Birmingham Law Society Bulletin - NOV / DEC 2020

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

FLEXIBLE WORKING:

WHAT HAVE LAW FIRMS LEARNT? THE LEGAL

OMBUDSMAN: DOING A DIFFICULT JOB?

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THE LEGACY OF COAL MINING PRO BONO WEEK

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THIS ISSUE

ADVERTISE HERE UPCOMING EVENTS THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED

BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2020.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2020 - July 2021 President - Inez Brown - Harrison Clark Rickerbys Vice President - Stephanie Perraton Squire Patton Boggs (UK) LLP Deputy Vice President - Tony McDaid - No5 Chambers Hon. Secretaries - Stephanie Brownlees - Eden Legal Services LTD and Pardeep Lagha - Gateley The Board 2020/2021 Chair: Dee Kundi Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Finance Director: Ben Henry Director: Professor Luke Mason Director: Tony McDaid Ex Officio: Inez Brown Ex Officio: Linden Thomas Contact c/o Birmingham Law Society

BIRMINGHAM LAW SOCIETY MEMBER’S EVENTS AND WEBINARS

2nd November. Pro Bono week: A year of Pro Bono in Brum 10:30am - 11:30am 2nd November. Pro Bono week: Launch of Trainee Hackathon with Birmingham Trainee Solicitors’ Society 12:00pm - 1:00pm 4th November. Pro Bono Week:Virtual Roundtable discussion: Students: the vanguard of pro bono 12:00pm- 1:00pm 5th November. With Mazars: Advanced Accountancy Information 12:00pm-1:00pm 6th November. Pro Bono week: Hackathon Hackathon with Birmingham Trainee Solicitors’ Society final 12:00pm - 1:00pm 10th November. Raising Aspirations in Law event 5:30pm-7:30pm 10th November PEPS, Simplified CDD & enhanced CDD webinar with DG Legal 2:00pm - 2:20pm 11th November. Wesleyan: Building financial resilience 12:00pm-1:00pm 12th November. Wellbeing in the family courts – the future of working with COVID? 5:30pm – 6:30pm 19th November. With Mazars: Fraud and professional negligence, presented in conjunction with Andrew Charman of St Philips Chambers 12:00pm-1:00pm 19th November. Lunch Club with Andy Street 12:00pm – 1:00pm 23rd November. Coronavirus and Commercial Leases 1:00pm-2:00pm 26th November. Climate Change Webinar with Landmark 11:00am-12:00pm 26th November. In house Committee event with Law Society 18:00pm - 19:00pm 27th November. The Future of Legal Services Conference 10.00am - 3:30pm

1st December. Eliminate The ‘He Said/She Said’ – Improve Communication And Keep Parents Accountable In Moderate And High Conflict Cases 11am - 12:00pm 3rd December. Wine Tasting event 6.00pm - 7:30pm 15th April 2021. Legal Awards 6:45pm - 11:30pm 20th May 2021. President’s Dinner 6:45pm - 11:30pm For more information and to book your place visit www.birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

If you missed the Forum or wold like to re-watch any of the sessions, they will be available to you via forum. oosha.co.uk COVID19 Sadly the world continues to be plagued by COVID19. Although Birmingham was already placed in local lockdown, on 14 October 2020 we were put in Tier 2 lockdown, a high alert category. You are no longer allowed to meet people you don’t live with in any indoor setting - whether at home or, for example, a pub or restaurant - unless they are part of your support or childcare bubble. You may continue to mix with people outdoors (including in a garden or a park) but you must not meet in a group of more than six, and you must follow social distancing rules. Meeting in larger groups is against the law, and you can be fined up to £6,400.

PRESIDENT’S LETTER I am now three months into my virtual presidency and it has been a really busy three months. Two of the initiatives are now up and running:

BLS FIRST DIVERSITY INCLUSION SCHEME In keeping with Birmingham Law Society’s commitment to social mobility together with supporting greater diversity and access to the legal profession, I am pleased to announce that on 4th October 2020 two successful candidates were offered a scholarship to study the LPC at University of Law and University of Wolverhampton.

Harrison Clark Rickerbys and Gateley Legal will provide mentoring, work experience and a place on their vacation scheme. In addition, the students will be supported by Pinsent Masons who will provide virtual work experience.

LAW & TECHNOLOGY On 6th – 8th October 2020 BLS ran its first 3 day Legal Tech Virtual Forum in partnership with Oosha Ltd. bringing together a collection of the leading voices from both the legal and legal tech sectors to share their thoughts and experiences with those looking to understand how technology is changing the legal sector or how to get transformative 4 www.birminghamlawsociety.co.uk

initiatives involving technology moving in their firms.

I believe that technology is really important to the legal sector and agree with Richard Susskind OBE, President of the Society for Computers and Law, Strategy and Technology Adviser to the Lord Chief Justice, and Chair of the Advisory Board of the Oxford Internet Institute when he said that “the legal world is going to change more in the next 20 years than it has in the past two centuries and the pace of change is accelerating…..In part I have learned, as always from my law firm clients, each of whom has been powering ahead, embracing alternative labour models as well as new technologies” My message to all lawyers is that this digital transformation talk is not an abstract concept – it’s happening now, and firms need to keep pace.

There was a brilliant line up of speakers who focused on: Day 1 - the overall challenge of digitalising law firms; Day 2 – understanding the nitty gritty of IT strategy; Day 3 - getting innovation moving

The Government advice is that you should work at home if possible. If you cannot do this, you can return to your workplace but your employer must make arrangements for you to work safely.

This local lockdown is obviously creating further difficulties for firms who would like to return to some sort of normality by staff returning to the office. However, it is really important that we keep safe and work collaboratively to protect each other. At the same time we need to ensure that we continue to provide a professional service to our clients during these uncertain times.

I can assure you that Birmingham Law Society will continue to update its COVID19 page on a regular basis as we endeavour to keep you updated on the government changes as they happen.

I am pleased to confirm that our committees continue to function in order to ensure that members are kept up to date on any changes in the different sectors. I would also like to thank members for continuing to work with Birmingham Law Society to respond to a number of consultations in relation to crime; dispute resolution; employment; legal aid and EU law.

Inez M. Brown.

PRO BONO WEEK DONE VIRTUALLY

run in conjunction with Birmingham Trainee Solicitors’ Society (BTSS), will see Birmingham’s Trainees come together to ‘hack’ a solution to the following problem: ‘how can Trainees get involved with pro bono?’ On the Committee, we are frequently faced with the situation where there are service providers in need of volunteers on the one hand and Trainees willing to volunteer on the other hand. However, there are obstacles to overcome in enabling Trainees to assist with pro bono initiatives. How do we resolve this? After the launch on Monday, the Hackathon teams will have the rest of the week to prepare a solution to this problem before presenting to a panel on the Friday of that week. Any viable ideas will be taken forward with the assistance of the Committee. We, therefore, do encourage as many Trainees across Birmingham to get involved as possible, as you could make a real difference to the provision of pro bono support and advice.

Pro Bono Week will take place this year between 2 - 6 November 2020; with its overarching theme being “Pro bono: Through the pandemic and beyond”.

Pro bono in its most basic form involves providing legal support free of charge to the community’s most vulnerable people, who are often those that need the assistance the most but are the least able to afford it. This year has been difficult for many, with an increase in job losses and those being placed into financial difficulty.

Support services have seen a surge in demand for pro bono legal assistance; particularly across areas such as employment, family law and housing law.

Support services and free legal advice clinics have had to rapidly adapt their way of working in the delivery of advice to ensure the safety of their clients and volunteers, with a lot of services being offered virtually. The way in which we work across the legal sector generally has been dramatically propelled into a new era of working with virtual and home working becoming the norm.

Pro Bono Week provides an important opportunity to highlight the increasing demand for the provision of free legal advice and our role in how we can

increase greater access to justice. The Birmingham Law Society Pro Bono Committee (‘the Committee’) invites you to join us in exploring some of the issues surrounding the provision of pro bono in Birmingham as well as celebrating successes.

PRO BONO WEEK EVENTS – AN INVITATION This year, in light of the current pandemic, the Committee will be celebrating in a more virtual way!

