BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
WE DO NOT TOLERATE RACISM OR INEQUALITY OF ANY KIND. JULY / AUGUST 2020
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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.
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A Message from our Officers.
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News. A round up of what's been happening at the Society, members' and city news.
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Opinion. Following the recent BLM protests, Yetunde Dania suggests a time of reflection.
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City News: What’s reopening and how to navigate a new normal in the city.
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Will Aid Needs You!
16-17.
Regulation Report. Jayne Willetts on Regulation for Litigators.
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Opinion. Socialising through Screens - is this the new normal asks Grace Mullis.
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Opinion. Diversity Does Not Equate to Equality writes Shaid Parveen.
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Opinion. Financing Law Firms Amidst a Pandemic by Augusta MD Ro
CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2020 - July 2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Pardeep Lagha- Gateley Plc and Stephanie Brownlees- Eden Legal Services Ltd The Board 2020/2021 Chair: Dee Kundi Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Finance Director: Ben Henry Director: Professor Luke Mason Director: Tony McDaid Ex Officio: Linden Thomas Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER A MESSAGE FROM THE OFFICERS 2020 continues to be a year like no other. On 25 May, in the midst of a global pandemic, another terrible news story hit the headlines that triggered an international response. That story was the tragic death of African-American man, George Floyd, who suffocated under the knee of a white police officer in Minneapolis. In the wake of George Floyd’s death, we have witnessed a remarkable response from individuals, corporations and communities around the world. The tragedy has propelled the Black Lives Matter movement into the spotlight and difficult but vital conversations are being held in the press, around the family dinner table, with friends and colleagues, in boardrooms and in classrooms about equality, inclusion, privilege, racism and anti-racism. I (Linden) have been struck by the bravery and grace of many colleagues and connections within the legal profession, who have taken to social media and other forums in recent weeks to share examples of the day to day racism they encounter in their personal and professional lives, in order to inform and to educate those of us who do not share their experiences and may, even sub-consciously, be guilty of perpetuating them. 4 www.birminghamlawsociety.co.uk
I recall a conversation I had with a friend of mine over a year ago. We are the same age. He is a lawyer and a partner in a UK law firm. He is also mixed race. He told me about something that had happened to him a few weeks earlier. He had decided to make the most of some rare downtime to head to the gym at his local health club where he is a member. After his workout he headed to the Jacuzzi to relax. Whilst he was in the Jacuzzi a couple of white men got in. They exchanged some pleasantries and in the course of the conversation, my friend asked the men what they did. They duly told him. Then one of the men asked my friend “do you work?” “Do you work?” Not, “what do you do?”. As my friend pointed out to me, “what kind of question is that!?” That story has niggled at me for over a year. Because of course, my friend was quite right. It belied an assumption, perhaps one that the person posing it had no idea he was making, that despite being in a very nice (i.e., pricey) health club and clearly of working age, my mixed race friend might not have a job. I had to ask myself - do I think that a white male friend of the same age would have been asked the same question, or been privy to
the same assumption had he been in the same situation? Honestly. I don’t think he would have. What is clear from the conversations taking place and from the testimonies I have read in recent weeks, is that this type of exchange is not unique. It is not even unusual. I am grateful to Yetunde Dania, Partner and Head of the Birmingham office of Trowers & Hamlins for sharing part of her own story with us in this month’s Bulletin. Yet Yetunde writes that, even in the wake of the tragedy of George Floyd’s death, there is cause for optimism. I am sure the person asking that question of my friend didn’t intend to cause offence and would not consider himself to be racist. But we all have our biases, unconscious or otherwise, and they manifest themselves in our words and in our actions. The conversations that are happening right now offer all of us an opportunity to challenge these, to check our own assumptions and to encourage others to do the same. Birmingham Law Society is a representative organisation. Representing the interests of our members is at the heart of what the Society does. I am incredibly proud of the strides the Society has made in recent years towards being truly representative of all those within, and those wishing to join, our legal community. We now have a Director, Karen Bailey, with a dedicated portfolio for equality, diversity and inclusion sitting on our Board. Our Equality, Diversity and Inclusion committee has also spearheaded a range of important and inspiring events and initiatives aimed at promoting greater inclusion and initiating challenging conversations and we are actively inviting members of our legal community to hold us to account and to let us know when we can do better and to ensure that all voices are welcomed and are listened to. We are keen to work in partnership and to learn from others. Hence, in 2019 we invited a representative from Birmingham Black Lawyers to hold a permanent co-opted position on our Council. I am delighted that Kishma Bolaji, co-founder and chair of Birmingham Black Lawyers, accepted that invitation. However, there remains more that we can do.
SUPPORTING MEMBERS THROUGH COVID-19 Birmingham Law Society is continuing to support our members through the ongoing challenges arising from the pandemic. We have facilitated a series of meetings for leaders from firms and chambers across the city to ensure we understand the issues that are most important to our members and are acting on them. Our representation work continues, with members of BLS committees sitting on a number of local forums, such as court user groups, to give voice to the views and experiences of the local profession. We also welcomed David Greene, Vice-President of The Law Society of England and Wales to our May Council meeting and were able to feed back several issues that our members told us they had been experiencing, with a request that these are raised with Government, HMCTS and other stakeholders as appropriate. We are committed to keeping our members up to date with developments in their areas of practice. In addition to the disciplinespecific e-updates you should be receiving, please also continue to refer to the COVID-19 pages on our website for the latest news and information from across the sector. Do also look out for our latest webinars and virtual training sessions. Finally, we continue to look for opportunities to bring our legal community together. From virtual yoga sessions to online quizzes, we are working to provide opportunities for our members to connect with one another. If there is anything else you would like Birmingham Law Society to be doing or any issues that you would like us to raise with external bodies on your behalf please contact us via the forum on our website or by emailing president@birminghamlawsociety.co.uk.
