BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
JUNE / JULY
2022 www.birminghamlawsociety.co.uk
OPINION Legal aid means test must be wakeup call for industry to prioritise victims over profit- P22. info@birminghamlawsociety.co.uk
DEVELOP ALL YOUR TEAM -Why training your paralegal employees can help your businessP16. @birminghamlawsociety
@birminghamlawsociety
CLIENT CONFIDENTIALITY – the SRA updates its guidance. Find out more on P18. @BhamLawSociety
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THIS ISSUE
CONTENTS 4. President’s Address. 6. Events round up and the return of It’s a Knockout! 8. Members’ News. 14. ESG planning best practice: where to start, what to aim for. 16. Why training your paralegal employees can help your business. 18. Client confidentiality – the SRA updates its guidance. 20.In conversation with ... The winners of the 2022 BLS awards. 22. Legal aid means test must be wakeup call for industry to prioritise victims over profit.
It’s a Knockout returns! Find our more about this and other events on Page 6
25. Coming this July: ‘Race to the Commonwealth & Beyond.
CONTACT US www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk Tel: 0121 227 8700 Birmingham Law Society, Suite 101, Cheltenham House 14-16 Temple Street, Birmingham, B2 5BG Twitter: @bhamlawsociety Insta: @birminghamlawinsta Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk Officers September 2021 – September 2022 President - Stephanie Perraton - Squire Patton Boggs (UK) LLP Vice President - Tony McDaid - No5 Chambers Deputy Vice President - Alice Kinder- Anthony Collins Solicitors Hon. Secretaries - Mariyam Harunah, Squire Patton Boggs Board Interim Chair & Finance Director - Ben Henry, Jonas Roy Bloom Professional Dev Director – Nisha Panchal, Harrison Clark Rickerbys Ex Officio as President - Inez Brown, Harrison Clark Rickerbys Steven Jonas, Jonas Roy Bloom- Director Andrews Beedham- Director Contact c/o Birmingham Law Society
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PRESIDENT’S LETTER coming months. Thank you to Steve Allen and Mills and Reeve for hosting and providing such a spectacular lunch. As you would expect, I have continued to enjoy many lunches with our sponsors, including St Philips Chambers, Tula Medical Experts and 3PB. I attended the Nottingham Law Society Dinner and Awards evening and also the Leeds Law Society Dinner where we were entertained by a fabulous band made up of sitting Judges! The Legal Awards winners’ dinner at Fazenda was an opportunity for me to meet some of the impressive winners of our 2022 awards in a more relaxed setting. Thanks to Tomas Maunier for being such a wonderful and generous host for the evening. Our lunch club with Jude Jennison (Leadership with a Difference) was amazing, despite the fact that Jude and I both had broken elbows and were wearing matching slings, she shared some really interesting and inspiring tips around leadership.
I can’t believe it has been almost 6 weeks since our 20th Anniversary Awards Celebration in March, how time flies now that we are almost back to “normal”. At BLS, we’ve been incredibly busy planning events until the end of my Presidential year and attending events where the focus has been on re-engaging and re-connecting post pandemic. On 14 May Laura Daly and I walked in the London Moonwalk raising vital funds for one of my chosen charities, supporting women and men with breast cancer - Walk the Walk. Having decorated our bras specially for the occasion, we arrived in London on a fine warm evening. We set off around 11.30pm and somewhere between mile 1 and 2 I fell flat on my face! How? I’ll never know, I got up immediately telling everyone I was fine, carried on in real pain to complete the 26.4 miles only to discover the next day I had broken my right elbow. Tony McDaid and Alice Kinder will complete the challenge walking the Moonwalk in Scotland on 11 June. If you have not yet sponsored us, there is still time to do so by clicking here. On 6 April we organised and hosted with 3PB the first in our series of networking social events for lawyers, with over 60 attendees. It was a great success bringing together newly qualified solicitors and barristers for the 4
first time. The evening offered them an opportunity to mingle and meet each other and start to build their own network of contacts. It was followed swiftly by the second evening hosted by Cornwall Street Chambers where we were joined by two Ukrainian lawyers who had been forced to flee their homes and jobs and found themselves relocated to a host family in Sutton Coldfield. They had contacted BLS to see if there were any opportunities to meet like-minded lawyers. I was truly privileged to meet two extremely brave people and to give them an opportunity to meet others. Also, in April, BLS hosted a social mobility roundtable with The Law Society; Achieving Change Together. It was well attended by senior partners and social mobility leads from many of the local firms. The discussion, led by Lubna Shuja (Vice President of TLS) was both interesting and informative, it was clear that as a profession we have come a long way since I qualified 30 years ago but we still have a long way to go. Our first in person Managing Partner’s roundtable took place where the discussion inevitably turned to how firms could maintain office and firm culture in the new hybrid world. Whilst no one came up with the answer, ideas were shared, and it is clearly something that firms will continue to focus on over the
The REACH Committee hosted a screening of the powerful and thoughtprovoking film “No Mercy” at the Mac which was well attended and has encouraged them to look to host a similar event in the Autumn, details of which will follow. Our committees continue to do some sterling work, particularly in relation to preparing responses to consultation documents. Recent submissions have been from the Property Committee, Employment Committee and the Consultation Committee, who produced a superb response to the recent SRA Consultation on rule changes for health and wellbeing at work. Further details of any these can be read here. Whilst on the subject of Committees, we are always on the lookout for new members, in particular, the ED&I Committee and InHouse Committee are looking for new Chairs and the ProBono Committee for new members to take matters forward. If you are interested in joining a Committee or just finding out more information please click here. It would be great to see some “Committee Teams” at our next hotly contested Quiz in October. In January we set up a working party to review the Governance of the Society to ensure that it was fit for purpose in 2022. They have made a number of recommendations which will now be considered by an Implementation Committee, any changes will be circulated and hopefully implemented at the AGM in September. I am extremely grateful for the hard work of the working party and look forward to www.birminghamlawsociety.co.uk
NEWS receiving the findings of the Implementation Committee in due course. We often fear change but if it is something that makes BLS stronger we should embrace it.