Throughout Pro Bono Week, there will be the opportunity to attend a number of virtual events, focusing on different topics surrounding the provision of pro bono in Birmingham. To kick off the week’s events, there will be a virtual session on ‘A year of pro bono in Brum’, where we will be taking a look back over the past year, celebrating successes, talking about lessons learned from the pandemic and thinking about what more we can do in 2021. This will be a great opportunity to reflect on your own involvement in pro bono throughout 2020 and see what else you could get involved in.

Also taking place on Monday 2 November, is the launch of Pro Bono Week’s Trainee Hackathon! This event,

A number of other events will be taking place throughout the week with speakers from law firms and support organisations alike. Look out for the invites to the sessions and do sign up! The events will be free to attend, although we ask that you consider making a donation to the Midland Legal Support Trust via the Committee’s fundraising page (the link will feature on your invites). If you are unable to attend the events, please consider donating and helping support the wonderful work organisations across Birmingham (and the West Midlands more generally) are doing.

SOCIAL MEDIA POSTS The Birmingham Pro Bono Network, which is run in conjunction with the Committee, will also be sending out Tweets throughout the month of November starting with ‘pro bono is…’ or ‘pro bono means to me…’, in order to raise awareness of pro bono and increase understanding. If you would like to contribute a tweet to this initiative, feel free to contact the Network via Twitter @ BrumProBono.

If you have any questions about the events going on in Pro Bono Week or would like to know more about how you can get involved with pro bono initiatives in Birmingham, please contact the Pro Bono Committee on pbcommittee@ lawsociety.co.uk.

Rachel Sutcliffe on behalf of the Birmingham Law Society Pro Bono Committee

www.birminghamlawsociety.co.uk 5

NEWS

APPRENTICES SUCCESS AT NATIONAL PARALEGAL AWARDS fellow paralegal apprentice Aimee Haden was Highly Commended in the ‘Paralegal of the Year’ and ‘Best Conveyancing Paralegal’ categories.

Paralegal apprentice Michelle Blackwell was named ‘Paralegal of the Year (Midlands/North)’ at the virtual ceremony. Michelle is a former winner of the ‘Higher or Degree Apprenticeship of the Year (West Midlands)’ title in the National Apprenticeship Awards and winner of the (‘CILEx’) Apprentice of the Year award.

The National Paralegal Awards recognise the best apprentices and paralegals in the profession and

Michelle and Aimee are based at Bevan Brittan’s Birmingham office, where they are working towards becoming fully qualified solicitors.

Both have also been shortlisted for ‘Apprentice of the Year 2020’ at the Birmingham Law Society Awards, now due to take place in April 2021.

The firm is currently supporting nine apprentices across its four offices. Trainees are provided valuable hands-on experience of legal work while studying for their Paralegal Level 4 qualification. Most apprentices also study for their Level 6 Chartered Legal Executive Apprenticeship or the Level 7 Solicitor Apprenticeship.

HIGGS & SONS NAMED AS SPINAL INJURIES ASSOCIATION PARTNER Alongside one other partner, Higgs & Sons has been selected to support The Spinal Injuries Association (SIA) as its Trusted Legal Partner in the West Midlands region.

Higgs & Sons’ clients with spinal cord injuries will enjoy a number of benefits, including access to SIA’s support network which includes a team of spinal cord injury peers, specialist nurses, trained counsellors and an advocacy team.

People with the injuries will also be signposted to access Higgs & Sons’ specialist legal support.

As well as providing advice if there is a legal claim as a result of injuries sustained or substandard medical 6 www.birminghamlawsociety.co.uk

An innovative venture supported by Irwin Mitchell aimed at securing the survival of independent grassroots music venues across the UK has announced the latest artists set to perform gigs in aid of the project.

Launched in August with support from bands including Mercury Prize and Brit Award winners Elbow, Passport: Back to Our Roots has already raised over £75,000 for venues struggling due to Covid-19.

Synth Pop legends, Pet Shop Boys are among the latest big names announced for forthcoming campaigns raising money for grassroots venues together with Brit Award and Ivor Novello Award winning singer – songwriter KT Tunstall, who will play two exclusive gigs – one in her home county of Fife and another in London.

The partnership will provide huge benefits to those in the area affected by spinal cord injury, as well as their family and friends.

Andy Shaw, Partner and Head of Personal Injury and Clinical Negligence at Higgs & Sons, said: “We’re honoured to be working with SIA as one of its Trusted Legal Partners for the West Midlands region. Our major trauma and clinical negligence teams are passionate about helping those affected by spinal cord injuries.”

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intervention, the wider Higgs team will be on hand to support holistically with other legal issues that arise, including supporting with the purchase of single level accommodation, dealing with matrimonial issues or employment concerns.

It means people with spinal cord injuries can access Higgs & Sons’ services as a ‘one-stop shop’ rather than engaging with numerous legal service providers. Higgs & Sons will also support SIA with fundraising activities. All SIA legal partners have met strict criteria and must have proven experience in handling catastrophic injury claims.

Members of the public who choose to be entered into the draws can win passes for themselves and a guest to one of the five new gigs announced and help to raise much needed funds for those venues struggling to survive post Covid-19 along the way.

A £5 minimum donation will enter fans into the prize draw to win entry for themselves and a guest to their chosen gig. Funds raised will directly support both the individual venue and the Music Venue Trust Crisis Fund.

The specialist media and entertainment team at Irwin Mitchell is supporting the initiative with contractual, commercial and regulatory legal advice to Inner City Music, the charity behind Band on the Wall.

For more information visit: www. crowdfunder.co.uk/passport-backto-our-roots

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NEWS

NALP ANNOUNCES NEW ADDITION TO ITS BOARD NALP, the National Association of Licensed Paralegals, has appointed Chantal Cooke to its Board of Directors joining CEO Amanda Hamilton and Director of Compliance & Regulation, Jane Robson.

Chantal Cooke is an award-winning journalist, co-founder of PASSION for the PLANET radio, and CEO of boutique PR company, Panpathic Communications. She already sits on NALP’s Governing Board, a position she has held for the last two years. She will retain this alongside her new role on the Board of Directors.

“I’ve loved working with Amanda, Jane and the NALP team over the last few years and have enjoyed making a contribution to the wider business. It is clear that paralegals, and the profession as a whole, deserves greater recognition, and I hope I can contribute to making that a reality.” said Chantal Cooke.

“We’ve worked with Chantal for three years in her capacity as our

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PR agent and have been really impressed with her skills, knowledge and work ethic. We soon found ourselves turning to her to ask her opinion on issues outside her direct PR remit as we valued her practical, down-to-earth approach to challenges.” Said Amanda Hamilton, CEO of NALP. In the coming months, NALP will continue to work to increase awareness of the paralegal profession, while also supporting its members to further their legal careers and ensuring affordable legal help is available to everyone.

VWV PARTNER RECOGNISED AS LEGAL INFLUENCER Lexology's legal influencers programme "recognises firms and authors that provide excellent content within a work area and region". Shivaji has been awarded this title for his useful and insightful contribution to Lexology's content.

Shivaji Shiva, a charity law specialist at award-winning law firm VWV, has been recognised with the title 'Legal Influencer'

by Lexology, an online service providing global legal updates, articles and analysis.

IN THE LAST ISSUE In the last issue we ran an incorrect version of an article by the Private Client Committee. This article was written by the committee’s New Chair - Ian Bond, head of the Wills & Estates Department at Thursfields.

Apologies for the error, Ian. 8 www.birminghamlawsociety.co.uk

Shivaji joined VWV's Birmingham office in 2018. He works with charities of all kinds, from volunteer run, community based organisations, to charities operating nationally and internationally.

He has a particular reputation for advising religious charities on governance changes and the resolution of internal disputes.

The family team in Shakespeare Martineau’s Birmingham office has seen an uplift in requests for childcare arrangements allowing for equal care of children from separated families, following the acceleration of agile working.

As a result of the pandemic, with many roles no longer needing to be office-based, the homeworking effect seen by the pandemic has meant that children can spend more time with both parents, enabling “shared care” to truly mean “equal care” – a concept previously out of reach for many working parents, due to the practical constraints they faced day-to-day.

The firm has seen an increase in requests from parents wanting to alter existing arrangements as a reflection of their newfound flexibility, as well as the majority of new agreements taking a more equal footing from the start. In addition to an increase in amendments to childcare provisions, the pandemic has also seen an uplift in enquiries about postnuptial agreements and separations too.

