BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
INAUGURAL HACKATHON DEALING WITH STRESS ON A DAILY BASIS
THE NEW ACCOUNTS RULES – OPPORTUNITIES & CHANGES
ROMESH RANGANATHAN
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THIS ISSUE
ADVERTISE HERE INSIDE THIS ISSUE 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.
4.
President's Letter. When community matters like never before.
5.
Membership Benefits Upcoming events and members' benefits.
6.
News. A round up of what's been happening at the Society and members' news.
12.
Opinion. Dealing With Stress On A Daily Basis.
Report. Jayne Willetts on The new 14-15. Regulation Accounts Rules – opportunities & changes.
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Opinion. Will Commonhold Become Common?
17.
Spotlight. Birmingham Law Society Property Committee.
20.
Out of Hours. Romesh Ranganathan.
22.
Last Word. Taking software integration from zero to hero.
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 2019 - April 2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Chaitali Desai – Eversheds Sutherland & Sophie Samani – Henderson & Jones The Board 2019/2020 Chair: Regan Peggs Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: PJ Ellis Vice Chair: Professor Bernardette Griffin Finance Director: Ben Henry Director: Dee Kundi Director: Tony McDaid Ex Officio: Linden Thomas Ex Officio: James Turner Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER
COMMUNITY MATTERS LIKE NEVER BEFORE We are all counting on one another to do the right thing. To stay at home where we can, to try and keep those who are most vulnerable safe, to flatten the curve and to ease the pressure on our incredible NHS.
We are also counting on colleagues to be patient as most of us adjust to working from home fulltime, many of us doing so whilst also looking after children who need to be educated and entertained. We are counting on one another to pick up work for us if we or a loved one should fall ill. And we are counting on family and friends to stay in touch and ease the effects of isolation with regular messages, phone calls and updates. Birmingham Law Society is also keen to do its part to support those within our legal community through these unprecedented and challenging times. As this situation continues, we are sure that many of you will have questions or may benefit from conversations with others in our legal community. If you are unsure who to speak to or where to find the answers you need, our team will do what they can to assist. These are not quite the circumstances in which I envisaged writing my final Bulletin letter to you as President of Birmingham Law Society. Of course, I think it is safe to say that these are not circumstances in which any of us envisaged finding ourselves at the present time. I would have expected to spend this final letter reflecting on the last 12 months and setting out for you some of the highlights of the year; of which there have been many. I am extremely grateful to all those who contributed to these successes: our professional team led by our Head of Operations, Becky Lynch; our Board of Directors; our committees; our members; and of course my fellow Officers, Inez Brown, Stephanie Perraton, Chaitali Desai and Sophie Samani. However, our work promoting Birmingham as a centre of legal excellence at home 4 www.birminghamlawsociety.co.uk
and abroad, our emphasis on social mobility and gender equality, our focus on mental health and wellbeing and our continued efforts to promote access to justice have all been reported within the pages of this magazine already over the course of the year. So instead, I find myself in the current situation returning to my first column as President in which I wrote that what I enjoy most about working with Birmingham Law Society is working with a community of lawyers. I said that it has been my experience time and again that there is great strength and opportunity to be found in that community. 12 months later, we find ourselves in a time the likes of which we may (I hope) never see again. A time when we are relying on our communities - micro and macro, professional and social, familial and friendship - like never before.
So if you have any questions or suggestions as to how we can help you, please do get in touch with us at events@birminghamlawsociety. co.uk and a member of our team will come back to you as soon as they are able. We are disseminating updates that are of relevance to the profession as we receive them and we are liaising with The Law Society of England & Wales to ensure that any issues or uncertainties encountered by our members are addressed at national level where appropriate and that guidance is issued where it is needed and concerns are raised with Government, the regulators and other professional bodies as necessary. We are also keenly aware of the effects of homeworking and isolation on mental health and wellbeing and will continue to share useful resources focussing on these areas with our members via email
and our social media accounts. In this month’s Bulletin we have a special feature which shines the spotlight on some of the work done by our wonderful committees, of which we have 14 in total. They are the heart of our legal community and are the engine room for so much of the work that Birmingham Law Society does for the benefit of our members and their clients. The contributions that feature later in this magazine were written before the Coronavirus had taken hold in Europe. Since that time, a number of our committees have sprung into action to address challenges that the pandemic poses within their area of expertise. For example, our Property and Development Committee have raised concerns and have been party to national conversations about the impact of the virus on conveyancing contracts where a party having to self-isolate can impact on timescales between exchange and completion. Meanwhile, our Pro Bono Committee has offered its support to the national response to the increased legal need amongst vulnerable groups, which the ongoing situation will inevitably give rise to. It is also hosting a local discussion to address this issue in the region. These are just some examples of the ways that I have seen our legal community come together over the last week. I am sure there will be countless more examples in the weeks and months to come. I would like to take this opportunity to wish my successor, Inez Brown, all the very best as she takes over as President. Despite doing so in these most challenging of times, I have no doubt she will serve the Birmingham legal community excellently and will ably supported by her fellow Officers. Finally, I wish each of you, your colleagues and loved ones the very best for the coming months. I hope you remain safe and well and I look forward to the many opportunities that lie ahead for our legal community to come together in person once again once we have weathered this storm together. Linden Birmingham Law Society is proud to work in partnership with our sponsors:
2020 LEGAL AWARDS POSTPONED Due to the developing situation surrounding coronavirus, a decision has been made to postpone this year's Legal Awards until Friday 18 September 2020, in ICC Birmingham. Tickets will remain valid for the new date and if you have any questions please do email: events@birminghamlawsociety.co.uk Further information will follow, and we look forward to welcoming you and announcing the winners on the 18 September. Members should note that, for the timebeing, all other members' events are also postponed. Please refer to www.birminghamlawsociety.org.uk for up to date information.