VWV ACQUIRES ED. SPECIALISTS
We have some amazing events planned over the next few months. Firstly, on 9 June we have the Alternative Dinner, aimed at anyone below partner level who may not have had the opportunity to attend a formal dinner for some time or even at all. There are still a few tickets available if you are interested in attending either as a team, with colleagues or clients or even on your own. On 28 June we have the Social Mobility Conference hosted jointly with Squire Patton Boggs which follows the same format as the Manchester event hosted in March. It is a must attend for everyone. The Wellbeing Conference will now go ahead on 5 July. The Conference, which is virtual, features a Roundtable discussion looking at the 5 pillars of Wellbeing. The discussion will be led by Nisha March and include some well-known individuals from a number of firms as well as The High Sherriff of the West Midlands David Moorcroft OBE. There will be a Masterclass hosted by Donna Smith, a former lawyer looking at Self-sabotage and taster sessions looking at Mindfulness and Meditation, the importance of movement and nutrition. Given the recent consultation by the SRA focusing on mental health, it is an event not to be missed, there is something for everyone, employers and employees alike. It will not have escaped your notice that on 28 July 2022 Birmingham will host the Commonwealth Games attended by over 70 nations. It is a once in a lifetime opportunity for most of us to be part of this historic event in our home city. BLS are currently putting arrangements in place to offer free legal advice to athletes during the games and we will be shortly looking for volunteers to make this work. The International Committee has worked tirelessly for a number of years to bring a delegation of Commonwealth Lawyers to Birmingham for a Conference entitled “Race to the Commonwealth and Beyond”. It is a real honour that they have chosen to come to Birmingham, last year they were in the Bahamas. BLS is jointly hosting the event with the Commonwealth Lawyers Association at the University of Birmingham on 21/22 July, tickets are on sale now for the Conference and a spectacular dinner on 21 July, it is an event not to be missed. And finally, it wouldn’t be summer without the annual BLS sporting events including netball, football, golf and back by popular demand “It’s a Knockout”. I really do look forward to seeing you there. If you have any comments or suggestions of things that you would like to see from BLS please do get in touch. Stephanie Perraton, President. Birmingham Law Society thanks our Gold Sponsors
VWV has acquired strategy consultants Cairneagle to bolster their combined businesses. The collaboration, announced on 16 May 2022, demonstrates both businesses’ ongoing commitment to investment and development as part of their growth and diversification strategy. In the education sector specifically, it enables them to better support clients to determine their strategic direction, giving wider choice, insight and access to a broad range of specialisms. Cairneagle is a fast growing, multi-award winning business that operates globally, recognised as EducationInvestors’ “Strategy Consultancy of the year” for the fourth time in 2021. VWV is a leading legal and business services provider in the education sector with probably the most extensive combined list of school and university clients of any UK law firm. VWV has a culture of innovation to support its clients beyond simply legal advice and their combination with Cairneagle follows investments in other subsidiaries such as VWV Plus, which has developed online tools to promote and support the compliance and assurance requirements of education providers and other regulated businesses, and HR consultants, Narrow Quay HR. Simon Heald, VWV Managing Partner commented: “We are delighted to be welcoming the Cairneagle team to the VWV ‘family’, having worked with them on joint projects for many years. This collaboration enhances both businesses, helping us to better support our clients in the education sector and its supporting ecosystem, where a deep expertise and understanding of the regulatory environment, challenges and growth opportunities gives us and our clients a competitive edge. Beyond education, there are many opportunities for developing and diversifying our broader practice and sectors as well as our London location and international profile.” Cairneagle Managing Partner, Rupert Barclay said: “We have long admired the reputation and in depth sector expertise of education colleagues at VWV. For Cairneagle, it is about moving to the next stage of growth with a firm with a similar entrepreneurial spirit as ours. The investment, synergy and shared infrastructure that this collaboration brings will benefit our clients, enabling us to meet their needs even better, and our people, ensuring we continue to grow, diversify and rise to new challenges. The new company will keep the Cairneagle name and become part of the VWV group of subsidiary companies which currently includes VWV Plus and Narrow Quay HR.
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EVENTS MEMBER’S EVENTS An Employer’s Guide to Demystifying the SQE 7th June, 12pm – 1pm, Zoom A Student’s Guide to Demystifying the SQE 8th June, 12pm – 1pm, Zoom Alternative Dinner headline sponsored by The College of Legal Practice and sponsored by BCL Legal Recruitment 9th June, 7pm – 1am, Edgbaston Stadium Meet the Family Law Committee sponsored by No5 Barristers' Chambers 13th June, 5pm – 7.30pm, No5 Barristers' Chambers and OurFamilyWizard’ Networking Social for Lawyers sponsored by St Ives Chambers 21st June, 6pm – 8pm, Cosy Club It’s a Knockout 1st July, 3.30pm – 7.30pm, NPF Bassetts Pole Adventure Park Wellbeing Conference 5th July, 12pm – 3pm, Zoom
QUADBIKING
Wine Tasting sponsored by Brewin Dolphin 6th July, 6pm – 8pm, Loki Wine Networking Social for Lawyers sponsored by St Philips Chambers 13th July, 6pm – 8pm, St Philips Chambers BLS Race to the Commonwealth and Beyond Conference & Dinner 21st & 22nd July, Day 1 Conference 8am 5.30pm | Dinner 7pm - 11pm | Day 2 Conference 8am - 4.15pm, University of Birmingham co-hosted by Commonwealth Lawyers Association and University of Birmingham Law School. Sponsored by Cloud Solutions, Cornwall Street Barristers, Gowling WLG, No5 Barristers’ Chambers and Tula Medical Experts’ To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk
REACH CINEMATIC EVENT
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birminghamlawsociety.co.uk
EVENTS QUIZ
IT’S A KNOCKOUT RETURNS!
