE Cardiff & District Law Society yourvoice@cardifflaw.org

PRESIDENT REPORTS

LOOKING AHEAD I am very much looking forward to my new role as President of the Monmouthshire Incorporated Law Society from January 2017 and have been very busy looking to secure sponsorship and additional benefits for our members!

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t has been a very busy time, having recently attended the National Local Law Societies Conference 2017 in London, hosted by The City of Westminster and Holborn Law Society on 9-10 November.

The annual conference was very informative, dealing with topical subjects such as the ever-increasing (and important) matter of cyber fraud/security and risks and insurance in this respect - GDPR and succession issues for practitioners, to name but a few. The conference was a very helpful forum for incoming regional law society Presidents, to help us understand the issues that could affect us, our members and even our clients! There were many sponsors in attendance, allowing me to make contacts and of course pick up a few freebies!

This conference is always a great opportunity to mix with other committee members of local law societies to share ideas and find out what works for their organisation in terms of attracting new members and offering them value added benefits.

The Drinks Reception on Thursday evening was well attended and took place at the Impressive Sky Bar at The Grange Hotel, London. The Gala Dinner on the Friday evening was very enjoyable, with a dazzling light show and an amazing performance by the Singing Waiters! Joe Egan, President of The Law Society of England and Wales and Guest Speaker John Sargeant were equally entertaining; a great night was had by all! Nehal Vasani, President of City of Westminster and Holborn Law Society and her team should be proud of the great success of the Event. I have picked up lots of tips for our own events and offerings for members so watch this space!

The 2018 annual regional law society conference will be hosted by Leicestershire Law Society. I’m looking forward to attending and MILS is considering making a bid to host the conference again in 2019.

The Monmouthshire Incorporated Law Society AGM will take place at 5.30pm on Wednesday 10 January 2018 at The Celtic Manor Resort. It would be good to see as many members there as possible. If you are interested in attending, please contact the Society (enquiries@monlawsoc.co.uk) so that we may have an indication of numbers for the event and the buffet.

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We are always looking for members to put themselves forward to be involved in the running of the Society so please do come along to ask questions of the committee if this is of interest to you. Don’t worry if you’ve not had previous experience of sitting on a committee, it’s your passion, ideas and support that we value.

We are working hard at seeking discounts for members in relation to the MILS Loyalty Card, that we plan to release in January 2018. The Loyalty Card will be valid until 31 December 2018 and all cards will be issued to members upon payment of the yearly subscription.

We have a Christmas Social Event planned on Wednesday 6 December at 5.30pm at MEAT in Bridge Street, Newport. The Meal will be subsidised for Members of the Society and we do hope many of you can make it. Please contact the Society (enquiries@monlawsoc.co.uk) if you are interested in attending, again we need to confirm numbers for the Restaurant. l Mel Bevan-Evans Vice-President Monmouthshire Incorporated Law Society

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REGULARS

chancery lane Once again I have prepared a sequence of short stories to let you know what I have got up to in the last couple of months, taking Chancery Lane as my theme.

David Lloyd George Room The naming ceremony for the David Lloyd George room in Chancery Lane took place on 26 September. The president and deputy vice president of the Law Society joined members of the George family, Welsh practitioners and members of the Wales committee for a very pleasant occasion. The profession in Wales can take pride in the fact that the most impressive meeting room in Chancery Lane is named after a Welsh solicitor.

Opening of the Legal Year in Wales Much to my surprise, I was invited to the Opening of the Legal Year in Wales service at Llandaff Cathedral on 8 October. I was invited to the service two years ago but that was because I was President of Cardiff and District Law Society at the time. I’m not now so was surprised by the invitation. It transpired that I was invited because I am a ‘dignitary’. Many words have been used to describe me over the years but ‘dignitary’ is not one of them. So I accepted the invitation with alacrity before HMCTS discovered their mistake.

More excitement followed. I was required to process with the judiciary and my fellow dignitaries. I retrieved my gown and tabs from the cloakroom in which they had languished for the past 25 years, discovered that I couldn’t get into my wing collar any longer, obeyed the instruction not to wear my sword and arrived at the cathedral in time to join the queue to enter the cathedral ahead of the Lord Chief Justice, Lord Lloyd Jones, Lord Justice Hickinbottom and at least a hundred genuine dignitaries. It was both a pleasure and an honour to join the procession. It was also a sign of the high regard in which the judiciary in Wales is held that the Lord Chief Justice spent the first Sunday of his tenure in Wales.