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NEWS
NO5 INTRODUCES STAFF TRAINING TO SUPPORT BARRISTERS DURING THE MENOPAUSE gender split of people called to the Bar. However, after 15 years, only 30 per cent of barristers are female, with around 15 per cent of all silks being women last year.
No5 barrister Louise Corfield instigated the awareness training, saying: “There is a lot of discussion about the impact of having children on women at the Bar, and the realities of trying to work part-time or flexibly. However, there is very little discussion about the possible impact of the menopause. In my view this is both unsurprising and incredibly shocking. It is unsurprising, because menopause is still, sadly, a taboo subject in our society. However, with increasing HR pressure on employers to have menopause at work policies, perhaps times are changing, and I am pleased to be leading on No5’s progressive decision to provide awareness training.
A forward-thinking barristers’ chambers has introduced a new policy of providing menopause awareness training for clerks and staff amid fears that menopause is fuelling low retention of women at the Bar. No5 Barristers’ Chambers, which has offices in Birmingham, London, Bristol and Leicester, has introduced the training to help tackle the taboo subject and provide more support for women who are juggling work and an array of menopausal symptoms. Women enter the legal profession in high numbers, and since 2000, there has generally been a 50:50
“Symptoms of the menopause can be significant and can include loss of confidence, loss of concentration, difficulties sleeping, mood changes, including anxiety, and physical symptoms such as tiredness, headaches and joint stiffness. It seems that just as women are reaching a point in their careers where they might be thinking about a silk application, or applying for a senior judicial appointment, they may also be experiencing a tangible dip in their usual performance due to the menopause and a huge crisis of confidence. “In the current drive to encourage more women to apply for senior positions, it seems obvious that we should be thinking about whether the menopause might in some cases be impacting on those low application rates. At No5, we hope that by making menopause awareness training mandatory for all clerks, we will be able to break down the taboo, start conversations about what women have been secretly going through for generations, and what clerks and chambers might now be able to do to take some of the pressure off and provide support.”
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For reservations and event enquiries, contact Fazenda Birmingham’s Relationships & Events Manager at rembirmingham@fazenda.co.uk Fazenda is at 55 Colmore Row, Birmingham www.fazenda.co.uk
AWARDS 2020
ENTRIES ARE NOW OPEN
lawsociety.org.uk/excellence-awards www.birminghamlawsociety.co.uk 7
NEWS
FIRM PUBLISHES NEW PAY GAP FIGURES Irwin Mitchell has published its latest pay gap report which shows that for the third consecutive year the national law firm has narrowed its gap, which is significantly lower than the previous industry average. Gender pay gap reporting was introduced by the Government in 2017 and all companies with over 250 employees are required to report on their gender pay gap annually. The report shows that the firm saw a decrease in its mean gender pay gap (the difference in average hourly pay for women compared to men) to 10.3% in 2019. This is lower than the 12.8% reported in 2018, when the firm had the 6th lowest pay gap across reporting law firms. Last year’s average gap in the Top 50 UK law firms was 19.5%. The firm’s gender bonus gap also narrowed by 5.5% between the number of men and women receiving a bonus. Irwin Mitchell's mean gender bonus gap is 25.7%. This is lower than the 31.9% in 2018. The bonus gap calculation differs from the pay gap calculation, as it is based on the number of colleagues who receive a bonus and the differing amounts paid. This means that the bonus gap is impacted by influencing factors including the fact that 91% of the firm's part-time colleagues are women and the fact bonuses are pro-rated against a full time salary. In terms of gender diversity, 70% of Irwin Mitchell colleagues are female, while women make up 65% of regional managing partners and 42% of partners. In 2020, 63% of promotions to associate and senior associate at Irwin Mitchell were also women. In 2019 77% of colleagues promoted to partner level were women. Irwin Mitchell has the highest percentage of female solicitors (65%) out of any other UK law firm and is in the top 10 for percentage of female partners. Going even further to help promote transparency and to supporting the diversity and inclusion agenda, for the first time, this year they also published ethnicity pay gap figures. The firm’s ethnicity pay gap stands at -2.3% favourable to ethnic groups other than white British. This means there is little difference between the average hourly pay of white British colleagues and those from different ethnic groups.
SIX NEW DIRECTORS AT SQUIRE PATTON BOGGS Squire Patton Boggs has announced six new directors in its Birmingham office, with the promotion of four senior lawyers and two new appointments. Victoria Jeacock and Kate Bailey (Pensions), Michelle Adams (Real Estate Litigation) and Sam Tibbetts (Intellectual Property & Technology) comprise this year’s cohort of newly promoted directors, while Glyn Ryland and Vivien Cockerill join The Trustee Corporation Limited, Squire Patton Boggs’ professional trustee business. Ms. Jeacock and Ms. Bailey have established themselves as rising stars within the pensions industry. With more than 10 years’ experience working with UK occupational pension schemes, Ms. Jeacock co-ordinates the firm’s national public sector pensions group and is a pension investment specialist, both major growth areas for the team. Ms. Bailey, who trained and qualified with the firm, advises on all aspects of occupational pension plan management for both defined benefit and defined contribution arrangements. Head of the Real Estate Litigation team in Birmingham, Ms. Adams is experienced in a broad range of propertyrelated disputes for financial institutions, retail, media and logistics. She has also developed a particular specialism in telecommunications, which is also a growing area for the team. Mr. Tibbetts’ expertise covers a wide area of commercial contracts, collaboration agreements and contracts relating to data handling and security. Recognised as a Rising Star in IT and telecoms by The Legal 500, he has wide experience in assisting clients on the acquisition and implementation of core IT systems and the development of their online presence.
