Birmingham Law Society Bulletin July August 2021

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

JULY/AUGUST 2021

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THIS ISSUE

ADVERTISE HERE 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

INSIDE THIS ISSUE 4.

President’s Address.

6.

News.

10.

Wellbeing and Mindfulness

14.

To mask or not to mask... where do you stand legally?

16.

Outspoken: Expert Emma Taylor on making your voice heard.

18.

How to ensure accountability for equality, diversity and inclusion.

20.

Regulation Report: Service Standards – why now is the time to get things right.

22.

The Leasehold Reform (Ground Rent) Bill.

24.

Landmark Academy: Helping you to maintain your learning & development.

26.

The tech you do need, and the one thing you don’t.

Editorial enquiries to info@fu-media.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 2021.

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 Twitter @bhamlawsociety Insta @birminghamlawinsta Officers April 2020 – September 2021 President - Inez Brown - Harrison Clark Rickerbys Vice President - Stephanie Perraton Squire Patton Boggs (UK) LLP Deputy Vice President - Tony McDaid - No5 Chambers Hon. Secretaries - Stephanie Brownlees - Eden Legal Services LTD and Mariyam Harunah, Squire Patton Boggs Chair – Dee Kundi, Knights PLC HR / Equality & Diversity Director, Karen Bailey – Bailey Wright & Co PR & Media Director – Laura Daly, Irwin Mitchell Vice Chair & Finance Director - Ben Henry, Jonas Roy Bloom Committee Director – Rav Hothi Board Director – Tony McDaid No5 Barristers’ Chambers Professional Development Director – Nisha Panchal, Harrison Clark Rickerbys Ex Officio as President - Inez Brown, Harrison Clark Rickerbys Ex Officio as Past President – Linden Thomas, University of Birmingham Law School

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

2012-2018

Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

CLEAN AIR ZONE The Clean Air Zone in Birmingham came into effect on 14 June 2021 after a two-week delay. It is in line with targets set by UK government to reduce levels of NO2 in the air to a maximum of 40ug/me and will operate 24 hours a day, 365 days a year.

With the new Clean Air Zone altering the way commuters can travel through the city, the cost of driving a non-compliant vehicle within the Clean Air Zone could alter the way they travel or even deter workers from returning to the city.

Although no vehicle is banned within the zone, drivers of vehicles which do not meet a set of criteria deeming them to have clean enough engines will be subject to a daily charge of £8.00. Once paid, the daily charge enables drivers to move throughout the zone without limit on that day. Those that do not pay the fee are liable to a fine when entering the area, which covers all roads within the A4540 Middleway Ring Road, except the Middleway itself.

The fee is intended to deter drivers from using uneconomical vehicles and as result, incentivise commuters to seek alternative means of transport. However, government guidance throughout the pandemic has suggested that public transport is to be avoided unless necessary. This puts key workers in a difficult position should their car qualify for the charges.

While we want to encourage people back to the office to help with investment for the city, employers should not make decisions without having gauged staff preferences or concerns. Given previous guidance from the Government to avoid public transport throughout the COVID-19 pandemic, employees may be hesitant to return to work if they cannot drive into the city.

Employers must be sympathetic to staff reservations around additional fees and use of public transport.

Not only that, workers have several rights which employers must account for.

We all have a part to play in helping to protect the environment and I believe our city leaders should introduce a phased approach to ensure that all cars comply with clean air within the next ten to fifteen years.

THE NEW NORMAL It has recently been reported that most the UK’s largest businesses are not planning to bring their employees back to the office fulltime. Several law firms are included 4 www.birminghamlawsociety.co.uk

in this group. Whilst we have all had enough of virtual meetings and dressing down daily, many of us are keen to return to the office, at least for part of the week.

It is also important that we do not overlook the fact that junior lawyers are unable to learn through virtual osmosis. They need to be next to their supervisors to overhear negotiations or to ask questions throughout the day. Furthermore, we will find it difficult to regain firm cultures that may have been lost whilst working at home. We really should not take for granted the importance of conversations that take place whilst making a coffee.

The pandemic has helped us to work smarter and to de-clutter by removing stacks of files by becoming paperless. In addition, many firms are embracing hotdesking and open spaces.

Interestingly, I have spoken to several Manager Partners/Senior Partners during the pandemic who have indicated that they have conducted staff surveys with approximately 90% of staff saying they want to maintain flexibility around working from home and office-based working. Firms clearly need to weigh up business needs

whilst creating an achievable balance for continued flexible working for all staff.

Conversely, I have also spoken to several staff who have indicated that prior to the pandemic the office was only full 70% of the time, with many lawyers attending meetings, court hearings and conferences.

On that basis, flexible working should not be too difficult to manage.

I’m sure that as managers we will continue to put the needs of our clients and staff first whilst embracing technology to help us to bring about necessary change that is required in this modern era.

This will not only help us to be more productive and efficient but also more profitable.

‘TO BE OR NOT TO BE’ The entire country has been looking forward to Freedom Day of 21st June when it was announced in March. However, in the last few weeks doubt was cast on whether all lockdown restrictions would be lifted by this date.

On 14th June Boris Johnson announced a four-week delay of Freedom Day to 19th July 2021 because of the Delta variant

LEGAL SERVICES SUPPLIER EXPANDS SERVICE OFFER AFTER ACQUISITION

MATRIX247, which provides telecoms and mobile solutions to legal practices across the UK, has extended its product offer following the acquisition of Task Office Systems.

(formerly referred to as the Indian variant). COVID-19 cases in the UK continue to rise with infections rising to 7,742. The delay is to ensure that all adults over the age of 18 receive at least their first jab and all over 50s, vulnerable individuals and all frontline workers receive their second jab. It should also reduce the peak of the current rate by 50%.

Although Boris indicated that there should be no reason for a further delay, the decision to delay is another set-back to several businesses, who have put measures in place to ensure that they are COVID-19 compliant. The hospitality sector and arts sector are really struggling and could end up becoming bankrupt. This sector has had enough and are pressing for a balance to be drawn between safety and the economy.

Questions are still being asked on why measures were not taken to protect the UK from the Delta variant by protecting our borders and these questions will need to be answered during the long overdue public enquiry.

Set up by Stephen Pritchard and Geoff Wright in 1991, Matrix247 has grown to become the country’s largest independent provider of telephone and communications systems to the legal sector and is endorsed by several regional law societies.

The deal means the company is now also able to provide Microsoft Office products, IT support and digital photocopiers with document management to its existing range of services. Pritchard says a surge in demand for technology and systems that enable new ways of working triggered by lockdown, coupled with a general movement to paperless offices, endorse the decision to expand now: “The lockdown has changed peoples’ attitudes to technology forever. There is no going back. Home-based working means that firms need agile and seamless integration between home and office.

“We have received a flood of calls from legal practices who admit they’d been resistant to change in the past but now recognise the need to protect their business by embracing evolving technologies, such as integrating Microsoft Teams with their existing telecoms and mobile devices.

“Ironically, this prompted us to examine how we could future proof our own business. Bolstering our core activities by investing in a Microsoft partner of 30 years standing was the obvious strategic path so we’ve accelerated our growth strategy.

“There is a clear convergence between all the things that make a modern office function efficiently - telecoms, mobiles, software, IT support, cyber security, digital print, document management, scanning, archiving and shredding. Our customers will now benefit from having all of these essential business functions from one source, bringing greater efficiency, cost savings, improved client experience and more billable hours.

“Taking decisive action was a no brainer for us. To echo the words of Microsoft CEO Satya Nadella, we’ve seen years of digital transformation in just months.”

Although well established in the legal sector, where clients range from single office firm to those with 800 staff across multiple sites, Pritchard believes Matrix247 is now positioned to target bigger practices and compete with larger players in the market.

“Being a family-run business is a big bonus. No matter how much we grow, we will never lose our appetite for providing unparalleled advice and exceptional service,” he adds.

www.birminghamlawsociety.co.uk 5

SOCIETY NEWS

FIRM RANKED IN THE TOP 10 BEST COMPANIES TO WORK FIRM REVEALS RECORD RESULTS Anthony Collins Solicitors has released its annual results for 2020/2021 recording an annual (1 May 2020 - 30 April 2021) turnover of £22.3m, with profits of £5.38m - up 15% on the previous year.

