Birmingham Law Society Bulletin February March 2024

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

Social Mobility: 2024 BLS Legal FEB / MAR How To Claim Funding Per Mentoring FAQS Awards Shortlist 2024 SQE Employee Revealed Find out more on P12 www.birminghamlawsociety.co.uk

info@birminghamlawsociety.co.uk

Find out more on P20 @birminghamlawsociety

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Find out more on P22 @BhamLawSociety

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Dear Brian Sale Of Property

THIS ISSUE

CONTENTS 4. President’s Address.

6. Upcoming and Past Events.

8. Member’s News.

12. How To Claim SQE Funding Per Employee 19. BLS Vacation Scheme 20. Social Mobility: Mentoring Faqs 22. 2024 BLS Legal Awards Shortlist Revealed 26. Open Justice & Anonymity In The Solicitors Disciplinary Tribunal 28. Four Ways To Help Your Team Embrace New Technology

CONTACT US www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk Tel: 0121 227 8700 Birmingham Law Society, Suite 101, Cheltenham House 14-16 Temple Street, Birmingham, B2 5BG Twitter: @bhamlawsociety Insta: @birminghamlawinsta Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk

ADVERTISE HERE To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or you can email jon@fu-media.co.uk or kevin@fu-media.co.uk

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

FEB / MARCH 2023 www.birminghamlawsociety.co.uk

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BLS LEGAL AWARDS This year’s shortlist has been announced - are you on the list? P8.

FOUR BUSINESS HABITS REGULATION REPORT: Legal Ombudsman – changes to scheme rules. P18.

ARMY LEGAL SERVICESWhat’s Legal Life Like In The Forces? P22

info@birminghamlawsociety.co.uk

@birminghamlawsociety

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EXPERT WITNESSES FOR: l l l l l l l l

Mechanical and Process Engineering Manufacturing Industries Oil and Gas Industries Petrochemicals and Chemicals Pharmaceuticals Fertilizers and Pesticides Metallurgical Industries Safety and Environmental

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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 2022.

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PRESIDENT’S LETTER of the local business community.

We will be collaborating with the Institute of Chartered Accountants in England and Wales, the Greater Birmingham Chamber of Commerce, the Asian Chamber of Commerce and Future Faces on a number of joint events to allow our members to build wider relationships. We will be bringing our Council together in person to debate some of the topical issues impacting us. We will also be hosting our first Legal Leaders Roundtable on 7 February, which will enable leaders of our member firms, chambers, universities and local legal groups to share their perspectives.

There is no better time to expand the reach of our community than in 2024. As we head towards a mayoral election and a general election, it is important that we collaborate to represent the interests of our profession and our city. Wherever we work and whatever our area of practice, the political and economic landscape will impact us in some way.

Happy New Year and welcome to the first Birmingham Law Society Bulletin of 2024.

After a restful Christmas break, the Birmingham Law Society events calendar began again in full swing on 11 January, when we were very kindly hosted by No5 Chambers for our first networking social of the year. Not only did attendees have chance to catch up and build relationships, but we also had the opportunity to take part in some fun games.

One of those games was a Batak Light Board, a reaction time test that measures participants’ handeye co-ordination and speed. My partner Trystan, who accompanied me to the event and who is wellknown for his determination in competitive sports, achieved a far higher score than me. Later that evening, I asked him how he managed it. “I just took a step back so I could see the bigger picture”, he replied.

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As we begin a new year, with new goals and new challenges, Trystan’s simple answer definitely got me thinking. How often do we, as Birmingham’s legal professionals, take a step back so we can see the bigger picture?

With high levels of activity and a huge range of positive initiatives, it may often be easy to see the Birmingham legal community as a standalone and self-sufficient group.

But the reality is that we are part of something far wider.

One of the key themes for my Presidential Year is community.

This reflects my desire to foster connections, contribute to a stronger and more compassionate society, and become more integrated as a profession within the wider city. This year, I will be putting every effort into pursuing these objectives. We will be inviting guest speakers to our networking socials to provide insights into the activities

To capitalise on the opportunities that change may present, it is important that we all have the resources to be able to make informed decisions about our direction. With that goal in mind, we hosted our Path to Partnership and Beyond event on 30 January to facilitate a transparent conversation about what it takes and means to become a partner in a law firm, and what the alternative options are for those who want to progress their career differently. Next week, on 6 February, we will be hosting our annual Supporting Aspirations in Law event at the University of Law, to provide an opportunity for aspiring lawyers to learn more about the available career options in the legal profession and to ask questions to a panel with diverse experiences.

I hope that these events will help to make the legal profession more open, diverse and accessible to a wide range of talented individuals.

In other news, I am now five weeks into my marathon training plan.

I write this article knowing that www.birminghamlawsociety.co.uk

NEWS tomorrow, whatever the weather, I will be up at the crack of dawn to run 16 miles – which may seem a fair distance but is still 10 miles short of the 26.2 that I will need to complete in April! However, whilst the training may be tiring, it is for an exceptionally good cause – to raise money and awareness for my Charity of the Year, the Social Mobility Foundation.

TOP PRIORITIES FOR PROPERTY PROFESSIONALS IN 2024?

Having grown up in a working-class family and encountered many challenges in my own journey, social mobility has long been a cause close to my heart. At a young age, I realised that whilst someone’s background should never influence what they go on to achieve, it can, and it does. Birmingham has a young population and huge levels of cultural diversity, but a significant proportion of our population live in some of the most deprived areas in the country. As a result, the relationship between income inequality and levels of social mobility becomes more pronounced, which means it is even more important to take action.

Whilst we have made progress in recent years, social mobility in the legal profession remains a problem.

For example, the most recent diversity data from the Solicitors Regulation Authority shows that 22% of all solicitors attended a fee-paying school compared to 7.5% nationally.

The work of the Social Mobility Foundation helps ensure that talent from all backgrounds is nurtured and rewarded. By supporting and mentoring students from disadvantaged communities from Year 12 through to starting their first job, the charity provides guidance that these individuals may not otherwise have, as well as supporting employers to become more inclusive in their own practices. Any donations would be very much appreciated, and a link to my JustGiving page can be found here.

The next few months are shaping up to be very exciting for Birmingham Law Society. We are hosting a range of events to allow members to come together, learn, and build relationships, including our Lunch Club with Rebecca Mander on 21 February, our Networking Social on 29 February, and our International Women’s Day Celebration on 7 March. We will also be hosting our Legal Awards on 14 March to celebrate the impressive range of legal talent in our city. I extend my huge congratulations to every individual and firm on the shortlist and look forward to meeting many of you in the weeks to come.

Landmark’s major new cross-market report has uncovered the top challenges and frustrations shared by residential estate agents, conveyancers, surveyors and lenders across the transaction chain – and their top priorities for 2024.

Our new cross-market research report has revealed a striking convergence of pain points for property professionals across the transaction chain.

The report, entitled ‘Future Thinking: what’s driving property professionals into 2024?’, is a major new piece of research spanning hundreds of residential estate agents, conveyancers, surveyors and lenders.

In the market research, we share the challenges and frustrations that senior property professionals are currently prioritising for 2024 and sense-check these against the aspirations of home movers.

Headlines include: Economic headwinds have clearly affected the sector, with over 75% of all groups citing the current economic climate, interest rates and the cost of living as a leading business concern for the next year.

The length of time to complete a transaction was a top three frustration in the transactional process for estate agents (37%), surveyors (40%) and lenders (36%).

The ever-increasing regulatory and admin burden placed on property professionals appeared as a top five frustration for all four groups, with lenders ranking highest in this area, with 55% agreeing.

Birmingham Law Society thanks our Gold Sponsors

Looking ahead, better technology and less administration were seen a key for all groups in improving efficiencies and reducing costs.

To view the report from Landmark, click here

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EVENTS

MEMBERS’ EVENTS

Supporting Aspirations in Law sponsored by The University of Law 6th February, 5pm – 7pm, The University of Law. FREE for students only LGBTQ+ Sub-Committee Launch Party sponsored by Higgs LLP, Idex Legal, No5 Barristers’ Chambers and Shoosmiths 15th February, 6pm – 8pm, Shoosmiths.

FREE for members | £10 +VAT for nonmembers Lunch Club with Executive Coach Rebecca Mander, 21st February, Rudy’s Pizza Napoletana. 12pm – 2pm, £20 +VAT for members | £25 +VAT for non-members Networking Social for Lawyers sponsored by 3PB Barristers 29th February, 6pm – 8pm, 3PB Barristers.