The ethnicity pay data is based on the 78% who have reported their ethnicity, allowing the firm to report on a dataset of over 2,100 people.
Mr. Ryland was head of the UK Pensions Team at Gowling WLG for 20 years, where he advised a range of pension plan and employer clients in both the UK and internationally, with plan sizes ranging from multibillion-pound plans, to smaller or executive pension plans.
Irwin Mitchell has in recent years rolled out blind CV screening for certain roles, unconscious bias training and mental health and wellbeing courses. There are also several networking and support groups aimed at improving the business for people such as new parents, the LGBT+ community and women in law.
Ms. Cockerill is an experienced pensions lawyer and professional trustee with wide experience gained from more than 30 years in the pensions industry. She currently chairs the £1.3 billion Schroders Retirement Benefits Scheme and the staff pension plans of the Wellcome Trust, where she also sits on the defined contribution governance group.
8 www.birminghamlawsociety.co.uk
WHY SHOULD A CUSTOMER CARE IF A SOFTWARE SUPPLIER IS INDEPENDENT OR NOT? BY BRIAN WELSH, CEO AT INSIGHT LEGAL
• Proudly independent. Decisions are made based on what is right for the customer. • Honesty. No tricks, no hidden conditions or nasty surprises. When a contract ends, access is provided to the full practice database. • Competitive. Solicitors have a choice of legal software provider. The best will be agile and able to meet the changing requirements of customers quickly. • Expertise. The Directors have nearly 100 years legal sector experience between them.
Some legal software suppliers are backed by finance supplied by venture capitalists. VCs provide investment in the expectation of a handsome return; they are the ‘masters’ at the end of the day. This means a supplier can be conflicted at times between what is best for the customer and what is needed by the investors.
Marketing – Marketing revolves around thought leadership and independent endorsements. Articles are written for Practice Managers / Managing Partners. Insight Legal has become a Law Society Strategic Partner for practice management systems. Sales – Prices aren’t set artificially high, just to bring them down to secure a sale. The service is based on a subscription model; customers pay and stay for as long as they want. Summary
• Customer focused. Product development is shaped largely by feedback from customers.
Successful independent businesses share similar core characteristics. These are:
• Friendly. Support is at the heart of the business and a rapport between the support team and customers is encouraged.
• Collegiate values that staff and customers can buy into.
It is people who make the real difference Values are worthless unless people in the business live up to them. The Insight Legal Directors drew up the values and both protect and promote them. The Directors also drive strategy which means that the direction of the business and how to get there is in the hands of the same people. The values play out in various ways including:
Insight Legal is wholly independent and owned by Directors who are working day-today in the business. The Directors agreed Support – The team is encouraged to get to 190x136mm Bulletin Customer Centric 1 they speak to, rather a ‘Day1’ set The of values creating a culture that03/03/2020 know12:09 every Page customer customers and employees can judge them than moving to the next call, just to meet a by. These are: quota.
• An interest in customers and being able to respond quickly to their changing needs and priorities. • An attitude of continuous improvement and investment back into the business. To discuss this topic further or the services we can offer, please give us a call on 01252 518939, email us at info@ insightlegal.co.uk or visit our website; www.insightlegal.co.uk
OPINION
ADVERTORIAL FEATURES
THREE THINGS TO THINK ABOUT WHEN YOU’RE RE-MORTGAGING YOUR HOME
Sarah Deacon, Area Manager for Wesleyan Financial Services (WFS) who specialises in providing financial advice to lawyers, explains the top three things to consider when you’re planning to re-mortgage your home.
balance, for example, five per cent of the remaining balance if you have three years left on your remaining deal, but only one per cent if you only have one year left.
Remortgaging can feel like a chore, but with a little bit of work you can unlock some big benefits. Here’s the top three pieces of advice I give my customers when they’re looking to remortgage.
It may still be beneficial to move to a new mortgage deal despite having fees to pay. For example, the savings you could make over the term of a fixed deal may be more than the fee due if you exit your existing deal early. The solution that’s right for you will depend on your individual circumstances.
1. UNDERSTAND THE COMPARISON RATES When shopping around for a mortgage deal, it's easy to be seduced by headline-grabbing interest rates. But with so many factors to consider it can be hard to compare like for like. Some deals may include application, legal and product fees. Others don't. The one thing I always advise my customers to look out for is the Annual Percentage Rate of Charge (APRC). This is an overall cost for comparison. It’s quoted as a percentage of interest payable on the total amount of credit. It takes account of all fees that you might face. When looking at the APRC, keep in mind that the calculation assumes you will stay with the same product and provider for the duration of your mortgage. In reality, most people look to switch once every few years.
2. FACTOR IN THE FEES AND COSTS If you’re remortgaging before your current deal comes to an end, you may have to pay early repayment charges. These fees are often tapered as a percentage of the remaining 10 www.birminghamlawsociety.co.uk
If you leave your existing deal before the agreed period, the lender may also ask you to repay any incentives originally provided to you, such as free valuation fees, legal fees, or cashback offers. Remember to check the T&Cs when considering your options.
3. YOUR PERSONAL CIRCUMSTANCES MATTER It’s important to think about how your future goals might impact your finances. For example, if you want to become selfemployed or take a career break, you might want to consider a mortgage that gives you freedoms to take payment holidays. As a lawyer you can also take advantage of your professional status and consider 'professional mortgages'. Lenders offering these mortgages will take your professional status into account and offer preferential rates. Qualification criteria typically include factors such as age and qualifications. WFS has access to a range of lenders who provide specialist mortgages for professionals and has arranged more than half a billion pounds of mortgages for professionals in the last two years alone. For more information visit: www.wesleyan.co.uk/mortgages/personalmortgages This article does not constitute financial advice. Your mortgage is secured on your home, which may be repossessed if you do not keep up repayments on your mortgage.