The Birmingham office of law firm Mills & Reeve is celebrating after being featured in the top 10 places to work for in the region, part of Best Companies annual list ranking the finest UK and regional employers.

Nationally, the firm also achieved 23rd place in the UK 100 Best Companies to Work For list, a huge rise from 90th place in 2020, and an impressive second place in Law’s 20 best firms to work for 2021.

Mills & Reeve continue to be the only law firm to have been named on a Best Companies list for 18 years in a row. This recognition follows the firm being named as one of the top law firms in the UK for the fifth year running by RollonFriday.

The Best Companies results show that Mills & Reeve improved its

scores across all eight workplace factors with the largest increases in leadership, which exceeded Best Companies’ three-star benchmark by six per cent and giving something back, which rose by eight per cent from 2020. The other six factors are wellbeing, fair deal, my manager, personal growth, my company and my team.

Steve Allen, partner and head of the Birmingham office at Mills & Reeve, said: “I’m very proud that we have been listed as one of the top 10 Best Companies to work for in the Midlands. Our culture has always been central to the growth of our Birmingham office particularly during the challenges of COVID-19.Creating an innovative, diverse and supportive environment for colleagues to work in translates into first class service for our clients in the sectors and markets in which we operate.”

To mark its resilient performance, the nationally recognised law firm, which operates offices in Birmingham and Manchester, is also announcing that 240 staff will receive a 5% of salary profit share bonus.

Peter Hubbard, senior partner at Anthony Collins Solicitors, said “It has been a landmark year for the firm. We want to build on this, moving forward with our colleagues and client partners to continue delivering a positive social impact across the UK. In recognition of the extraordinary commitment of everybody working at ACS during the pandemic, I am delighted we are awarding a 5% of salary profit share bonus to all staff so we all share in the firm’s success.

ACS colleagues have been extremely flexible in their approaches to work and we want to recognise and reward them for this.”

GLOBAL POSITIONS FOR BIRMINGHAM PARTNERS

DWF has announced the appointment of two of its Birmingham-based partners to senior global positions, effective from 1 May 2021.

Jon Stevens, managing partner of the Birmingham office and leading tax law specialist has been appointed Deputy Global Head of Tax and Private Capital. This role will see Jon oversee a global team of more than 100 people, comprising of over 60 in Spain and 20 in the UK and Ireland.

Jon has worked in Birmingham for over 20 years and has experience of advising clients on a wide range of tax issues including corporate and property tax matters, group 6 www.birminghamlawsociety.co.uk

reorganisations and tax disputes.

Toby Askin, equally experienced in property development, investment and portfolio management, has been appointed Global Head of Real Estate. Toby, who is currently UK Head of Real Estate, will lead and implement a strategy to grow the global Real Estate Team. The team comprises of 200 talented and experienced lawyers, across 17 offices and 10 jurisdictions and has worked on some of the industry's largest transactions.

These appointments complement the ongoing support from Birmingham based Melanie Williams as Head of DWF's Real Estate Sector and

Hospitality Group. In addition to her role at DWF Melanie also sits on the Board of Directors of the Colmore Business District (BID) and the Board of Citysave Credit Union. These appointments form part of DWF's new internal operating structure which it announced in January.

The new structure is an important step forward in DWF’s strategy, which will help it to fulfil its aim of becoming the leading global provider of integrated legal and business services. It will see the Group move into three more streamlined and efficient global divisions of Legal Advisory, Mindcrest and Connected Services.

MANAGE YOUR CONVEYANCING BUSINESS, DIGITALLY very busy, but the integration is saving our conveyancing and accounts teams huge amounts of time. We’re not having to re-enter information and with costs coming back to the ledger automatically it ensures we don’t miss any payments when billing, which will save us writing off expenditure going forwards. It’s a fantastic enhancement to the software, and between Linetime and InfoTrack, we can clearly see the benefits of performing endto-end conveyancing processes digitally.”

Linetime and InfoTrack have announced productivity enhancements to their two-way integration, enabling conveyancing departments to achieve end-to-end conveyancing, digitally.

InfoTrack’s File Importer enables users to select files held within the matter to be accessed, removing the hassle of saving to desktop, renaming, and uploading.

Preventing the risk of misplaced or misfiled documents, all results are returned directly to the matter in Linetime.

Further enhancement ensures posting slips can be generated with the full transaction-related order information and posted directly to the client ledger on order or await approval on a line-byline basis, reducing manual errors and missed disbursements. Built to optimise conveyancing workflows, the integration is already being embraced by Catteralls and Rogers and Norton Solicitors.

Kerry Ridley, Practice Manager at Catteralls comments, “This integration makes life so much easier. It provides us with access to a suite of products that address the issue of time and resource. The Land Registry integration is particularly valuable. We were wary initially of promises relating to an integration, but the process was simple, and the results have been very positive for our firm. The smooth delivery was achieved by efficient communication with our case management provider. We have immediate access to property reports, Land Registry and SDLT services which is already saving us lots of time, and all costs returned to the ledger within Linetime reduces errors and missed disbursements.”

Bruce Faulkner, Director at Rogers and Norton Solicitors adds, “I wish this integration had been available years ago. Conveyancing continues to be

Speaking about the importance of integrations to firms, Scott Bozinis, CEO of InfoTrack says, “Firms working within a CMS must look to integrate, especially with the shift toward flexible working arrangements. More firms now operate early in the morning and late into the evening. Integrations by InfoTrack ensure activities by individual users are simple and accessible, but also recorded using automation, ultimately reducing errors and increasing productivity. These enhancements are fantastic for all parties progressing through a conveyancing transaction.”

Adam Bullion, General Manager of Marketing at Linetime says, “Firms using the integration are experiencing the benefits across all aspects of the conveyancing journey from instruction to post-completion. We have been particularly impressed with InfoTrack’s Property Report and eCOS; products which both solve a lot of challenges that firms have been facing for some time.

These enhancements apply real value to InfoTrack’s offering within an integration, full of digital conveyancing products, meaning firms are focused on managing the business and not the software.”

To find out more, visit www.infotrack.co.uk/integration/

CYBER CRIME IS A CLEAR AND PRESENT DANGER TO ALL Globally companies and organisations are being hit with cyber-attacks with devastating consequences. The majority of these attacks begin with a phishing email. By working together we can ensure that organisations stays protected say the West Midlands regional Cyber Crime Unit.

WHAT IS PHISHING? Phishing is when attackers attempt to trick users into doing ‘the wrong thing’, such as clicking a bad link that will download malware, or direct them to a dodgy website.

Phishing can be conducted via text message, social media or in person by phone. However the term ‘phishing’ is mainly used to describe attacks that arrive by email. Attacks can install malware (such as ransomware), sabotage systems, or steal intellectual property and money.

WHAT WILL EMAILS CONTAIN – C.A.U.S.E? • Current events – Are you expecting to see a message like this? Criminals often exploit current news stories, big events or specific times of year (like tax reporting) to make their scam seem more relevant to you.

• Authority – Is the message claiming to be from someone official? For example, your bank, doctor, a solicitor, or a government department. Criminals often pretend to be important people or organisations to trick you into doing what they want.

• Urgency – Are you told you have a limited time to respond (such as ‘within 24 hours’ or ‘immediately’)? Criminals often threaten you with fines or other negative consequences.

• Scarcity – Is the message offering something in short supply, like concert tickets, money or a cure for medical conditions? Fear of missing out on a good deal or opportunity can make you respond quickly.

• Emotion – Does the message make you panic, fearful, hopeful or curious?

Criminals often use threatening language, make false claims of support, or tease you into wanting to find out more.

You can forward suspicious emails to report@phishing.gov.uk or text messages to 7726. www.birminghamlawsociety.co.uk 7

SOCIETY NEWS

HARNESSING TECHNOLOGY IN A MILLENNIAL HOME BUYER MARKET the way millennials engage with businesses and services comes with changing expectations. This rings true within the legal industry too.

Access anywhere, from any device is expected as standard.

Paper and printing are symbols of a bygone era with digital now reigning supreme, and speed is a top priority. While this is common among the millennial market, it would be wrong to assume those in older generations aren’t switching to a similar mindset.

Albeit at a more leisurely pace.