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As the Chair of our BAME sub-committee, Shaid Parveen, invites in her article later in this magazine, if you have suggestions as to what else Birmingham Law Society should be doing, initiatives you would like to see us running or events you would like to see us putting on, we would love to hear from you. Linden, Inez and Stephanie Birmingham Law Society’s Officers
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NEWS
TALBOTS NAMED BEST LAW FIRM TO WORK FOR IN THE BLACK COUNTRY being able to give something back, with over £50,000 raised for Birmingham Children’s Hospital in the last twelve months. The company has also been using its legal expertise to support frontline NHS workers during Covid-19, providing a free will writing service for doctors, nurses, hospital staff and ambulance technicians.Talbots Law made a string of senior promotions at the beginning of the year to help it oversee expansion across all areas of the business and a £2m increase in fees on the previous twelve months.
Talbots Law has been named as the best legal firm to work for in the Black Country after moving up 13 places in the Sunday Times and Best Companies national list.
Kidderminster, Stourbridge and Wolverhampton, was in 52nd place on the prestigious rankings and was also awarded a 2-star rating for the way it engages with its staff.
The independent law firm, which employs over 240 people across six offices in Codsall, Dudley, Halesowen,
Its index score improved by 4% from 2019 and was driven by high marks in personal growth, wellbeing and in
Whilst Covid-19 has caused significant issues for the legal sector, the firm’s new business development team has a pipeline of new opportunities to work through, with the public still very keen to move home and an inevitable increase in dispute and family disagreements arising from this unfortunate situation.
SPOKEN WORD WINNER! DATA CONSIDERATIONS The BAME sub committee FOR RE-OPENING PUBS is pleased to announce the winner of it’s inaugural spoken word competition; Sana Haris and the runner up Beyounce Porter. Both students are undergraduate students at the University of Law.
The competition was open to BLS students and asked students to submit a video explaining if they could make a law what would it be? The winner, Sana will undertake work experience at leading law firm Gowling WLG. Sana stated “The competition was an opportunity for me to raise awareness on many disproportionate challenges and stereotypes we all may face in various forms, often as a result of a simple assumption. These challenges motivated me to enter the competition to convey the impact these assumptions have and to encourage everyone to contemplate the consequences of assuming matters, which can lead to harmful results. I am incredibly pleased to have been voted the winner of the competition by the panel of judges; it has given me confidence to continue raising awareness of these issues. I look forward to working with Gowling WLG with great excitement and anticipation. I conveyed many messages in my spoken word piece and Gowling are a firm that represent many, if not all of these key stances through their commitment and support for their clients as well as their employees.”
6 www.birminghamlawsociety.co.uk
The Government has issued guidance to pubs, bars, restaurants and takeaways following the announcement that they can re-open from 4 July. One key change in the guidance, alongside social distancing measures is that hospitality businesses are asked to keep a temporary record of customers and visitors for 21 days in order to support the NHS Test and Trace service. It is not yet clear whether this is a mandatory requirement or advised best practice. As the guidance rightly notes, many businesses that take bookings already have systems for recording their customers and visitors. The Government has said that it will share details of its proposed system ‘shortly’ and that the system will be designed in line with data protection legislation. Whatever system businesses decide to use, as a minimum, hospitality businesses will have to update their privacy notices to advise customers that their personal data will be shared with the Government through the NHS Test and Trace. Any such app will likely have features to store customers’ data and could be a practical tool to allow the business to meet the guidance in both keeping a record and also social distancing. Collecting information through an app introduces a number of privacy issues, and the app provider will usually seek to pass any privacy risk to the hospitality business. Check the terms of use carefully before agreeing to share any customers’ data via an app. Finally, collecting contact details from customers may be a really useful marketing tool, but you need to make sure you comply with GDPR. In particular, if you are going to use the contact details for electronic marketing, you need to ensure that you are legally permitted to do so. For specialist legal support on your data protection obligations and privacy notices, please contact Penny Bygrave on 07909 681 572 or Sarah Thorley on 07387 025 970 in VWV’s Data Protection team.
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OPINION
A TIME FOR REFLECTION In the years that followed I worked at a number of different firms in the City and at every one, I was amongst one or two black people, if not the only one, especially at partnership level. The legal community was, at that time, very white and very male. Fortunately, it is less so today but the pendulum still has a long way to swing before true equality of opportunity exists for all working within it.
Many feel the progress of equality of opportunity in the legal profession, based on race, has been made at a snail’s pace over the last 25 years. However, the last words uttered by George Floyd, “I can’t breathe” during the 8 minutes and 46 seconds when his life was being squeezed out of him under the knee of a white police officer, have the power to rapidly accelerate the pace of change. This is evidenced by the mass protests and demands for change currently sweeping across the Globe, in the face of years of police brutality against the black community.
As I sit at my dining table (which has been doubling up as my office over recent months!) I realise that on 2 December 2021, I will have been qualified as a solicitor for 25 years so what an opportune time for reflection writes Yetunde Dania. In 1996 I moved to Birmingham from Leicester, where I studied. At that time I was full of youth, and confidence that I could be anything I wanted to be, provided I worked hard. This had to be true as my English foster parents had instilled this in me since I was a small child. Undeterred by some of my teachers who were affronted by the fact I had ambitions to be a solicitor (so much so they even suggested I would be better suited to a career in crime, as a prison warden), my dedication resulted in letters after my name in the form of HND, LLB (Hons), LLM and I also passed the LPC in its very first year. I recall that the vast majority of my white counter-parts had secured training contracts before we had even completed the LPC, I was surprised that, with all of my qualifications, I was not one of them. 8 www.birminghamlawsociety.co.uk
I made application after application to various firms in Birmingham, and like many black budding trainee solicitors then, and even now, I had a lever arch file full of rejections. I then thought to myself, in a moment of desperation, it must be my name that alludes employers to the fact I am not white and so for a while I made applications under my Nigerian English name, Tina. I thought that if Tina could just get me shortlisted for an interview, my qualifications, and talent, would do the rest to secure me that elusive training contract, but alas the rejections just kept on coming. With a slight scoff I even recall one, from a now defunct firm, which amounted to a rejection via compliment slip, I was not even worthy of a letter! In the end I secured a paralegal position with, at the time, the largest Legal Aid firm in Birmingham, McGrath & Co. The people who worked there were very diverse, but then that was no surprise as the firm specialised in immigration and crime, areas which BAME people are often in the majority in terms of service users.