CHALLENGE US TO SAVE YOU MONEY ON YOUR MORTGAGE Wesleyan Financial Services are dedicated to your profession and has arranged over £500 million in professional mortgage loans in the last 2 years. In addition to remortgages, we provide solutions across a broad range of mortgage needs, covering first-time buyers, movers and buy-to-let.
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*Wesleyan Financial Services will be paid a fee by the mortgage lender upon completion of the loan. There are charges for investment advice and other services.
Email us at Appointments@wesleyan.co.uk quoting 1002159 Your mortgage is secured on your home. Your home may be repossessed if you do not keep up repayments on your mortgage.
Financial Advice: Retirement Planning • Investing • Funding • Insurance Follow us for regular updates on social media
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Most Buy to let Mortgages are not regulated by the Financial Conduct Authority. Advice is provided by Wesleyan Financial Services Ltd. ‘WESLEYAN’ is a trading name of the Wesleyan Group of companies. Wesleyan Financial Services Ltd (Registered in England and Wales No. 1651212) is authorised and regulated by the Financial Conduct Authority and is wholly owned by Wesleyan Assurance Society. Wesleyan Assurance Society is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Incorporated in England and Wales by Private Act of Parliament (No. ZC145). Registered Office: Colmore Circus, Birmingham B4 6AR. Telephone: 0345 351 2352. Fax: 0121 200 2971. Calls may be recorded to help us to provide, monitor and improve our services to you. LAW-AD-22 04/20
OPINION
DEALING WITH STRESS ON A DAILY BASIS
Today I was coaching a wonderful group of partners on the ways to look after ourselves during times of stress. One lawyer asked me “How can I look after myself when I have so much on at work, a poorly parent and a young family?” -A great question! My response was how can he look after his family AND manage his workload if he is not looking after himself? writes Rebecca Mander. We cannot help fill other people’s tanks if we are running on empty. I am a people pleaser by nature and so often put myself last, but when I do this my resilience runs low and I am far less capable to cope with the pressures of life. We tend to fit in more than we can physically achieve at home and at work then, when we run out of time, the first things to go are the very things that help repair us or keep our resilience levels high. A fitness class, a coffee with a friend or a date night are just the things we need to keep our resilience high. Instead of feeling selfish for looking after ourselves, we should be considering the benefits to others when we do. Lloyds bank CEO, António Horta-Osorio has been very open about the effects of work stress on his health during the global financial crisis. Lack of sleep lead to burn out and he had to take eight weeks off work to recover. Following his experience, he advises “It is important to combine peak performance with moments of rest.” Remember…those moments of peak performance are not possible if we are not fitting our own oxygen mask first as my neighbour calls it! As a successful businesswoman, running a household and children in school, she recognises that moments to herself are not just enjoyable but essential to her own wellbeing and therefore the happiness of her family! One technique I use with my clients is to imagine you are a boat, draw yourself floating on a river, and under the water lurk items that are likely to cause damage if you hit them. The water level is your resilience and when it gets low, you are more likely to lose your flow and more likely to hit the obstacles in your path. When you do this…you get a hole in your boat and…guess what? You are even more likely to hit obstacles and struggle on your journey. Next, label the items under water. What (or who!) is likely to affect your flow? What plans can you put in place to prevent this happening? These don’t need to be expensive or time consuming as the example shows. If you do meet challenges that damage your boat, what can you do to repair it? Make a list of what helps keep your river high. So, next time you are cutting something or someone out of your diary, think twice to ensure it’s not something that can help your boat stay afloat! Rebecca Mander is an experienced executive coach, specialising in supporting leaders within the legal sector during personal setback. You can contact her on 07930 147799 or at hello@guruyoucoach.com for information on how she can support your practice. 12 www.birminghamlawsociety.co.uk
BIRMINGHAM LAW SOCIETY’S INAUGURAL HACKATHON Thank you to all those Birmingham Law Society members who gave up their Saturday to take part in the Society’s inaugural charity Hackathon. The event, which was hosted by the University of Birmingham, saw lawyers from a range of disciplines and law students from across the city, come together to come up with solutions to a problem posed by the President’s chosen charities: Central England Law Centre and Citizens’ Advice Birmingham. The idea behind the Hackathon was that by bringing people with different perspectives and experiences together, new ideas would be formed and new ways of addressing old problems would be generated. The day began with the Chief Executives of the charities setting out the current funding climate in which they find themselves and posing the question ‘How do we increase unrestricted funding and allow for more flexibility in meeting advice needs?’ The ‘hackers’ then spent several hours brainstorming solutions and testing their ideas on the charity representatives before pitching their solutions to the CEOs. Citizens’ Advice Birmingham Chief Executive Janice Nichols said: “I left the Hackathon feeling enthused and inspired. It was extremely valuable to have the benefit of fresh perspectives on issues we have been wrangling with for a long time. I went home with a number of ideas that I will be taking back to my colleagues and our trustee board to explore further. Thank you to Birmingham Law Society for hosting such a unique event.” Many thanks to our sponsors Landmark and Oosha for making the event possible.
NO5 BARRISTER LAUNCHES DEBUT BOOK A barrister has used his own life experience arriving in this country as a child refugee to write his debut book which reflects on modern Britain, social mobility and the challenges that still face children from deprived areas.
the lowest-performing schools in the country, being raised exclusively on state benefits.
Hashi Mohamed, a planning advocate with Birmingham-based No5 Barristers’ Chambers, wrote his book, People Like Us, to share what he has learned throughout his life and career and the pivotal issues that surround social mobility.