Birmingham Law Society are pleased to announce ‘It’s a Knockout’ will be back on the afternoon of Friday 1st July after a three-year hiatus. : Teams are made up of 8 people, costing £450 +VAT for members and £550 +VAT for non-members. Find out more and book your team here. This year’s event will be held at NPF Bassetts Pole Adventure Park, an award-winning venue delivering unique outdoor team building activities and onsite meeting spaces. Their 200-acre woodland site is located 15 minutes from Birmingham City centre and ideally located for easy nationwide motorway, rail and airport access.
JUDE JENNISON LUNCH
NPF Corporate help create memorable and experiential events with team building activities that include both physical and nonphysical options including: Inflatable Action Games, always a winning activity, Gladiator style games set within a spectator friendly arena. Paintballing and Combat Games which helps identify the natural leaders in your ranks, as your teams embark on numerous missions into enemy territory.
SENIOR AND MANAGING PARTNER’S LUNCH
Escape the Jungle. A unique puzzle challenge, Jungle Escape makes teams complete all of their ranger set tasks and activities, before their freedom be guaranteed! Peaky Pistols shooting experience. Once your teams have been kitted out in their Peaky Caps, they will then step into an authentic purpose-built set, losing themselves in a world of villainous characters. Other exciting outdoor activities to choose from, include Woodland Archery, Hyper Shock Laser Tag and Airsoft plus many more. See the full range of activities available by visiting www.npfbassettspole.com/corporate Any of our activities can be combined with the hire of our unique meeting spaces – The Hive and The Tranquillity Zone
SOCIAL AT 3PB
WINNER’S DINNER
Contact the friendly NPF corporate events planning team on 0121 323 1000 or email info@npfbassettspole.com
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NEWS LEADING EMPLOYMENT LAWYER JOINS AVERTA
ranked in the “star” and “Band 1” category in both Legal 500 legal directory and Chambers Guide to the Legal Profession. Senior partner at Averta, Alan Jones said: “I’m very pleased that David is joining us. David will add further depth and capability to our team at Averta, bringing his many years’ experience in employment law to support senior executives in complex and high value cases.” Beswick commented: “I am delighted to have joined David and Alan and the highly rated team at Averta and look forward to advising senior executives, directors, and corporates on a wide range of employment issues.”
David Beswick, one of the Midlands best known and highly rated employment lawyers, has joined Solihull based Averta Employment Lawyers as a senior consultant. Before joining Averta, Beswick was a partner and head of employment in the Birmingham office of EvershedsSutherland, where he was also office managing partner. Beswick is an acknowledged market leading employment lawyer who for over 20 years has been consistently
Prior to joining Eversheds, Beswick was a partner at Hammonds, the predecessor to Squire Patton Boggs. Averta Employment Lawyers is an award winning, boutique employment law firm which was founded by ex DLA Piper partners, Alan Jones, and David Sykes. Averta specialises in giving advice to senior executives and professionals across both the private and public sectors. The firm have particular expertise in negotiating exit strategies for senior executives and also provides strategic employment law advice to companies across the UK.
THE HAPPIEST JOBS ARE IN THE LEGAL SECTOR Research conducted by Phoenix Health & Safety has revealed that jobs within the legal sector are the ‘happiest’ with the highest salaries, whilst jobs within sales and marketing are statistically the best for welfare and health and safety. According to findings, people who work in the legal sector are the happiest with the best pay, with 28% of employees loving their job as well as earning over 39% more than the average UK salary. Nick Higginson, CEO of Phoenix Health & Safety, further observes: “Legal is not only one of the happiest and highest paying jobs but also the safest. As primarily an office-based role, the number of non-fatal injuries per 100,000 people working in the industry resulted in an average of just 6.9 non-fatal injuries per year. As a total welfare score legal made it into third place which is really impressive and is a testament to the sector's ability to offer most a safe and healthy working environment."
IRWIN MITCHELL ANNOUNCES ANNUAL PROMOTIONS IN BIRMINGHAM The new associates are Katherine East, Laura Willis, Kathryn Salt, Jade Elliott-Archer, Lucy Macklin, Ryan Blake, Richard Sweetman and Stuart McDonald.
Across the firm nationally there have been 13 new partners, 28 senior associates and 56 associates. Overall the promotions represent the overall gender split at Irwin Mitchell with 65% of those promoted being female. Andrew Tucker, Group Chief Executive at Irwin Mitchell, said: “To announce these new partners, senior associates and associates makes me extremely proud and it is another clear sign of the continued emphasis we place on investing and developing in our people. Irwin Mitchell has announced three senior associates and eight new associates within its Birmingham office as part of this year’s promotion round. The newly promoted senior associates are Charlotte Avery, Alex Shorey and Matt Smith. 8
“These latest promotions show our strength and breadth across the group whilst also recognising the significant contribution our colleagues make to our business in terms of supporting our clients and creating the right culture for future success.”