We should be filled with hope that the outpouring of anti-racism statements and commitments to take action to stamp out inequality, particularly by legal firms, will result in a future where black people and ‘people of colour’, entering and progressing through this wonderful profession, have a much more fulfilled experience. A future where they feel comfortable being their authentic selves, without fearing that the profession may operate in subtle ways that could prevent them from reaching their full potential. If we hold to account the law firms that (since the barbaric death of George Floyd) have made commitments to take action to stamp out inequality, it will hopefully take much less than 25 more years to see more than the eight black partners (that l know of, currently spread across eight law firms in Birmingham City Centre) in our Birmingham law firms. Yetunde Dania, Trowers & Hamlins LLP, partner and Head of Office, Birmingham. You can also listen to Yetunde’s recent podcast with fellow partner, Amardeep Gill: https:// soundcloud.com/user-270885441/ trowersincludes-anti-racism
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CITY NEWS
CO-OP COMMUNITY FUND CASH BOOST TO GROUPS
Central England Co-op has shared out £6,000 between four good causes in the West Midlands to ensure they can continue their vital community work during the Coronavirus outbreak. A wide range of charities and community organisations in Lichfield, Burton and Rugeley were delighted to receive the funding boost during these uncertain times. The money will now be spent by charities and organisations to ensure that events, activities and support that otherwise might have been postponed or cancelled can still go ahead and provide a vital boost to the local community. Lichfield-based Foresters Scout Group has been handed £2,500 to buy tents for youngsters to use when they are allowed to meet up together again. Memberled Friends 2 Friends, in Lichfield, will use £1,000 to buy laptops and computers to help people in the area increase communication and social skills. Belvedere Park Junior Football Club has been handed £2,000 to help pay for fencing around its facilities in an effort to deter ongoing vandalism and Rugeley Community Church will be able to support its fit and fed family project to help youngsters impacted by holiday hunger with a £500 donation.
DIVORCED, BEHEADED, DRIVE - IN CONCERT The international smash-hit SIX is coming to Brum as a Drive In summer show allowing audiences to picnic and party as they watch the festival-style full length show live from their own dedicated area next to their vehicle. Designed to comply with all official guidelines, boasting concert quality sound from a live stage with a full state of the art sound system, lighting rig and high definition LED screens, audiences will enjoy an arena or stadium concert feel in a safe Drive-In setting adhering to the Government’s current social distancing rules to protect fans, artists, crews and staff at all times. From Tudor Queens to Pop Princesses, the six wives of Henry VIII take to the mic in SIX to tell their tales, remixing 500 years of historical heartbreak into a 75-minute celebration of 21st century girl power. These Queens may have green sleeves but their lipstick is rebellious red. Tickets go on sale from 8AM Friday 3 July at theticketfactory.com
BUNS AT THE READY! THE UK’S NUMBER ONE BAKING EVENT IS REOPENING having fun and immerse themselves in the full cooking experience.
With 12 separate baking stations, a light and airy marquee and all the kit ready for you on arrival, you can put those new found baking skills to the test whilst having a day out with friends and family. The award-winning baking experience is led by a team of professional patisserie chefs, who guide budding bakers with cooking and creativity tips whilst supplying all essential ingredients needed to create their ultimate baking creations. The award winning team behind the Big Bakes are reopening their famous baking marquees from July 4th and it just so happens that their venues are the perfect socially distant day out. 10 www.birminghamlawsociety.co.uk
Since launching in 2017, The Big Bakes has welcomed over 60,000 customers to their unique baking events, and this Summer will be no different. With all the hassle handled by them, bakers can just focus on
Everything from the ingredients, decorations and aprons to all the hand sanitiser and face masks you could possibly need is supplied. To book your baking experience visit www.thebigbirminghambake.com
BACK TO SCHOOL WORRIES- HOW TO HELP
THE EVER ADAPTING EVENTS INDUSTRY
With pupils beginning to return to class, West Midlands mental health charity Living Well UK is warning of the wellbeing impacts of navigating a ‘new normal’ for kids, with signs of stress starting to show around Covid-19. Qualified Children and Young People IAPT therapist at Living Well UK, Emma Lee, wants to ensure that children are taking care of their mental health and wellbeing in these ever-changing and confusing circumstances as they return to education. To help, Emma has pulled together her essential tips that could be crucial in giving young people extra support and guidance: Point One Covid-19 has had a huge impact on the mental health of adults in ways which no one has experienced before, but for children and teenagers, the pandemic presents a whole new challenge that will likely be outside their range of understanding. As a result, many may find it difficult to recognise and deal with the accompanying emotions that are completely new to them, leading to a change in routine or habits. Emma comments: “Going back to school will be a huge change for them with the introduction of social distancing, so try to avoid stressful situations before leaving for the day. If you do find that your child is upset in the mornings, try to encourage them to go to school, as avoiding it for a longer period of time could only further increase their stresses and worries. “There are various ways in which you can help your child to navigate these emotions, but keeping a calm approach in both your body language and tone of voice is essential, as well as ensuring that they have a routine to give them a sense of normality.”