In his book, he explores what his own experience can tell us about social mobility in Britain. Far from showing that anything is possible, he concludes that his story is not typical, and that the country is still riven with deep divisions that block children with deprived backgrounds from accessing the advantages that are handed to others from birth.
Hashi, who has an Oxford degree, is now a successful barrister specialising in planning and environment law and commercial litigation. He came to Britain aged just nine, as an unaccompanied child refugee, and attended some of
Throughout the book, he offers inspirational advice for those hoping to change their own circumstances and helps people understand modern Britain and how they could change it for the better. www.birminghamlawsociety.co.uk 13
REGULATION REPORT THE NEW ACCOUNTS RULES – OPPORTUNITIES & CHANGES? WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS.
The SRA’s objective for the new Accounts Rules effective on 25 November 2019 was to introduce a shorter version of the Rules with a simpler definition of client money. The profession was also instructed that the Rules would provide more flexibility, trusting us to act in our clients’ best interests as well as reducing prescription and arbitrary timescales. It seems appropriate, five months in, for us to review whether these objectives have been achieved. Let us start with the SRA’s aim of producing a shorter version of the Rules. It is true that there are only 13 Rules now as opposed to 52 Rules in the 2011 Rules. However, many of the Rules now appear elsewhere in other documents. Take as an example, residual client balances. The conditions for distributing balances under £500 to charity were set out in Rule 20.2 within the 2011 Rules – this old rule is now contained in a threepage SRA Mandatory Statement. In addition, there are six SRA guidance notes (so far) on Accounts Rules 14 www.birminghamlawsociety.co.uk
topics much of which was in the 2011 Rules. There is also a Warning Notice and Case Studies x 11 on using client account as a banking facility. The plethora of documents that need to be referred to in connection with the implementation of the new Rules makes the claim that “shorter is best” a somewhat unconvincing one. Turning now to the aim of greater “flexibility” which is taken to refer to the ability to hold client money outside a client account. Leaving aside third-party managed accounts (Rule 11), the more innovative option (Rule 2.2) involves holding client money in the firm’s office or business account (as we are encouraged to call it now). There is no requirement presently for firms to notify the SRA that they are operating under Rule 2.2. In order to qualify for this new procedure, the only client money that a firm holds must be restricted to advance payments for fees and unpaid disbursements such as counsel and expert fees. The other key condition is that the firm must ensure that the client is properly advised and knows that the money is not ringfenced and may be used as part of the firm’s money in their business account.
The SRA Guidance Note states that the key risk is that if the firm becomes insolvent then the money would be incorporated into the insolvent estate. In addition, the SRA recommends that the client is advised that if the firm becomes insolvent before the work is completed then the client would be treated like any other creditor and would have to find the money from elsewhere to pay another firm to complete the work. It is an astonishing conversation to have with a client to advise them to place their funds at your disposal and warn them that all will be lost if the firm goes under financially. There is no advantage to the client whatsoever. The financial advantage lies entirely with the firm. It is a classic “own interest conflict”. How the SRA can permit this arrangement which cannot ever be described as being in the public interest defies understanding. Let us also examine the claim for less prescription and the removal of arbitrary timescales. In the 2011 Rules there were a few specified time limits. Under the new Rules firms are required to take certain steps “promptly” and to prescribe their own time limits within internal office procedures. My soundings reveal that most firms fearful of challenge by the SRA have merely adopted the same time limits as provided by the 2011 Rules. The opportunities presented by the new Rules could therefore be described as illusory as opposed to real. The changes however are real and there are some practical day to day adjustments to bear in mind. First, the reconciliations must be signed off by a COFA or a manager (Rule 8.3). This is a sensible requirement and gives the management a chance to head off any problems at any early stage. COFAs or managers should make sure that they understand the mechanics of reconciliations and that they can
effectively monitor the correction of any unreconciled balances. Also note that client’s own accounts (Rule 10.1(b) now need to be included in the reconciliation. On the disbursements front, there is a significant change (Rule 4.3) in that you must provide a bill of costs or written notification of costs before transferring funds from client to office account to pay disbursements. Rule 4.3 does not refer to “disbursements” but to “costs” which are defined in the SRA Glossay as “your fees and disbursements”. Rule 4.3 has been interpreted to mean that you cannot transfer funds to cover disbursements until those disbursements have already been paid out from office account. You are therefore reimbursing office account for monies already expended. You should also note that there is no longer a distinction between professional and non-professional disbursements. And finally, COFAs now need to have a much greater understanding of the Accounts Rules and how the finances of the firm are managed. You should ensure that you understand how your accounting software works especially in a small firm so you could operate it if your bookkeeper is away for a prolonged period. There was a recent case in the SDT – SRA v Harmail Gill SDT 11914-2019 – where Mr Gill as COFA admitted in an SRA interview that he was not aware “of the intimate details of dealing with a client account”. The Tribunal accepted the SRA allegation that Mr Gill had acted with “manifest incompetence”. Don’t be like Mr Gill – make sure that you have a real grip on your firm’s finances. Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms www.birminghamlawsociety.co.uk 15
OPINION WILL COMMONHOLD BECOME COMMON? The mere utterance of the word commonhold usually instils terror and panic into the heart of most right minded property lawyers. Understandable, since so only about 20 commonhold developments have been created since Trevor Aldridge's 2002 Commonhold and Leasehold Reform Act introduced the concept of freehold flats and community ownership of the common parts writes Mark Adcock, Solicitor and former lawyer with the Law Commission. It never caught on because there was nothing beneficial to developers in it. The more traditional legal environment of granting long leases had the considerable advantage of an increasing reversionary interest, and an income through ground rent meantime. The arrangement results in flat owners owning the freehold of their flat and ownership of the common parts through a Commonhold Association. The law as it stands is deficient. There are several weaknesses with it, most notably the problem that arises if the commonhold association enters into liquidation and the obligation for all owners to participate in the conversion process. Set against a political background of aversion to leasehold ownership generally, the Government tasked the Law Commission to design a system that would ‘reinvigorate’ commonhold as a means of ownership and to address the current weaknesses. The result was a consultation paper published in December 2018 making proposals on how the system might be improved and expanded. It included:
• How existing leaseholders could convert to commonhold and gain greater control • What might improve mortgage lenders’ confidence in commonhold so as to increase the choice of financing available for home buyers • And how it might provide homeowners with a greater say in how the costs of running their building are met A final report is expected in the Spring. Given the increasing constitutional aversion for the traditional leasehold – freehold arrangement, it is highly likely that commonhold will be the compulsory means of ownership (whether it be wholly residential or mixed use) for all new build developments. It is also likely that the end product of collective enfranchisement will be compulsory commonhold ownership. After all, the current system resembles that model anyway. Only in this way, will commonhold become the preferred ownership model, thus removing the problem of the depreciating leasehold term and perceived imbalance between the lease parties. Will it work? Only time will tell, but there are those who countenance that not everyone is so keen to be working with their neighbour on controversial issues surrounding property maintenance and management, and that the current scheme does provide some neutral involvement where either the freeholder or a separate management company is responsible. Further a law that prohibited the new grant of a leasehold flat for less than say 999 years at a nominal fixed rent (if any) would overcome the problem of a depreciating reversionary term and unrealistic future ground rents. Probably the central political issues with the current system.
• Proposals on how commonhold might be used for larger, mixed-use developments including residential properties shops, restaurants and leisure facilities
The devil will be in the detail, but what is pretty certain is that property lawyers will soon have to bite their lip and get to grips with the culture of a third and widespread land tenure.
• How shared ownership leases and other forms of affordable housing might be included
The good news? Amazon are selling copies of Trevor Aldridge’s book on-line for 41p!
16 www.birminghamlawsociety.co.uk
SPOTLIGHT ON:
BIRMINGHAM LAW SOCIETY’S PROPERTY COMMITTEE
with any members who choose to contact the Committee with any concerns. Tell us about some of the main events/activities that your committee has worked on in the last year? The Committee has responded to several Government consultations over the past couple of years. As part of the Government consultation on “Making the home buying and selling process quicker, cheaper and less stressful” we arranged a meeting with The Right Hon Sajid Javid MP who at the time was the Secretary of State for Housing, Communities and Local Government to discuss with the Minister certain aspects of the consultation before returning our formal response. It is testament to BLS and the Property and Development committee that he was prepared to make time for such discussions. The Committee have also been involved in a Government consultation on Leasehold Reform and Commonhold which looked at the nature and problems surrounding Leasehold properties and the matters flowing from this including challenges with Managing Agents. Some changes in the Leasehold process have now become law. We have also responded to a consultation for Birmingham City Council on Statement of Community Involvement to give views on different aspect of planning. We were pleased to assist our local Council.
Birmingham Law Society has 14 professional committees, dealing with different areas of legal practice and/or areas of common interest to the profession. They are the engine room of the Society, undertaking work that keeps our members updated with developments in their areas of law, ensuring they are well connected with key stakeholders such the courts, police and other bodies and representing their interests, and those of their clients, to Government, regulators and others. All of our committees are made up of volunteers drawn from the Birmingham legal community. In this issue we shine a spotlight on the work done by the Property and Development Committee chaired by Denise Watkins, Gordon Jones Solicitors. A full list of Birmingham Law Society’s committees can be found on our website, along with contact details of the committee chairs. If you are interested in joining a committee, please do get in touch with the chair. What is the role of your committee? The Property and Development Committee has lawyer representatives from Residential and Commercial Property, Construction and Planning Law and a Barrister who provides updates on current case law dealing with all aspects of property. We respond to Government consultations, Law Society procedural changes and implementation. All members of the Committee are actively involved and give monthly updates on their areas of Property Law. We seek to address ongoing issues of law and practice for all BLS members and are available to discuss matters where we can
As Chair of the Committee I was involved in a Property Convention last year in conjunction with The Law Society and representatives from Land Registry to discuss topical issues with BLS members and to give an insight into the meetings of the Property and Development Committee. This was very well attended. I have also attended Property Consultations on behalf of the BLS Property committee to give feedback on Land Registry updates and changes in practice and other areas of law and procedures. Experts are on occasions invited to Committee meetings to discuss topical issues. What would you say will be the biggest issue in the area that your committee focusses on in the next 12 months? We have continuing discussions regarding the amount of construction that is surrounding Birmingham which can only be good for the economy. With all the construction and the Government’s determination to build more than 1 million houses within the next 10 years, the Committee’s future focus will be how regeneration and development of brown and green field sites will impact on climate change such as flood risk and contaminated land on Commercial and Residential Conveyancing. The Committee have also been discussing and will continue to discuss potential Reservation Agreements which are to attempt to reduce the number of abortive matters on residential properties, but which Agreements carry with them many advantages and disadvantages. We will liaise with The Law Society on the overall findings as requested recently when the new President attended the BLS Council meeting. Arguably however, one of the biggest “hot potato” discussions for the Second City’s property lawyers will be land acquisition for the ongoing development of HS2 and potential legal and environmental issues flowing from this. www.birminghamlawsociety.co.uk 17
OPINION
HOSPITAL WINDOWS GET ROYAL UNVEILING the windows a reality. Once the money was raised, work was able to start and the final installation is now housed inside Waterfall House, a state-of-the-art building, which is home to Birmingham Children’s Hospital’s world-class Children’s Cancer Centre and the UK’s first Rare Diseases Centre for children. The main window sits in the entrance to Waterfall House, while a series of nine smaller interior windows are situated along the building’s ground floor corridor.