In addition to the 13 new partners, Irwin Mitchell recruited 17 new partners during 2021/22 financial year across teams including commercial, public law and human rights, will disputes, real estate and employment law. Last year Irwin Mitchell reorganised into a Client Services Team and a Commercial Growth Team putting clients’ needs at the heart of its business. The two teams work closely together with one focusing on bringing in new clients and meeting more needs for existing clients, while the other focuses on ensuring the clients, whether business or personal, receive an excellent level of service that meets their evolving needs. Irwin Mitchell also recently announced two new offices in Cardiff and Liverpool and has continued with its Flexible by Choice ways of hybrid working empowering colleagues to make their own decisions about where and when they will work subject to client requirements. birminghamlawsociety.co.uk
NEWS AXIOM DWFM BOLSTERS BIRMINGHAM BASED PROPERTY DEPARTMENT WITH 3 NEW HIRES THE BLAME GAME ENDS The biggest change to family law in decades finally came into force on the 6th April 2022 with no-fault divorce becoming law, after thirty years of campaigning. Couples will be able to apply for a divorce together (a ‘joint application’) with no reason or justification for the irretrievable breakdown of the marriage required. The process will now take a minimum of six months and there will be very limited circumstances in which the other party can object to the divorce proceeding. This will prevent arguments in court over whether the divorce should be taking place and who is to ‘blame’. Commenting on the reform, Ros Bever, National Head of Family Law at law firm Irwin Mitchell said: “No fault divorce means evidence won’t be needed for supporting irretrievable breakdown with fault-based particulars – ending the ‘blame game’, reducing conflict and making divorce much more straightforward for couples. “This welcomed new law has been due for a long time, and reflects the world we live in today. Divorce is often an incredibly stressful and emotional period in someone’s life, and by removing fault or blame, it will take the heat out of the process and encourage couples to resolve disputes using a less litigious approach.”
Axiom DWFM have further expanded their niche Birmingham based Chinese Property and Real Estate Department with the appointment of three new paralegals. This serious of appointments is the latest in a string of new hires, which forms part of the firm’s growth strategy broadening its footprint in both the London and Midlands regions. Guy Barnett, Regional Managing Partner comments: “In spearheading the growth of our regional office across both the East and West Midlands it is important for us to gain competitive edge to play to our key strengths. Axiom DWFM prides itself on having a diverse and inclusive workplace and it employs an effective inclusion and diversity strategy which goes beyond legal compliance and seeks to add value to the fabric of the firm, contributing to employee well-being and engagement. The expansion of our
Chinese Department in Birmingham demonstrates this and proves that inclusion and diversity do create growth”.
internship experience in Hong Kong, where he worked in multiple practices including conveyancing, family and personal injuries.
Joining the firm are:Dr Tianyan Tina Hua who obtained her LLB and LLB at the University of Bristol and her PhD in Corporate Law and Governance and Intellectual Property from the Centre for Commercial Law Studies, Queen Mary University of London.
Long Hei Lin joins from studying at the University of Exeter.Prior to joining Axiom DWFM, he worked as a corporate finance paralegal in Hong Kong.
Chun Chit Christopher Wong joins the firm from studying his LLB at Nottingham and various
Guy Barnett comments: “The firm has bold growth plans however I am confident that our strategy can reach our objectives which we are well on track to achieve”
NEWS STAFF STRUGGLE TO RAISE MENTAL HEALTH ISSUES WITH EMPLOYERS DESPITE PANDEMIC DRIVING SPIKE IN CONCERNS AROUND WELLBEING understanding and retention of what’s being said and providing a considered response- this means not speaking over individuals or secondguessing what they’re saying. Instead, take a back seat, listen attentively to what’s being said and show you’ve taken it on board by repeating key phrases or asking relevant questions to demonstrate your understanding. 4. Targeting with formal support. While meaningful social interaction plays a key role in reducing loneliness, formal wellbeing support can also be invaluable. This may include Cognitive Behavioural Therapy (CBT) and Employee Assistance Programmes (EAPs) that offer direct and confidential access to a mental health expert. A new survey of 8000 UK adults has highlighted that two thirds of respondents (66 per cent) would not feel comfortable raising a mental or emotional wellbeing issue with their employer, and one third are offered no physical or emotional wellbeing support whilst in work write the experts at Nuffield Health. This is especially concerning given that Nuffield Health’s 2022, ‘Healthier Nation Index’, also revealed that 1 in 3 people say their mental health has got worse in the last year. This highlights both a need and an opportunity to provide people with the right mental and emotional wellbeing support in UK workplaces. These findings are especially pertinent during this year’s Mental Health Awareness Week, which focuses on loneliness. Loneliness is the difficult emotion we experience when our need for meaningful social contact and relationships is not met. Loneliness is on the rise, with nearly half of the UK population reporting feeling lonely at times. Gosia Bowling, National Lead for Emotional Wellbeing at Nuffield Health commented: “It’s worrying to see the majority of UK employees are being left to manage mental or emotional wellbeing issues on their own in the workplace. The pandemic has affected the mental health of many employees, so it’s more important than ever that employers find ways to create inclusive and connected workplace environments where people feel supported. Not only will this help productivity, but it will also boost happiness levels. “As we also transition to more hybrid and remote working patterns, it is 10 10