FREE for members | £10 +VAT for nonmembers International Women’s Day Celebration 2024 sponsored by Shoosmiths EmpowHERing Together: Unleashing the Power of Inclusion on International Women’s Day 7th March, 12pm – 2pm, Shoosmiths. FREE for all to attend

CHRISTMAS SOCIAL

Birmingham Legal IT Tech Clinic Transforming Legal Landscape Through Technology in partnership with Access Managed Services 12th March, 4pm – 7pm, Mills & Reeve.

FREE for all to attend 2024 Legal Awards 14th March, 6.45pm – 1am, ICC. £120 +VAT for member ticket | £150 +VAT for non-member ticket St Patrick’s Day Breakfast Networking 19th March, 8.30am – 10.30am, Venue TBC. FREE for members | £10 +VAT for non-members AI and the Legal Industry; Friend or Foe sponsored by Irwin Mitchell 20th March, 5.30pm – 7.30pm, Irwin Mitchell. FREE for junior members only (0-5PQE plus trainees, paralegals and apprentices) HOLD THE DATE: President’s Dinner, 7th June 2024 To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk

COLP COFA FORUM 6

birminghamlawsociety.co.uk

EVENTS DATALAW SOLICITOR APPRENTICESHIP LIVE WEBINAR

NETWORKING SOCIAL

THE PATH TO PARTNERSHIP AND BEYOND

LEGAL LUNCH ROUNDTABLE WITH BIODIVERSITY NET GAIN DISCUSSION

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NEWS

CITY LEGAL EXECUTIVE JOINS NATIONAL YRES COMMITTEE Stacey said: “I am excited to join the YRes committee and assist junior members in sharing their experiences, concerns and ideas while developing their skills and knowledge in a friendly and supportive environment.

YRes, a network of family law professionals at the start of their careers, has appointed Stacey Collins to its growing committee.

The junior arm of the national Resolution organisation, YRes, ensures young and junior members are a part of the work Resolution does in promoting a constructive way of resolving family law issues.

A trainee legal executive at national law firm Clarke Willmott LLP, Stacey Collins’ role will involve assisting in delivering Resolution’s code of practice and encouraging other family lawyers to join the committee.

Stacey has 23 years of experience in family law and works closely with Clarke Willmott partners Rayner Grice, Caroline Young and Adam Maguire, who is the current Chair of Resolution West Midlands.

“Like many of my colleagues at Clarke Willmott, I truly believe that a non-confrontational approach to family law issues produce better outcomes for separating families and their children. Resolution’s commitment to supporting lawyers and their clients work in this way is fantastic and I’m pleased to be involved.”

Resolution has 6,500 members of family law professionals, who work with families to resolve issues in a constructive way. Founded in 1982, the organisation also campaigns for improvements to the family justice system.

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton and is this year celebrating its 135th anniversary.

For more information visit www.clarkewillmott.com

WILL AID SUCCESS

For the first time in its long history Adcocks Solicitors in Lombard Street was delighted to announce that it was taking part in Will Aid. The initiative saw Adcocks’ solicitors donate their time for free to write professional wills in return for donations throughout November.

The cash raised, over £1500, will now be split between 9 charities, which include ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children and Sightsavers.

Solicitor Kerry Davies, who is head of Adcocks’ Private Clients’ Department, which took part in the month-long campaign, said: “This is such a positive and incredibly rewarding way to start to a new year and we are thrilled to have been able to raise over £1.5k for this exceptional campaign.”

For more information on Will Aid or to sign up to the scheme please visit www.willaid.org.uk.

LAWTECHUK OPENS ECOSYSTEM TRACKER

and scaleups to build knowledge and awareness while also highlighting the opportunities for growth in the sector. Current growth areas include “access to justice” or “unmet social needs” where the lawtech offering for the general public is much less advanced than business solutions. In addition, the LET has been built to encourage smaller law firms who do not have their own inhouse capability to explore what tech platforms could be useful to them in terms of growth and productivity.

LawtechUK, the Ministry of Justice (MoJ) backed initiative, has opened access to the first LawtechUK Ecosystem Tracker (LET) featuring over 350 lawtech companies which are active in the UK. The LawtechUK Ecosystem Tracker has been designed to facilitate connections and growth of lawtech in the UK by providing information on the sector’s startups 8

Data includes categorisation of the lawtech businesses (b2b or b2c); their technology (stack and purpose); year founded; investment raised; company size and region – all of which is fully searchable with lawtech companies able to request updates or amendments. With over 70% of the listed lawtech companies founded in the UK, the Tracker will help identify gaps in the market and highlight any potential sector issues to address. birminghamlawsociety.co.uk

NEWS

FIRM SEES IN THE NEW YEAR WITH PROMOTIONS AND NEW HIRES of general commercial disputes, including cross border issues, M&A transactions, shareholder claims, and commercial contractual claims. He also advises clients in relation to data breach and cyber liability related issues.

Irwin Mitchell has announced the promotion of Birmingham-based partner Elaine Huttley to the role of National Head of Employment.

Elaine has been at Irwin Mitchell for seven years and as part of her new role, she will lead the firm’s award winning 14 partner, 70-strong national team.

Expressing her excitement about her promotion, Elaine stated: “I am truly honoured to have been promoted to the position of National Head of Employment at Irwin Mitchell. It is a testament to the support and opportunities I have received during my time with the firm. I am eager to continue working with the talented team and delivering exceptional service to our clients.”

She added: “My approach has

always been to work in partnership with clients and to understand their business so that the advice I provide is relevant, practical and commercial. Our success as an employment team is because we aren’t just good at the law, which is a given, but more importantly our clients consider our lawyers to be trusted advisors and an extension of their own internal team. As we move forward, I look forward to building on these successes and to continue to grow these important relationships.”

The firm has also announced its first senior appointment For 2024 with Garon Anthony as a partner in its commercial disputes team.

Moving from Knights, where he was a partner, Garon specialises in advising clients on a wide range

Garon handles financial services disputes within the banking, pensions, and investment sectors.

He also represents firms and senior officers who are under investigation by financial services regulators such as the FCA, the PRA, the FRC, and overseas regulatory authorities.

Commenting on his appointment at Irwin Mitchell, Garon said: “Irwin Mitchell has an outstanding reputation in the field of commercial disputes which when coupled with their ambitious growth plans, made this opportunity truly exciting for me.”

The firm also announced the recruitment of seven regulatory lawyers from Ince & Co. Led by partners Philip Somarakis and Colette Kelly. Other senior hires include construction & engineering partner, Joanna Preece, construction partner Robert Tunningley, banking partner Jeremy Ladyman, two corporate/property tax partners, Kate Featherstone and Jennie Newton, and Real Estate Disputes partner Will Scott.

FURTHER PARTNER HIRE FOR SHOOSMITH’S REAL ESTATE

Shoosmiths has welcomed a new partner to its national real estate practice.

Chris Morris joins the firm’s Birmingham office from Gowling WLG where he spent over 16 years advising developers, operators and investors on major regeneration schemes and real estate transactions.

assets, having supported operators and investors in these areas for many years. He brings a wealth of experience and market knowledge to Shoosmiths, adding further depth to the real estate team and also supporting existing client projects.

This appointment further enhances Shoosmiths’ real estate team, which welcomed six new partners and legal directors in 2023 - most recently hiring construction and engineering partner, Jody Kite, who arrived at the firm from national developer Dandara. Chris brings specialist experience advising on build to rent and data centre

Chris Morris, said: “I’m thrilled to join Shoosmiths’ real estate practice and a team that is truly making a difference in the property industry.

The firm’s commercial approach goes beyond simply advising on ‘the law’, which considering current challenges, is more important than ever.”

@birminghamlawsociety

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BOOK NOW! Don’t miss out on your chance to attend the biggest and best event in the West Midlands legal calendar.

Tickets for the Birmingham Law Society Legal Awards 2024 are on sale now.

The Awards, now in their 22nd consecutive year, will shine the spotlight on the firms, teams and individuals who have excelled over the past 12 months.

Guests will enjoy a pre-dinner drinks reception from 6:45pm, followed by a four-course meal called at 7:30pm.

Please see overleaf for details on how to book your tickets.

Booking Form >

NEWS

HOW TO CLAIM SQE FUNDING PER EMPLOYEE

The Solicitors Qualifying Examination (SQE) has revolutionised the process of qualifying as a solicitor in the United Kingdom. A crucial aspect for both aspiring solicitors and law firms is the funding now available for SQE training through solicitor apprenticeships. In this article we will explore how your firm can claim up to £27,000 funding per new and existing employees through Datalaw’s Solicitor Apprenticeship route.