Birmingham Children’s Hospital welcomed Her Royal Highness The Duchess of Cornwall to its hospital recently to unveil a unique stained-glass window installation, featuring some of Roald Dahl’s most iconic characters, specially designed by the world-famous children’s illustrator Sir Quentin Blake. The charitably-funded project is the brainchild of Felicity Dahl, wife of the late author, who often used to visit the hospital as a child with her
father Professor Alphonsus d’Abreu, then Dean of the Medical Faculty. She approached Sir Quentin Blake who was delighted to be involved and generously donated his original designs, which have now been transformed into a stunning series of stained-glass windows – the firsttime Sir Quentin’s work or Roald Dahl characters have ever been produced in stained-glass. Birmingham Children’s Hospital Charity launched a campaign to raise the £234,000 needed to make
HRH The Duchess of Cornwall was invited to the hospital to unveil the new installation and was able to get a closer look at all of the windows, which feature favourite Roald Dahl characters that every child and parent will instantly recognise, including The BFG, The Enormous Crocodile and The Giraffe and the Pelly and Me, plus Matilda and Charlie and The Chocolate Factory. HRH The Duchess of Cornwall was also able to meet patients, project donors, as well as staff members, including Birmingham Children’s Hospital’s four Roald Dahl Nurses who specialise in rare diseases. These nurses are funded by Roald Dahl’s Marvellous Children’s Charity of which The Duchess is Patron. HRH The Duchess of Cornwall was then invited to unveil a commemorative plaque.
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Before, when I was going to the gym or staying on top of fitness, I’d do it for some sort of vanity reason; I’ve long since abandoned that and have accepted that I’m never going to look good. So the second half is about my reaction to that medical. My wife and I are very happily married but we’ve got to that point where we’re set in our ways a bit. That’s the nub of it.” Romesh acknowledges that we live in interesting but testing times, with the terrain of stand-up comedy one where every utterance a comedian makes comes under extra scrutiny. “I don’t feel the need to agree with the person I’m watching to enjoy what they’re doing. In his last Netflix special, Dave Chappelle said a lot of stuff that I don’t agree with but it doesn’t stop me laughing about it.
ROMESH RANGANATHAN On his last nationwide tour, the monstrously successful Irrational, Romesh Ranganathan was pondering whether he has an irrational viewpoint on the world or whether that can be attributed to absolutely everyone else. This time around, he’s putting together The Cynic’s Mixtape in which he offers perspectives on the world that are partly incredulous and wholly hilarious writes Brian Donaldson. “I enjoy puncturing the common point of view,” admits Romesh. “Sometimes I agree with it but often the common acceptance of certain things is based on facts that I find irritating, so I undermine that and deliberately say things, not to simply be provocative but because I like the reaction to them.” As well as taking his views on tour, Romesh’s recent TV credits include a second series of his Sky One sitcom, The Reluctant Landlord, presenting duties on The Ranganation, Judge Romesh, and The Misadventures Of Romesh Ranganathan. Away from the small screen, you can read his memoir, Straight Outta Crawley, or hear his award-winning podcast, Hip Hop Saved My Life, in which his most recent batch of guests have included rapper Kano, singer-songwriter Michael Kiwanuka and documentary20 www.birminghamlawsociety.co.uk
maker Louis Theroux. And now, the man who was also recently voted by The Guardian as the 17th best comedian of the 21st century, is out and about across the UK with his barnstorming new live show which he explains is divided into two distinct parts. “The first is looking at different issues such as the environment, a bit about the Liam Neeson thing, and how people respond on social media to the deaths of celebrities which is something I find quite weird. I remember sitting with a friend when Whitney Houston died and he was agonising about what he was going to post online. I said, ‘you don’t have to worry about that, it’s not your business; the world is not waiting to hear what you’re going to say.’ People end up making these events about themselves.” In part two of The Cynic’s Mixtape, Romesh zeroes in on more personal material, focussing on the relationship he has with his wife and their three children, and fretting about his own existence. Which sounds heavier than it actually is. “I got a medical when I turned 40 as I started to worry about my own mortality not for myself but in terms of my kids.
Similarly, I’m a massive fan of Bill Burr and in his most recent show he’s pretty full on about feminism and how male feminism isn’t a thing. I follow the logic of what he’s saying and I do find it funny while not necessarily agreeing with him. We do seem to be living in hyper-reactive times now and people feel more ready to be offended than before. As an audience member myself, I don’t have that need to agree with everything the comic is saying.” Romesh works from the standpoint that there will always be someone who doesn’t agree with what he’s trying to say in his comedy, but as long as he has worked hard on the material, can justify it from every angle and gets the big laughs, he knows he’s on the right road. “When I start performing material for the first time, that’s when I might offend people or push it too far, because I perhaps haven’t expressed what is definitely a good idea elegantly enough. So you play with it, and when the laugh for something is big enough you know that you’ve found an acceptable line through that way of thinking. But I never write something and think I can’t do that because I don’t want to get into trouble for it; I tend to just write what I think. I am guided by the laughs.” As he takes his Cynic’s Mixtape around the country, those resounding laughs are following him wherever he goes. At time of going to print, all dates have now sold out/ postponed. Visit www.romeshranganathan. co.uk for details of upcoming shows.