Education and training: SQE The next event for me was the education and training committee meeting on 18 October. The proposed Solicitors’ Qualifying Examination (SQE) is the chief preoccupation of the committee and it therefore dominated the meeting. I was heartened to learn that the Law Society has accepted my proposal that the SQE assessments must be held in Wales, and this is now Law Society policy. I hope we will be able to persuade the SRA to insert into their contract with the SQE Assessment Provider a provision which requires SQE assessments to be held in Wales every year. If this is done, it will reduce the cost and inconvenience to firms and individuals of taking the SQE assessments. My fear has been that since the profession in Wales is only 2.5% of the profession in England and Wales and the number of training contracts registered in Wales is only 2.5% of the total, the Assessment Provider, wishing to achieve economies of scale and keep its costs down, would hold the SQE assessments only in large cities in England.

Changes to governance for 2018 The first item on the agenda of the Law Society Council meeting on 26 October was the proposed changes to the Society’s governance. Council was updated on the progress to implement the Law Society Board and its two main supporting committees (Policy and Regulation Committee, and

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Membership and Operations Committee) in early 2018. A strong field of applicants has applied for the post of Board Chair and the Society expects to appoint the successful candidate at the December Council meeting.

Timetables for the election of council members to the new committees early in the New Year have been fixed.

The vexed question of the composition, size and representativeness of Council was also discussed. The Council Membership Committee has proposed a number of radical reforms to cut the size of council and make it more London-centric. These proposals met with hostility from council members and will have to be re-worked.

I had hoped to be able to write an article for this issue of Legal News inviting readers to put themselves forward to stand for election to the South Wales seat next spring. But I can’t - I don’t know what the constituency will be, so I cannot write an article explaining what the role entails. I doubt whether the size and composition of council will be resolved at the December meeting so I anticipate that it will not be until after the February meeting (and therefore the March issue of Legal News) that I can write the article.

Incidentally, don’t think I’m being uncharacteristically kind or impossibly arrogant in inviting competition for the next election. I am not standing for election again. I want to encourage people to stand to succeed me. I also want to let interested parties know how much time and work is involved so they can make informed decisions as to whether to stand for election or not. The time it is taking to resolve the size and composition of council (which is a navel-gazing exercise as it is not something that concerns most solicitors) prevents me from doing this.

Business plan and budget Council signed off the Law Society’s business plan and budget for 201718. The business plan recognises the difficult and unpredictable times that lie ahead, including the increasingly challenging market for many of our members, and uncertainties around Brexit and the impact of technology.

It also focuses on the need for internal changes if the Law Society is to become a genuinely member-focused organisation. That is why, in addition to preparing a business plan for the coming year, the Law Society has developed a five-year corporate plan. The vision and purpose of this plan is to be the voice of solicitors, driving excellence in the profession and safeguarding the rule of law.

Council also approved the SRA’s budget for 2017-18.

Political party conferences 2017 The Law Society hosted a number of events on Brexit and access to justice during the political party conferences in September and October, and shared platforms with leading figures including the Lord Chancellor, the Justice Minister, and the Solicitor General as well as a number of shadow spokespeople. In setting out his priorities at the Law Society’s event held at the Conservative Party conference, the Lord Chancellor emphasised the importance of continued market access and civil justice

co-operation after Brexit. He also discussed the ongoing programme of criminal justice and court and tribunal reform. At the Labour Party conference the Shadow Lord Chancellor praised the Law Society’s legal aid deserts campaign.

Miscellaneous support to the profession Following extensive lobbying by the Law Society and others, HMCTS deferred the flexible operating hours pilot until February 2018 to allow further engagement with court users and to conduct another tender exercise to choose an independent evaluator.

The Society responded to the SRA’s consultation on its draft corporate strategy. Among the points it made in its response, the Society stated that there was a need to demonstrate a clear case before introducing regulatory changes and that the SRA should focus on the quality of its decision-making as well as the speed with which it makes its decisions.

The Law Society has published guidance for the profession on the Money Laundering Regulations 2017 and on compliance with Part 3 of the Criminal Finances Act 2017, as well as a note prepared jointly with HM Land Registry on property registration fraud.