This was recently evidenced when a firm told us their 90-yearold client was thrilled to be using InfoTrack’s digital verification of identity tool during their onboarding.

Centred amidst the biggest property industry boom in more than a decade the industry is fraught with pressure from every angle.

Increased transaction volumes fuelled by the SDLT holiday, changing social restrictions and an ever-increasing millennial home buyer market are all reshaping the landscape.

Across the UK, first-time buyers average 32.2 years, in the capital this rises to 34.5 years.

With more than 50% of firsthome buyers now part of the millennial generation, there’s good cause to understand these consumers better writes Bronwyn Townsend, Senior Marketing Manager, InfoTrack.

The journey to secure a place on the housing ladder has been riddled with difficulties for millennials. From housing market bubbles and a widening income-to-deposit disparity to the withdrawal of 95% mortgages in 2020, it’s proven challenging.

Though, changing circumstances over recent months including the emergence of ‘accidental savers’ and savings made on property tax breaks, more millennials are diving into the property market than originally forecast.

This is a generation that grew up on the cusp of technological change. A hybrid period where analogue technology overlapped the inception of the internet, the transition from CD to MP3 and the advent of smart phones. The first generation of digital natives,

So, how can firms embrace these new client expectations?

Technology is the obvious choice. Streamlining processes, increasing accessibility and making services easier are all benefits of adopting a digital conveyancing process.

Connectivity, regular updates and smart apps are cornerstones of the millennial experience. So, by addressing this generation with technology you not only meet but exceed expectations of the changing landscape.

The adoption of electronic client onboarding solutions and digital signatures, all possible with already-available technology, will have a monumental impact.

The best part is, it’s not only your clients that will receive an exceptional experience, so too will the users in your firm.

Find out more at infotrack.co.uk

FIRM SUPPORTS BRITISH ROWERS Irwin Mitchell has been announced as the Official Legal Partner to British Rowing which will see the firm support British Rowing with the full portfolio of legal work, encompassing IP and data protection, commercial advisory, risk management and disputes, employment, safeguarding and sponsorship.

The last 35 years has continued to see British Rowing thrive, with rowing one of GB’s most successful Olympic sports.

8 www.birminghamlawsociety.co.uk

As the new Official Legal Partner, Irwin Mitchell will be working alongside British Rowing to ensure this success continues, with the firm enjoying a strong track record of support for sporting bodies.

News of the partnership follows Irwin Mitchell becoming the official legal partner of England Rugby in 2019, which has already seen the introduction of a Legal and Tax Helpline to support member clubs and the development of a new mentoring programme.

Wherever you roam, client onboarding with eCOS is pitch-perfect

Technology that connects you, wherever that happens to be Are you trudging through the process of gathering client information to start a transaction?

Onboarding your clients shouldn’t peg you in. eCOS, our electronic client onboarding solution, brings together everything you need to achieve remote onboarding. Access to client care packs, verification of identity and source of funds solutions, onboarding questionnaires and Law Society TA forms, all integrated into your CMS. eCOS gives you visibility over your onboarding process within a single platform.

Embark on a new adventure.

Start onboarding digitally with eCOS from InfoTrack.

Visit www.infotrack.co.uk/ecos or call us on 0207 186 8090 to say no to paper and onboard clients electronically.

WELLNESS

how much pain you are in. How will this affect your body if you continue to do this each day?

So, what can we do about it?

Getting ‘in tune’ with yourself by ‘checking-in’ throughout the day will not only help you understand what you need, but also help you perform better, more accurately and with improved focus.

We can use various ways to do this.

A simple method is to set your alarm 4 or 5 times a day to ‘check-in for 60 seconds’, or ideally do this ‘check in’ after calls and meetings, so it becomes a habit. Habits are better formed when following something else you have done.

WHY MINDFULNESS?

BY ZACH FAIRBANKS, MINDFULNESS MEDITATION TEACHER, CO FOUNDER OF WELLBEING IN YOUR OFFICE

I was driving on a motorway one day and had the radio blasting out a Foo Fighters song that had caught my attention. I cranked up the volume and enjoyed the next few minutes of indie rock.

Whilst listening to the song, I needed to overtake a slower truck, so I dropped down into third gear. The Foo Fighters song continued (it was ‘Times Like these’ if you’re a fan) and then as it finished, I noticed the sound coming from my car engine - a high pitch, over-driven noise. I was still in third gear and had been for about the last 5 minutes without realising. The music in the car was so loud that I didn’t hear the engine sound to know I needed to change gears (those of you with automatics are going to have to go with me on this, you can blare out music all day long!).

In order to know when to change gear, we need to be able to hear the engine. It gets to a certain straining pitch, and we know we need to change.

So, what has that got to do with Mindfulness? Well, imagine the volume of the radio in my car is workload & distraction. Specifically, let’s imagine you have various zoom calls, phone calls and meetings back-to-back. You are unlikely to tune in to yourself and your needs.

How many times have you come off a zoom call and noticed you are hungry or need the loo? These are powerful sensations from our body that tell us we need to do something 10 www.birminghamlawsociety.co.uk

and that we have learnt to respond to from an early age.

We do not always get that right how many ‘hangry’ people out there don’t realise they are hungry! Not all things that we need manifest as an immensely powerful sensation. If we don’t get to turn down the volume of the radio i.e., we don’t check in between those zoom or phone calls to listen to how are ‘engine ‘is doing - how are mind & body is doing, then we are ignoring vital messages from our mind & body that are important for our wellbeing.

Why do I need to listen? Unlike an automatic car, we can be very ‘manual’ in the way we work. We override our bodily indicators - those sensations that can inform us on how we are feeling. We tend to push through, or we simply ignore them but when listened to, these sensations are very helpful. They can be intuitive feelings, fatigue, stress, excitement, joy and anxiety etc. By listening to them, we can make appropriate responses - we can also mentally walk ourselves through concerns that have come up during our day.

We notice we are tired and we take a break, pace ourselves, so we can perform at better levels for longer. If you are tired and becoming easily irritated as you have not ‘checked in’ - how will that be for a team member or client if you are communicating with? Maybe you are even sitting in an awkward position, so engrossed in your work, that you don’t notice

Check-in after each call by closing your eyes and paying attention to the in and out-breath and the sensations in your body.

Then, mentally walk through your day so far, notice worries and concerns and walk your mind through them. This will relax the anxiety that may be generated and building up from some of your work so far.

Meditate each day - meditation helps tune into your mind and body to become more ‘awake’ in the present moment and more aware of what you need and how you are. By meditating we can cultivate the skill of non-attachment to our thoughts and judgements and enable ourselves to simply observe them and let them go.

This can help us re-frame judgements and help us be less reactive to them. By doing this on a consistent basis, research shows that we will improve our ability to focus, be resilient, less ill, improve our relationships with colleagues and loved ones, and improve leadership and performance. From a business perspective, it is worth investing in and according to Delloite, will pay back 5 times of what you invest.

Zach Fairbanks is a Mindfulness Meditation teacher and Co-Founder of Wellbeing in Your Office who offer an array of services for businesses either face-to-face or on-line, including Yoga, Mindfulness, Nutrition and First Aid for Mental health.

Find out more at wellbeinginyouroffice.com, email info@wellbeinginyouroffice or call Tel. 07875 385 398

WELLBEING: WHAT DOES IT ACTUALLY MEAN? space to think and process my thoughts whilst enjoying the great outdoors.

It was a few years later that Pilates became a part of my everyday life. I was hooked from the start – enjoying the challenge, focus and control element of the exercises. I like to set myself goals, so I gave myself a 5 year plan to practice and train to become a level 3 instructor. There were many times that my wellbeing was challenged during this period – juggling my work and personal life alongside 200hrs of Pilates practice, a practical exam and a level 3 anatomy and physiology exam to revise for!

However, soon after I qualified, I jumped at the opportunity to train as a Freestyle Fitness Yoga instructor too and my love for restorative style yoga teaching and practice was born.

FRESH FROM RUNNING A YOGA RESTORE CLASS FOR BLS MEMBERS, AS PART OF WELLBEING WEEK, SIMONE GANNON LOOKS AT WHAT WE ACTUALLY MEAN WHEN WE TALK ABOUT ‘WELLBEING’

It was a pleasure to have the opportunity to teach an online Yoga Restore class to BLS members last month as part of “wellbeing week”.