Education & Skills Funding Agency The funding available for law firms and aspiring solicitors is provided through the Education & Skills Funding Agency (ESFA). As an approved training provider by the ESFA, Datalaw can provide the training and claim this funding directly from the government on your practice’s behalf.The funding

for the Solicitor Apprenticeship will help cover the cost of essential resources for aspiring solicitors including the cost of the SQE 1 & 2 exams (£4,564) and SQE preparation costs (over £7,200).

Solicitor Apprenticeships & SQE Route Solicitor Apprenticeships offer a six-year route to becoming a qualified solicitor, blending practical law firm experience with academic study to meet the same standards as university-educated legal professionals. Funded by the Education & Skills Funding Agency (ESFA), these apprenticeships cover training, assessment, and SQE exam costs, easing the financial burden for employers. A significant benefit of the Level 7 Solicitor Apprenticeship is its emphasis on practical skills and hands-on legal experience, which is highly prized in the legal sector.

Funding for Graduate Solicitor Apprenticeships The Graduate Solicitor Apprenticeship is a progressive pathway tailored for individuals who have already completed a university degree and are seeking to qualify as solicitors. This apprenticeship typically spans two to three years, during this period, apprentices work in a law firm while preparing for the Solicitors Qualifying Examination (SQE).

How Your Law Firm Can Claim Funding As per the latest changes from the SRA, any graduate from this year looking to qualify or undertake a training contract as a solicitor will have to do it under the new Solicitor Qualifying Exam (SQE) route.

The great news is that trainee solicitors can now be funded via the Education Skills Funding Agency (ESFA) and our latest partnership Datalaw are hosting a live webinar on Wednesday 24th January at 1pm for all Birmingham Law Society members to explain how your legal practice can take advantage of this funding.

To book your space please visit https://pages.datalawonline.co.uk/ birmingham-law-society/

PROBATE APPLICATION TIMELINE UP 152% SINCE START OF 2023

Research by probate brokers Final Duties, reveals that the timeline for probate applications has stretched to 12 weeks having increased by 152% since the start of 2023.

The latest data for Q3 2023, shows that it took an average (median) of 12 weeks from submitting a probate application to a grant being issued.

This marks a 6.4% quarterly increase versus Q2 of last year following a huge 136% increase between Q1 and Q2. As a result, it now takes six weeks longer to gain a grant than it did at the start of 2023, which is itself an increase of 152%; the longest time frame since 2019.

Final Duties analysed the latest UK Government data relating to probate processing time to see how the time it takes between submitting a probate request and gaining a grant has changed.

Common causes for the evergrowing timeline are suspected to include communication and technical issues between clients, probate professions, and the government, as well as a lack of

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His Majesty’s Courts and Tribunals Service (HMCTS) staff to deal with problems as they arise.

Not only are staff numbers currently inadequate, but they are dealing with higher demand. 2023 pro-bate applications are estimated to have increased by 5% in 2023 compared to 2022, having already increased by an average of 3% every year since 2020. This strain is only likely to increase further as we enter into the new year, as previous research from Final Duties has revealed that the first three months of the year are traditionally the busiest time for new probate applications.

birminghamlawsociety.co.uk

UPDATE

REFLECTING ON MY JOURNEY AND WHY EDI MATTERS TO ME

organisational skills and fierce feminism, from my Mum. She worked in a school and had a diverse friendship group there. My Mother called out injustice and really shaped my mindset and approach to equality. I see this now in my 11 year old daughter who questions injustice at school and calls it out. I fear she may become a lawyer...

Many of us may have started January with plans to refresh our objectives, get fitter, healthier or more organised. When reviewing my objectives and plans, I have reflected on what matters to me. As my daughter gets older and is questioning why I do certain things, (especially those that involve time away from home), I have considered my role as Chair of the EDI committee and BLS in general.

For me, (and this is a very personal view); this work matters. Equality Diversity and Inclusion matters to me.

I am a working mother, with a disability, who was 1st generation to go to university with no connections in law at all. I am now a Solicitor working in a University as Reader in Legal Education. It is still slightly amusing to me.

I still feel like an imposter occasionally, but I am learning how to handle that.

I started my legal career wanting to effect change and to help those who could not afford to access legal advice. Growing up in a working class family where my father’s job provided us with accommodation in a very affluent area of London, I had friends from very different backgrounds to my own. Some of their parents were affluent professionals, most lived in the council estates adjoining the area. My parents never ever questioned my wish to go to university. Neither really understood what it would mean, but saw education as the route to future success. When we needed legal help, we went to the CAB. We didn't know how to ask a lawyer for help and certainly didn't have the money to sort out our housing issue when my dad retired and we were to be rehomed to a flat in a rough area of London.

Reflecting on why I do my voluntary work for BLS, it is because I want to help others. I have realised that my parents were role models for me. The work ethic, openness and lack of judgment I take from them both.

The sociability and humour from my Dad; the worries,

Now as a 50 year old women with a teaching role, I have both the opportunity and responsibility to encourage and influence others, as well as to call out perceived inequalities. I feel it is appropriate that we challenge why things work in an unequal way. How we should promote equality of opportunity by countering unconscious bias derived through a lack of understanding of the views of others and the barriers they may face. As an educator I am constantly learning, especially from my students.

The EDI subcommittees at BLS are doing amazing work, promoting best practice as well as educating others; all on top of demanding jobs in the legal sector. I have watched as many members of these committees have made a real difference in inspiring others, as well as disseminating good practice.

I now realise I have inadvertently become a role model and that responsibility is huge. The work I do at BLS in talking about my lived experience, helping to support others and keep EDI on the agenda is, I hope, in a small way ensuring greater equality of opportunity and helping members and non members to ask questions and learn about equality and diversity in a safe space. There is much to do, but I can see through the actions of many within BLS we are helping to encourage a diverse range of voices to be heard and listened to. Let’s keep talking about EDI and why it matters to everyone.

So, take a little time to reflect on your own journey and what you may seek to offer to help others by educating others or seeking to find out more about the barriers others face and questioning your own unconscious biases. The Law Society has an old article with a link to a test from Harvard which is interesting but there are lots you can take- 5 steps to reduce unconscious bias in your workplace | The Law Society If anyone would like to join us in distributing the Judge Brenda books to primary schools with Birmingham postcodes and help to shape the view of younger children as to what lawyers do and what we look like, please contact me for details as we have many books and schools still available. We also have a range of EDI events taking place over the next few months so do come along to SAIL on 6th February and help students, or come to the LGBTQ+ launch party on 15th. Check the Events pages on the BLS website for details of more events.

Catherine Edwards c.edwards@keele.ac.uk Chair- Equality Diversity and Inclusion Committee

@birminghamlawsociety

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NEWS LAW SOCIETY HIGH COURT VICTORY: GOVERNMENT MUST RETHINK CRIMINAL LEGAL AID FUNDING BEFORE SYSTEM COLLAPSES “We are already seeing that there simply aren’t enough solicitors to represent suspects at police stations and magistrates’ courts day and night across the country. This situation will only get worse with potentially dangerous consequences for society.

“The imbalance between the defence and the prosecution will continue to grow and public trust in the criminal justice system will continue to fail.”

The Law Society now wants the government to ensure that the key recommendation of the independent review – a 15% legal aid rates’ rise – is implemented for solicitors as soon as possible. They must also commit to ensuring that criminal legal aid rates become and remain economically viable in the long term.

The Law Society has urged the Lord Chancellor to safeguard the future of criminal legal aid following today’s victory in the High Court.

The Society took the government to court after it failed to increase criminal defence solicitors’ legal aid rates by the bare minimum 15%, as recommended by the independent review of criminal legal aid.

Lord Justice Singh and Mr Justice Jay today (31 January) ruled that the decisions on CLAIR were irrational and that the Lord Chancellor made insufficient enquiries as to the state of the criminal legal aid sector before making them.

The Court observed that it had been presented with an “impressive, compelling, body of evidence” which showed “the system is slowly coming apart 14

at the seams”. “Unless there are significant injections of funding in the relatively near future, any prediction along the lines that the system will arrive in due course at a point of collapse is not overly pessimistic.”* “We are delighted the High Court has recognised that then Lord Chancellor, Dominic Raab’s decision was irrational,” said Law Society of England and Wales president Nick Emmerson.

“We may have won the court battle but it’s the public who will lose out in custody suites and courtrooms across the country unless the government takes immediate action to stop the exodus of duty solicitors from the profession.

“1,400 duty solicitors have left since 2017 because the work is not financially viable.

“It must be remembered that Lord Bellamy made that recommendation more than two years ago and said it was the bare minimum needed,” added Nick Emmerson.