As an event management Company, there have been many times that we’ve had to adapt to accommodate Point Two With this new range of current climates and emotions during these troubling times, our client needs, but educating your children about what they adapting to a new are can help normalise these feelings. normal due to the global COVID-19 There are plenty of resources from books pandemic has certainly been a new to apps to help children and young adults challenge writes Emma Jones, MD of deal with their feelings. Emma explains: AllinAll Events. “Some adults heavily rely on meditation apps like Headspace and Mindfulness AllinAll Events is a Birmingham based and these can also be incredibly helpful event management Company and we to teenagers who might find themselves work with businesses across the country returning to schools. For younger in producing, managing and delivering children, there are books available that their events and vision. From receiving your child might find comfort in, including a brief from a client, we work with them ‘The Huge Bag of Worries’ and ‘How Big on the journey transforming their vision Are Your Worries Little Bear’. into a reality. For the last two years, we have had the pleasure in working with the “It’s just as important that you’re learning Birmingham Law Society in supporting as a parent too, so you can also educate them with the delivery of the annual Legal yourself on how to support your child, by Awards and Annual Dinner. reading books filled with top tips. And, if you’re looking for a different approach, The current normality for the events you could also treat your child to a Worry industry is virtual events, in the past few Monster, which acts as a comforter and months we’ve delivered conferences, even has a zip pocket for them to conceal awards dinners and more all via virtual their worries and fears.” platforms such as Zoom. They remain engaging to the delegates, provide the Point Three “Your child could become information required to be delivered, upset or angry about things that might not profile all sponsors and much more. bother them normally, resulting in them crying, shouting or snapping at others. If There is talk as whether virtual events you have a younger child, you might find will be the future, but we feel that there is that they begin to regress, for example, nothing better than the atmosphere and they begin to behave in ways they have excitement of the live, real thing. Whether outgrown – talking or wanting to play in a that be an awards dinner, a festival, a ‘baby’ manner or wetting the bed again. conference or a charity dinner, the buzz of the real thing can’t be beaten. Live events “If you feel like your child might need will be safe to take place in due course, extra support, there’s always the option but until then virtual is definitely the safest of seeking out specialist help if the way forward. methods that you’ve already tried haven’t had the desired effect, and your child is If you don’t know where to start with a continuing to experience these emotions virtual event for your Company, or want to after being back at school for some time. forward plan for your live event for 2021, Equally, you could also talk to your GP or we’re here to help, please get in contact seek guidance from the school nurse or to arrange a free video consultation: counsellor.” emma@all-in-all.co.uk To find out more visit livingwellconsortium.com
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OPINION ARE YOU SICK AND TIRED OF THE ‘R’ WORD? The end of another week in lockdown, how was it for you? Are you fighting for band width with your household and having the cat strut over your key pad only to show your client their delightful bottom? No? Well then you are doing better than me writes Rebecca Mander of Guru You Coaching.
had a choice. Recently when I had to bury my father during COVID and face not having a ceremony, I knew I had a choice. If we are response-able we are therefore in a position to make a difference. But not everyone is aware they have a choice, not everyone has aunties or an understanding boss. Not everyone is confident enough to ask for help.
As you know, we don’t like to clog up your inbox with ‘news’ letters and there is so much noise right now I try hard not to add to it, but when a theme such as resilience keeps coming up for my clients,I feel compelled to comment!
Would it be fair then to compare me with someone else going through setback without the same level of support and experience who as a result may be showing signs of stress? Aren’t we all being as resilient as we know how to be given our frame of reference, environment and experience?
Last week a company director confessed...“If I hear that bloody word one more time!..” Of course he was relating to the word resilience. What it means for him and his team are not the same thing. What it means to you and I are different so who are we to judge what is resilient or not? During my own setbacks I have been told I am strong and resilient but what makes it appear that way? I may have coped well because I had aunties on tap to help, a loving partner, an understanding boss, great team working with me and the ability to outsource housework. I am the queen of delegation (My little brother would say ‘bossy’) and I am not afraid to ask for help. When I stood in the hospital after Charlie died, I knew I 12 www.birminghamlawsociety.co.uk
• Do you take time out for yourself? • Do you find you are optimistic about the future? • Are your expectations realistic? • Do you feel you have a choice? If the answer to two or more of these questions is “no”, then see what you can do to address the balance to help you bounce back from setback more easily. As I said, I am finding this a common theme with my clients... No one ever sets out to lack resilience!
Everyone is coping the best way they know how within the parameters set by the organisation, and possibly without tools or know how to support the strength of mind and creativity that getting through setback demands. • Do you know your strengths? • Have you got an encouraging support network?
• Do you celebrate your successes? • Do you have a clear plan of action?
We can never assume someone is not resilient because of what we see on the surface or simply in the workplace. When we ask our team member to be more resilient are we helping them get there or throwing the ball into their court dissolving ourselves of all responsibility? We need to offer tools and support or else we are no different to a doctor telling a patient with depression to pull themselves together! I would love to know your thoughts on this. If you would like a virtual cuppa to discuss how you can help yourself or someone else in your team with the ‘R’ word, then email: rebecca@ guruyoucoach.com www.guruyoucoach.com
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OPINION
WILL AID NEEDS YOU!
professional locally and nationally and we have a team of PR professionals involved behind the scenes to facilitate this. Mayflower Solicitors from Birmingham has taken part in Will Aid for the last four years. Andrew Thomas from the firm said: “We are very excited to be involved in Will Aid. It gives us an excellent opportunity to reach people in our community who do not have a will and help them to protect their loved ones for the future. It also means we can raise funds for nine incredible charities which make a huge difference to millions of vulnerable people both here in the UK and around the world.” Most of the solicitors who take part use our template press releases and expert contacts and guidance to celebrate their success in the media. Others use their connection with Will Aid on their publicity materials, emails and websites, helping the community identify them as generous, responsible companies.