For those of you that were able to join in, I hope you enjoyed the class and experienced the benefits of spending some focussed time on mind-body connection, breathing patterns and stretching to release tension and stress in the body.

I truly believe that Yoga and Pilates when practiced regularly are excellent ways to give the body and mind the space and attention they deserve, which in turn contributes to a positive wellbeing.

Wellbeing is definitely the latest “buzz word”, but what does it really mean?

According to the Oxford Dictionary, it’s “the state of being comfortable, healthy, or happy”. However, it is important to realise that wellbeing is a much broader concept than moment-to-moment happiness; whilst it does include happiness, it also includes other things, such as how satisfied we are with our life as a whole, our sense of purpose and how in control we feel.

Often when our wellbeing isn’t being nurtured, we begin to spot tell-tale signs

such as poor sleep patterns, irritability, increased heart rate, poor concentration, less interest in day to day activities etc. If we don’t act, we spiral deeper into a negative state, which is why it is important to allow time for activities which allow time to reflect, assess and respond.

Easier said than done I know!

From personal experience, managing wellbeing is an ongoing task – not something we only tackle when we are stressed to the hilt! As the demands of our job or personal circumstances change, our wellbeing needs change.

Finding gratitude in small pleasures are easy wins than can provide an instant “pick me up”. Also, I believe everything in moderation is the key to a balanced, healthy lifestyle.

It was during a challenging period in my life in my mid 30’s that I found the huge benefits of regular exercise. Before then I’d dipped in and out of gyms and yoga classes – but really, they’d always been a box ticking rather than fitness regime exercise! With a full time career, two young children and very limited time, I found the endorphin fuelled high of a 30 minute jog around the block. Eleven years on, whilst I still find running a challenge, it always allows me time and

Most people have heard of yoga and presume Pilates is the same concept.

Whilst both focus on a mind-body connection (a great wellbeing tool) and both will strengthen, tone and encourage the body to become more flexible, they are in fact very different disciplines. Pilates, which consists of just 34 exercises, developed by Joseph Pilates back in the 1920’s, involves a sequence of exercises that ultimately link together to bring the body back to its natural alignment. Yoga by contrast has been around for many centuries and there are many different forms practiced today. My preference is restorative yoga, which focusses on a sequence of static stretches, flowing throughout the class from one asana to the next, with a breathing pattern that focuses the mind on the body, allowing muscles to release and lengthen and bringing the resting heart rate down.

I’ve been teaching Pilates and Yoga alongside my “day job” for almost 2 years now. Juggling the two is sometimes difficult and I do need to ensure that my own wellbeing is being managed. That said, I have never enjoyed any job as much as I enjoy teaching. My goal is to eventually make teaching my full time career. I currently run my own online classes, as well as teaching at The Belfry Hotel and Resort and PL Health Hub. By autumn 2021, I will also have my very own home studio where I will teach all levels of Pilates, Yoga Restore and Yoga Flow.

Whist my website is under development, you can find class schedules on my Instagram page Simone.Gannon or email me for further information sgannon41@yahoo. co.uk www.birminghamlawsociety.co.uk 11

NEWS

SIX PROMOTIONS AS THE WILKES PARTNERSHIP GOES FROM STRENGTH TO STRENGTH The Wilkes Partnership has announced a round of six promotions as it sets its sights on another year of continued growth.

Three teams across the full service law firm will see colleagues progress to Associate Solicitor: Helen Smart in the Corporate team, Lucy Cox in Private Client, and Elisabeth Conner in Commercial Litigation. The Real Estate team will welcome two new Senior Associates in Kirstie Forrester and Leighann Richards, while the Family team will be pleased to see Sian Kenkre’s hard work and diligence rewarded as she, too, is promoted to Senior Associate.

Gareth O’Hara, senior partner at the Wilkes Partnership, said “We are very pleased to announce this round of promotions. Helen, Lucy, Elisabeth, Kirstie, Leighann and Sian are all held in the highest regard by clients and colleagues around the business”.

He continued “We pride ourselves on presenting innovative and timely solutions to the issues our clients’ bring to us. This round of promotions is in recognition of some of our key solicitors who have provided this

advice in what has been a testing twelve months. These individuals have gone that extra mile to extend our reputation for first-class advice and exceptional client service”.

For more information on the Wilkes Partnership visit: www.wilkes.co.uk.

ENOCH EVANS ENHANCE FAMILY LAW EXPERTISE

Enoch Evans LLP has welcomed Sara Morton as a senior solicitor to its growing matrimonial and family team, adding her significant expertise on financial and complex children matters to its already established portfolio of services at its Sutton Coldfield office.

With the Covid-19 pandemic bolstering the already strong demand for legal family matters in the region, Sara’s appointment is ideally timed to further extend the firm’s services in relation to divorce and dissolution of civil partnerships, financial matters following the breakdown of a relationship, pre- and post- nuptial agreements, disputes in relation to children, domestic abuse and injunction proceedings, as well as matters which may arise in relation to non-married couples such as cohabitation agreements and declarations of trust.

Sara said: “In my experience, family law is one of the only areas that has remained strong during the pandemic. The great upheaval to everyday life has led to many families struggling to deal with existing challenges, only contributing to their requirement for legal support. These are often related to worsening financial circumstances, change in family dynamics during the pandemic or arrangements for children.

12 www.birminghamlawsociety.co.uk

NEW RECRUITS FOR FIRM The Birmingham office of top 50 law firm Penningtons Manches Cooper has announced its latest senior appointments. Partners Adam McGiveron and Emma Bryant have joined from Shakespeare Martineau and will be responsible for growing the firm’s corporate practice in the Midlands.

Adam has more than 20 years’ experience across the spectrum of corporate transactions. He has built a strong reputation amongst mid-market companies advising on mergers, acquisitions and private equity funding.

Emma has a particular interest in early stage and growth businesses but also acts for large corporates, local authorities, universities, and property development companies.

Their arrival marks the third time in less than a year that Penningtons Manches Cooper has made senior lateral hires into its Birmingham office: Gemma Bell, a housing governance expert, joined in June 2020 alongside her team of three specialists, and Dr. Lisa Page, an intellectual property lawyer with a focus on the life sciences sector, followed in September.

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OPINION

PERSONAL RESPONSIBILITY: WHERE DO YOU STAND LEGALLY IF YOU DON’T WEAR A MASK? Furthermore, the burden of proof, (evidence that a claimant needs to produce to prove their case) is a lower burden than that of a criminal action. The burden in a civil action is that the claimant must prove their case on ‘a balance of probabilities’, i.e. that the claimant is more likely than not to be right, and has weightier evidence than the defendant (the person they are suing). Whereas the burden of proof in a criminal action is that the prosecution must prove their case ‘beyond any reasonable doubt’.

If it is clear, therefore, that an individual is not wearing a mask amongst hundreds of others who are, then it’s likely that the finger will be pointed at that person. So, is it worth risking not wearing a mask?

As we slowly emerge from lockdown and life is desperately trying to get back to normal, should we take the step not to wear a mask asks Amanada Hamilton of NALP? With numbers of vaccinations to date reaching 60 million many believe that it’s all over. But it’s not, and the Government guidelines still recommend mask wearing and social distancing.

So, if you take the step not to continue with mask wearing, and you contract COVID-19, or worse, you are a carrier and pass it on to someone else, whose fault is it, and can they or you be held legally liable?

The law will naturally be vague over this issue as we have yet to experience such a case. In many ways, it will be like trying to ascertain how you contracted a common cold. It will be difficult to pinpoint who had passed it on or from which location the virus was contracted.

However, the subtle difference in this circumstance, is that having taken the step to refrain from mask 14 www.birminghamlawsociety.co.uk

wearing, you may be the only person to do so, and the finger may easily point at you.

So, the question is whether you can be held liable in law?

The simple answer is probably in the negative. The reason for this is that there is no law making it mandatory to wear masks, it is simply a guideline suggested by the Government in order to keep people as safe as possible. So, it will definitely not be a crime (an offence against the State). But, could it be a civil wrong (an action caused by one individual against another individual causing injury or damage)? The answer to that is, maybe.