Lord Justice Pitchford I will finish on a sad note. Lord Justice Pitchford died of motor neurone disease on 18 October. Christopher Pitchford was a tenant at 30 Park Place, who took silk in 1987, before his appointment to the High Court bench in 2000. He served as Presiding Judge of the Wales and Chester Circuit from 2002 - 05 and he was appointed a Lord Justice of Appeal in 2010. It is an indication of the high regard in which he was held that Theresa May, then the Home Secretary, selected him to chair the Undercover Policing Inquiry in 2015. The legal profession in Wales mourns him. l David Dixon DixonD@cardiff.ac.uk Twitter: @saldixie

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FEATURES

working hard for the money More lawyers are working longer days than ever before - but are they happy?

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e recently published our Longest Day research. By analysing the number of extra-contractual hours worked by legal professionals, it allowed us to pinpoint any ‘pain points’ and developing trends.

The research offers several insights which give the sector food for thought – namely that more legal professionals than ever before are working extracontractual hours on a regular basis. More than three quarters are working at least five additional hours every week – or 2.5 additional days every month.

Unsurprisingly, lawyers in London work the most extra hours at an average of nine per week, closely followed by those in Scotland who put in an additional six hours. Legal professionals in Wales have managed to strike a better balance, yet still work an average of 4 additional hours every week.

The additional hours quickly add up, leaving firms with one immediate point to consider - whether the regular extra-contractual work is impacting job satisfaction.

Are lawyers happy?

Most firms will breathe a sigh of relief to learn that, while working hours have undoubtedly increased for most legal professionals, the research doesn’t indicate a negative correlation between happiness and those working the longest hours – in fact, of those who are extremely happy in their roles, 82 per cent work beyond their contractual hours.

The research also showed that, while more lawyers than ever before are working longer days, the number of hours worked by each person is on a downward trajectory, suggesting that the workload is being shared more effectively.

It’s fair to say that most legal professionals are often incredibly ambitious and may well view long hours as par for the course – the research findings certainly support this theory, with 30% citing the reason for leaving their previous role as career progression, while 8% pursued an increase in salary. However this being said and ambitions aside, firms must not be complacent and fall into the trap of taking this for granted. The majority of those seeing their additional working hours creeping up are also most likely enjoying a host of benefits provided by their firm, whether that be a company car or allowance, financial bonus or extra holidays – it’s about finding a balance.

Firms must take the time to listen to what it is that people want, what they feel would provide the most benefit, while also understanding that expectations do change over time – our 2013 Salary and Benefits Benchmarker revealed a third of employees enjoyed above statutory holiday entitlement, which thereafter rose to two in five by 2015. Business leaders must make sure that their firms’ benefits package is keeping pace with their competitors’, regularly reviewing what is, and isn’t, important.

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While it’s positive to see that longer working hours don’t appear to be affecting happiness and job satisfaction, this doesn’t negate the value of investing in wellness and maintaining a good work-life balance. In addition, while there was no correlation between job satisfaction and working longer hours, the results of the survey did highlight work still to be done in the happiness stakes; 23% are unhappy in their current role, while 14% are indifferent.

The figures are particularly stark when it came to loyalty to the respondents’ current firm – only 44% said they are unlikely to leave within the next six months. With more than half either expressing an intention to find a new role or open to the possibility, firms have a challenge on their hands in terms of retaining their top talent and understanding what drives job satisfaction within their own organisation. While salaries and career progression are obvious drivers for moving on, firms must consider the wider package they are offering their team – are the benefits up to scratch? Are salaries on a par with or below industry averages? Is company culture a positive one?

Culture plays such an important role in the workplace and should be managed carefully within a law firm –for example while 93 per cent of partners and business leaders work additional hours (perhaps unsurprising and to some extent unavoidable given their level of responsibility) care should be taken to ensure that it isn’t viewed by more junior colleagues as an expectation, avoiding presenteeism becoming part of the company ethos, particularly in smaller firms.

It is also important to ensure that perceived long hours, lack of family time and poor work-life balance aren’t dissuading the younger members of the industry from pursuing leadership ambitions – a third of those we surveyed said they currently have no interest in aspiring to be a partner, manager or business leader at any point during their career. 15% stated the reason as stress and additional responsibilities, 20% are concerned about maintaining a work-life balance and 4% are worried by a lack of flexible working opportunities.