Will Aid is an annual campaign that takes place every November. Founded in 1988 by solicitors inspired by Live Aid, it is designed to reinforce the need for everyone to have a will drawn-up by a professional solicitor while raising vital funds for the lifechanging work of nine of the UK’s leading charities at the same time. Participating solicitors offer some of their time to write basic wills, waiving their usual fee and instead invite clients to make a voluntary donation to Will Aid. Demand for Will Aid continues to increase year on year and sadly, so does the demand for the vital support the nine partner charities provide to those in need here in the UK and around the world. Last year alone there were tens of thousands of will-maker enquiries and we didn’t have enough solicitors to fulfil them, resulting in a loss of vital funds. In 2020 we are expecting unprecedented interest from potential will-makers following the COVID-19 outbreak which has prompted a surge in the number of people looking to get their paperwork in order to protect their loved ones. The COVID-19 outbreak has also had a devastating impact on the finances of our 9 charities, with events and shops having to be cancelled and closed, which has had a detrimental impact on their ability 14 www.birminghamlawsociety.co.uk
to supporting the vulnerable people and communities they work with. To meet the expected demand of will-makers and to continue to raise vital funds for our partner charities, we need more solicitors to sign up and take part in this year’s campaign. By volunteering your time and expertise to Will Aid, you can help change lives for the better, both here in the UK and around the world. The scheme needs more solicitors in the Birmingham area to meet demand, so sign up today! WHAT’S IN IT FOR YOU? Since 1988, Will Aid has enabled the legal profession to raise over £21 million for good causes and helped more than 300,000 people to make their wills. It has also helped raise millions in pledged legacies. But it’s not just about raising much needed funds, Will Aid is great for business and is a fantastic opportunity to give back to your community. Participating solicitors say that Will Aid has not only helped them with generating positive local publicity, but it has also introduced them to valuable new clients. You can read about how they have benefited from the scheme on the website: https://www.willaid.org.uk/ solicitors/case-studies After all, playing a part in Will Aid is a great way to promote the legal
Will Aid generates a lot of positive media attention – and that can only be good for business. And when you register we provide you with a whole range of publicity material to help you with your PR. SIGN UP NOW! The simple initiative is easy to sign up to and you can pledge as much or as little time as you want. The Will Aid team carries out all the admin associated with the donations so there is no complicated paperwork or VAT for you to deal with. As part of the Will Aid programme the solicitors waive the fee for writing a basic will or pair of mirror wills and instead, clients are just asked to make a voluntary donation to Will Aid. Any additional work to the will can be charged separately and is paid to the legal firm. To donate your time and skills to Will Aid, please sign up online today: https://www.willaid.org.uk/solicitors/ register and the team will send you the information to participate in the scheme this November. If you have any questions about the scheme or want to talk it through before signing up, please contact the publicity team on pr@willaid.org.uk
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REGULATION REPORT REGULATION FOR LITIGATORS WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS. There was a time when a litigator’s duty to act in the best interests of their client was regarded as paramount, subject of course to the duty not to mislead the court. Today things are quite different. The duty to act in the best interests of a client is now demoted to number 7 - bottom of the list of the SRA Principles 2019. At number 1 is the duty to act “in a way that upholds the constitutional principles of the rule of law and the proper administration of justice”. This change of emphasis corresponds with the SRA’s move to ethical and principles-based regulation as opposed to a rules-based regime. The rules applicable to litigators begin with the SRA Principles, the most important being Principle 1, as referred to above. If our duty to act in the best interests of our client conflicts with our duty to the court then the duty to the court would take precedence. For example, 16 www.birminghamlawsociety.co.uk
if a client wished to conceal certain incriminating documents from disclosure, the solicitor should advise the client of their obligations to the court and if the client refused to comply then the solicitor would have no option other than to cease acting. The duty not to mislead the court is now included within Rule 1.4 (Code for Individuals & Code for Firms) and is no longer part of the specific section of the Code relevant to litigation. Rule 1.4 is a more general rule prohibiting misleading clients, the courts, or others “either by your own acts or omissions or allowing or being complicit in the acts or omissions of others (including your client)”. The duty not to allow others to mislead is very wide-ranging and contrary to the original judgment of Lord Diplock in Saif Ali v Sydney Mitchell [1980] AC 198 in which he stated that an advocate could passively stand by as long as he did not actively mislead the court. The specific section of the Code for Individuals that relates to litigation is at Section 2 and is headed “Dispute resolution and proceedings before courts,
to the allegation of misleading the court. Other areas of particular risk are without notice applications where there is a duty to ensure that there is full and frank disclosure to the court. Disclosure is another potential pitfall, especially with an uncooperative client. You should also remember that you have a continuing obligation to the court. If you have inadvertently misled the court you must correct the mistake. That obligation not to mislead the court continues for the duration of the case. The SRA Risk Outlook paper on balancing duties in litigation is worth mentioning as it highlights specific concerns such as predatory or aggressive litigation which it considers might constitute a breach of the rules. And finally, bear in mind that litigation is the only practice area which is subject to a statutory obligation under the Legal Services Act 2007. At Section 1 (3) (d) as one of the five statutory professional principles, litigators are required to “comply with their duty to the court to act with independence in the interests of justice”.