Helen Bowns, family law partner in Shakespeare Martineau’s Birmingham office, said: “The pandemic has altered the way we live and work and thankfully, there are positive outcomes.”

The move from office to home-based working means children can more easily spend time with both parents.

“Many couples that have reached an agreement may now be prompted to revisit their current child arrangements to reflect their new ways of working. Active and equal involvement from both parents where possible is suggested for the benefit of the children, and we encourage separated couples to reflect on what arrangement is best for their children, in light of the new circumstances we are all living in. Now is the time to seize the opportunity to make positive changes” For more information, visit the family team at Shakespeare Martineau.

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NEWS

THE LEGAL TECH VIRTUAL FORUM: WHAT WE LEARNT

At the beginning of the month, we played host to the Birmingham Law Society’s very first Legal Tech Virtual Forum. Delivered as part of the President’s technology initiative, the event featured over 17 sessions and attracted more than 400 delegates across a jam-packed 3-day agenda.

In this article, we’re going to explore some of the key learnings from the event and highlight how you can access all of the sessions on-demand.

The pandemic has accelerated digital transformation Digital transformation isn’t new to the legal sector. However, the pandemic has acted as a catalyst, accelerating many firm’s digital transformation programmes. This was a common theme across many of the seminars, but was particularly clear in Derek Southall’s session LegalTech 4.0 – Areas to address now to outperform the market in a post-COVID world.

As the title suggests, Derek not only explores the drivers for digital transformation in the current climate, but also how you can adapt now to ensure you remain competitive postpandemic.

Your tech strategy should be informed by data In the digital age, your firm’s data should be the lifeblood of your business - informing decision-making and guiding your strategy. Alan Larkin from Family Law Partners explored how data can be used to identify opportunities for your firm in day one’s panel session “The evolution of legal service delivery”.

Similarly, Gerard Frith from Kemp Little emphasised the importance of data in his session “Our journey from traditional law firm to digital innovators”, saying: 10 www.birminghamlawsociety.co.uk

“Data is so critical. If you don't have data, one of the first pieces of digital transformation that has to be done is to get that data.”

CHAMBERS DIRECTOR RECEIVES FUTURE FACE OF LEGAL AWARD 2020

It’s not just about technology

James Farmer, Chambers Director of Cornwall Street Barristers has received the Future Face of Legal Award at the Greater Birmingham Chamber of Commerce Future Faces Awards.

Innovation isn’t just about technology.

Mapping your internal processes and designing your services can be just as transformational for your firm. This is the core theme of Sarah Blair’s session “Supporting innovation through service design”, where she’s joined by Katie Murrie to explore the basic principles of Service Design methodology and how it can be used to support your innovation efforts.

Get the basics right Having the right technology basics in place is a critical foundation for innovation and digital transformation.

Our very own Matthew Newton discusses this at several points throughout the forum - exploring how outsourcing some, or all of your IT infrastructure can free up your internal teams to focus on driving change, rather than simply “keeping the lights on”.

Matt explores a critical part of your firm’s IT infrastructure in “Public, Private or Hybrid Cloud?” - where he looks at all of the different cloud options a firm can choose to deploy, and which are best suited to different situations.

This is just a snapshot of some of the insights shared during the Legal Tech Virtual Forum 2020, there’s plenty more to learn in the full library of ondemand sessions. So if you missed the event, would like to watch again, or share with your colleagues, you can register for access to the recordings at forum.oosha.co.uk.

The awards, which were attended virtually in September, are intended to bring together the best of Birmingham’s young professionals in order to network, professionally develop and recognise future leaders.

Chambers Director James Farmer said: “I am truly honoured and thrilled to have won the award as the Future Face of Legal 2020, especially after being shortlisted alongside the fantastic candidates from Irwin Mitchell, Pinsent Masons, and Barker Brettell.”

The Future Faces Award is aimed at individuals under 35. James Farmer is the youngest Chambers Director running Cornwall Street Barristers based in Birmingham that has over 55 Barristers and 10 Members of staff across three offices. James was head hunted four years ago at the age of 28 and has grown turnover to over £4.4m. Prior to Covid-19 he was on track to turn over £5.1m this year – an increase of £1.5m in four years.

James Farmer said: “We have consistently churned out Judges with 7 Barristers having been made up to become Judges in the four years I have been there but the success of Chambers is not just down to me. It is a collective effort of all our staff and the members who practice from Chambers. If it was not for their support, hard work and dedication we would not be thriving.”

SCHOLARSHIP SUCCESS UNDER DIVERSITY INCLUSION SCHEME Two students are on their way to becoming solicitors, thanks to the diversity inclusion scheme set up by Inez Brown, president of Birmingham Law Society.

The scheme, which offers scholarships to two students who would not otherwise have been able to complete their Law Practice Course, has been supported by the University of Wolverhampton (the university Inez attended) and the University of Law. The scholarships, awarded to Drew Nelson from Birmingham and Sophie Murphy from Wolverhampton, will be accompanied by mentoring and support from HCR and from Gateley Legal LLP, with Pinsent Masons offering both a virtual internship. Mentoring will also be offered to Sharon Nelson, who impressed the selection panel with her determination and focus. Drew and Sophie have just started their post-graduate Law Practice Course.

Inez said: “Both Drew and Sophie started their courses this week and I am really delighted that we had such excellent

candidates. I wanted to support young people who, for a range of reasons, would not normally be able to afford to do their LPC – Government funding is available for their degrees, but there is no funding available for the LPC, so many people simply don’t go ahead.

“Both Drew and Sophie have overcome challenges of different kinds to get to this stage. Sharon too, who achieved a 2:2 in her degree in spite of her dyslexia, clearly deserved our support and I’m so glad that, with our partners, we can offer such excellent opportunities.”

Drew said: “After being awarded the scholarship, I was beyond elated. I was working two part-time jobs to self-fund the LPC in two years' time; the scholarship meant I could return to university this year, which was a relief.

to have received a scholarship. The initial news was extremely overwhelming. It has shown me that with hard work and determination, rewards and recognition will follow in the long run, and to never lose focus on your true ambitions.

“It is encouraging to see a law society invest in local youth. I am sincerely grateful to the Birmingham Law Society and am looking forward to what the future holds.”

“It is truly an amazing opportunity and I cannot wait to get involved in everything that it has to offer! I would like to thank Inez Brown and the interview panel for taking this chance on me; it is greatly appreciated.”

Sophie said: “I am absolutely honoured

70s QUIZ RAISES MONEY FOR CHILD BRAIN INJURY TRUST CBIT’s support is unique as we provide help, information and bring families together so that their lived experiences can bring hope and confidence to each other. Families are at the heart of our work with our ABI Coordinators supporting their needs. They are based across the country working in hospitals and in the community with strong links into education and social care.

The Child Brain Injury Trust is a national charity supporting over 5,000 families affected by childhood acquired brain injury every year across the UK. Our support reaches families in hospitals and communities with emotional and practical support when they are facing times of uncertainty and upheaval.

Broken bones and bruises will heal, but a brain injury is for life. This means for children and young people, whose brains are not fully developed things can be more intense and once the medical and therapeutic teams have discharged them, they may find themselves in a world where there is little understanding and life as they knew it is a distant memory.

2020 has been a challenging year for everyone, and our charity has faced many difficulties, with hospitals being under enormous pressure, and schools being closed. We have had to move our service online to provide vital support online. This has not been ideal, but it has proved to be effective and we have been able to utilise the power of social media in order to stay connected and to provide our specialist help when it has been most needed.

lots of disco divas and Jon Travolta’s. The effort everyone went to was fantastic and 6 rounds of questions led to a battle for the top spot. Over 40 teams participated with enthusiasm and rapport. The winning team was ‘Quizwas’, No5 Chambers. Second place went to ‘I am Smarticus’, Higgs and Sons. Best dressed team goes to ‘Boogie Knights’, Anthony Collins and Best dressed individual Natasha Alton, BTSS/Anthony Collins.

Special thanks to our Sponsors Landmark Information Group, 3PB Barristers and Wesleyan. Thank you to No5 Chambers and TM Lewin for donating the winning prizes.