In summary, while a great deal of progress has been made within the legal profession in recent years around work-life balance and flexible working, there is still work to do to ensure that lawyers are happy in their roles – while we’re on the right track, firms must continue to have an eye on wellbeing and job satisfaction and make sure their benefits package is hitting the spot.

Reward all that hard work and don’t take it for granted – the only sure-fire way to prevent talented, ambitious professionals from looking elsewhere. l Kathryn Riley, Managing Director, Douglas Scott

FEATURES

Newly Qualified Solicitor Admissions Ceremony a huge success!

Our 2017 Admissions Ceremony to welcome recently qualified lawyers into the profession was held on 15 November in the Main Hall of Cardiff Crown Court.

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ur President, Rachelle Sellek led proceedings with senior members of the judiciary also attending. Her Honour Eleri Rees, Recorder and Senior Judge at Cardiff Crown Court and His Honour Robert Harrison, Senior Circuit Judge and Designated Civil Judge, Wales were resplendent in their ceremonial gowns and we were very grateful for them giving up their time. It was also excellent to see so many representatives from Council attend.

Rachelle Sellek gave a welcoming address followed

by His Honour Robert Harrison. Both emphasised the achievements of those who have just qualified. The recipients came up to collect their certificates and have their photographs taken with the judges and the President. Definitely one for the family albums! Her Honour Eleri Rees closed the official proceedings and encouraged the young lawyers to consider becoming a Judge in due course.

for sponsoring the reception. It was lovely to be able to chat to the new solicitors and their guests in a more relaxed atmosphere and the feedback from all was that it had been a very enjoyable occasion. One set of parents remarked that it had been so worthwhile travelling up from Carmarthen for the Ceremony. Given that parents provide so much support to their children it was pleasing to be able to include them in marking their achievements. Not all parents are able to attend The Law Society Admissions Ceremony in London and we were pleased to be able to invite them to Cardiff.

We wish all our newly qualified solicitors the very best for a long and successful career. l

Formalities were followed by a reception at 29 Park Place and we are grateful to Phoenix Legal Services

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FEATURES

Should rapists gain parental responsibility?

The ITV programme Loose Women faced a backlash last September from a poll entitled “is it ever a woman’s fault if she is raped?” The viewers’ response to the poll was 88% “no” and the help centre Rape Crisis unequivocally responded that rape is the fault of the rapist, no matter what the situation.

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all but 5 states these restrictions are dependent upon a conviction which in itself creates an issue; most rape cases in the US do not result in conviction.

As a paternity testing company who deals with the issues surrounding Parental Responsibility and on occasion has been required to help victims of this crime, the programme sparked a complex internal debate: The question posed was, “if a child is born as a result of a rape situation, should the biological father be able to claim any parental rights”?

In the case of rape conception, a woman may feel pressured to relieve herself from all reminders of the incident, although some women may suffer the trauma of the abortion longer than the trauma of the rape” according to US evidence(1). Fears of social rejection may also influence the mother’s decision and may also have a negative effect on the way people treat the child if they were to know of the circumstances of how the child was conceived.

his poll followed comments made in the Sunday Times by the Pretenders singer Chrissie Hynde, who said that victims have to “take responsibility”.

The complications are that: i) the mother may keep the rape conceived child, abort the pregnancy or place for adoption ii) there may or may not be a conviction for rape (due to genuine innocence or lack of evidence – which does not in itself imply unquestionable innocence) and iii) biological fatherhood may need to be proven by use of a DNA test. In the latter instance women may sometimes choose not to report the event and to have a DNA test to first see if the biological father is in fact their boyfriend or husband.

The moral reaction among our staff was clear, the man should not be allowed to have anything to do with the baby, the mother or her other family members. However, the man may wish to play a part in the upbringing of the child. It may also be that his family, such as the child’s paternal grandparents may also wish to have a role. It may be that the mother cannot properly care for the child and that despite the crime or alleged crime, the biological father can provide a stable family environment. Does he now have any right to be involved with the child?

In general, the UK courts take the view that each child has the right to know his/her biological father and the manner of the conception is not taken into account. It may well be that a convicted rapist may be able to claim Parental Responsibility for a child if he was/is for example married to the mother, makes a statutory declaration of parentage or gains a court order to that effect. There is nothing in UK law to prevent him doing so. This means that a victim could be in a position where she has to consider and/or accede to the wishes of the man who raped her when raising the child and it is the continual involvement and reminders through contact with this man that may have lasting emotional effects on the mother.