The fact that there is no crime committed, as there is no statute stating that mask wearing is mandatory, does not mean that an individual who believes they have a claim against another in say, negligence (not wearing a mask) that has caused personal injury (contracting COVID-19) cannot sue that individual through the civil courts. Winning such an action, gives rise to the automatic remedy of damages (compensation). The amount of damages, depends on the injuries and loss suffered.

Despite the large numbers of people that have been vaccinated, it is vital to remember that the vaccination does NOT prevent you contracting the virus. What it is meant to do is to reduce the serious effects that the virus can have, and to reduce fatalities. So, while you may believe it is ‘all over’, it is not. Furthermore, we should not forget that the virus is mutating in order to survive, and that means that we are bound to get another wave or two before the virus dies out completely.

This is even more vital given the situation evolving in certain parts of the world where infections and deaths are rising at an alarming rate.

We should therefore be sensible, and responsible to those around us and wait until the figures are zero, both for infections and fatalities, for a number of weeks, or perhaps even months, before we take the decision to refrain from wearing a mask or social distancing.

Otherwise, is it worth the risk?

Answer: most definitely not!

However, if you do run into legal difficulties, then a paralegal can help and will be considerably more cost effective than a solicitor. Paralegals are legally trained, can do many (but not all) of the same jobs as a solicitor and can assist you at a reasonable cost.

Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP). www.nationalparalegals.co.uk

OPINION

For more than 15 years, Emma Taylor has used her experience as a trained actor and scriptwriter to improve the public speaking skills of MPs, councillors, CEOs, lecturers and entrepreneurs. Now she is turning her attention to legal professionals, with a brand new workshop for Birmingham Law Society, designed to equip advocates with the skills required to present clear, compelling arguments in court.

Tell us more about why you developed a course specifically for legal professionals.

Lawyers often come to me looking for one-to-one training to improve their public speaking skills, because while they have plenty of technical knowledge, they lack confidence when speaking in court.

Many of these lawyers have a great deal of empathy: they are driven by a desire to do the absolute best for their clients. But they are often more comfortable working ‘behind the scenes’. I wanted to design a course to help them to feel more natural when they are ‘in the spotlight’ too.

How is ‘public speaking’ relevant to the unique environment of the courtroom?

While you need a lot of training to be a lawyer, you don’t have to be a legal expert to know how to construct a great argument!

Knowing what metaphors to use and when to use them; knowing how to enunciate properly; knowing how to use your words to really persuade your audience - these are skills that cut across all disciplines.

Success in court is also about more than just being able to write a good speech - it’s about having presence, and being able to adapt and respond to your audience rather than being tied to a script. My background in acting and drama means that I can teach classical acting and vocal techniques alongside more traditional public speaking skills all of which can help develop an effective courtroom presence.

What’s the most common issue you see in those who have to speak in court?

Almost everyone who comes to me for advice about speaking in court 16 www.birminghamlawsociety.co.uk

COURTROOM DRAMA PUBLIC SPEAKING EXPERT EMMA TAYLOR EXPLAINS HOW BRUSHING UP ON YOUR ACTING SKILLS CAN IMPROVE YOUR ADVOCACY IN THE COURTROOM.

has a problem with nerves. That’s entirely normal! It can be hard to ‘find your voice’ in such a daunting environment. There are also often unusual acoustics in courtrooms, especially in older buildings, which can throw people off when they start speaking and hear their voice echoed back to them.

Nerves are easier to manage as you become more experienced and get to know the system and the judges. However, even those who have been advocates for a long time can benefit from re-learning the basics. Many lawyers that I have spoken to about this course have expressed regret that it wasn’t available to them when they

were training - to them, I would say definitely still come along as you will still almost certainly learn something new.

Emma’s upcoming training workshops ‘Doing Yourself Justice in Court’ is being held on 4th November 2021 9.30am to 1:00pm and 2:00pm to 5:00pm at No5 Chambers (Fountain Court, 5 Steelhouse Ln, Birmingham B4 6DR).

Book your place now via the Events page on the Birmingham Law Society website: www. birminghamlawsociety.co.uk

HELPING TO MAKE A DIFFICULT, COMPLEX AREA OF LAW A FRUITFUL SATISFYING CAREER ONE KEY LESSON FROM 30 YEARS OF MEDICAL NEGLIGENCE AND CATASTROPHIC INJURY PRACTICE

pre and post instruction. Ideas are evaluated and conclusions are reached as the solicitor and clinician bring their respective expertise wholly and openly to the table.

And I’ve seen what happens when one deviates from the principle of working with experienced professionals. Fly by night agencies, run by unqualified middlemen jeopardize cases; they lose paperwork, instruct an expert without the right experience or in the wrong specialty, and miss deadlines. They hurt the reputation of the industry, and many Experts and solicitors have sworn off using reporting companies.

I understand why, years down the line some of them still owe me money from when I provided them with reports!

Notwithstanding this, there are good agencies around and I can attest to this as I have worked with them for many years.

Medical Negligence and catastrophic injury cases are complex and paperwork heavy at the best of times. To give you an indication of volume, in one case we recently had to increase storage for medical records to 10 GB. Bear in mind this is not simply collection of x-ray photographs or videos; these are mostly paginated, collated, organized written notes. And as if that paperwork burden wasn’t enough, our instructing solicitors are often navigating tight deadlines, unhelpful agencies, demanding insurance companies and high capital requirements writes Vinod Kathuria of Tula Medical Negligence Experts.

determined my level of satisfaction and achievement in the field.

And yet many of us continue to grow and thrive.

Equally, the solicitors who instruct us, many have been instructing me personally for decades. Over the years the friendships have developed, and the standards never waiver. Detailed letters of instruction are often augmented with calls, and informal discussions

If I had to choose just one key, one magic ingredient for the longevity of my practice it would be this; the professionals I work with have

For this reason at Tula I personally vet all the Experts on our panel. Many of them I have worked with long hours, doing surgery, on call at the hospital, or over joint reports. Anyone can talk the talk but when your nominated Expert has previously sprung to action on a Friday evening and been late to a family barbeque (or missing it altogether) because they put their patient first, you know that this is someone you can trust implicitly. Unsurprisingly these are the same experts who consistently provide case winning reports and are happy to have informal discussions to test a case.

When I joined Tula Medical Negligence Experts I knew that that we had to offer more than just fancy case management software, and all the latest tech. Ultimately these are the basic tools to service the instructions we receive. The real superpower we have is our staff. I personally review each instruction to ensure the right expert is nominated, everytime. Our manager is a lawyer with 25+ years of claimant experience, who used to instruct me in my personal practice for years before joining us.

Everyone at Tula is either legally or medically trained and that a principle we will always follow. Although the infrastructure of the reporting industry changes, for example we recently have recently appointed a DPO to train our staff and build up our Data Privacy and security certifications, ultimately I believe it’s working with experienced professionals that will yield a better daily experience at work as well as a long and profitable career.

Vinod Kathuria (MBBS, MS, FRCS (Eng) MCh (Orth) is a consultant orthopedic surgeon and clinical director of Tula Medical Negligence Experts, a medical reporting organization specializing in medical negligence and catastrophic injury cases.

www.birminghamlawsociety.co.uk 17

OPINION

HOW TO ENSURE ACCOUNTABILITY AND INCLUSION? THE ANSWER MAY

We hear time and time again about the importance of equality, diversity and inclusion in society, including within the workplace.

Given the events over the last 15 months, including the murder of George Floyd and the resurgence of the Black Lives Matter Movement, as well as the disproportionate impact of the Covid-19 pandemic, equality, diversity and inclusion continues to be at the forefront of discussions in all walks of life, including the legal sector.

After more than a year of talks, articles, social media posts, statements etc, many are asking what has changed?

The legal sector has long been grappling with the challenges of how to improve diversity and inclusion in all forms. The firms that we work for will have been taking various steps to address them. It is clear, however, that there is still much that needs to be done.

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Furthermore, as we begin to feel the medium and longer term impact of the pandemic and various forms of lockdown, new research shows that the pandemic is, sadly, increasing the disparities faced by various groups. For example, we know that studies, including McKinsey’s Covid-19 and gender equality study , are demonstrating that working women have faced the worst effects of the pandemic, whether it be due to being more likely to be put on furlough, more likely to face job losses or the inequalities in caring and domestic responsibilities.