critical that employers also find ways to keep their employees feeling connected, which will help combat feelings of loneliness.” Gosia offers advice on how employers can play their part in creating a connected and inclusive workplace: 1. Notice the signs of loneliness. The emotional toll of loneliness can be seen in various ways, including a decline in appearance and hygiene, reduced social interaction in the office or even in the individual’s work performance and output. In remote workers, this may manifest in video meetings or calls. Are they less chatty? Is their voice lower or cracking? Alternatively, does the individual seem to be craving conversation and contact, or being overly talkative? 2 “Find 5 with 5” Nuffield Health’s ‘Find Time For Your Mind’ campaign, calls for people to #find5 and spend just five extra minutes a day exercising and focusing on their mental wellbeing. This could include nominating an individual to lead five minutes of group guided breathing, sharing personal ‘wins’ each day over an instant messaging platform or even hosting mini ‘instructor-led’ fitness circuits each week. 3. Communication is key. For those experiencing feelings of loneliness, group video calls and water cooler conversations aren’t the answer. Individuals need to feel they are engaged in meaningful conversation. Leaders should aim to spend at least five minutes with employees each week, practising ‘active listening’ – a skill that requires a genuine
It only takes five minutes to signpost employees towards the support on offer, along with guidance and encouragement on how to access the help available. This may be via email to employees, an office huddle or a virtual ‘wellbeing hub’. 5. Get fit It’s important to remember that mental and physical health are intrinsically linked. The chemicals our bodies release when we’re stressed, anxious and depressed can impact our physical health, causing nausea, upset stomach and headaches. And injury, illness and disabilities can similarly impact our mood and outlook. Employers have a key role to play in supporting employees to stay physically fit and active. Encouraging employees to #find5 throughout the working day could also be as simple as promoting regular exercise in morning meetings or creating assets to be distributed around the office or over email. Over a week, this adds up to 35 minutes – boosting the UK average 40-minute exercising time to the NHSrecommended 75 minutes per week. 6. No ‘one size fits all’ Finally, it’s important to remember that no single intervention works for everyone. The key to supporting the workforce is flexibility. Employers should also take five minutes with each employee to chat through any concerns they have and understand their healthiest work habits. This way they can consider how to offer flexible working opportunities that cater to the individual and allow everyone to thrive and overcome feelings of loneliness. Find out more about Mental Health and Wellbeing at the BLS Wellbeing Conference, details opposite. birminghamlawsociety.co.uk
WELLBEING CONFERENCE Tuesday 5th July | 12pm - 3pm | Zoom £10 +VAT members | £15 +VAT non-members • Roundtable on the six pillars of wellbeing • Masterclass on how to overcome three selfsabotaging barriers to be a successful lawyer • Taster sessions on meditation, exercise/ yoga and nutrition
Click here for more details and to book your place. Wellbeing Conference 2022 A4 advert.indd 1
06/06/2022 14:27:37
NEWS MFG SOLICITORS ANNOUNCE PROMOTIONS
PENSIONER THANKS CARING SOLICITOR A vulnerable pensioner has issued a heartfelt thank you after a family-run law firm went above and beyond to help him in his hour of need.
Midlands law firm mfg Solicitors has announced ten promotions which includes five new partners and two senior associates. Law firm mfg Solicitors announces ten partner and associate promotions Midlands law firm mfg Solicitors has announced ten promotions which includes five new partners and two senior associates. Residential property specialist Javed Ahmed is promoted to partner and will continue in his role as head of the firm’s Residential Conveyancing team. In the same division, Nichola Wilson also becomes a partner. Family law expert Rupinder Nandra has also been promoted to partner, alongside Lisa Morrison in the firm’s Commercial Property department, and trusts and estates lawyer in the Private Client team, Tom Evans. mfg has also announced two senior associate promotions within its award-winning Agriculture and Rural Affairs team who look after the interests of farmers, landowners and rural businesses – with highly respected lawyers Tom Bell and Hannah Taylor being promoted. Meanwhile, the firm has also confirmed that wills and probate specialist Ellie Newman, corporate lawyer Matt Allen, and litigation expert Stephanie Rushfirth, have each been promoted to associate level. 12
In fact, Yvonne Currow of independent family law firm Adcocks Solicitors of Lichfield, went the extra mile on more than one occasion to help the 89-yearold from Lichfield. Maynard Burton, partner and chairman of mfg Solicitors said: “We are expanding in a variety of areas with more and more people and businesses looking to us for professional advice. This means we must have nothing but the best teams in place so I am delighted with these latest promotions across a wide spectrum of expertise. “To see five hugely experienced lawyers step up to become partners is another proud moment for us and they will prove to be superb appointments in the months and years ahead. “Meanwhile, having many more rising stars stepping up to become senior associates and associates shows we are well prepared for the future in a number of specialisms.” The confirmed list of annual promotions is as follows: Partner promotions are Javed Ahmed – Residential Property, Nichola Wilson – Residential Property, Rupinder Nandra – Family, Lisa Morrison – Commercial Property, Thomas Evans – Private Client. Senior Associate promotions are Tom Bell – Agriculture and Rural Affairs, Hannah Taylor – Agriculture and Rural Affairs and Associate promotions are Ellie Newman – Private Client, Matt Allen – Corporate, Stephanie Rushfirth – Litigation.