tribunals and inquiries”. Exactly the same rules apply within the Code for Firms. There are seven rules within this section, most of which have applied previously in the same or similar guise. At Rule 2.4 you are required “to only make assertions or put forward submissions to the court or others which you know to be properly arguable”. Do beware of any novel or even specious arguments that your client has dreamt up in the bath and which they want you to run up the flagpole. Also note that the duty is not just limited to making assertions to the court but also extends to making statements to “others”, care is needed if making elaborate, but ultimately unarguable, statements to the opposing lawyer at the outset of litigation. There is an obvious tension here between balancing your duty to the client to pursue all avenues on their behalf with the duty imposed by Rule 2.4. The well-known case of Brett v SRA [2014] EWHC 2974 (Admin) further
demonstrates the duties of a litigator. Mr Brett was the in-house lawyer for The Times newspaper group and was defending an application for an injunction. He knew that a Times journalist had obtained information about the identity of a policeman blogger by hacking an email account. Nonetheless, he allowed the journalist to submit a statement which suggested that the journalist had only obtained the information through legitimate means. He compounded this by failing to instruct Leading Counsel for The Times that the hacking had taken place. Mr Brett did nothing to correct the incorrect information and, in doing so, misled the court and the opposing lawyers. He explained that he had a dilemma between his duty to the court and his undertaking to the journalist not to disclose confidential information. Mr Brett was suspended by the SDT for 6 months but then appealed to the Administrative Court which allowed his appeal in part by substituting “knowingly” for “recklessly” in relation
The SDT emphasised the duty of independence in SRA v Paul Simms 2020 “A solicitor is independent of his client and having regard to his wider responsibilities and the need to maintain the profession’s reputation, must and should on occasion be prepared to say to the client “what you seek to do may be legal but I am not prepared to help you do it” The difficulties for litigators of balancing duties to the court and to the client should not be underestimated. A culture within litigation departments of discussing and sharing such practical experiences is recommended so as to avoid the unwarranted interest of our regulator.
Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms
www.birminghamlawsociety.co.uk 17
OPINION
SOCIAL THROUGH SCREENS; A NEW NORMAL
With society in lockdown, we are adapting to use virtual connections more than ever before. Our conferences in boardrooms have become telephone calls from our kitchens, team meetings have become invaded with children and pets, and after work drinks have become quizzes on Zoom. In some ways, being out of the office has disconnected us, and we all miss saying hello in the lift or catching up whilst making a coffee. However, in other ways, we have never been so in touch. Social Networks such as Twitter, Instagram, LinkedIn and TikTok are flooded with colleagues challenging each other to run or dance for charity on the weekend, to dressup at home, and to share stories of how we are all coping indoors. We are bakers, teachers, runners and office builders and we are sharing each of these experiences through our screens. Whilst social media has been thriving for years, it is in these last few months we have really begun to appreciate what it can do for the better. It has become a support system. I find myself liking and commenting on colleagues’ and friends’ posts more than usual; checking-in and making sure they are doing ok at home. Previously, we have been warned away from screen-time and made aware of the negative impact it can have on our mental health. Whilst these risks 18 www.birminghamlawsociety.co.uk
remain, I have seen a change in how social media is being used. Newsfeeds are no longer showingoff what holidays we are on or what restaurants we are going to, but instead a reminder that we are all in this together, even when apart. Different law firms are being united through online events and virtual challenges. Different departments are encouraging each other’s successes and creativity. Different ideas are coming forward to figure out how we can make this work. As it becomes more difficult to distinguish our home lives from our work lives, we are sharing the two. Telling colleagues about details of our homes which we never shared before, and seeing into our family members’ working day routine. Whilst this cross-over is temporary and we will one day return to the office, a change in our ways will definitely last. I hope we continue to share and encourage through social media, and recognise the good it can bring when used correctly. Our networks have no limit when we adapt and recognise it is all still possible, just in a different way. This time has allowed us to stop the commutes. It has helped us to appreciate our homes and communities. Yet it has also shown us how to share our experiences in new ways.
Whilst I cannot wait to go to a coffee shop or to see my colleagues in person, I know we have become more connected in other ways. Socialising through screens has never been so positive, and we may have changed the future on building virtual connections for good. Article written by Grace Mullis, Trainee Solicitor at Irwin Mitchell LLP. Grace is currently in her second seat in Medical Negligence and Abuse Law. Grace is a founding member of the firm’s Social Media Group which aims to develop relationships with colleagues, clients and the wider community through Twitter, Facebook and LinkedIn. See what they’ve been up to by following @ Community_IM and @GraceMullis_ IM on Twitter.
THE IMPORTANCE OF SECURE REMOTE WORKING: OVERCOMING CYBER SECURITY CHALLENGES DURING THE COVID19 CRISIS AND BEYOND
In recent years, there has been an increased demand for remote working in the legal industry. Although law firms are known for spending long hours in the office and the need for frequent faceto-face meetings, there has still been a desire to adapt to modern day working practices. However, prior to the pandemic, many firms were reluctant to implement widespread remote working strategies. This is largely due to the cultural and technological implications of a home working transition. Nevertheless, when the government announced lockdown plans back in March, law firms were forced to quickly overcome these home working obstacles. Ready or not, they were faced with a sudden remote working test run. In a rush to maintain ‘business as usual’ during lockdown, many firms focussed on maintaining user connectivity. However, effective remote working not only depends on having access to company resources but also that critical data, systems and the corporate network are fortified from advanced cyber-threats. While many legal firms have been able to successfully telecommute during the pandemic, there is a concern that there is a lack of security measures to protect client data. ARE YOU CONFIDENT THAT YOUR REMOTE USERS ARE SECURE? Outdated security infrastructures simply cannot accommodate remote working. For instance, employees who are accustomed to office-based working, will no longer be protected by the network-based security measures. By trading robust onsite security controls for an unprotected home Wi-Fi, corporate devices are exposed to Internet-threats which cannot be detected or blocked by the onsite firewall. Although digital transformation plans will always introduce some element of cyber-risk, before the pandemic, law firms had the luxury of taking time to carefully consider the implications of new working practices. However, due to the scale and speed of this change, many legal firms have unknowingly introduced critical vulnerabilities into their systems. Unfortunately, hackers are aware of this sudden spike in lax security measures and are keen to exploit them. THE COVID19 THREAT LANDSCAPE As data controllers, legal firms process and store large volumes of confidential client data. This commercially sensitive information makes them an attractive target for malicious attacks. It can be used to pressure firms into paying large ransoms or to sell on the dark web. Unsurprisingly, cyber-breaches can have an irreparable impact on legal firms. It