PwC’s Women in Work Index described a “shecession”, so that progress for women in work will be back to 2017 levels by the end of 2021 due to the global pandemic.

Dealing with the immediate pressures as a result of the pandemic, including, for example,the financial impact on business, agile and remote working, digitisation, caring responsibilities

may have caused the focus on equality, diversity and inclusion to fall further down the priority list.

However, as alluded to above, the real societal shift we are seeing means that the equality, diversity and inclusion challenge cannot be ignored. There are dangers of increased home working limiting transparency and scrutiny of decision making, policies and progress. A report by the Bridge Group also found that diversity progress is stalling due to a weak use of data by firms and regulators.

So how do we move beyondsimply having the conversations about equality, diversity and inclusion and actually move to ensuring that actions are being taken and our organisations are held to account if and when necessary?

Unfortunately, there is no magic answer to this question, but it is helpful to discuss the developments we are now seeing in the legal sector.

Y FOR EQUALITY, DIVERSITY LIE WITH OUR CLIENTS. One source of accountability may be our clients. Increasingly, we see reports of organisations holding the firms that advise them to account on equality, diversity and inclusion, requiring firms to embrace equality, diversity and inclusion in a meaningful way and being “scored” on their progress.

Recently, Nokia announced the launch of its new initiative which it hailed as being “unique in focusing on collaboration, partnership and support across the industry to influence positive change and progress in the legal profession”. The tech giant is creating a scorecard that its panel firms will be assessed against quarterly and annually on steps they take to build an “equitable, diverse and inclusive” environment. The scorecard will include recruitment policies, pay, and the availability of mentoring and pro bono initiatives. Interestingly, it will also include a percentage of billable work carried out by lawyers from diverse backgrounds.

Building on the theme of partnership, there is also a level of reciprocity as Nokia’s legal team and its equality, diversity and inclusion committee will provide its panel firms with mentorship, and share challenges and best practice in order to “maximise engagement and accelerate progress” helping to develop and refine firms’ own equality, diversity and inclusion practices.

Other organisations that have used their buying power to push their panel firms to embrace equality, diversity and inclusion include BT, Natwest, Diageo and Tesco. We also see corporations holding our American counterparts to account by charging levies or enforcing reductions on fees until targets are met.

Whilst these are large corporate clients, we know that our society as a whole has strong expectations of those people and organisations with the influence and power to lead the way when demonstrating improvements in equality, diversity and inclusion. Therefore, even if your firm and/or your specialism means that you are not likely to be engaged by these large corporations, all law firms - as businesses and as employers – must do better. In addition to the positive impact this will have on society, this will also ensure that lawyers are meeting the expectations of our current and future clients and, as employers, meeting the requirements of current employees while attracting future talent.

Across the sector, execution of equality, diversity and inclusion strategies is still

weak. Many colleagues have mentioned the need to move from conversation to action. We know the old adage “what gets measured gets done”, so the external drivers of clients using their buying power to bring in accountability and forcing firms to demonstrate the progress they are making should create meaningful action. We know the impact that mandatory gender pay reporting had in generating some accountability (and transparency) to this area, albeit not a silver bullet by itself. Perhaps using methods such as scorecards will drive firms to use their data to map progress more effectively. It is also hoped that the rise in ethnicity pay gap reporting which some firms have committed to, whilst not currently mandatory, will have a similar effect.

However, that being said, mere numbers, data and statistics alone will not meet the equality, diversity and inclusion challenge. There are dangers that score cards and statistics could be used as a tick box exercise. For true meaningful change we need a combination of approaches, including a focus on culture within our firms, aided by data to allow for accountability. Culture is intangible meaning that it is hard to define but (to steal another well-used phrase) “culture eats strategy for breakfast”. Therefore, organisations need a powerful and empowering culture which is shared by all in order implement and drive the firm’s policies, plans and strategies in a meaningful way. Equality, diversity, and inclusion is not a one-time problem to solve; creating a transformational and progressive equality, diversity and inclusion culture is all the more important.

The Birmingham Law Society Equality, Diversity and Inclusion Committee is committed to supporting our members to improve diversity and inclusivity across the Birmingham legal sector. If you’d like to hear more about the work that we are undertaking or would like to join the committee then please contact our chair Karen Bailey (karen@baileywright.com) Sharon Thandi is an associate at Penningtons Manches Cooper LLP and is a member of the Birmingham Law Society Equality, Diversity and Inclusion Committee, with a focus on the Social Mobility and REACH (Race, Ethnicity and Cultural Heritage) subgroups. Twitter: @SharonThandi07 and LinkedIn: Sharon Thandi.

EVENTS & WEBINARS Thursday 8th July 2021 4:00pm-5:00pm Personal Injury webinar with St Philips Chambers @online Monday 12th July 12:00pm - 1:00pm New Technology and the Future of Payments with Justin Simon-Shaw, Western Union Business Solutions @online Wednesday 28th July 5:00pm - 7:00pm AGM @online Thursday 5th August 4.00pm - 8.30pm Football Tournament, @Star City Wednesday 1st September Time 12:30pm – 6:30pm Civil Costs Conference @No5 Chambers Thursday 9th September 12:00pm - 8:00pm Charity Golf Day @Olton Golf Club Friday 10th September 12:30pm-4:30pm Legal Tech Conference @St Philips Chambers Tuesday 14th September 2021 6:00pm – 7:00pm Meet the Committee: Family Law Committee @ 3PB Thurs 16th September 6:45pm - 12:00am President’s Dinner 2021 @The Grand Hotel - SOLD OUT Friday 24th September 9:30am-12:30pm Virtual Legal Tech Conference @ online Friday 24th September 1:30am-4:30pm Legal Tech Hackathon @online Thursday 30th September 5:00pm - 7:00pm AGM @Squire Patton Boggs

To reserve your place and find out more visit

www.birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk 19

REGULATION REPORT SERVICE STANDARDS –WHY NOW IS THE TIME TO GET THINGS RIGHT WRITTEN BY JAYNE WILLETTS SOLICITOR ADVOCATE & BRONWEN STILL SOLICITOR CONSULTANT WITH JAYNE WILLETTS & CO SOLICITORS

An analysis of complaints from the 1970s when they were investigated by the Law Society until the present day reveals a depressing picture. Over the decades, it is the same issues that repeatedly frustrate clients.

These are delay, failure to keep clients properly informed over the conduct of their matters and failure to inform clients about costs. The ramifications from these failures include disciplinary action in the SDT, compensation awarded to the clients by the Legal Ombudsman and negligence claims. However, the stakes are now likely to become 20 www.birminghamlawsociety.co.uk

even higher as the SRA and other regulators are being encouraged by the Competition and Markets Authority and the Legal Services Board to work towards providing information about the quality of legal services provided by firms. The intention is that this will complement information currently required by the SRA Transparency Rules about costs, regulatory protections, and complaints procedures.

Digital review and comparison sites for legal services are already operating with mixed results in terms of the reliance and trust that the public places in them. These ese are being kept under review by the SRA. Client surveys still apparently show that word of mouth is

the most effective form of getting new business but online reviews are set to have much wider audiences. Poor service standards could do untold damage to a firm’s business and its reputation.

The SRA is also developing, in conjunction with other legal services regulators, the Legal Choices website which provides information for prospective clients about different types of lawyer, how they are regulated, how to access their services and what to expect from them. This is all intended to drive access to justice and improve competition. One of the pieces of the jigsaw not yet in place is how to enable clients to evaluate the quality of the legal services on offer and what

The Law Society began to appreciate in the 1980s that whilst clients generally took for granted that their solicitor would advise appropriately on the law and meet ethical standards such as keeping their information confidential and not acting where there was a conflict of interests, what really irked them was not being given adequate, or any, information either on how their matter would be conducted and the costs. To help firms get things right, the SRA and before that, the Law Society, have over the years issued Codes, rules, and guidance to drive improvements.

It is, therefore, far more instructive to look at what has been said earlier in Codes and rules to draw up a checklist. These are some of the basics they suggest in terms of information to give clients: • Who will be dealing with the client’s work, their status, how they can be contacted (including who in their absence) and their supervisor.

• The exact nature of the retainer – what work is included/what not • How the matter will be conducted: - Options for proceeding - What the various steps are likely to be - Importance and effect of relevant documents information they need to help them do this. This is something the SRA, other legal services regulators, and the LSB are currently discussing.