Due to mobility issues the elderly man was unable to get to their Lombard Street office so, Yvonne had been visiting him at home, but this led to concerns for his welfare, and she reached out to Social Services to seek support for him. When she later found out he had no food in she called Social Services once again and they delivered a care package to him. And her kindness didn’t stop there. She also went to see him, in her own time after work, to sort out his dinner and get him some more shopping. As a result of her intervention, as well as social services, the pensioner’s GP is now involved, and a carer has been working with him. It’s her acts of kindness that have led the pensioner to send Yvonne a message, and the head of the private client department, Kerry Davies, to say how thankful he is for them stepping in to help him. The man, who is not being named due to his vulnerable status, said: “I want to tell you how your assistant has done a nice job in supplying me with food. I couldn’t ask for a better service. So, I thank you very much, the both of you. Thank you.” Kerry Davies, who has headed up the firm’s private client services since September 2020, said: “Yvonne is a shining example of the values that Adcocks’ has at its heart and shows the impact that acts of kindness can have on others.” birminghamlawsociety.co.uk
NEWS REPORT PREDICTS BILLION POUND BOOST FOR BIRMINGHAM’S ECONOMY £27bn. The city is also set to improve its employment performance, rising to 7th in the report’s league table and delivering over 24,000 new jobs. Eight of the top 10 fastest growing cities in the UK by Q4 2023 are expected to be located in the South and East of England, with Birmingham and Edinburgh the only two outliers. The report highlights several factors behind Birmingham’s strong performance, including major projects like HS2, plus a regional housing boom fuelling a burgeoning real estate sector.
A new economic report predicts that Birmingham is set to see its economy grow by £1bn by the end of 2023, bucking the trend for the most successful cities to be found in Southern England. According to Irwin Mitchell’s UK Powerhouse report, produced by the Centre for Economics and
Business Research (Cebr), Birmingham delivered 6.9% GVA* growth in the 12 months to Q4 2021, placing it 7th out of the best performing cities in the UK for economic output. By the end of 2023, Birmingham is one of the few cities outside of the South to retain its position, remaining 7th for growth, with year-on-year GVA of 2.3% and an economy worth
Significantly, the West Midlands is also the highest placed northern region for attracting Foreign Direct Investment (FDI)** , a factor the report highlights as a vital component for economic growth enjoyed by cities in the South and East of England. For the government’s levelling up agenda to be successful, the report makes clear that other regions need to lure more FDI to their cities to compete with their southern rivals. Cities like Birmingham are proof that with the right conditions, growth in FDI can be achieved.
SHAKESPEARE MARTINEAU SUPPORTS MUSLIM YOUTH MENTORING SCHEME they face as people of faith. Initially centred in Birmingham, those first 100 businesses will take part in the scheme championed by Shakespeare Martineau in partnership with Mercy Mission’s ‘Faith in Our Cities’ initiative. Speaking at the recent launch event, Azim Kidwai, CEO of Mercy Mission UK, urged business leaders to find out more about the youth empowerment programme and shift the dial domestically for a generation of young people, marginalised through lack of cultural understanding and fit for purpose employment opportunities. Shakespeare Martineau is supporting British Muslim charity Mercy Mission UK in launching a new mentoring scheme. 100 local businesses across Birmingham will take action to help young people from across the region, improving their life chances through confidence and resilience building. The scheme will offer mentoring and work experience placements to Muslim youth across the city directly tackling the long term inequities
Mohammed Saqub, partner at Shakespeare Martineau and head of Islamic finance, said: “It’s estimated that 17% of UK prisoners are Muslim, despite Muslims making up just over four per cent of the UK population. “A core challenge is that there is an issue with young people heading for a life of crime, as they see little alternative in their future or simply not fulfilling their true potential. Increased mentoring – especially from people who speak and look just like them and share the same cultural heritage – could make
all the difference in the path a person chooses to follow. When I was at school in the centre of Birmingham, I was influenced by a lawyer who came into our school to talk about what he did. Without him, I’m not sure whether I would have chosen this path – his mentoring opened-up possible options for a career and I am passionate about doing the same for others.” Spearheading the scheme is local civil society leader Jehangir Malik OBE, from Mercy Mission UK. He said: “We are really excited about launching this new scheme and are very optimistic by the initial response we’ve had from diverse local businesses in Birmingham. “The project is co-created by young people and local businesses as part of an intergenerational approach to strengthening British Muslim civil society. We recognise the untapped potential of British Muslim youth and the positive role they can play in shaping and enriching our society. For more information about the Muslim Youth Connected Futures Programme, please visit mercymission.org.uk or get in touch with jehangir.malik@ mercymission.org.uk.
NEWS ESG PLANNING BEST PRACTICE: WHERE TO START, WHAT TO AIM FOR
Plan for a wide range of activities To define, implement and evaluate an ESG strategy successfully, ensure that your team is ready to undertake activities such as:
Ever since the COP26 climate summit in Glasgow last year, the term ‘net zero’ has become commonplace. We have seen numerous entities – from organisations to entire cities and countries – pledge to reach a goal of net zero in response to the heightening climate change crisis. In practice, this means achieving the tipping point where greenhouse gas emissions are equal to or less than the emissions taken out of the environment. Indeed, Landmark Information Group confirmed its commitment to the Pledge to Net Zero initiative in a bid to play its part in securing a sustainable future, earlier this year. But this move towards net zero is no bandwagon. Now, as businesses are increasingly obliged to report on their environmental, social and governance (ESG) planning and performance, they are also more likely to be judged on it. As a result, the effort to achieve net zero is becoming a business priority as well as a moral imperative. Carbon neutral versus net zero First, let’s get clear on the terminology we are using. Net zero is often confused with carbon neutrality, which is concerned with balancing only emissions under a user’s direct control, sometimes by offsetting. It is important to note that carbon neutral as an objective differs from net zero, which is concerned with limiting global warming to 1.5 degrees. For this reason, some might consider carbon neutral as more of a book-balancing exercise; in comparison, net zero – and in particular the Pledge to Net Zero – is a commitment to science-based targets in line with the Paris Agreement. So, what does ESG have to do with net zero?