“Reversing Raab’s irrational decision would be an important step to demonstrate the government is serious about ensuring that we may once again have a criminal justice system worthy of the name. A system which works effectively and efficiently needs to attract and retain lawyers on both sides to ensure balance between defence and prosecution.

“We are keen to work with the Lord Chancellor to help take the necessary steps to safeguard the future of this crucial profession.”

The judicial review hearing took place from 12-14 December 2023. The judgment was handed down today (31 January). Read it here birminghamlawsociety.co.uk

Empowering legal experts to navigate climate change challenges.

Landmark Information not only offer climate change reports but also sustainability consultancy.

Our CPD-accredited sustainability training workshops cover a range of essential topics, catering to professionals at different stages of their sustainability journey: 1. Climate Change Courses: These sessions provide a solid foundation in understanding climate change, its legal framework, and its implications across industries. By the end of the course, you’ll be well-prepared to advise your clients confidently.

2. Net Zero Workshops: Designed for those embarking on their net-zero journey, these workshops guide you through the intricacies of recording, compliance, and setting science-based targets.

For more information visit

3. TCFD Workshops: For firms looking to disclose climate-related risks and opportunities, our TCFD workshops offer the knowledge to understand financial exposure and build resilience for the future.

4. ESG Workshop: If you’re involved in ESG due-diligence for corporate transactions or advise on mergers and acquisitions, these workshops are tailored to meet your needs, including those with private equity and investment clients.

landmark.co.uk/sustainability-training-services

NEWS LEGAL COMMUNITY MOURNS THE LOSS OF A “TITAN”- BRENDAN FLEMING the importance of making a Will, enabling many clients to make a Will for the modest sum of £0.01p.

By the 1990’s, Brendan had offices across Birmingham, which included the City Centre, Chelmsley Wood, Northfield and Castle Vale. He had a large Family practice as well as covering other areas of law, such as Conveyancing, Wills and Probate, Civil Litigation, Crime, Housing and Welfare Benefits. By this time, Brendan had also set up a specialist Domestic Abuse Suite where the victims of domestic abuse could seek advice and support in comfortable surroundings.

He regularly ran advertisements on BRMB radio, advertising the service, which led to the then Head of the team becoming the ‘voice of the business’.

Brendan Fleming, aged 75, passed away unexpectedly on 31 December 2023 at his family home in Omagh, Northern Ireland.

Brendan was born in 1948 in Ireland to parents, Patricia and Edward Fleming. He was the eldest of three sons.

At the age of 4 years old, Brendan and his family moved to Small Heath, Birmingham, and was educated at the Holy Family Catholic School before later attending a private Catholic school in Dumfries, where he was taught by a religious order.

It was this school that Brendan would credit his successes to.

Following his time in Dumfries, Brendan then studied in Germany at a Monastery and whilst many believed he was destined to become a Monk, Brendan believed his path would be different. For this reason, Brendan later returned to Birmingham where he started his legal journey in his teens.

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Brendan first worked with a local law firm, Eagle & Boyers, and from there he then joined Howard Wynchenk & Co based on Corporation Street, Birmingham.

In 1982, Mr Wynchenk announced his intention to retire and to sell the business and so Brendan invested his entire savings and everything he had in order to purchase the practice- this was the start of the new business known as Brendan Fleming & Co Solicitors.

Throughout his entire career, Brendan’s ethos was to represent the ‘working man’ and those most vulnerable within society. He did not like the idea of families being charged excessive fees to gain access to legal advice and so,he developed a legal aid practice with a nationwide reputation, pioneering fixed fee consultations for clients who did not qualify for legal aid. Brendan also ran a hugely successful annual campaign highlighting

The City Centre and Chelmsley Wood offices both had a crèche that was run by qualified nursery nurses enabling parents to attend for appointments or Court without the worry of having to find appropriate childcare. For a time, Brendan even had an onsite chef providing meals for his employees! Brendan’s success and reputation spread across the globe which, at a time, led to him nearly becoming the subject of a Hollywood movie with Tom Cruise being expected to play Brendan, following his representation of British youngsters on death row in Thailand.

Brendan’s working ethic was a simple one; ‘play the game, but play to win’. His good humour meant that this slogan appeared on mugs and t-shirts, with such t-shirts being worn by his employees at match days of the small local football clubs that Brendan sponsored.

During the noughties, Brendan downsized and moved his offices to Newhall Street, in the birminghamlawsociety.co.uk

Jewellery Quarter. The practice now specialises in Children’ Law, both Public and Private with a smaller department to deal with Divorce and Finances.

Brendan prided himself on offering a down to earth, affordable legal service where the client was King. He believed in his clients and often provided practical support as well as legal advice throughout their journey with the firm.

Both publicly and privately, Brendan was a raconteur who loved to talk and entertain.

However, at heart, he was a committed public service lawyer who worked very hard in all that he did.

In later years, Brendan’s passion of the water led to him inland river cruising all across the UK and sailing around the Mediterranean. It was this sense of adventure that had also seen Brendan play tennis and run marathons all across the world and travel by campervan throughout Europe. His passion for travel resulted in him becoming a successful investor

in real estate before eventually focussing on the holiday rental market within investments in the UK, Canada and Turkey.

It was Turkey that became the home to Brendan and his family, however, more recently, with a desire to provide his children with an education similar to the one he was provided with, he provided his family with a home in Ireland which is where he took his last breath, passing peacefully in his sleep, surrounded by those who loved him dearly. His death was sudden and difficult to accept, especially by those who had witnessed him working all over the most recent Christmas period, right up to the day before his passing.

Brendan was ‘an institute in Birmingham’ and we will not see his like again. He truly was a unique and exceptional solicitor, a formidable boss, an inspiring and trusted mentor, and an unwavering friend.

He will be much missed by all that had the pleasure and honour of knowing him. He leaves behind a practice with a

national reputation in the field of Childrens’ law and for that those that continue to work at Brendan Fleming Solicitors they will no doubt maintain his commitment, determination, and passion to ensure that his legacy continues.

A funeral will be held at St Chads Cathedral (St Chads Queensway, Birmingham, B4 6EU) at 10:00am on Friday 16 February 2024 followed by a pass and pause at St Andrews football stadium and a Wake at the Button Factory (25 Frederick St, Birmingham, B1 3HH) from 1:00pm. The family invite those who knew Brendan to join them in remembering him and celebrating his life.

Messages of condolences can also still be left via the website page using the link here. The physical condolences book will also remain available to sign at the offices of Brendan Fleming Solicitors (165 Newhall Street, Birmingham, B3 1SW), until 15 February (Monday to Friday 9am to 5pm).

SPECIALIST CARE TEAM LAUNCHED IN BIRMINGHAM recruitment by appointing three experienced solicitors in family and care matters as it looks to support hundreds of parents in Birmingham and Solihull.

One of the West Midlands’ fastest growing law firms has launched a dedicated care team at its Edgbaston office.

One of the West Midlands’ fastest growing law firms has launched a dedicated care team at its Edgbaston office.

Talbots Law, which is an employee-owned trust, has capped a strong year of

Natasha Chand, Kayleigh Hodges and Nicole Adcock have more than 20 years’ expertise in this specialist field between them and have been tasked with developing a dedicated offer for families in the city and surrounding area.

The trio offer specialist legal advice from the minute parents receive a pre-proceedings letter from a local authority right through to court proceedings, ensuring the best possible outcome for the families and the children.

The new appointments will be able to call upon the backing of Talbots Law, which has grown over 22% in the last year – a combination of organic expansion and the strategic acquisitions of Sarginsons in Coventry, Wright Solicitors in Bewdley, and Scaiff LLP in Worcester.

They will also be able to share resource and the knowledge of an established care team based out of the firm’s offices across the West Midlands and specialist private family law advice from Associate Solicitor Jennifer Brook, who is also based in Edgbaston.

@birminghamlawsociety

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SPONSOR NEWS

IDEX CONSULTING ANNOUNCED AS NEW BLS SPONSOR How do IDEX Consulting work with Legal businesses?

Our legal team work with clients across the UK, Europe and internationally to find and hire top talent who add long-term value to any firm or business.

Our strong relationships with leading law firms and in-house legal teams across a range of business areas, including; financial services, insurance, construction and property, means we have unparalleled access to a range of specialist talent in the market.

IDEX Consulting, an awardwinning recruitment consultancy, has recently signed a new partnership with BLS. The consultancy supports businesses and professionals across the private and in-house legal market to source top talent or find their next career opportunity.

In this recent interview, Luqmaan Ayaz, Business Manager for the Birmingham Private Practice shares his thoughts on IDEX’s new partnership with BLS, as well as what the IDEX Consulting Legal team do and the value they add to legal teams.