In the light of these probable future developments, now is a good time for firms to review their service standards, including client complaints, to assess what could be improved. To help with this, a look back at what has been said on this subject in previous rules and guidance is informative.

What should firms focus on in terms of standards?

The current Standard 3 in the 2019 Code of Conduct does not really help in that it just requires, in essence, that service delivered by firms should be competent and timely.

Standard 8 additionally requires that clients be given the best possible information about overall costs with appropriate updates. It also contains the information that must be provided about complaints handling. There are further specific requirements about costs and complaints handling in the SRA Transparency Rules.

- Timescales - Updates - what the client will be told, and when, about progress - If any delay – why and for how long - Possible contingencies which might affect the conduct of the matter • Costs: - The basis of remuneration – fixed fee, what work included/what excluded in fixed fee, hourly rate, variable rates, likely overall cost,

- How invoiced – costs on account, interim billing how often/at what stages, final bill - Source of funds – private, legal aid, ATE/BTE, CFA/DBA • Completion of a matter and the need to: - Account for funds held – advise if any money retained and why

Much of this should appear in a client care letter, the terms of business or documents like a “Client Charter” which some firms have adopted. The information should be clearly presented in a way that each individual client can understand. Where clients are vulnerable because of age, language problems, learning difficulties or for whatever reason it may be necessary to talk through key issues with them or take other steps to ensure they are clear about what is to happen. Most firms now give clients appropriate information at the outset but then fall down because they fail to keep them updated where problems arise and delays occur.

In the knowledge that there is likely to be much more public scrutiny of service standards, it would be prudent for all firms to check when time permits that their clients are indeed getting a good service. Documents like client care letters, terms of business and websites should be reviewed regularly in any event. This could be done in conjunction with other checks such as file reviews to ensure the firm is delivering what it promised. Complaints can also throw up recurring problems and reviewing these would complete the picture. The reverse side of the coin are testimonials that evidence good service and learning what pleased clients obviously helps the process.

If any further impetus is needed for a review of service standards there have been a number of cases before the SDT in recent times where practitioners have failed to provide a proper standard of service to their clients. Most common examples before the Tribunal are where the fee earner has not progressed the case and then lies to the client to conceal his or her failings. In 2021 so far we have seen a solicitor failing to update clients who were facing a repossession of their property and respond to requests for information; telling clients that settlement monies were on their way when the solicitor had not actually negotiated a settlement and finally lying to the client about the progress of the case.

The time is right therefore for a review once firms are back in their offices and can focus on this important aspect of their practice. And do remember if something does go wrong then the fact that regular reviews are undertaken will act as a mitigating factor in any investigation or claim involving the SRA; LeO or insurers.

- Explain archiving of file and future access - Return client’s property and papers www.birminghamlawsociety.co.uk 21

OPINION

NO RENT OR NO LANDLORD? parties enter into an agreement contrary to the new law.

What about the sanctions? The Bill makes it an offence where a landlord requires a tenant to make a payment of a prohibited rent (my emphasis). So, reserving such a prohibited rent in the lease is not the crime, it seems, only requesting payment. Either way, a rather draconian outcome for breaching its provisions, when one would think that simply making the payment unenforceable, would be enough punishment. Those collecting rents will need to be careful too.

The Leasehold Reform (Ground Rent) Bill was recently introduced into the House of Lords and is the first, of many such changes that are coming, to reform landlord & tenant law. This follows the Government’s stated objective of making the relationship between freeholders and long leaseholders, fairer writes Mark Adcock, Solicitor in private practice and former Law Commission lawyer.

The bill will no doubt be welcome news for some, particularly those buying a new leasehold home or renewing the lease of an existing one. This is because the principle object of the bill, is to ban the collection of a ground rent, of anything more than a peppercorn, on any long lease of a house or flat - or dwelling, as the Bill refers - granted after the Bill becomes law.

So what’s the detail?

First, certain ‘excepted’ leases will not be affected. These include, business leases (understandably -and watch for leases that permit home working), statutory lease extensions of both houses and flats, (which have their own rent constraining provisions), Community housing leases, home 22 www.birminghamlawsociety.co.uk

finance plan leases (eg equity release schemes), and a rent to buy lease. All these terms are defined in the Bill.

Secondly a voluntary lease extension, ie one granted by negotiation between the parties, will not be an excepted lease and as such will be caught by the new law. The new lease may reserve a rent equal to the old lease rent (including, presumably, what are now regarded as unreasonable rent reviews) but only until the date the old lease would have expired. After that, its back to a peppercorn for the remainder of the new lease term.

Plainly this provision is included so as not to retrospectively penalise a landlord – or deter the landlord form granting such a lease renewal, but the bill will not help those leaseholders who have entered into a toxic lease, as they have become known, where the lease contains excessive ground rent review provisions. That’s for tomorrow.

Thirdly, a rent contrary to the new law, will not be enforceable and the regulated rent will be substituted for it. Understandable.

In fact, the Bill addresses what will happen in the event that the

The enforcing authority is the local weights and measures authority (or the local council put simply) who can impose a financial penalty on the offender of an amount of it’s choosing – not less than £500 nor more than £5000 - if it is satisfied beyond a reasonable doubt that the law has been breached. The local weights and measures authority must enforce the law but any weights and measures authority elsewhere, may. The Bill outlines the procedure that must be followed including the service of notices.

The First Tier Tribunal may make a recovery order in respect of unlawful rent paid. Enforcement of an order for recovery is by the County Court. Interesting to note, however, that so far as I am aware, there has never yet been a criminal prosecution in respect of a breach of the provisions of section 1 of the Landlord & Tenant Act 1987 – where the prosecuting authority is also the district council. There are limitation periods applicable to the prosecution process.

Whether the Bill becomes law, and when, of course is open to speculation. But it must be of concern that banning new ground rents will leave the freeholder with no financial interest in the investment and as such, no desire to enforce the covenants in the leases, to the detriment of other leaseholders. And ultimately, maybe, to the freeholder simply giving up on the building. And perhaps go missing. And we all know the consequences of that, on the saleability of a flat (or house) and the difficulty and costs associated with restoration. Would not capping new rents, be better?

Watch this space. And watch your drafting - meantime!

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OPINION

LANDMARK ACADEMY: HELPING YOU TO MAINTAIN YOUR LEARNING & DEVELOPMENT property teams to support them in receiving the most accurate and suitable Landmark environmental searches and solutions. Endorsing the various Law Societies allows Allie and Landmark to connect to members, and take on board conveyancers’ opinions.

Allie also has a broad experience in professional training and delivers seminars and training sessions for legal professionals on a range of property related issues. Do please contact Allie if you’d like more information on the Landmark Academy.

An important aspect for any legal professional is maintaining their professional development and learning requirements. For property lawyers, conveyancers, legal executives and trainees in property, an online hub is available that provides free access to a wealth of resources.

The Landmark Academy was launched in 2020 to provide access to free training and development videos, webinars and articles, to meet professional development targets, set out by the Solicitors Regulation Authority’s (SRA).

Allie Parsons, Customer Success Consultant for Landmark Information’s Legal team explains how legal professionals can benefit: “Having spent many years visiting law firms to train teams on environmental issues, it became clear that it wasn’t always convenient for those requested to attend – busy days meant they either disrupted their schedule or missed out on updating their knowledge. Add to that the restrictions posed by the pandemic, the Landmark Academy offers a learning solution that suits the way we work today.

“We have completely refreshed our Landmark Academy to provide greater access to the very latest training materials to support their Continuing Competence needs.

We have some fantastic contributors on board who are experts in their field and the content is refreshed on a regular basis. An audit trail of completed learnings can also be produced for annual declarations, which we hope will be of great use.”

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The Landmark Academy brings together a number of experts from across the industry including Professor Robert Lee, a former Director of the Centre for Legal Education and Research at the University of Birmingham, Real Estate legal specialist Sue Highmore, Stuart Tym national planning and environment Senior Associate at Irwin Mitchell and Environmental Law Director for Landmark Information Simon Boyle, as well as specialists from Landmark’s wider team.