The environmental aspect of ESG reporting will say much about an organisation’s progress towards any net zero initiative. RiskHorizon, our ESG risk management tool, digs into environmental performance by looking at aspects such as whether the business has established formal energy reduction targets or calculated greenhouse gas emissions across all three definition scopes. In fact, we believe that ESG reporting can assist on the road to net zero by encouraging best practice and aligning business activities to support the objective. Certainly, the ability to assess ESG maturity, benchmark performance and track and demonstrate improvements will prove invaluable to businesses in meeting their target. Starting the journey Wherever you are on the route to net zero, and whatever your ESG reporting scenario might be, there are helpful steps you can take to unite your emissions objectives with ESG processes in a way that can create tangible positive outcomes. Sally Redman, one of Landmark’s senior environmental consultants, advises a methodical approach to ESG planning, which encompasses people and metrics in its guiding principles: Start by designing an organisational structure ESG performance should be an organisation-wide goal. To stay on track with implementing the ESG strategy and meeting the target metrics, organisations need a team of people with varied and complementary skillsets, from strategy to programme management.
• Evaluation and benchmarking: Measuring the current state of ESG practices in your own organisation and others • KPI setting: Determining short and long term ESG KPIs across the entire environmental, social and governance spectrum. • Strategy: Establishing strategies to achieve the defined KPIs. • Organisational mobilisation: Aligning internal departments’ operations with the ESG strategy. • Monitoring performance: Tracking progress towards KPIs. • Communicating progress: Auditing the consistency of ESG reporting and reliability of data used; sharing ESG reports with the public at predetermined dates. Chase the right metrics It is important to identify the right metrics to measure in the first place. A full and comprehensive ESG strategy will not only focus on environmental issues such as reducing emissions but also include social and governance elements such as tackling gender pay gaps and diversity targets. The targets set should be specific and measurable. Pledge to perform For those wishing to formalise and structure their net zero goals, pledging support for various initiatives could enhance performance and accountability. Any organisation can support the UN-backed Race to Zero initiative in which participants aim to halve emissions by 2030 and achieve net zero by 2050. Review and refine Sally warns that organisations must make efforts to avoid bias when tracking and evaluating ESG performance against the defined metrics. She advises considering and reporting on weaknesses as well as strengths for full transparency. Finally, she suggests that organisations work to improve performance against metrics on an ongoing basis, investing additional focus on the strategies where the potential return-to-effort ratio is high. To learn more about Landmark’s ESG management tools and services, click here: ESG Management – Landmark Information Group
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OPINION WHY TRAINING YOUR PARALEGAL EMPLOYEES CAN HELP YOUR BUSINESS
taken further, perhaps all the way to a tribunal or court, you can be sure of your legal position and have a stronger chance of winning the case.
Whether you operate a business in the legal sector or not, it is very likely that someone on your team will be performing tasks with a legal element to them. Whether this be drafting employment or commercial contracts or ensuring that debts are chased and collected. This requires an element of expertise. Of course, staff can be trained to systematically do the job, but wouldn’t it be better to offer them qualifications to give a better understanding of, not only what they are doing, but also why says Amanda Hamilton, CEO, National Association of Licenced Paralegals (NALP). Today it is more important than ever to retain good staff and create a positive working environment. Not only because a happy employee means a happy business, but also because well trained and qualified staff can help promote your business and give your customers/ clients confidence. In the legal sector, many law firms employ ‘paralegals’. Some of whom may want to eventually become solicitors but there are many who do not; they wish to retain their paralegal status as a career in its own right. It is quite common for a law graduate to apply to a law firm for a ‘paralegal’ position. However, just because they have gained a degree, it doesn’t mean that they necessarily know the practice and procedure of law. A law degree means that they should have knowledge of academic and substantive law. However, it requires further training to be an effective and useful paralegal i.e. one that can offer genuine service to your firm and not just do the filing, make the tea or carry out a bit of research. To be trained and educated to perform certain tasks is the key to success of any employee and therefore ultimately of any company. This is why sponsoring your staff to gain further knowledge is a must. 16
A very famous entrepreneur (Sir Richard Branson) once said that as long as you keep your employees happy, they will make your business successful. This premise is paramount in maintaining a healthy and contented workforce and a healthy and successful business. There is nothing worse than an employer regarding their staff as replaceable commodities: ‘there’s plenty more to fill your role if you don’t like it’. Employees need to know that they are respected members of the workforce. Not only that, but also, they must be given proper remuneration and recognition for the work they do. Employing an individual at a basic wage may satisfy them initially as they may be grateful for the employment in the first place, but that is not sustainable. The businesses that retain their employees are those that regard them as ‘the business’ and without them, there would be no business. Far too often you hear about individuals who say, ‘I am only in this business to cream off the income and make myself a fortune’. It is usually these businesses that have a huge turnover of staff and fail to be sustainable. But legal training isn’t just about retaining employees, important as that is. It also about giving confidence to the person carrying out the tasks. With greater knowledge and greater confidence, they will be more effective, will need fewer hours spent managing the work they do, and ultimately, they will instil trust in the clients they work with. In addition, proper training helps to ensure that tasks are carried out accurately and thoughtfully, and potential problems are identified because the person doing the job has a deeper understanding and knowledge of their work and its implications. Following the right legal procedures is not only the right thing to do, it will also ensure that should an issue need to be
Paying for your employees to be trained and qualified must be budgeted for if you are to sustain the objectives and aims of your business. In employment law terminology, as an employer, you owe a duty of care to your employees, and your employees owe a duty of loyalty to their employer. A duty of care means that you must nurture your staff, make them feel secure and safe in their employment and give them a reason to be happy to wake up with a smile on their face. A duty of loyalty needs to be earned and by looking after your employees, you will see that loyalty grow. So, whether you are a business needing that extra legal expertise or a law firm wanting to retain your paralegal staff, it is a good strategy to sponsor them through some extra training. Training courses can now be delivered in many different ways; in-house, remote at set times, remote at times to suit you, and in-person in a college setting. They can be anything from short intensives to longer term courses carried out alongside normal working hours. There are so many options that there is really no reason not to sponsor an employee to boost their skills. And training doesn’t need to be expensive either. For example, NALP Paralegal qualifications start at £450 at the basic level. So, ask yourself these two questions: Isn’t it worthwhile nurturing your employees to encourage them to nurture and help your business grow? Isn’t it also beneficial to have your customers and clients gain more confidence about liaising with your well trained and qualified staff? If the answer to both these questions is ‘yes’, then you know what to do. www.nationalparalegals.co.uk Amanda Hamilton is Chief Executive of the National Association of Licenced Paralegals (NALP), a nonprofit membership body and the only paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres around the country, accredited and recognised professional paralegal qualifications are offered for those looking for a career as a paralegal professional.