Who are IDEX Consulting?

IDEX Consulting is an innovative, independent recruitment and business growth consultancy.

Since 2006, we’ve worked with talented individuals at the heart of the legal sector, helping them to realise their career ambitions and secure a role that is right for them. It’s incredibly important to us that we support individuals to find a job role that not only matches their career aspirations but also lifestyle and personal needs.

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Our recruitment consultants have extensive knowledge of the legal profession, which allows them to offer a tailored approach to suit the individual requirements of our clients and those looking for a new role.

We cover positions from newly qualified solicitors to senior lawyers and partners, as well as General Counsel.

How do IDEX Consulting help people looking for a new job?

We have arguably the largest team of seasoned recruiters across the UK, with 10 dedicated consultants and a combined 125 years of experience! Our consultants will arrange a time to speak or meet with you on a confidential basis to best understand your situation and goals. This might include things like; frustrations around your ability to progress, concerns over the culture at your current company, inflexibility around office presence, feeling underpaid or even if you just want to get a bit of a feel for what your peers at other firms are doing! Having understood your concerns, we will devise a plan of action with you, based on our detailed understanding of the market. We’ll then reach out to desirable employers who will be best placed to provide the platform to help you

achieve your career ambitions.

We have excellent relationships with Senior Partners, General Counsels, Heads of Department and Recruitment Advisors to ensure your profile is sitting in front of the right person. Once introduced, we will remain in constant communication with you throughout the interview process, providing crucial interview prep and acting as a sounding board to help you secure the perfect offer of employment.

What’s the benefit of working with IDEX Consulting?

We are in your corner! We are 100% dedicated to help you achieve your goals. 97% of the people we’ve assisted in securing new roles are still in place after five years. We’ve seen and done it all, whether you are a NQ seeking your first role, an Associate seeking to progress or a Senior seeking to break through the Partnership barrier, we can help you.

Why are IDEX partnering with BLS? The BLS is the largest regional society of its kind, representing more than 9,000 legal professional across Birmingham and the Greater Midlands.

Having been headquartered out of Birmingham since 2006, IDEX is very keen to invest and partner up with a society who shares the same core values of community, advocacy and excellence, in dedication to championing and supporting lawyers across the Midlands.

What’s the current Legal market like?

On the back of the recordbreaking hiring boom in 2022 across the Midlands, it’s no secret that recruitment across almost all legal markets took a significant hit in 2023. With a number of firms having birminghamlawsociety.co.uk

NEWS

BLS VACATION SCHEME overindulged in 2022 on the recruitment front, utilisation rates began slipping in 2023 as financial markets struggled to recover as quickly as everyone expected. Historically, it’s almost always been the case that demand for lawyers has remained greater than the number of lawyers available in the market, but in the last year or so this has changed dramatically. We are now seeing an increasing number of lawyers actively seeking new roles, only to find significant competition for opportunities.

Thankfully, as we head into 2024, it seems that the worst is behind us! In the first two weeks of January alone, IDEX have been instructed on over 20 vacancies in Birmingham across a number of disciplines. The vast majority of these positions would suit individuals between 3-8PQE. On the more senior end, the appetite to recruit new Partners has continued to remain high, particularly in sectors such as Corporate, Employment and Litigation.

Any advice you’d give to a professional looking for their career move?

Given the nature of the work Lawyers undertake, you’d be surprised at the number of Lawyers who do not do their due diligence when working with a recruiter! It is imperative that you work with a professional and a dedicated expert who prides themselves on their consultative nature and has a track record of success in your market. Take the time to really quiz the individual you are entrusting to help you achieve your career goals – it’s not something you can afford to get wrong! I would fully expect my representative to be able to provide a thorough insight into the profile of the firm and hiring Partner, team structure, chargeable hourly targets, salary banding, bonus structure, promotion triggers, culture and agile working policies, as a bare minimum. If the individual is unable to answer any of the following, I would think twice before consenting to their representation.

How can a business or professional learn more or get in touch?

Just drop me a line, on 07425 806 576 or email me at luqmaan.ayaz@idexconsulting and I’d be happy to have a confidential chat. We have access to the latest market insights and developments which we can discuss further.

Building skills, confidence, and Networking for future success.

Participating in the Birmingham Law Society has truly been a transformative experience for me as a final-year law student.

It has not only provided me with invaluable industry insights but also equipped me with essential skills that are often overlooked in traditional academic settings.

The December session was a game-changer, offering profound insights into building confidence, assertiveness, and resilience. As a student, it’s easy to dwell on the challenges of pursuing a degree, such as grades, rejections, and the constant comparison with peers. However, the Positive Activity Log introduced during the session was a revelation, enabling me to shift my focus towards acknowledging and celebrating my achievements.

This positive mindset is crucial in the legal profession, where resilience and perseverance are defining factors in navigating challenges.

The January session delved into the development of skills for effective communication, advertising, pitching, and networking—areas not typically covered at the undergraduate level. These skills are undeniably essential for future success, especially when articulating why one should be the preferred candidate in job interviews. As an aspiring barrister, these sessions have improved my confidence, particularly in networking, allowing me to connect with fantastic members of the Birmingham Law Society.

The vacation scheme offered by the Birmingham Law Society is something I highly recommend to all students aspiring to join the legal profession. It has been a fantastic opportunity for personal and professional growth, helping me refine skills I hadn’t initially considered necessary for my career. This experience has been instrumental in shaping my journey and I am grateful for the enriching insights it has provided. As I continue with the vacation scheme, I will write about my progress on LinkedIn – follow me for updates!

The BLS Vacation Scheme is open to student members of Birmingham Law Society. Please email events@birminghamlawsociety.co.uk for further information https://www.linkedin.com/in/imogenholland/

@birminghamlawsociety

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FEATURE

SOCIAL MOBILITY: MENTORING FAQS Accountancy | Architecture | Banking and Finance | Biology and Chemistry | Business | Digital | Engineering and Physics | Law | Media and Communications | Medicine | Politics There is also a no preference strand for those who are still exploring their potential career interests.

What do mentors and mentees talk about? The aim of the mentoring programme is to provide sixth form/ S5-S6 students access to a professional mentor who can advise and support them to develop key skills and areas of knowledge: by providing an insight into a professional career a student aspires to enter, helping their understanding on how to get there, and practice skills as students move through sixth form/S5-6 into post-18 options.

The Social Mobility Foundation (SMF), this year’s BLS President’s chosen charity, is a charity that aims to make a practical improvement in social mobility for high-achieving young people from low- income backgrounds. With the help of professionals, we support thousands of young people every year, who have the ability to flourish in the top universities and professions but who lack the encouragement and networks to help them get there.

reach the profession of their choice.

Students start on the Aspiring Professionals Programme (APP) when they are 16/17 and in their first year of A- levels/S5. We aim to provide students with a real insight into top professions and to provide them with the skills needed to achieve their aspirations. We offer support to students through our four pillars:

At least ONE of the following:

• • • •

A mentor from their chosen profession Work placements University application advice Professional skills development sessions

The mentoring support that is provided as part of the APP aims to provide practical support to help students 20

How are students selected? Students apply to the programme through our online application service in their first year of A-levels/S5.

Our eligibility criteria can be found online and below: •

•

Aged 16 or 17. In Year 12/13/S5 and have at least four passes at GCSE or equivalent.

Eligible for Free School Meals during secondary schooling OR: are care experienced.

OR meet at least TWO of the following: •

they are the first generation in their family to attend university their household income is lower than £45,000

•

their highest-paid parent or guardian's job is in our target occupation groups, or is unemployed

Students express an interest in one of our 11 career sectors:

Mentors advise students on a range of topics: increasing understanding of careers and professional life, helping guide the student through their time on the SMF programme, making the most of the learning opportunity and helping the student explore their professional interests further, and university applications.

We are not prescriptive regarding what you talk to your mentee about, as we think that all mentoring relationships are different based on the individuals in question. Ahead of the mentoring relationship starting we will provide more support around how to set objectives with your mentee and to focus how you support your mentee based on individual needs and your knowledge.

How are students matched with mentors? We match mentoring pairs primarily based on sector and career preference. As far as we can, we also match based on location to make it easier for mentors to meet their mentees. We use the information provided from when you originally signed up to volunteer and the student’s application form to make appropriate matches.

birminghamlawsociety.co.uk

FEATURE What experience do mentors need?

To be a mentor, you will need to have at least 6 months of experience of working within your professional sector, as increasing knowledge of the career sector will be the basis of the mentoring relationship. We also accept PhD students for our Biology and Chemistry sector and third year medical students and above for our Medicine sector.