can not only damage reputation and client relationships, it can also lead to loss of revenue and critical data. A recent study conducted by a BlueVoyant discovered that legal firms face thousands of daily cyber-threats. Admittedly, there has always been a high volume of attacks targeting the legal industry. However, as the pandemic has forced these targeted company’s into widespread remote working, cybercriminals are eager to exploit firms while their guard is down. These bad actors are using sophisticated, multi-faceted methods in order to exploit network vulnerabilities. Earlier this year, cybercriminals launched a devastating attack on the law firm Grubman Shire Meiselas & Sacks. The hacking group stole 756 gigabytes of sensitive data which included emails, contracts, nondisclosure agreements, phone numbers and email addresses. They then threatened to release sensitive client information into the public domain unless they received a ransom of £35 million. As this influx of advanced threats continues to rise, more and more firms will fall victim to data breaches. Unfortunately, this rise in targeted attacks during lockdown is compounded by the lack of security controls in place to protect remote users. A remote working strategy should not be implemented as a short-term solution. In order to safeguard client data, it is important to develop a ‘bullet-proof’ security strategy which minimises the risks of this new way of working. As lockdown begins to lift across the globe, law firms need to act swiftly in order to remain cyber resilient. This should involve eliminating security gaps, increasing user visibility, deploying advanced security solutions and proactively identifying critical vulnerabilities. REGISTER FOR THE WEBINAR On the 8th July at 11:00am Equilibrium Security Services and Birmingham Law Society are hosting an informative webinar which will explore the risks of remote working during the Covid19 crisis and beyond. This virtual event will address: The Cyber Security pain points which are keeping IT Managers up at night, common security weaknesses which are putting firms at risk of attack and how legal firms can strengthen their overall security posture. Please head to our website to register. *As a follow up to this session, we will provide a complimentary ‘Security Review’ for all attendees. Our security experts will provide up to 4 hours of free consultancy to conduct a gap analysis of systems, policies and security controls. This will help to identify weaknesses in your security armour which could be exposing your business to cyber-threats.
www.birminghamlawsociety.co.uk 19
OPINION
DIVERSITY DOES NOT EQUATE TO EQUALITY. discomfort can lead to another person’s isolation.
There is no doubt that there is diversity within the legal profession, as the proportion of Black, Asian and Minority Ethnic (BAME) lawyers working in law firms is 21% in comparison to the 13% of the workforce in England, Scotland and Wales who are BAME. In Birmingham, the BAME working population in Birmingham is some 25% as opposed to 13%, so one would hope to see a higher proportion of BAME lawyers in the city. Figures from the SRA state that in firms of 10 to 50 partners, the representation of BAME partners is only 10%, an indication that, despite gaining entry into the profession, there are barriers to progression within firms. So here is your moment to reflect. Sit back for a moment and undertake a review of racial equality in your firm. How many BAME members of staff do you see? Are they represented throughout your organisation, if not why not? Is it right? If it is not right what can be done to improve things?
The death of George Floyd in America, immediately triggered flashbacks of the brutal murder of Stephen Lawrence a black, British teenager, who was killed in cold blood whilst he waited for a bus in London on the 22nd April 1993 writes Shaid Parveen. The only motive for the murder was the colour of his skin. The failure by the police to act led to an enquiry where Lord McPherson defined Institutional racism as "The collective failure of an organisation to provide an appropriate and professional service to people because of 20 www.birminghamlawsociety.co.uk
their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people." If we really want to challenge racism we need to accept that it exists in society and, at the very least, possibly in our workplaces. While this will no doubt be an uncomfortable feeling, we must remind ourselves one person’s
As Solicitors, there is a positive duty to act in a way that encourages equality, diversity and inclusion (SRA, Principle 6). Therefore, being non-racist and passive in your rejection of racism is not sufficient. Organisations need to adopt an anti-racist policy to actively address racism in the workplace. In order to discuss how this can be achieved, firms are encouraged to have a conversation around race. However, action is also required. As a legal community we need to share good practice. We would invite you to forward details of initiatives within your firm which seeks to address racial equality in the law. In addition any ideas or expressions of interest in BLS holding future events/discussions concerning race and diversity are also welcome.
taken onto their balance sheets – debts will one day need to be repaid. For many firms, bank facilities will be low down the list of preference but may be the default choice where limited knowledge of alternatives exists. 3) PARTNER FINANCE. Often seen as a last resort, seeking funding from partners remains an option for many. For some firms, this may be in the form of delaying or reducing partner distributions. This will probably be unpalatable but is usually speedy to implement. Other firms may look to tap partners to inject further equity. This is likely to be particularly difficult in current circumstances due to the personal impact it will have on colleagues in both short and long term. Partner finance is politically unpopular but is likely to be on the agenda of many management teams who have not yet explored other options.
FINANCING LAW FIRMS AMIDST THE PANDEMIC BY ROBERT HANNA, MD AUGUSTA
The impact of coronavirus has put many Law Firms under tremendous pressure. Lockdown has adversely affected all sectors of the economy and professional services is particularly exposed. Many law firms have found that clients are seeking to protect their own cash by delaying payments, or deferring projects. As a result, income for most lawyers will be down. And with high fixed costs of well-paid staff and prime location rents, there is often significant overhead which cannot sustainably be reduced. As many firms are lightly capitalised, the need for alternative sources of funding which have short term benefit but do not hamper the firm in the long term has never been greater. Of the myriad finance options out there, five are likely to be under active consideration by law firm leaders: working capital optimisation; bank overdraft facilities, internal funds (partner calls); government coronavirus support; and litigation finance for cases or portfolios. Each has benefits and costs. Some of these levers will be more familiar to management teams than others.