Demand on our service is high and unfortunately our fundraising efforts have had to take a completely different turn too, but with the help of supporters and the Birmingham Law Society, we have been able to raise much needed funds. Albeit differently.

Inez Brown, President of the Birmingham Law Society 2020/21 and Trustee of our charity is working tirelessly to raise money for CBIT and we are so grateful to her and to the members for getting behind our charity in this difficult year. We are looking forward to Glow Week 26th October where everyone can upload their ‘glowing’ photos and help us to create a virtual ‘Glowall’ to raise awareness of being seen and not hurt when the days draw in and the evenings are darker.

The 70’s themed quiz which took place online on the 1st October was a fun packed evening of clever questions and great outfits. We saw David Bowie, Abba, glitter girls, punks and

Thank you to the Birmingham Law Society for their fantastic support we are delighted that you are working with us. Together we have raised £1165 at this event.

NEWS

WHAT HAS COVID-19 TAUGHT LAW FIRMS ABOUT FLEXIBLE WORKING? Firms are embracing technology more than ever before and accessing global messaging tools, encouraging one-toone coffee mornings with junior lawyers and hosting personal trainer and yoga sessions that lawyers can dial into and enjoy together.

The positive side of forced flexibility is that many law firms are now finding they have a better understanding of people’s lives and their personal circumstances in a way they would not have known before or even asked about.

As lockdown restrictions are beginning to ease, many in the legal sector are thinking about how and when to return to their offices and what the new “normal” will look like. There is also growing recognition that even after lockdown fades, lasting changes – from flexible working to lost jobs – will emerge.

Will the pandemic help change ingrained working practices? Law is a stressful, results-driven and competitive profession and many firms still have an inflexible, “always-on” work culture. But allowing more staff to work from home — even for part of the week — could help retain more people at senior levels.

Ian Biddle, Senior Financial Consultant at Wesleyan, specialist financial mutual for Lawyers looks at what this pandemic has taught his lawyer clients about flexible working.

Working from home for lawyers can be tough Lawyers’ mental health is taking a hit as a result of the coronavirus pandemic, with partners and associates feeling stressed and isolated.

According to LawCare, a UK legal mental health charity, calls about the effects of coronavirus have accounted for half of its helpline traffic since March 10. “One of the main things people are calling about is the pressure to go into the office. We even had one lawyer telling us that their family member had symptoms, but they were still forced go into the office,” says, Ann Charlton, Co-ordinator for LawCare. Others are dealing with anxiety connected to homeworking, she says. “Particularly 12 www.birminghamlawsociety.co.uk

Smaller and regional firms at the start of the pandemic were very much officebased operations with limited capability regarding remote access and so had quite a task on their hands upgrading IT systems. younger lawyers are feeling that they are on their own and haven’t got someone they can easily ask about things.”

Most solicitors — and particularly more junior lawyers — are used to working closely within a team, often under highpressure and close-knit conditions that can be difficult to replicate in a virtual world.

Supervision of apprentices and trainee lawyers is an issue for many firms now working from home. A senior partner from a large London firm said, “Transfer of knowledge continues to be an issue; ordinarily we would have been planning to take on more apprentices, paralegals, and trainees at this time of year, and we're not doing that this year, because we can't supervise them how we would like to and video conferencing is not the same as physically learning on the job in an office setting.”

How to get flexible working right Many large law firms already had the infrastructure in place for employees to work from home, making the move to doing so full time during the pandemic more straightforward. However remote working once or twice a week is very different from staying at home every single day.

So many companies had sorted the technology and business practicalities but less so the people implications.

Managing the impact on mental health when isolated needed to be looked at quickly by firms.

Many embraced this and asked partners to set up regular calls with teams and find out how people are managing. Video calls and video conferencing were rarely used before the pandemic but now they are part of making flexible working a success.

This short-term pain for these firms did payoff: “We are a medium-sized regional law firm and managing to get most of our staff working remotely in the first few weeks of lockdown was no mean feat. But it was worth it, and our new agile working model will be our ‘new normal’ going forward.” said one senior partner. “Our staff are happier with the flexibility of working hours and we have completely changed our agile working system to suit people’s personal circumstances with childcare for example. In fact, productivity and client relationships have had a positive impact because of these changes.

Many of our lawyers are seeing their clients more than ever before due to the ease of video conferencing and their relationships are growing stronger.”

Also, over the last few months a lot of law professionals have taken a good look at their homes and realised the need for more space as families working side-by-side is here to stay. Coronavirus has changed peoples homebuying priorities and many lawyers are looking to move or expand their current space to accommodate flexible working needs.

Many homebuyers rejoiced at the news of the cut to Stamp Duty in England and Northern Ireland and have speeded up this process.

Summary Long-term positive changes to flexible working will come from this pandemic and this will be an opportunity to discover new, more agile ways of working. There will always be a need for human interaction, and nothing will ever beat face-to-face contact in this profession but what the pandemic has shown is that flexibility can happen and the old culture of long and late nights in the office can be a thing of the past.

Mind racing?

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OPINION

INTERVIEW TECHNIQUES AND TIPS FOR GETTI Attending a job interview can be a daunting experience, which is hardly surprising when you are being examined under close scrutiny and often by more than just one person. But job interviews shouldn’t be terrifying. In fact, with some understanding of the process and some preparation, you could reduce your nerves and put yourself in the best position to shine writes Amanda Hamilton, CEO of National Association of Licenced Paralegals.

So, first, relax! Remember, you wouldn’t have got this far unless your qualifications and/or previous experience hadn’t already spoken for themselves.

Therefore, you should accept that you are there on merit just like everyone else who is being interviewed.

Secondly, it’s now down to whether your face ‘fits’ what they need and want. This may be something that’s completely out of your control since you don’t have a clue what they are looking for beyond what has already got you this far. Finally, because you can’t predict what they want, you need to be yourself and show off your personality and character.

It’s a bit like being an actor and going for an audition.

You may be an excellent actor, and you may have rehearsed your lines and perform a brilliant audition, but if your stature is wrong, or you are not the right age for the part, you will be turned down. That is down to the director and what she/he is looking for. You have no control over that decision. So, as a jobbing actor, you then go to the next audition. It’s the same for a 14 www.birminghamlawsociety.co.uk

paralegal looking for employment – if you are turned down, head for the next job interview.

Also, remember being turned down for an interview (or an audition, for that matter) should not be taken personally. As human beings we tend to get emotional about the rejection as it is perceived to be something wrong about ourselves, however, in the case of job interviews, that simply isn’t the case; it’s not personal.

During my time as an employer, I have interviewed many applicants. Let me tell you about one of my experiences. These were applicants going for a paralegal administrator’s role. We were looking for someone with legal training.

Applicant 1 - had a week to prepare for the interview and was currently working as a paralegal. She had not taken any care in how she looked nor in the clothes she wore. She entered the room and addressed me (her interviewer) as ‘Dear’. Having asked her whether she knew what we did, she shook her head. I gave her a brief synopsis of our organisation, at the end of which, I asked her if she had any questions. She answered by saying: ‘Yes. How much are you going to pay me Dear?’. I ushered her out of the interview room and said that we will let her know the outcome after we had finished interviewing all the applicants. A week later, I received a phone call from her asking once again how much we were going to pay her, at which point I said that we had decided not to employ her. End of call.

Applicant 2 - again, had a week to prepare for the interview. A law graduate, she came in, sat down, didn’t say anything. Her head was down and in answer to

8 TOP INTERVIEW TIPS: 1. Do your research. Look at the company website.

Who are their big clients? What areas of the law do they specialise in?

2. Prepare some sensible questions in advance. There must be things you’d like to know – after all, if you get offered the job, you need to know that accepting it is right for you. So, think carefully about what you need to know and write the questions down.

3. Interviewers usually make up their minds about you within the first 30 seconds of seeing you. So, make a good impression from the start. Dress appropriately, say good morning/afternoon, and make eye contact.

4. Eye contact enables an interviewer to perceive a great deal about who you are, so use it appropriately.

Staring hard and aggressively at the interviewer is as bad as avoiding eye contact altogether.

5. Make the interviewer’s job easier. Give them the information they need in your CV and covering letter and let your desire for the job shine through. By the time you get called for interview it should just be about ascertaining your character and personality and whether you are the right fit for the role and organisation.