In the US there is much state by state case law regarding this issue and thirty one states have adopted legislation to restrict the parental rights of rapists, which includes a) allowing the mother to place the child for adoption without the consent of the father, b) limitation of visitation rights, c) limitation of visitation and custody and d) termination of all parental rights. However, in

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The right to Parental Responsibility is a fundamental right for a biological father but should not be considered absolute. In our opinion, there are wider psychological issues that must also be considered. l Ms Kate Donkin (Psychology Intern) Dr Neil Sullivan General Manager Both of Complement Genomics Ltd, trading as dadcheck®. www.dadcheckgold.com sales@dadcheckgold.com tel: 0191 543 6334 (1) Bitar, K. (2010). The Parental Rights of Rapists.

DUKE JOURNAL OF GENDER LAW & POLICY, 19, 275–302.

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Effective Legal Practice Management 2017 is the 10th anniversary of cpm21 starting to support the Legal Profession with the Management of their Firms.

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ver that time, we have worked with hundreds of solicitors’ firms. Many of those firms have applied for and obtained the Law Society’s LEXCEL Quality Mark. The Law Society’s strapline for LEXCEL is “Excellence in legal practice management and client care”.

Many firms have realised the benefits of improved client care and reduced risk with regard to handling client matters e.g. better AML and CDD procedures. However, very few have maximised the benefits of improved “legal practice management”.

For example, section 1.2 requires a firm to have a “Strategic Plan” which must include: a. objectives for at least the next 12 months b. the identification of resources required to meet the objectives c. the services the practice wishes to offer d. the client groups to be served e. how services will be delivered and marketed f. documented risk evaluation of objectives g. procedures for regular reporting on performance.

These are minimum requirements and firms sometimes take a token approach to ticking the boxes on a. to g.

To be “strategic” a plan really needs to look out 3-5 years ahead into the future. For example, firms should now be setting out their vision for 2020-2022. Adopting that horizon will force them to consider whether any partners intend to retire and what changes in legal service delivery are likely to be in place then. This gives the firm time to prepare for those changes e.g. looking for successors or potential mergers.

In looking at mergers or acquisitions, firms should consider: 1. Strategic FIT 2. Operational & Financial FIT 3. Cultural FIT If there is no FIT then the owners need to think long and hard before proceeding.

Once the strategy is settled then a firm must have in place REGULAR MONTHLY management meetings not only to comply with 1.2 g. above but to ensure that the business keeps on track to achieve its goals.

The meeting must have an agenda and an effective Chair. The discussions should be more than a discussion about Christmas Holidays and the photocopier.

The Strategic Objectives should be broken down into Key Performance Indicators (KPIs) and the Agenda should follow that list of KPIs. Here are some examples:

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Fee Income is typically the lifeblood of a legal firm. The KPIs and agenda should reflect this e.g.

Item 1 Fees Billed by Firm YTD v Objective (target) Item 2 Fees Billed by Department YTD v Objective (target) e.g.

Conveyancing Department Item 3 Fees Billed by Individual Fee Earner (target – as set out in their

annual appraisal) Efficiency should be on the agenda. One of the best measures of a fee earner’s efficiency remains chargeable hours. Firms that do fixed fee work have tended to drop this measure to their cost as they generally have little idea how much it costs them to do the work. Each fee earner should have an hourly “Expense of Time Hourly Rate” calculated using the costs of running the firm/department. A minimum, chargeable hours - per day expectation should again have been set out in the fee earner’s annual appraisal, typically 5 or 6 chargeable hours per day. The Management Team Agenda should therefore have an item as follows: Item 4 Chargeable Hours Achieved by Fee Earner v Target Firm’s often only find out there is a problem with a Fee Earner’s work when there is a major complaint or after a fee earner has left and their work is taken over by someone else. The reason for this is that they do not take File Reviews and Supervision seriously. They do their file reviews reluctantly and not regularly. They take a “tick box” approach to just get it done. Shoddy or incompetent work can do major damage to a firm’s brand and reputation.