1) WORKING CAPITAL. Managing LockUp is familiar to many law firm partners. Timely issuance of bills and chasing payments are established disciplines. The challenge today is that clients who themselves are under pressure are pushing back on paying bills already issued. Partners may, therefore, be reticent to chase unpaid bills let alone issue new ones to avoid damaging relationships. Some firms may look to use a factoring company to provide immediate cash flow, but this may suggest the firm is distressed. Others may seek to delay payments to their own suppliers, but this risks reputational damage. A balance must be found to secure cash today without causing longer-term damage. 2) BANK OVERDRAFTS. Many firms will have established credit facilities with one or more lender. Where good relationships exist, and covenants allow, it may be possible to seek an extension of agreed facilities in the short term. Whilst base rates have fallen, banks will apply risk-based pricing to any new facilities granted, which may mean costs are prohibitive. Firms will also need to consider the long-term impact of liabilities
4) GOVERNMENT SUPPORT. This is a rapidly evolving area with numerous options, the benefits and costs of which are now becoming clear. Facilities include grants for ‘furloughed’ and sick staff wages, deferred VAT bills, loans for SMEs and debt facilities for larger businesses backed by the Bank of England. Law firm leaders should explore all options but be aware that these facilities are unlikely to be long-lasting, nor cover the full extent of lost income. 5) LITIGATION FINANCE. A perhaps unfamiliar option, here clients or the firm take funding from a third party to cover legal bills. Funding can be structured so that it is non-recourse so is neither on the client’s nor the firm’s balance sheets. This method guarantees payments to firms in the short term and may add a competitive edge in winning work today and for the future. There are few downsides for the law firm providing they ensure a reputable funder is introduced to their client, to protect valuable relationships. Firms may seek to introduce such funding on a case by case basis or engage firm wide on a portfolio of cases. Law firm leaders are undoubtedly considering all the options available to them. Whilst familiar levers will initially rise to the top of the list, thought should be given to those that firms may not yet have fully engaged with. Litigation funding is likely to be one of these. And with such funders in the UK having raised significant sums in recent years, support is likely to be available at both the speed and quantum that firms need, to both shore up for today and ensure the firm is on a solid footing for tomorrow. When considering all the options for immediate cash needs, leaders should keep an eye on longer term impact, in both financial and reputational terms. augustaventures.com www.birminghamlawsociety.co.uk 21
LAST WORD
CORONAVIRUS DISRUPTION AND PEAK HOLIDAY SEASON OUTSOURCED CASHIERING SUPPORT if the cashier’s absent, an assigned deputy picks up the workload. From a holidaying perspective, an extra complication is that management teams often want an overview of their practice’s financial position whilst they’re on annual leave. With many service providers, that’s achievable too as access is granted to the supporting cloudhosted legal accounting software. These internet-based systems give secure, remote access capabilities so that accounts data can be safely observed from afar, including the back garden, beach or poolside. By utilising outsourced cashiering support during these periods, compliance deadlines can be met and finances kept current because VAT returns are filed on time, accounts anomalies remedied as they arise, fee earner activity and disbursements billed upon request, and invoices paid when demanded.
At no time ever is the subject of business interruption more relevant than during the coronavirus pandemic and summer break. COVID-19 lockdown has been characterised by disrupted working practices for the majority of law firms. Peak holiday seasons are symbolised by people taking a short respite from work to enjoy some much-needed relaxation and fun with family and friends writes Quill Managing Director, Julian Bryan. Both of these scenarios cause obvious problems for employers. With several key staff absent simultaneously, departments become short staffed or, worst case scenario, unmanned altogether. For smaller businesses particularly, the latter is an all-too-real possibility. Holiday leave and additional absences such as sick leave, furloughing and shielding obligations mean that companies struggle to maintain normal operations with a skeleton staffing structure. This can compromise important complianceorientated functions, cashiering included. There are certain routine procedures which simply can’t wait for staff to resume working. 22 www.birminghamlawsociety.co.uk
That’s because firms have compliance-centric accounting timescales to meet – regular bank reconciliations, money movements between office and client accounts, and VAT return submissions amongst them – and depend upon a constant cash flow. Missed compliance deadlines, late bill production and delayed credit control driven by staff absence can impact compliance and cash flow, thereby accruing financial (and regulatory) penalties and sending bank accounts into the red. What’s more, without the key staff in place, there’s limited access to the right reports to accurately monitor financial status, and a sudden glut of transactions in the return-to-work and post-holiday season catch up distorts forecasting and business planning. A solution to this age-old business continuity problem comes in the form of outsourced support as these services are provided with guaranteed cashier support round the clock. This continuous service provision removes concerns about staff cover arrangements which are both a real hassle to organise and can be costly to pay for on top of existing salary overheads. Instead, there’s complete peace of mind that a named cashier is keeping accounts in order, to a high standard, in line with the SRA Accounts Rules and other regulatory guidelines. And,
Although thus far we’ve described permanent cashiering cover, another related way to avoid unexpected and holiday-time chaos is temporary support organised for a fixed term. Typically, it can be extremely difficult to cover for sudden staff absenteeism of any type. Thankfully, with temporary cashiering cover, both scheduled and unscheduled non-attendance can be catered for adequately. Extended leaves of absence are seriously disruptive for legal practices and threaten their very survival should any breaches occur because of it. It’s reassuring to know, then, that emergency cashiering assistance can be instructed to overcome staffing challenges. Offloading the back-office cashiering function for a specified (or indefinite) duration is a viable and affordable option. Where Quill’s concerned, our service is fully flexible, adapting to the changing needs of clients, to be scaled up or down according to requirements. In our experience, clients are so pleased with cover provided, they often try to make some subtle staffing adjustments to make things permanent thereafter. 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 the UK’s largest supplier of outsourced legal cashiering services, and a leading provider of legal accounting and case management software to the legal profession for over 40 years.
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