ING A JOB AS A PARALEGAL my question whether she knew what our organisation did, she shook her head. After proceeding to give her a brief outline, I asked her whether she had any questions. She shook her head.

The interview was over.

Applicant 3 - a law graduate. He strutted into the interview room and lazily draped himself over the chair. He was not dressed appropriately. He did not acknowledge me in any way other than by saying ‘awlright’. The interview was over almost before it began although I went through the motions.

Applicant 4 - had no legal training but looked great. Had no office experience. However, she came across as very open about her lack of experience and being willing to learn very quickly. She had a great personality and had checked our website so was aware of what we did. She got the job.

Inevitably, the first three applicants failed in their ‘effort’ to gain employment. The first was inappropriate in every way. The second was ineffectual, and the third was downright arrogant.

The fourth was not what we thought we were looking for but was so open and eager to learn, and had done her preparatory work, that we changed our minds. She remains in our employ after five years and has become a senior member of staff.

What is learnt from this example?

Firstly: always dress for the part. I know this sounds old fashioned, but first impressions are important. Secondly: always do your research on the prospective employer and arm yourself with at least one question that indicates that you have done your homework. Thirdly: there is a fine line between confidence and arrogance and you need to be aware of the distinction.

Fourthly, be respectful, courteous and attentive.

6. Show your enthusiasm for the job. No one wants to employ someone who appears not to be bothered about getting the job! Employers are looking for people who are keen, enthusiastic, and have an energy for the role. That doesn’t mean you need to be jumping up and down with desire, but you do need to show that you truly want the job and you need to be able to explain, succinctly, why you want it.

7. Who you are, as a personality, is important for the interviewer; it will tip the balance between you and another candidate with similar (or perhaps better) qualifications and experience. Help make the interviewer feel comfortable. I know that sounds backwards, but if you can build rapport with the interviewer(s) and help them relax too, then you’re well on your way to getting the job.

8. If you fail to get the job, it’s not about you, but about the organisation, so move on. The right job is there for you. You just have to find it.

If you prepare properly and follow the tips above, you will put yourself in the best position to get the job. But remember, you are not right for every job and every job is not right for you.

So, if this isn’t the one – move on to the next.

ABOUT THE AUTHOR

Amanda Hamilton is Chief Executive of the National Association of Licenced Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England).

Through its Centres, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional. See: www.nationalparalegals.co.uk Twitter: @NALP_UK Facebook: /NationalAssocationsofLicensedParalegals/ LinkedIn - /amanda-hamilton-llb-hons-840a6a16/

OPINION

workings do not consolidate in the same way and the impact of these can continue for much longer, representing a continued present-day risk.

“The Coventry Colliery, which worked under the Coundon area of Coventry is a prime example. The area affected at the surface by mining activities is in fact much greater than the area of coal itself, which people are often unaware of. We call this the ‘Zone of Influence’ (ZOI) and determining the ZOI is a complex three-dimensional calculation based upon the depth and slope of the workings, together with the surface terrain. Due to the multiple angles, directions and depths often involved, it is not sufficient to simply create a ‘buffer’ around a mine.

“These complex calculations are important and take into account a huge amount of data, which enables us to assess ground stability risks associated with mining activities with a very high degree of accuracy.”

THE LEGACY OF COAL MINING In the summer, I read an article in the Observer newspaper that questioned whether we are facing the imminent end of Coal as an energy source in Britain writes Allie Parsons, Customer Success Consultant, Landmark Information

Looking back at where we have come from, UK coal production was around 70 million tonnes a year in the mid18th century and rose to a peak of just under 300 million tonnes by 1913 according to the UK Government figures. However usage of the fossil fuel has significantly dropped as residential use has largely ended and just eight million tonnes was reportedly used by UK industry last year, with only two million supplied from UK sources.

Today, UK mining is virtually wiped out, having fallen from 3,000 mines at the peak to just 13 now, and coal represents approximately five per cent of overall annual energy usage.

From the heights of the industrial era, coal production now leaves behind a significant and long-lasting legacy that will continue to have an impact on the country, well into the future. Ground stability poses a real hazard for properties located over or even near mine workings for decades to come.

Therefore, when transacting properties, it is important to consider

ground risks as part of any due diligence work. While the West Midlands is not necessarily known as having the country’s primary mining fields, with people instead pointing to Wales or Lancashire first, a great deal of mining activity took place across the whole region.

For example: the Coventry Colliery was situated in the village of Keresley, just east of the Ricoh Arena, which was active for over 70 years, finally closing in 1991; the Baggeridge Colliery in Sedgley is now the location of the Baggeridge Country Park following the mine’s closure back in the 1960s. It is reported that there were over 500 small scale pits located in and around the Black Country alone, leaving behind a honeycomb of underground tunnels, waterways and caverns, and hence hidden risk of impact on any properties in the vicinity.

I spoke to Phil Huddleston MRICS, a Director of PinPoint Coal Ltd and former Head of Mining Information at the Coal Authority to talk about what lawyers need to consider when undertaking ground stability due diligence on property transactions: “Mining coal below the ground can cause subsidence. With deep mining this lowering of the surface takes place over a relatively short period of time. This can manifest itself as tension or compression strains resulting in damage to buildings or quite simply a lowering of the surface and no damage at all. Shallower

Of course, much coal mining was a long time ago so we have to ask ‘what is the relevance today’? Within the area affected by these deep workings the number of properties damaged is not universal or consistent. What is known however is that nearly every property within the area shown has made a subsidence damage claim against British Coal.

Obtaining a Coal Mining Report enables prospective purchasers to be made aware of the risks and in this particular case to see whether there is any history of damage – including where a claim has been made, or even been rejected.

Continues Phil, “If the claim was accepted and repairs were carried out, it is suggested that you might want to commission a survey to check if the repairs are of an adequate standard. In addition, if compensation was paid instead of repairs, it is important to know why and what, if anything, was done in relation to the damage.”

The soon to be released Landmark Coal Mining Report – powered by PinPoint – will provide all the standard answers required by the Law Society together with (as appendices) additional information about mine entries and claims when they are reported. The reports are supported by professional opinion from a Chartered Minerals Surveyor.

While coal mining may be largely condemned to the history books, its after-effects leave behind a lasting legacy that certainly means it shall not be forgotten, and cannot be ignored. www.landmark.co.uk/landmark-legal

1. www.theguardian.com/environment/2020/aug/09/is-this-the-end-for-king-coal-in-britain. 2. www.gov.uk/government/statistical-data-sets/historical-coal-data-coal-production-availability-and-consumption

16 www.birminghamlawsociety.co.uk

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REGULATION REPORT

THE LEGAL OMBUDSMAN – DO WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS. During this unusual period whilst most of us have been working from home, clients have been grateful that the profession has continued to operate and provide vital legal services. Solicitor-client relationships seem to have become more harmonious with a “Dunkirk spirit” prevailing as everyone has strived to provide business as usual within the confines of the lockdown. One might be forgiven therefore for forgetting the existence of the Legal Ombudsman (the LeO”).

However, as we move towards the present trading conditions 18 www.birminghamlawsociety.co.uk

being regarded as normal, client expectations will no doubt rise once again to pre-Covid levels with a corresponding rise in complaints for the LeO. The LeO’s annual report published in September 2020 records that in 2019/2020 it accepted 6,425 new cases and concluded 6,384.

In 51% of cases the ombudsmen found unreasonable service and in 49% of cases it found reasonable service. Residential conveyancing (28%) topped the chart of the areas of law that attracted the most complaints followed by personal injury (15%), wills and probate (13%), family law (13%) and finally litigation (9%). Complaints were divided into delay/failure to progress (24%) failure to advise (24%)

poor communications (21%), cost (19%) and failure to follow instructions (13%).

Apart from the data highlights which tend not to change significantly from year to year and are interesting in themselves, there are useful case studies and guidance on complaints handling within the annual report which are helpful and can be adapted for in-house training for staff. As ever, the complaints tend to be not so much about legal knowledge but more about handling client expectations and delivering good customer service.

The LeO’s own customer service on the other hand has come in for criticism in recent times. The new incoming Chair Elizabeth Davies

the LeO service so as to reach out to so-called “silent sufferers” i.e. those who do not complain even though they are dissatisfied.