Adds Allie: “Whether you want to read a topical article or get an insight on any of the range of issues that occur during property transactions, it means you can do it when the time is right for you. The majority of the videos last 15-20mins.”

With free online access to easy-todigest podcasts, videos, webinars and guidance provided by widelyacclaimed experts, the Landmark Academy gives solicitors insights into a range of issues that occur during property transactions – this includes environmental law, flooding, planning, energy & infrastructure, in addition to guidance on selecting the appropriate due-diligence reports that are available.

Introducing Allie Parsons Allie Parsons is the Customer Success Consultant with Landmark Information Group as part of the Landmark Legal Team. Allie has over 27 years’ experience in marketing, consulting and advising various businesses, the last 14 years working with property solicitors and their law firms. Allie’s role is focused on engaging with conveyancing and

Landmark Information Landmark Information uses data and technology to help customers in the residential and commercial property industries access data insights to support transactions and reduce risk.

It combines complex property and environmental data into sophisticated risk models and solutions to enable customers to make smarter decisions, and build workflow solutions that allow customers to carry out tasks more efficiently and effectively.

Landmark has long-standing partnerships with customers in the legal conveyancing, mortgage lending and surveying markets, as well as in land acquisition, property development, estate agency and insurance.

The team’s dedicated, personal approach supports legal professionals in their due diligence in line with the Law Society and SRA requirements. Reports include a wide range of environmental insights, including contaminated land, flood risk, ground stability through to planning issues.

Concludes Allie: “Landmark’s 25 year longevity in the legal market brings valuable experience and dependability to risk solutions however we are always continuing to innovate so feedback from our report users and Law Society members is invaluable.”

Get in Touch To register for free access to the Landmark Academy, visit www.landmarkacademyhub. co.uk, or visit the Landmark Academy LinkedIn Group via: www.linkedin.com/groups/13842695/

Will Registration

Contaminated Land

On demand learning at your fingertips

AI: Natural Language Processing

Free online training from the UK’s leading property environmental, and probate professionals at the Landmark Academy.

Managing Risk in Property Transactions

Flood risk during development

Transferring Suspect Land

Using planning information and reports

Flood risk – Insurance and Flood Re

Site inspections for operational sites

Use Class Update

Air Pollution: The Basics

The politics of Climate Change

Join the Landmark Academy to create your own bespoke training plan and learn directly from the industry-leading experts with free, unlimited access.

SEARCH THE ACADEMY FOR VIDEOS ON: FLOODING | CONTAMINATED LAND | PLANNING | AI ENERGY & INFRASTRUCTURE | ENVIRONMENTAL LAW | BUSINESS COMPLIANCE | WILLS & PROBATE

Sign-up today to this valuable resource for free. www.landmarkacademyhub.co.uk

CALLING SMART LAW FIRMS: THE TECH YOU DO NEED, AND THE ONE THING YOU DON’T

When we talk about the top technologies for smart law firms in 2021, what exactly do we mean? Legal practice management software? Online file storage? Cloud-based word processors? Scanners?

VoIP phones? Time recording?

Online payments? E-signatures?

Zoom?

In the modern world, law firms are expected to provide their services in the same way as every other business – at the push of a button. To meet the demands of their clients, law firms are investing huge amounts of time and resources in the smart technologies listed above, integrating every piece of software or device within their organisation from the ground up.

But with hundreds of options out there, each as valuable as the last, identifying what technology your law firm actually needs can be difficult.

Which begs the question: what tech DO law practices need?

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REMOTE WORKING CAPABILITIES Let’s start with the obvious.

The COVID-19 pandemic has shown us all the value in being able to work remotely with zero obstructions. It’s no surprise that those law firms which had already invested in smart technology prior to the introduction of national lockdowns were the same firms which adapted quickest when employees were told to work from home. And when 97% of employees don’t want to return to the office full time, it’s important that you have the infrastructure available to support their new work habits in the future, whatever their working preferences – home, office or combination.

This goes beyond simply supplying stationery, decent laptops or additional hardware. One of the unfortunate side-effects of people working from home was that the UK saw a 400% increase in reported cyber crimes during the first wave of the pandemic, so it’s crucial that you have a comprehensive cybersecurity strategy in place to protect your

employees and your data. Encrypt your remote devices, install anti-virus software and, most importantly, use a VPN (Virtual Private Network) to secure your network from people who shouldn’t be in there.

ONLINE PAYMENT PROCESSES Chasing fees from clients can be one of the most time-consuming tasks at any law firm, but it doesn’t have to be. Using an online payment platform will make it as simple and as smooth as possible for clients to pay their bills first time, every time. Remember, what’s better for your client is also better for you, as more on time payments will improve your cash flow and help you budget more accurately.

There are plenty of options out there, such as Legl, GoCardless or Invoiced. For the best results, choose one which integrates with whatever legal practice management software you’re using, just like we’ve integrated GoCardless (and soon Legl) with Quill.

Speaking of Quill…

LEGAL SOFTWARE Using cloud-based legal accounts, document, practice and case management software like Quill is absolutely essential for performing all your law firm’s daily tasks whilst keeping you fully compliant. The very best legal software gives you all the tools you need to see a case through to completion, from signing initial contacts to locating crucial documents later down the line to submitting invoices. With accurate time recording and straightforward document management solutions, you can be more efficient with your time, and clients can see where their money is going, right down to the last penny.

The sign of an effective legal software is that, once you start using it, you barely notice that it’s there. Legal software is the silent hero that works away in the background, removing the headache that comes with endless back-office tasks so that you can focus on doing what your law firm does best.

EMAIL AND PHONE SYSTEMS From a client’s perspective, this is the most important area you can invest in. It’s essential that your clients feel like you are there for them, which means having the communication infrastructure in place to make that possible. Older landline phones and copper internet connections have a tendency to break at the most inconvenient times, but that is no excuse in today’s day and age – especially when there’s fibre internet out there!

When choosing your email system, it’s best to go with something that complements whatever word processing software or creative suite your firm uses (ie. Outlook with Office 365, Gmail with Google Workspace).

But when it comes to your phone systems, you can be a bit more flexible. There are multi-line phones, cloud phones and PBX phones, but VoIP phones are probably the most popular as they allow you to run multiple lines and calls simultaneously over the internet. Each system comes with its own benefits, but again what you choose will generally depend on the demands of your business.

And what’s the one thing you DON’T need?

PAPER Okay, we’ve cheated here a bit, as paper isn’t really a technology. But the

point still stands – in a modern law firm, paper should be the last thing on your list!

Going paperless is actually a lot easier than you’d first think. It’s basically just a case of storing all your important paperwork according to the same organising system as before, only instead of locking it all away in a labyrinth of filing cabinets, you can store, locate and edit it all from within one screen. When clients send in paper copies, scan them immediately, organise them accordingly and then shred and recycle the paper copies once they’re no longer needed.

Be consistent – by using naming protocols and documenting defined procedures – and diligent with sticking to this process, and you will reap the rewards.

In the short term, this makes it quicker and easier to manage crucial documents. In the long term, it takes up less storage space, reduces operational costs, helps comply with data regulations and is a more sustainable solution in general.

Quill’s guide to the essential smart law firm technology in 2021 Discover what smart technologies to invest in, why to go paperless and how you can make the tools you already have at your disposal work harder.

NEXT STEPS All of these technologies are useful in their own right, but the question you need to ask yourself is whether it is right for you. Depending on the size of your firm, the strength of your infrastructure, the type of work you do, and how many employees are working from home, some tech will be more valuable than others.

Start with the essentials: quality legal software. Once your practice is running smoothly, that’s when you can start adding in all the bells and whistles which will take you from a law firm to a smart law firm.

This article has been repurposed from the ‘Quill Uncovers: Secrets from real partners on the tech you really need’ webinar. View for free at www.quill. co.uk/resources/guide-to-the-bestlegal-tech-tools-for-uk-law-firms-andlawyers-in-2021.

ABOUT QUILL Quill helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services.

Learn more: www.quill.co.uk/resources/ guide-to-the-best-legal-tech-toolsfor-uk-law-firms-and-lawyers-in-2021

Get in touch for more information about Quill's practice management software and outsourced legal services by emailing info@quill.co.uk.

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Focus on the matters that matter most Run your law firm from anywhere

0161 236 2910 info@quill.co.uk quill.co.uk

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