SMF mentors come from all walks of life and you are not expected to have previous mentoring experiences.

Our mentors range from individuals in their first graduate role to CEOs. Each mentor will have their own experiences and knowledge to share with their mentee.

Do you need to have gone to university to be a mentor? The majority of SMF students aspire to go to university. We provide in depth university support to students and it will always be beneficial if you are also able to support this. However, you do not need to have gone to university to be an SMF mentor, and we will provide you further information about key dates and support you can provide in relation to this.

What commitment is expected from mentors? We ask for a minimum commitment of 15-30 minutes fortnightly for a duration of nine-ten months. You can stay in touch with your mentee after the cycle if you both would like to, but this is not compulsory. The recommended 15-30 minutes is meant to represent roughly one email exchange fortnightly.

This may vary according to the time of year - for instance, if you are particularly busy at work of if your mentee has exams.

Is it all online? The mentoring is predominantly email-based to make communication as convenient and easy for mentors and mentees.

All email conversations are via our secure mentoring platform to ensure safeguarding, evaluation, and enables us to support mentor-mentee relationships.

Despite communication running predominantly via on our online portal, we do encourage face to face meetings to compliment the email communication, if we are able to gain parental consent for this. We have been organising Zoom meetups for mentors and mentees during the pandemic, which take place throughout the cycle. These are sessions supervised by us to provide you with the opportunity to have virtual face to face interaction with your mentee and add more value as you build your online communication.

Please note that unsupervised video calls (not part of an SMF event) are against our safeguarding policy. We are more than happy to arrange phone calls, and just ask that you let us know in advance so that we can arrange parental consent.

When does the programme start?

Our sixth form/S5-6 mentoring cycle runs on a yearly cycle. We take on a cohort of students once a year in February. The next couple of months are spent making appropriate matches between students and mentors.

We launch pairs on a rolling basis from April until the end of May. This will then run until around the following January. At which point, we ask if pairs would like to stay in touch through exchanging email addresses.

If we are unable to match you initially, you will be kept on a reserve list to be matched to a student as soon as possible or we will get in touch to let you know about other SMF volunteering opportunities.

What support does the SMF offer?

Ahead of being matched to a mentee, you will receive: • • • • • •

Invitation to a mentoring launch event Mentoring handbook and orientation pack Tips for e-mentoring Our safeguarding policy Information about our secure platform and how to use it Every month you will receive

•

a mentoring bulletin which will contain SMF news, information about what your mentee’s focus may be, tips for successful mentoring, topics for conversation, and more.

What else can mentors do to help their mentee and other SMF students? We are always grateful for any support mentors can provide us in securing internships or by offering their mentee the opportunity to go into their workplace. If you are able to facilitate anything from half a day of shadowing to a week’s work experience, this can be very beneficial and insightful for your mentee. We are flexible in our approach and if mentors have any ideas for things that they feel would benefit their mentee, we do our best to accommodate them.

Other opportunities to support other SMF students will also arise throughout the year. We run a ‘Personal Statement Checking Service’ for sixthform/S5-6 students where volunteers can check and provide advice on a student’s personal statement. We run a ‘Recruitment Success Service’ for our undergraduate students where you can provide one-off support for example by: checking a student’s CV, providing a short mock interview, or having a quick conversation on career advice. You can also get involved with career talks and skills development sessions. We will email you about these opportunities periodically but do let us know if you would like further information in the meantime.

Sign-up If you are interested in signing up please complete the following form: https://socialmobility.tfaforms. net/f/smf-mentoring If you have any questions, please contact mentors@socialmobility.org uk, or read more about us at www.socialmobility.org.uk

@birminghamlawsociety

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NEWS

2024 BLS LEGAL AWARDS SHORTLIST REVEALED

Trainee Solicitor of the Year 2024 sponsored by The University of Law • Isabella Davies, Anthony Collins Solicitors LLP • Hannah O’Brien, Bevan Brittan LLP • Drew Wilson, Gateley Legal • Sarah Hall, Squire Patton Boggs (UK) LLP • James Statham, Weightmans LLP Paralegal of the Year 2024 sponsored by Landmark Information Group • Carrie Hu, Chase Morgan Solicitors • Dalbinda Gill, DWF LLP • Bria Hampson, Shoosmiths LLP • Lily Emmet, Weightmans LLP • Rikesh Chauhan, Weightmans LLP

68 individuals and firms have been recognised in Birmingham Law Society’s annual Legal Awards shortlist, which has been announced today.

The auspicious event is the crowning glory in the crown of the Birmingham Law Society – the largest and most vibrant local Law Society outside of London – and is a celebration of the best legal talent across Birmingham!

Head Judge Jabeer Miah, President of Northamptonshire Law Society alongside Jeremy Myers, Past President of Liverpool Law Society and Janine McKinney, Past President of Nottinghamshire Law Society gathered on 24th January to shortlist the 14 categories that make up the Birmingham Law Society Legal Awards 2024.

Jabeer Miah commented: “We were extremely impressed with the high quality of the submissions in 2023. All firms and individuals should be very proud of their submissions as it gave the shortlisting committee a very difficult but enjoyable challenge. Thank you to all participants.”

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President of the Birmingham Law Society, Alice Kinder added: “It is no surprise that the quality of entrants to this year’s Legal Awards is so high. Birmingham is blessed with some of the legal sector’s most influential and sector-leading firms and individuals – all of whom chose to flourish here in our city.”

The shortlist can be exclusively revealed below.

Outstanding Student Contribution of the Year 2024 • Gurpreet Chaggar, Aston University •Ruqayya Kalsoom, Aston University •Dana Burdan, Newman University • Alex Virdi, The University of Birmingham Law School • Eleanor Ford, The University of Law Apprentice of the Year 2024 •Hollie Ingram, Browne Jacobson LLP •Caira Baker, Capsticks Solicitors LLP •Ellie Brookes, Pinsent Masons LLP •Jai Akhurst, Squire Patton Boggs (UK) LLP •Tom Reeves, Weightmans LLP

Legal PA of the Year 2024 sponsored by the PA Forum • Carol Page, Chase Morgan Solicitors • Dawn Baggott, DWF LLP • Jodie Beckett, Eversheds Sutherland (International) LLP • Jemma Jackson, Tenet Compliance and Litigation • Kathryn Frost, Weightmans LLP Solicitor of the Year 2024 sponsored

by Dye & Durham • Marie Kilgallen, Irwin Mitchell LLP • Shereen Johal, Shoosmiths LLP • Jo Tunnicliff, Shoosmiths LLP • Joel Blake, The Wilkes Partnership LLP • Soyod Yasin, Wildings Solicitors LLP Junior Barrister of the Year 2024 (10 years’ call and under) • Grace Gwynne, No5 Barristers’ Chambers • Bethany Armitage, St Philips Chambers • Chevan llangaratne, St Philips Chambers • Matthew Cullen, St Philips Chambers • Callum Church, St Philips Chambers Barrister of the Year 2024 (over 10 years’ call) sponsored by Birmingham City University • Omar Sherif Ensaff, No5 Barristers’ Chambers • Jason M Hadden, St Ives Chambers Ltd • Ali Tabari, St Philips Chambers birminghamlawsociety.co.uk

• Sophie Garner, St Philips Chambers • Elizabeth Hodgetts, St Philips Chambers Partner of the Year 2024 sponsored

by JM Glendinning Professional Risks • Adam Maguire, Clarke Willmott LLP • Marissa Jacquet-Smoothy, Grove Tompkins Bosworth • Emma Rush, Irwin Mitchell LLP • Emma Louise-Hewitt, Sydney Mitchell LLP •Maryam Storr, Weightmans LLP In-House Lawyer of the Year 2024 • Sophie Samani, Henderson & Jones • Laura Stockin, Legal Ombudsman • Baljinder Singh Atwal, West Midlands Police Equality, Diversity and Inclusion Award 2024 • Birmingham Black Lawyers • Bila Law Academy • Gateley Legal • Pinsent Masons LLP • Weightmans LLP Pro Bono Award 2024 • Birmingham City University Law Clinic • Birmingham Law School’s Pro Bono Group • Family Advice Midlands • Shoosmiths & University of Law Small

Business Advice Line Partnership • The Litigation Programme Regional Law Firm of the Year 2024 sponsored by LEAP • Chase Morgan Solicitors • Davisons Law • Roythornes Solicitors • The Wilkes Partnership LLP • Wildings Solicitors LLP National Law Firm of the Year 2024 sponsored by St Philips Chambers • Bevan Brittan LLP • Gateley Legal • Shakespeare Martineau • Shoosmiths LLP • Weightmans LLP All nominees are invited to an in-person interview mid-February with judges from a range of backgrounds as featured opposite.