Dealing with complaints about poor service has never been an easy task.

A client who is not satisfied with the performance of his legal advisers and then not satisfied with their attempts at complaints handling does not necessarily arrive at the LeO’s door in a conciliatory frame of mind. So, surely, it would be preferable for the LeO to concentrate on doing a difficult job well rather than trying to add consumers of unregulated providers and “silent sufferers” to the long list of its own dissatisfied customers. The LeO may also have overlooked the fact that complaints by clients of legal services which are provided by solicitors employed by unregulated organisations will soon be arriving at the door.

Resources and priorities should be the key objectives here so that the LeO can put its own house in order before looking to resolve complaints against other organisations.

Whilst it is tempting to criticise the LeO, it can or should perform an important service which can enhance the reputation of the legal profession.

OING A DIFFICULT JOB? has admitted that the organisation needs to “rebuild confidence” with lawyers and with the public. She acknowledged that there were problems with staff motivation, recruitment, and retention as well as significant delays in resolving complaints.

Reviews on Trustpilot about the LeO customer service are unfavourable. The LeO scores one star out of five which is classed as bad. Complainants have not held back in condemning the LeO with comments such as“I didn’t even want to give them one star” “OMG, what a corrupt organisation” “It’s a pity there is no option for 0 stars” “Disgrace” To add to this sorry tale, the LeO has been forced to drop plans for a

21% budget increase so is working within a standstill budget. Increased pressure also comes from thousands of unresolved complaints which have piled up as Covid has affected the LeO’s operational performance.

Against this background of fundamental difficulties, the LeO has, surprisingly, not held back with new ideas and recommendations for the future. As well as the launch of a new website, its plans to ensure greater transparency include publishing the full decisions of the ombudsmen. More controversially, the LeO is concerned by the lack of redress available to consumers of unauthorised providers and would welcome being allowed to extend its reach to deal with complaints about unregulated firms. And, finally, on the shopping list, the incoming Chair has announced her support for extending

A satisfactory outcome to a complaint can leave a client accepting that mistakes had been made and that he had just instructed the wrong law firm on this occasion. An unsatisfactory outcome can leave a client with an unreasonable hatred for the profession and a penchant for posting outrageous comments on social media for many years to come. I know which option the legal profession would prefer.

With a new Chief Ombudsman and a new Chief Operating Officer at the helm, the LeO has the chance to move forward and improve but only if it is not diverted away from its key performance indicators. Actions not words are what are needed here for the benefit of all concerned.

Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms

www.birminghamlawsociety.co.uk 19

OPINION UPDATE FROM BIRMINGHAM CIVIL JUSTICE CENTRE (BCJC) On 14 October, Birmingham entered Tier 2 restrictions. This is yet another indication of the significant impact the Covid-19 pandemic continues to have on all of our lives. Maintaining access to justice is an ongoing challenge for our Court in these difficult and ever-changing times.

What follows is a brief update on the current position and some advance notice of future initiatives. I hope this will both inform you; and demonstrate the need for collaboration between the Court and its users, in the months ahead.

WHERE WE ARE NOW Our building continues to adapt to the public health requirements of the pandemic.

HMCTS staff who previously worked closely together in open-plan offices are now socially distanced. Some are working from the building but away from their usual workstation and separated from colleagues; others are working remotely from home; some are unable to work at all.

Communication with Court users and within the building is inevitably more difficult and time-consuming.

At the same time, the need for Court users to communicate with the Court has significantly increased. There is a perfect storm.

There are now many urgent applications to adjourn or vacate hearings because of a Covid-19 issue, for example.

Additional administrative work is generated by changes in the way 20 www.birminghamlawsociety.co.uk

judges are working – conducting remote or hybrid hearings wherever possible and consistent with the interests of justice.

The Court must process many more electronic bundles than previously; and must now obtain contact details from all hearing participants to facilitate remote hearings, for example.

Currently, there are 24 courtrooms available for face to face or hybrid hearings. These must meet the needs of Family and Civil Court users (including the Business and Property Court) and Tribunal users. It will be immediately obvious that courtroom capacity is much more limited than previously.

Listing is further complicated by there being maximum numbers of persons permitted in the building and in each courtroom to minimise risk to all. The courtroom allocated to a hearing will reflect the number of attendees notified to the Court. Changes at short notice can rarely be accommodated.

HOW YOU CAN HELP Parties and their legal representatives can assist the Court by doing their best to ensure that • all documents required for a hearing are filed together and promptly; • wherever possible, all of the contact data needed for remote connections for hearings are provided by a single point of contact – usually the claimant’s legal representatives (after conferring with the other side);

• accurate numbers of attendees are notified to the Court where the hearing is proceeding other than fully remotely (again through a single point of contact); • as always, that negotiations are conducted and issues narrowed as early and as extensively as possible – no facilities are available in the building for this purpose.

LOOKING FORWARD We are planning to list small claims track final hearings, only where all participants agree, on a Saturday over an eight-week period between 16 January and 6 March 2021. The success of this project will depend on the appetite of litigants and their legal representatives to attend court outside the usual working week. The impetus for the project is the current pressure on courtroom capacity.

We are working on improved technology for remote video hearings.

FINALLY, SOME CONGRATULATIONS We were all delighted to hear of the recent elevation of the Honourable Mrs Justice Stacey.

She will be greatly missed at BCFJC. Her immense contribution to the Court at a particularly difficult time is much appreciated.

I am sure that the Birmingham legal community joins me in congratulating and wishing her well in her new role.

Her Honour Judge Carmel Wall Acting Designated Civil Judge for Birmingham

but gave none of the substantive details.

United stated the value of the claim as an amount equal to that it considered likely the Slovenian authorities might impose. Dodika brought Part 8 proceedings and applied for summary judgment that United had not complied with the notice provision.

The United argued that the Dodika was aware of the investigation prior to the notice of claim, as various pieces of correspondence had been exchanged by the parties. United further argued that the notice of claim should be considered in light of that knowledge.

The judge rejected that argument, stating that the SPA required United to provide reasonable detail of the claim and it could not rely upon Dodika’s existing knowledge. The judge stated that as a minimum “a compliant notice would identify the particular warranty that was alleged to have been breached;… at least in general terms the notice would explain why it has been breached, with at least some sort of particularisation of the facts upon which such an allegation was based, and would give at least some sort of indication of what loss had been suffered as a result of the breach of warranty”.

PRACTICAL POINTS

SHARE PURCHASE AGREEMENTS: THE IMPORTANCE OF NOTICE CLAUSES As a matter of course share purchase agreements contain clauses about the notifying of claims. The norm is to see provision for the person(s) to be notified and the method by which notice should be given. It is also not unusual for the clause to set out the level of detail required for there to be a valid claim writes Kirsty White, Barrister, St Philips Chambers.

In the recent case of Dodika Ltd & Ors v United Luck Group Holdings Ltd [2020] EWHC 2101 the High Court determined that the buyer’s notice of claim did not fulfil the notice provisions and was therefore inadequate.

The SPA provided that “the rights of the

buyer in respect of: any… claim under the tax covenant shall be enforceable if the buyer gives written notice to the warrantors stating in reasonable detail the matter which give rise to such claim, the nature of such claim and (so far as reasonably practicable) the amount claimed in respect thereof on or before [a specified date]”.

The tax warranties in the SPA provided that in certain circumstances the Dodika Ltd (“Dodika”) would pay the costs of any tax liability. In its letter of claim the United Luck Group Holdings Ltd (“United”) gave notice of a tax investigation by the Slovenian authorities. The letter before claim was general in nature, informing Dodika of the existence of the enquiry

It seems obvious to say that a notice of claim should be drafted having first reviewed the notice clause and understanding the requirements of the same. Notice clauses are contractual requirements and the failure to observe the same can rarely be dismissed as a technicality that can be brushed aside. The law in relation to contractual interpretation and the well-known line of authorities including Arnold v Britton [2015] UKSC 36 will be applied when determining the meaning of the term. If the notice of claim does not comply with the clause then a claim stands liable to be struck out.

A clause requiring reasonable detail of the claim, as above, should give the recipient enough information to consider the merits of the claim and to take any necessary steps so as to properly respond to the claim, and notify any other relevant parties.

If there has been previous correspondence between the parties then that should be properly referenced, and possibly appended to the notice rather than a simple reference made.