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LAST WORD
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TAKING SOFTWARE INTEGRATION FROM ZERO TO HERO BY JULIAN BRYAN, MANAGING DIRECTOR, QUILL
work locally on your desktop. In actuality, your desktop’s connected to the cloud so you work collaboratively with the rest of your team. We also effectively cater for the trend of spending each day working in Microsoft Word and Outlook. Our MS Office add-in is the tool that makes this happen. It’s document management at its finest. The add-ins create deep integration between your familiar Microsoft Office systems and your Interactive database and matter files, affording productivity enhancing features such as auto-detectedand-stored case-related emails, auto-saved documentation and appointment calendaring. A comprehensive library of folders of all Word-and-Outlook-generated correspondence is then readily accessible from your Document Hub. On the subject of correspondence, Interactive Forms is the latest addition to our ongoing integration initiative. Comprising an extensive catalogue of essential legal forms, you sign in singly to Interactive, edit popular and template forms from the customisable control panel, enter data once which is then populated from your database to merge fields, and assign part or fully completed forms to the relevant matter in your Document Hub.
When it comes to software, attempting to be ‘all things to everyone’ is a naïve goal necessitating a never-ending journey. You’re inevitably going to have a number of software applications in your business, from business intelligence and case management to document management and legal accounting, plus everything in between. Central to any law firm, in every respect, whether software or service based, is of course, your clients and their matters: • It’s your clients you need to undertake checks for money laundering • It’s your clients for whom you need to complete statutory forms and e-submissions • It’s your clients for whom you need to present evidence for court • It’s your clients with whom and about whom you need to correspond • It’s your clients you need to service as best you can That’s why we focus software development on integration relating to managing clients and matters. With our complete practice management software, pick ‘n’ mix solutions and third-party integrators, you get the right systems for optimum client and matter management. Whichever route you select – Quill-only or Quill-andother-suppliers – you enjoy best-of-breed IT with full and seamless integration. Meaning that everything operates as a coordinated whole. Compared to the alternative – running standalone systems with data stored in different disparate places – integration streamlines processes, enhances efficiencies, simplifies administration, reduces costs, provides analytical insights in real time, strengthens security, improves collaboration and much more besides. These benefits add up to superior customer service provision. Happy clients bring repeat instructions and recommend your legal services to others. And that’s good for business. As we’ve established the plentiful advantages of software integration, let’s take a moment to think how you go about your daily work. Your desktop is central to what you do, right? The majority of us begin, repeatedly return to and end the working day on our desktop. That’s because our desktop is where we host shortcuts to our most-used systems and documents. To get technical, it’s the central area behind the windows in our graphical user interface. It’s for this reason we’ve made integration with the desktop environment the focus of our recent software development efforts. The integration between your desktop and our Interactive Cloud application keeps getting cleverer. You can now hop between a client’s matter in Interactive and Word or Outlook, and vice versa, really quickly and easily. What’s more, with our new qSync application, you can send any documentation – for example file, spreadsheet, picture, scan or PDF – from your desktop to Interactive’s Document Hub with a simple right click. This allows you to save the correct documents against the correct client matter ready for reviewing or possibly bundling (more on this later!) on another day. ‘Why is this important?’, you may ask. Put simply, qSync empowers local working and global sharing. To all intents and purposes, you 22 www.birminghamlawsociety.co.uk
There’s a whole lot more to Interactive Forms than this though, not least e-submissions to government agencies, document bundling for court pack production, and sharing of forms with clients and counsel. Even better, you can choose outsourced typing support for dictation via our Type App with auto-typed-up forms saved straight back into your Document Hub within agreed timescales. The bonus of our typing service is that our pay-as-you-go, flexible outsourcing model can lead to up to 40% reduction in administration overheads when compared with in-house costs and gives you more time for servicing your all-important clients. Taking into account, too, the growing demand for flexible and remote working, due to court attendance and other off-site commitments, Interactive has its own smartphone app for iOS and Android. This is yet another example of smooth integration in play. With an internet connection and using the same secure credentials to log in, users of our Interactive App can perform all manner of tasks to progress matters on the go. Functionality includes adding new clients and matters, viewing client and matter information, accessing listings of recent documents, using stopwatches, recording fee earner time and authorising e-chits. It’s pretty much the same capabilities as the standard version of Interactive. At the outset of this client-centric activity is the requirement to execute due diligence with reliable anti-money laundering and credit checks. Doing so ensures your customers’ identities are legitimate and they have the funds to pay for your legal services. Our integrated AML tool is the ideal way to protect against financial crime. You undertake AML or AML plus credit checks during client set-up, with instant pass or fail status, and lifetime storage of results. So far, we’ve covered only Quill products on their own and demonstrated how Interactive is more than just a legal accounts system. As intimated, there’s the Quill-and-other-suppliers route as well. Our close API with a number of third-party software vendors facilitates the automated transfer of data – be it client and case details or time recording information – between the two systems. Whatever’s entered into the third-party system is auto-populated to ours. Although there are two systems in use, they operate as one. We currently have integrations in place with various suppliers of case management, legal forms, document bundling, compliance management and workflow automation software. And we’re dedicated to continued third-party integrations in order to keep building our volume of integrators. Reflecting back on our introduction, we offer this impressive range of integration options on a pick ‘n’ mix basis. You’re totally in control. Our role is to sort out the integration accordingly. Every bespoke package can be yours for a surprisingly affordable sum and backed up by award-winning support. Do get in touch with your integration enquiries. We’re all ears. Email info@quill.co.uk, call 0161 236 2910 or visit www.quill. co.uk. Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.
Pick ‘n’ mix Quill’s software & services legal accounts software | practice & document management software smartphone apps | form packs | court bundling | outsourced cashiering outsourced typing | outsourced payroll | plus much much more!
0161 236 2910
info@quill.co.uk
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