They will be joined by the shortlist judges Jabeer and Jeremy to identify the winner of each category which will then be announced on Thursday 14th March at the glittering awards dinner at the city’s iconic ICC venue.

PETER HILL TO HOST 2024 LEGAL AWARDS Born in Shropshire and based in Worcestershire, Peter Hill, AKA, Peter the Speaker has a background as both a stand-up comedian, public speaker and trainer. In 2018, he won investment in Dragons’ Den for his pet product inventions. His performance was published by the BBC under the title ”Dragons Floored by Entrepreneur’s Outrageously Confident Pitch” In 2019 he was awarded the title “North Worcestershire Entrepreneur of the Year” and is currently the “Entrepreneur in Residence” at the Library of Birmingham.

When he is not touring the country delivering highly engaging, interactive business skills training and team building activities, he can be found wild camping,

kayaking and trekking or just at home with his cats tinkering on his latest invention.

Peter said “Birmingham has a special place in my heart for the warm welcome I have always received here. It’s an honour to host this year’s awards and I hope I can help make it an inspirational and memorable evening for all.”

@birminghamlawsociety

MEET THE JUDGES SHORTLIST & FINALIST JUDGES Jabeer Miah – Head Judge, President, Northamptonshire Law Society Jeremy Myers, Past President, Liverpool Law Society Janine McKinney, Past President, Nottinghamshire Law Society FINALIST JUDGES Joanna Hughes, Founder and Director, Joanna Hughes Solicitor Apprenticeships Gaynor Williams, President, Liverpool Law Society Rebecca Mander, CEO, GuruYou David Anderson, President, Manchester Law Society Omar Rashid, Director, HR Dept

Henrietta Brealey, CEO, Greater Birmingham Chambers of Commerce Shanika Varga, President, Leeds Law Society Salma Maqsood, VicePresident, Bristol Law Society Anjum Khan, Director, Asian Business Chamber of Commerce Dan Bridgewater, Founder & CEO, Buckt Manesha Ruparel, Partner, Alexander & Co Diana Kirsch, Associate Dean, Hertfordshire Law School Daniel Skermer, Director, Founder & Coach, PA Forum

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NEWS

SRA ACCOUNTS RULES COMPLIANCE: A ‘HOW TO’ GUIDE BY NICOLA MOORE-MILLER, JAYVA keep client money safe, neglecting their regulatory duties and undermining public trust.

The compliance challenge If someone’s intent on defrauding, they’ll find a way to do it. Typically, the misappropriation of funds isn’t visible from standard accounting reports. Alternatively, a forensic audit of your books highlights discrepancies for earlier resolution – before potentially millions of pounds of debt and stolen funds build up.

The steps to compliance

Every SRA-authorised law firm is mandated to comply with the SRA Accounts Rules. Sadly, law firms are regularly found to be in breach of the rules. Breaches aren’t a small or big firm problem, they’re a human problem.

The human factor While breaches can be unintentional, often they’re deliberate. People get into dire financial situations or want a lifestyle they can’t afford. Whatever the issue and whatever the reason, client funds are seen as the easy money solution.

The aftermath of fraud Protecting client money is the first priority for law firms. According to the SRA Accounts Rules, consumer money is ‘sacrosanct’ and its misuse has serious consequences including SRA intervention, SDT referral, strike off, closure and criminal convictions.

There’s a good reason for this safeguarding focus and harsh treatment… the theft of client money causes distress and ruins lives. There are devastating implications of solicitors failing to 24

So, how do you keep your accounts clean and secure? Here are five tips: Tip #1: Make sure your financial management processes are robust Clearly documented, robust accounting controls, which are not just ‘assumed’ to be happening, but are checked by an internal audit function, go a long way towards compliance. Ensure you perform the right steps at the right time in the right way. Understand the SRA Accounts Rules thoroughly and introduce better processes for assured compliance. To achieve this goal, training of ALL staff, not just cashiers, is absolutely essential.

Tip #2: Assign roles, responsibilities and authorities Designate specific cashieringrelated duties to different people.

Also, set up controls in the form of authorisation levels and systems permissions to create boundaries and prevent corruption. These best-practice methodologies, crossreferencing checks and layers of approval act as a deterrent or, at the very least, allow you to notice anomalies before it’s too late.

Tip #3: Run an accounting health check Comprehensive health checks reveal vital business intelligence and compliance insights. Many

of the aforementioned problems would be headed off at the pass with this type of measure.

Recognising you may not possess these skills in-house, it’s worth knowing consultancies (such as Jayva) perform health checks comprising financial reviews, compliance analysis, reconciliation verifications, audit preparation and actionable reports to get your accounts shipshape.

Tip #4: Report breaches accurately and promptly While minor compliance failures only need to be recorded in-house by your COLP or COFA, serious breaches must be reported to the SRA. The SRA’s Code of Conduct dictates whether a breach is reportable or not and you’ll need to apply your professional judgement too. Strike the correct balance between reporting trivial oversights unnecessarily and withholding information about grave matters.

The latter scenario will cause the SRA to come down much harder on those concerned.

Tip #5: Carry out a best-practice study Tap into the expertise of external consultants and trainers (like Jayva) to look at your existing processes, and recommend improvements to and restructuring of day-to-day, month-end and year-end procedures – for optimum outcomes and guaranteed compliance.

The final words Instances of fraud are growing in volume. Most law firms have only good intent at heart, but breaches of the rules can and do happen.

The key is identifying, resolving and reporting.

To standardise and strengthen techniques for safer bookkeeping, email info@jayvaglobal.com or visit www.jayvaglobal.com/legalaccounting-consultancy-services. birminghamlawsociety.co.uk

Specialist training support for your law firm Harness the power of your technology Realise ROI from your software investment Thrive in today’s challenging legal space Benefit in many more, expansive ways

“The training of super users was a genius stroke. It spreads the technical know how around and prevents one sole person being inundated with system queries.”

Andrew Horwich, Symes Bains Broomer Solicitors “Our Jayva trainers showed us around the software features relevant to our diverse roles in practice. The staff are friendly and efficient which is a formidable combination.”

Andrew Gray, Truth Legal

Get in touch to learn more:

1. Rule 35 The Solicitors (Disciplinary Proceedings ) Rules 2019 2. Solicitors Regulation Authority Limited v Oliver Bretherton SDT 12355-2022 3. Lu v Solicitors Regulation Authority [2022] EWHC 1729 (Admin) 4. Homage to Catalonia, Appendix 1, page 1 (in the Penguin Orwell Centenary edition; formerly chapter V).

5. Solicitors Regulation Authority Ltd v Edward James Williams SDT 12360-2022 6. Solicitors Regulation Authority v Edward James Williams [2023] EWHC 2151 (Admin)

0333 20 20 995 | info@jayvaglobal.com | www.jayvaglobal.com/training-services

@birminghamlawsociety

25

REGULATION REPORT

OPEN JUSTICE & ANONYMITY IN THE SOLICITORS DISC

“Justice must not only be done but be seen to be done” is the foundation stone upon which the principle of open justice is based. Allowing the public to scrutinise and understand the workings of the law is said to build trust and confidence in the justice system. The Ministry of Justice launched a Call For Evidence on Open Justice in May 2023 to which the Birmingham Law Society responded in full, the results of which should prove interesting reading. The President of the Family Division has recently announced that journalists will be able to report proceedings in sixteen more family courts across England, a pilot having already taken place in three family courts.

Is nothing private? Asks Jayne Willetts Solicitor Advocate of Jayne Willetts & Co Solicitors Ltd. The courts do ultimately have an inherent jurisdiction 26

to decide how the principle of open justice should be applied. It is not an absolute right so when there is a specific legitimate justification i.e. to protect vulnerable parties a case may be held in private.

The Solicitors Disciplinary Tribunal (“SDT”) with its Panel of experienced practising solicitors and lay members has always been alert to the need for private hearings and anonymity orders in certain cases - whether for clients or for those appearing as witnesses or participating as respondents.

The SDT Rules provide that every hearing must take place in public and this includes Case Management Hearings as well as substantive hearings. Any person affected can apply for the hearing to be conducted in private on the grounds of exceptional hardship or exceptional prejudice. The grounds most often relied upon are that the solicitor appearing before the Tribunal is suffering from ill health such as mental health problems and the

publicity of the hearing would exacerbate his or her condition.