Equally if you are responding to a notice of claim check the notice clause before delving further into the correspondence.

www.birminghamlawsociety.co.uk 21

OPINION HOME SWEET HOME – THE PROS & CONS OF WORKING FROM HOME In 2020 the government exhorted the nation variously to work from home, to return to the work place and then to go back home again.

Confusing isn’t it? writes Pam Kenworthy of DG Legal.

Despite the change in policy in August, few home workers returned to the office. Apparently, just over one-third of UK white-collar employees have returned to work since the lockdown, compared to almost three-quarters of staff in Europe, according to analysis from Morgan Stanley’s research unit Alphawise.

To me this was not a surprise. I have been based at home for the last 6 years and I can see that many people would have enjoyed the flexibility of working from their own space which involves no commuting, shorter working days and the opportunity to get out and exercise in the sunshine when it is nice. The improved work-life balance is a real plus. It does help however, if you are self-motivated, well organised and a completer finisher. Furthermore, for most employers keeping their staff safe would have been a greater imperative than getting them back into the office.

This complete change in normal working conditions would have been much more difficult to achieve without new technology and certainly it is important to have decent broadband. If like me, you work amidst rural loveliness losing your connection can be very frustrating. I used to have to go to a local café to get a decent signal but during lock-down this was not an option so I splashed the cash and got mobile broad band which has made a massive difference.

We’ve all become proficient on Zoom and Teams and I suspect that IT skills have developed a pace across the country.

The experience will have been more difficult for those 22 www.birminghamlawsociety.co.uk

with small children at home who were missing out on interaction with their friends and the structure that school or nursery provides. I take my hat off to them all. I suspect that they all breathed a sigh of relief in September despite all the concerns about returning to Covid secure environments.

On top of the suitability of home surroundings in which to carry out your work, some individuals will have struggled due to the lack of interaction with colleagues. The new ways of working have undermined the informal lines of communication that were previously a strong feature of many a company culture. The internal communication has just been lost. There is no doubt that day to day informal support or supervision on tricky issues is key in the development of young lawyers. However, at least you know that your boss is in!

Keeping staff motivated and focussed has been important and a challenge for firms who would have been acutely aware of reduced mental well-being amongst employees. This means keeping in touch sessions have become so important but are very easily achieved through Zoom and Teams.

Equally managing performance-related issues and monitoring staff performance is not straight forward when working remotely. So, the setting of clear targets and expectations accompanied by regular reinforcement has never been more important.

I suspect many employers who spent decades thinking that home working was not a realistic option when their female staff requested some flexibility, now realise that it can be a successful way to work.

There is little doubt that home-working is here to stay and firms would be well advised to consider formalising their procedures for the new normal and to be ready for the next lock-down.

SUPPORTING LEADERS & DEVELOPING SKILLS Property put it: “The online programme hosted

by Common Purpose was an absolute lifesaver – it brought together a community of professionals at a time when we were facing the same life-altering situations, the same intense pressures, but a multitude of different work and personal challenges. I enjoyed the course immensely and over the past eight weeks I have developed leaps and bounds.”

We’re delighted, once again, to be supporting Birmingham Law Society and the winner of the Law Partner of the Year award will get a place on our next senior leaders programme.

Here’s what last year’s prize winner Nick Green, Partner, Squire Patton Boggs said about his experience:

“If ever there was a time for supporting leaders – it’s now” writes Louise Teboul, Operations Director, Common Purpose UK At Common Purpose, we’ve been working with diverse, cross-sector leaders for over 30 years, bringing them together to learn from, and with each other, through real-life, honest conversations about the challenges of leadership.

Over those 30 years over work has developed and changed, but it has always been fundamentally about supporting people to be more effective, better leaders, in both their organizations and the places they live and work in. We do this by creating a safe environment where individuals can challenge themselves and cross boundaries – whether that’s the boundaries of sector, ways of thinking, faith, geography or culture.

We’ve always focused on leading change and collaboration and it’s always had an impact, with people

forging bonds that last many years after their programmes, but now, more than ever, we believe we need to support leaders to be agile, lead people and solve complex problems. And all of this needs to be achieved against the current context of on-going uncertainty, when none of us know what’s going to happen in the future, let alone next month!

Like many organisations we adapted the way we work back in March, moving from a face-to-face programme, with 30 cross-sector leaders one week to completing the programme virtually. For years we’ve been delivering ‘blended’ learning, but we took the decision to create a new virtual programme – to see us through the current Covid-19 challenges. In hindsight it was the right decision, but none of us 100% knew that, at the time.

We have now developed new, real-time, virtual leadership programmes for both senior and emerging leaders. Both focus on connecting cross-

sector, diverse peers to learn from, and with each other, and are about engagement, not lectures or webinars. We have inspiring and thoughtprovoking contributors, who share their leadership insights, in a confidential honest, open way and there’s lots of opportunity to question, discuss and engage.

We’ve also taken advantage of the benefits that virtual learning can bring – alongside local cohorts, the programmes across the UK join other participant groups from South Africa, India, Hong Kong and Ireland for even more diversity.

In addition, we’ve developed an app – to help track the insights/learnings from the programme and a CrossBoundary Leadership Index tool.

We’re confident that this programme can help leaders develop the skills they need at one of the most challenging, uncertain and pivotal points in their careers. We found this earlier this year with our senior leaders programme - as Nicola FleetMilne, CEO, FleetMilne

“I thoroughly enjoyed taking part in Common Purpose and found this quite simply the best course I have ever been on.

It was is very well organized and thought-out and brings together a great group of people from a huge range of backgrounds and outlooks and challenges everyone to work together both to problem solve and also to see issues from a different perspective. Over the different modules we had the opportunity to hear from some inspiring people and learn more about other businesses and institutions that you wouldn’t otherwise have seen.”

Louise concludes: “Leadership can be a lonely place, especially right now, and I don’t think it can be learnt from a book, but having a diverse group of contributors, and peers, to support you in your leadership challenges and journey can be hugely beneficial.”

If you would like to find out more about the Common Purpose programme, visit www.commonpurpose.org/ leadership-programmes/ the-common-purposeprogramme/ or contact Louise Teboul at louise. teboul@commonpurpose.org.uk

www.birminghamlawsociety.co.uk 23

OPINION

SELLING PROBATE PROPERTY ... FOR FREE! … KEEP THE INHERITANCE, IN THE ESTATE! • We maximise the opportunity to achieve full market value or more • Circumvent typical single agent, 20- week (or similar) exclusivity contracts • Drive local agents in a competitive process • Represent cost savings that the

executor is able to present to the estate and its beneficiaries Managing probate property can be time consuming Managing a portfolio of probate property on behalf of your clients is both time consuming and involved.

There is a new way to sell probate property, without the estate bearing any of the selling fees and with no risk of the service being a gimmick or subject to hidden terms.

Protecting the integrity of inheritance in an estate is a priority for any executor and in any typical probate property sale, the estate will pay the fees of the selling agent which in turn will impact the final inheritance amount.

But …what if you could sell probate property without incurring any fees?

We have an introduced a new way of selling probate property where the selling fee becomes the obligation of the buyer, a buyer’s premium.

In our Zero Fee Open House service you, and your client, will not be subject to any fees and we will continue to deliver the great service that: • typically delivers a sale in half the time of traditional methods • whilst achieving full market value or more • at zero selling fee • protect the integrity of the inheritance This is a great way to continue to deliver probate services to your client and capitalise on the enthusiasm of the potential buyer.

Zero Fee Open House Service Our Zero Fee Open House service has been designed to garner interest, seen through to offers, in a quick space of time. Far from sacrificing the final value at the whim of the quick process the mechanism normally achieves full or above asking value.

24 www.birminghamlawsociety.co.uk

So how does it work …

We hold several open day events at the property to attract interested parties. These events tend to generate great interest which in turn generates competitive bids, which typically meet or exceed market value, all in a short space of time.

What’s more, the fee of the service is picked up by the buyer, in a form traditionally associated with auctions.

By managing the marketing of the property, generating strong interest from parties in a good position for purchase and operating a buyer’s premium we are able to offer great solutions for busy executors managing an estate on behalf of their beneficiaries.

We know that part of the frustration when selling property can be the amount of time taken up with dealing with all the various parties involved.