File Reviews should be done properly and regularly. The File Reviewer should select the files at random – not the fee earner being reviewed producing their “better” files for review. It is an SRA requirement that a firm sample checks all categories of work it conducts. There should be some Quality KPIs on the agenda: Item 5

Item 6

File Reviews: Have all file reviews been done this month – if no then why not?

What are the results telling us about the quality of individual fee earner’s files?

Finally, firms should not forget PROFIT. Item 7 PROFIT by Department YTD Item 8 PROFIT of FIRM YTD Item 9 PROFIT per Owner/Partner (after notional salaries) Is your firm well-managed as we enter 2018 or do you need help? l Wayne Williams LLB. MBA. Cpm21 Ltd

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Costs Budgeting: ignore at your peril!

Has it really been over four years since the Jackson reforms were introduced? Budgeting is now an established part of the lives of every practitioner who deals with multi-track litigation and the most obvious question to ask is: is it working?

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n my opinion it is provided the profession treats it with the appropriate respect. When first introduced in April 2013 considerable panic ensued as the profession struggled with the unknown consequences of not dealing with it. We are all familiar with the decision in late 2013 – Mitchell v News Group Newspapers [2013] EWCA Civ 1537 which sent shockwaves through the profession. This was an application for relief from sanction for failing to file the budget as ordered. This application failed spectacularly!

Around seven months later we were blessed with the judgment in the case of Denton v TH White Ltd [2014] EWCA Civ 906 that pulled the profession back from the ‘Mitchell’ precipice.

Denton prescribed a three-part test: 1) Was the breach serious or significant?

2) What was the reason for the breach 3) The court will consider all of the circumstances of the case so as to enable it to deal with the application justly.

A degree of calm descended on the profession…

Scroll on three years and uncertainty is creeping back in. Gaining prominence are cases concluding and going through the assessment process and so we are focussing on CPR R3.18. In a nutshell the court will have regard to the receiving party’s last approved or agreed budgeted costs for each phase of the proceedings and will not depart from such approved or agreed budgeted costs unless satisfied that there is good reason to do so.

This is very much the developing area as parties are starting to flex their muscles to persuade the court that either the budget should be adhered to no matter what the level of costs now claimed in the bill or that the budget should be reduced if, for example, hourly rates have been reduced in respect of incurred costs or that there is now some good reason to depart from the budget. This is the new battle ground and unsurprisingly decisions are coming in all over the place as often the reasons advanced are very case specific. The parties are not helped as guidance was not forthcoming when the rules were finalised.

Parties are expected to file and exchange their budgets for approval between themselves or agreement by the Court. There is still some confusion as to whether the budget is to be filed at DQ stage or 21 days before the first CCMC. CPR R3.13 sets out the position.

Parties are expected to discuss the budgets (R3.13[2]) and record on Precedent R their positions and whether any phases have been agreed. This helps the court to know what remains in dispute at the hearing. This is an important part of the process and not a game, something the court found had happened in Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC). The Defendant was essentially playing games with the process by setting their budget at an unrealistically low level and trying to use that as a reason to reduce the Claimant’s budget. In a word – don’t!

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Once agreed or approved by the court at the CCMC a Costs Management Order will be made. At this point the budget is effectively ‘locked in’ and the court will control the parties’ spend going forwards based on this document.

To find out whether you are a ‘Billy Joel’ or a ‘Gerry Rafferty’, read on.

So, a budget is in place and practitioners can get on with the litigation without further worry and without looking that document again. Wrong!

That’s the worst thing that you can do. Practice Direction 3E and in particular paragraph 7.2 explains why. The court expect parties to maintain the budgets, monitor and consider revisions if appropriate. Thus, as the case progresses, budgets should be regularly updated and any revisions should be re-filed.

Experience tells us that this is not happening anywhere near as much as it should. This means that there is significant danger of not recovering costs over and above those contained in the budget if there is an assessment because the court will only depart from the budget if there is good reason to do so.

Early judgments have been handed down. Merrix v Heart of England NHS Foundation Trust [2017] EWHC 346 (QB) and Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 being the first notable ones.

It is therefore vital that the first budget is accurate and maintained throughout. In which case you will be a ‘Billy Joel, Get it Right First Time’.

Make the mistake of getting it wrong and not maintaining it throughout you will be a ‘Gerry Rafferty, Get it Right Next Time’.

Are we any wiser? Yes. Ignore budgeting at your peril! l Stephen Averill Managing Director and member of the Cardiff & District Law Society Council