However, even if the hearing takes place in private, the judgment is still announced in a public session. Anyone planning to make an application for an anonymity order is well advised to apply at the earliest possible opportunity. Once the respondent’s name has been published on the listing section of the SDT website and a Case Management Hearing has taken place in public, the SDT is less likely to consider that the anonymity of an individual is necessary. By then the respondent’s details are out in the public domain so it would be a matter of shutting the door after the horse has bolted – so to speak.

The SDT can at any time, of its own volition, order that the hearing or part of it should be held in private if it is in the interests of justice to do so.

With many solicitors being unrepresented before the Tribunal due to lack of resources for legal costs, the Tribunal is birminghamlawsociety.co.uk

CIPLINARY TRIBUNAL

in the SDT judgment. The Judge criticised the SDT for agreeing to sit in private and to anonymise the two complainant firms of solicitors as well as the individual employees from those firms, as well as a barrister and an expert.

The Judge said that: “A common misconception is that if the identity of a person in legal proceedings is not directly relevant, there is no public interest in that person’s name being known. The justice system thrives on fearless naming of people, whether bit part players or a protagonist.

Open reporting is discouraged by what George Orwell once called a “plague of initials” .

Clarity and a sense of purpose are lost. Reading or writing reports about nameless people is tedious.”

always vigilant for any potential difficulties arising during the hearing.

The SRA’s focus on sexual misconduct cases provides an example of cases which are ideal candidates for anonymity orders. The victims would be very unlikely to give evidence in the Tribunal if their identities were not anonymised. The recent case of Oliver Bretherton is a case in point where the three female witnesses were referred to as Person A; Person B & Person C. Factors such as the age of the witnesses and the sensitivity of the very embarrassing evidence are always taken into account.

However, in 2022, the SDT was given a “dressing down” by the Administrative Court in the case of Linda Lu . Ms Lu was acquitted of all the allegations that she faced before the SDT. Her challenge and therefore her appeal to the Administrative Court was against the SDT’s decision to identify her whilst anonymising others mentioned

He went on to say that: “In my judgment, the sweeping anonymity orders in respect of the third parties ought not to have been made.

Courts and tribunals should not be squeamish about naming innocent people caught up in alleged wrongdoing of others. It is part of the price of open justice and there is no presumption that their privacy is more important than open justice.”

The Linda Lu appeal was heard in the Administrative Court in May 2022 but Mr Justice Kerr made no mention of clients and whether their anonymity should be preserved. In July 2022, the SDT considered an application by the SRA for anonymity orders for the clients of Edward Williams . The allegations related to misappropriation of client money and other breaches of the Accounts Rules. The evidence emanated from the client files and ledgers for various property clients.

The SRA has always referred to clients by their initials in SDT proceedings in order to protect their privacy. Clients expect their affairs to be kept confidential so unless the SRA approaches each client and asks for permission to name them publicly the use of initials is the preferred option. However, the SDT, conscious of the Linda Lu judgment and reference to the “plague of initials”, decided to refuse the SRA’s application for anonymisation of the individuals, companies and properties caught up in the allegations made against Mr Williams. Those clients would then have been referred to by name in the SDT’s judgment available to the public on its website.

The SRA appealed the SDT’s decision not to anonymise the clients. Mr Justice Julian Knowles held that the Linda Lu judgment was not a decision about legal professional privilege (“LPP”) and in fact LPP had not been mentioned once. The Judge said that the SDT’s “main error” was that a claim for LPP “does not involve the balancing of competing interests” and “either applies to a communication, or it does not”.

In allowing the SRA’s appeal to anonymise the clients, the Judge said that “LPP was absolute unless it was waived by the client”.

The principle of open justice has always applied but with the internet and social media the risks of harassment and plain breach of privacy are so much higher. A general awareness of these issues needs to be fostered by all those who become involved in disciplinary investigations in whatever capacity in order to protect the interests of clients, witnesses, and employees.

1. Rule 35 The Solicitors (Disciplinary Proceedings ) Rules 2019 2. Solicitors Regulation Authority Limited v Oliver Bretherton SDT 12355-2022 3. Lu v Solicitors Regulation Authority [2022] EWHC 1729 (Admin) 4. Homage to Catalonia, Appendix 1, page 1 (in the Penguin Orwell Centenary edition; formerly chapter V).

5. Solicitors Regulation Authority Ltd v Edward James Williams SDT 12360-2022 6. Solicitors Regulation Authority v Edward James Williams [2023] EWHC 2151 (Admin)

@birminghamlawsociety

27

OPINION

FOUR WAYS TO HELP YOUR TEAM EMBRACE NEW TECHNOLOGY

Training can and should be ongoing. You should also, as far as possible, be sensitive to the learning styles of your team. The broad styles are ‘auditory, visual and kinaesthetic’, which is to say people who learn best by listening, watching or doing.

Few individuals are exclusively one or the other, and there’s no need to excessively tailor your training, but it helps to teach people in a way that makes them comfortable.

‘Better the devil you know’ is a phrase that many people subscribe to. It’s also one that stifles innovation and experimentation. The Change Perception Index by psychologist Jim Bright found that:

are comfortable with the status quo.

• 32.2% of people are inclined to give up on something if they don’t see immediate results

So, rather than choosing technology and telling your team that it’s needed, start with your team’s challenges and look at solutions that address them (the WIIFM).

You probably have at least one partner who’s an excellent salesperson — speak to your team, discover their pain points and help them discover an appetite for change by switching to technology that’ll streamline and simplify their daily work.

• 21% report that they fear failure when they try something new

2. Involve your team in the choice of new technology

Bearing in mind those statistics represent a more general population sample and factoring in the legal profession is renowned for being particularly conservative, changing anything in your law firm is likely to be met with resistance.

Once your team are on board with the idea of change, you can consider specific legal software that offers the necessary change. Rather than making the choice and then announcing the new system to the firm, it’s more productive to seek people’s opinions during the project. Your team will buy in if they have a say in the tools they’ll use.

Otherwise, there’s a risk they don’t see the chosen solution as the best one and feel ignored or overlooked.

• 34% of people would avoid change if they could

That’s not ideal when you want to introduce technology as figures show that a third or more of your team are going to resist, protest or refuse new software.

To help a wary team to embrace change and adopt new technology: 1. Choose technology that solves your team’s problems 2. Involve your team in the choice of new technology 3. Train your team thoroughly with the new software 4. Phase in the new system 1. Choose technology that solves your team’s problems Resistance to new systems often takes the form of ‘What’s in it for me?’ (WIIFM).

From your team’s point of view, the system they already use might be perceived as just fine — ‘If it ain’t broke, don’t fix it’. They may see a new system as a solution to a problem that doesn’t actually exist. Change for the sake of change is not welcome when people 28

For the sake of efficiency, it would be a good idea to present a (quite short) shortlist of two or three pieces of software rather than consulting the team on the whole process. Then, you can invite whoever wishes to look at the website of the potential software, take a demo, and give their thoughts as to the strengths and weaknesses of each. Not everyone will get the choice they want, but a transparent and even democratic process will mean a lot more goodwill, and whatever choice you make the team will appreciate having been genuinely consulted.

3. Train your team thoroughly with the new software A one-off training session is almost certainly not enough to familiarise your team with a piece of technology, however intuitive it is. People will be used to working a certain way, and lasting change takes more than a simple tour of a system.

You could also consider ‘sandboxing’ the programs you use. It’s especially useful for people who like to learn by doing, but anyone can benefit from an opportunity to use a dummy version of the program to get comfortable with it. They’ll be free from the fear of messing up the firm’s system or data by doing something wrong, and be more willing to discover and experiment, thus aiding the learning process.

4. Phase in the new system Finally, if you can introduce your new system gradually, it can help any hesitant users adopt the technology more smoothly and willingly. If you give a timeline of when things will change, and how they’ll be different, your team can ready themselves, ask and learn what they need to know, and acquaint themselves steadily as the different phases of change take place.

It won’t always be possible to phase in your software, but you can still give your team a good period of notice so there’s no panic and no surprises. Spend that the notice period time in open dialogue, inviting questions, comments, doubts and concerns, and addressing them collaboratively and sympathetically.

How to set your tech up for success Legal tech fails when some see it as a solution, but others see it as a problem.

To find legal software that everyone is supportive of, you need to choose programs that answer your colleagues’ frustrations and show (rather than tell) how it’ll make their working lives easier.

Learn more about Quill Discover proud affiliate partner of the Law Society Quill’s software at www.quill.co.uk/legal-software and download ‘The Complete Practice Management Playbook’ at www.quill. co.uk/resources/the-complete-legalpractice-management-playbook. Quill is part of Dye and Durham, one of the world’s largest providers of cloud-based legal practice management software designed to make managing a law firm, organising cases and collaborating with clients easy. birminghamlawsociety.co.uk

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