Whether it's a local estate agent, the firm carrying out the EPC or getting the surveys done, it all takes time for the executor.

Saving you time and money on traditional property sales In our experience different types of properties require different methods to maximise their value at sale.

One route for selling probate property is the traditional route of using local property professionals, estate agents, to market the property.

In this instance we manage local agents to drive interest in the property to generate interest towards achieving maximum market value. In doing this we bring the following benefits:

It will invariably entail not only the necessary legal preparations but also regular close management to ensure unoccupied probate property is protected and maintained to reduce vulnerability associated with its vacancy.

Equally, managing the sale process can be involved and require specialist approaches to the market to maximise value, especially where time is of the essence.

Keeping you in the driving seat No matter which route you choose we operate on a no-sale no-fee basis.

We don't tie you into a long contract or additional services we simply act in your best interests to sell probate property at market value, or higher.

We’ll use the best method that suits the circumstances of the estate and its beneficiaries and is the most efficient for the ultimate sale.

We are confident that we can help you in the sale of probate property and that our services will be of significant benefit to you. Not only in the sale itself but also in the value you are able to pass onto your client, and the workflow benefits to your departments.

About Executor Solutions Executor Solutions (ES) are a specialist property company working with law firms across the UK since 2015.

We focus on providing services that protect, maintain, value and market property to: • release your fee earning time • present a good account to your clients • present cost savings to the estate • maximise sale value Get in touch to find out more: info@exec-solutions.uk.com 0808 164 6390

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LAST WORD

COVID-19’S IMPACT: PRACTICE AREAS BY WORK TYPE using this time to get our affairs in order and plan for the future.

Reinforcing the upsurge is HM Courts and Tribunals Service who confirmed an influx of probate applications relating to coronavirus and Office of National Statistics (ONS) figures finding deaths from 7-13 September 2020 were 5.4% higher than the five-year average.

CONVEYANCING The upswing in matters is amongst its most apparent in conveyancing.

Here, daily new cases fell to around a third of normal levels in April, indicated by a 64% drop, due to the lockdown and mandated halts placed on property moves by our government, but this is now running at 49% above the benchmark.

Showing clear signs of recovery in the sector, legal activity in September bounced back to an average of 19% more than pre-Covid levels, according to the legal matters benchmarking tool, Quilldex writes Julian Bryan, Managing Director, Quill.

At its lowest point, Quilldex reported overall cases dipped by 36% in April 2020, but this has now rebounded to 19% in September 2020, buoyed by family law (25%), private client law (36%), conveyancing (49%) and employment law (49%). Let’s take a deeper look into these areas of rebound.

FAMILY LAW The emotional pressures of isolation and lockdown have taken an unfortunate toll on families.

Compared to January, we’ve seen a 25% rise in September in family law matters relating to divorce, childcare and financial remedy due to relationship breakdowns. Child protection applications are up and property and investment values 26 www.birminghamlawsociety.co.uk

are also in flux or freefall. This all makes financial settlements harder to achieve.

Correspondingly, HM Courts and Tribunals Service has seen an increase of 17% in receipts of family and divorce matters. These government figures are based on matters progressed to court, which are slightly fewer due to court closures and halted trials.

According to the latest Law Gazette news, family courts now face a backlog, further exacerbated by complications caused by the drastic altering of financial circumstances and prioritisation of child protection cases, as intimated above. Further upheaval is expected following the summer and Christmas holidays, and not to mention Brexit, as reciprocal agreements around custody remain unclear.

For family lawyers, then, it’s a busy time both now and ahead.

PRIVATE CLIENT LAW Quilldex saw a 36% hike in private client matters such as LPAs, inheritance, probate, wills and tax.

The reality that we must all confront our own mortality is leading to many

This trend follows a revival in the property market since lockdown restrictions were eased, and chimes with Land Registry data showing that applications in June were 64% higher than in April. In addition to the large-scale reopening of the property space, other ramifications to the housing market come in the form of the current stamp duty holiday, further incentivising buyers to proceed with house sales and adding to conveyancers’ workloads.

EMPLOYMENT LAW Employment case numbers correlate to key dates in the Coronavirus Job Retention Scheme calendar, which defined deadlines for furloughing employees. Said to be costing the government £60 billion by the Office for Budget Responsibility, take up of the scheme relates to claims for almost 10 million jobs. On top of this, the ONS reports that unemployment grew by 4.1% in the three months up to July, leading to a spike in employment tribunal cases from people challenging decisions about lost jobs.

The Ministry of Justice has published data showing that 39,093 single claims and 5,915 multiple claims are now outstanding in the employment tribunal. These factors culminate in a heavier-than-usual caseload for employment lawyers. In Quilldex, this plays out in notable highs (average 57% increase in August) and modest lows (average 31% drop in April).

MORE STEADY AREAS – LEGAL AID, CRIMINAL AND IMMIGRATION Legal aid is one of the steadiest graphs in Quilldex, although even that showed a rise of 10% at its September average, perhaps better mirroring ongoing cuts to legal aid rather than any Covid phenomenon.

The criminal graph is also relatively steady, albeit with a peak of 17% rise in activity in September and trough of 52% in April. Nightingale courts have been opened to alleviate the pressure on the court system in dealing with approximately 550,000 outstanding criminal cases; the backlog of which has grown as a result of coronavirus and the subsequent inability of courts to function safely for much of the year.

While immigration matters dipped by 53% in May and stayed low throughout the summer months, it eventually rose by 11% in September.

With widespread travel restrictions including entry and exit bans in the UK, combined with the Brexit effect on employers and universities, immigration has remained a constant source of work for solicitors throughout the coronavirus outbreak and is expected to continue up to the transition period for leaving the EU, which ends on 31st December 2020.

SLOWER AREAS TO RECOVER: COMMERCIAL AND CIVIL LAW Quilldex suggests commercial law being slower to recover with September rates being 19% lower than January’s, painting a picture of instructions increasing gradually as business activity resumes and contractual relationships become more complicated, thereby demanding input from legal experts.

In comparison, civil law saw a 56% increase in matters compared to January, likely due to the aforementioned complex contractual provisions and ensuing disputes, amongst other civil-related legal affairs.

PLANNING FOR THE FUTURE WITH TECHNOLOGY While the adverse impact of coronavirus has been felt by us all and Covid-19 itself deemed a catalyst for change, the positive is that law firms have adapted well and are in a strong position to secure the future of their businesses.

Technology plays a vital role in optimising operating models and reinforcing strategic plans, and

now, accelerating growth during uncertain times. Never before has the digitisation of traditional ways of working been more in the spotlight.

Modern, more virtual-friendly law firms are the way forward, and having cloud-based software is one tool to success.

The reason for the shift in focus from on-premise to cloud-hosted applications is straightforward. The former is installed on a company’s own servers, and is accessed onsite and nowhere else. The latter is deployed via a cloud computing model for anywhere, anytime, any device access via an Internet connection.

Enabling staff to do their work from home efficiently and securely without interruption is now a foremost concern for law firms. Essential technology infrastructure is a crucial part of business continuity and disaster recovery plans for any legal practice keen to weather the storm and keep servicing their clients virtually.

IN SUMMARY If law firms have learnt one thing in 2020, it is to hope for the best and prepare for the worst. And not even the most pessimistic individual could have imagined how 2020 would turn out.

After a difficult few months, it is heartening to see new instructions returning rapidly to pre-pandemic levels in so many areas of law, and in many instances exceeding them.

This year has confirmed like no other that the law is a robust sector with plenty to look forward to as the UK continues its journey back to (some sort) of normality.

ABOUT QUILLDEX Quilldex is based on new matter openings from a representative sample of Quill’s Interactive software users, comprising 7% of all law firms across England, Scotland and Wales. Current figures are based on average monthly activity rates against January 2020 as a baseline.

By launching Quilldex to the market, its data gives law firms assurance of their own recovery as well as confidence to progress with planning and investment initiatives over the rest of 2020 and into 2021.

To learn more, visit: www.quill.co.uk/quilldex

Julian Bryan is the Managing Director of Quill, which helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services. Julian has been an advocate for quality software standards and served as the Chair of the Legal Software Suppliers Association from 2016 to 2019. He can be reached at j.bryan@quill.co.uk.