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20/05/2022 11:47:47
REGULATION REPORT
CLIENT CONFIDENTIALITY – THE SRA UPDATES ITS GUIDANCE Client confidentiality is key to the solicitor/client relationship and any breach can have serious legal, regulatory and reputational risks. The SRA has recently issued new guidance on this topic and this article highlights some of the issues from that guidance which firms need to be aware of writes Jayne Willetts Solicitor Advocate and Bronwen Still Solicitor Consultant both of Jayne Willetts & Co Solicitors Limited. CLIENT CONFIDENTIALITY – WHAT ARE THE NEW ISSUES The importance of client confidentiality is hard wired into all solicitors’ consciousness. Awareness does not, however, stop this being an area where breaches all too frequently occur, usually through simple mistakes and oversight. Leaving papers on a train, sending emails to the wrong recipient, holding phone conversations in 18
public spaces are all common failings and these situations have received plenty of publicity. Why, then has the SRA decided to issue new guidance on this subject? The answer is that it has looked in a bit more detail at some of the tricky areas where firms may need to disclose confidential information and questions can arise over how much should be disclosed and the need for client consent. The guidance starts, however, by setting out the basics about the duty of confidentiality which is now set out in paragraph 6.3 of the Code of Conduct for Solicitors, RELs and RFLs (and applied to the Code for Firms). It rehearses the fact that it is also a duty which is applied in common and statute law, the need to distinguish it from legal professional privilege, the fact that all members of a firm are bound by it and that it continues after the end of the retainer. It reminds firms that the courts have stated that the duty to
preserve confidentiality is unqualified, in that it is a duty to keep client information confidential, not merely to take all reasonable steps to do so. It briefly mentions situations where confidentiality may be overridden such as where a firm may be being used for the commission of a crime or where there are money laundering considerations. It then takes a look at a number of difficult situations where confidential information may need to be disclosed, the issues that firms should consider when seeking client consent and those rare situations where information may need to be disclosed without client consent. These situations include: • circumstances where serious harm may occur, or is occurring, to the client or others; • complex law firm structures; • mergers and acquisitions; and • outsourcing. birminghamlawsociety.co.uk
entities working as a group. Conflict checks or due diligence checks may require the sharing of information within the group with checks being carried out within one entity which may have responsibility for putting in place information barriers. As the guidance makes clear, clients should know about the group structure and how it operates with regard to information sharing and be asked to consent to the arrangements. Additionally, the question must always be asked as to whether this is in each client’s best interests. MERGERS AND ACQUISITIONS
SERIOUS HARM - WHERE DISCLOSURE MAY BE JUSTIFIED The guidance looks at circumstances which are not new but do arise from time to time and can cause considerable concern about how they should be dealt with. These situations typically include those where the client or others, such as children or vulnerable adults, may be at risk of serious harm. This could include threats of suicide or reports of child abuse where the client refuses to allow disclosure to the appropriate authorities. In each case, as the guidance makes clear, there is no easy answer and the firm should always consider the possibility of getting client consent first. However, where this is not possible help could be sought in appropriate situations without client consent. Although this would be a breach of the duty of confidentiality, the action may well be justified. COMPLEX LAW FIRM STRUCTURES Increasingly, larger law firms are connected to other overseas offices or law firms involving separate
In carrying out due diligence, information may need to be sought by the acquiring firm about the other firm’s client base. This may require disclosure of client names and the nature of their business. Again, the guidance makes clear that client consent is necessary but allows the possibility that this could be done through the terms of business to a limited extent, for example, for conducting conflict checks. The onus will always be on the firm being acquired to try to limit the information disclosed to the basic minimum necessary. Where more might be required, express client consent should be obtained. The SRA makes clear that the clients’ interests should always be paramount and that both firms’ decision making with regard to disclosure and protecting client information should be recorded. This could be important evidence in helping to counter allegations of any breach. The guidance sets out a step-by-step process which could usefully be followed where one firm needs to examine another firm’s client files. The importance of proceeding with care and client consent was underlined by a case where a firm was heavily fined for making available to an acquiring firm, without client consent, large quantities of client files containing unredacted client information, some of which was privileged. The acquiring firm was also fined for failing to act with independence and failing to maintain trust in legal services. OUTSOURCING This subject has been considered before by the SRA and the issues are reasonably well rehearsed. It reiterates the importance of
client consent which will usually be obtained through the firms’ standard terms and conditions. There is an update which deals with outsourcing information onto the cloud which suggests that firms consult the National Cyber Security Centre website which provides useful guidance on how to determine whether the cloud service provider that being considered is secure enough to protect client data. CLIENT CONSENT The subject of client consent is integral to all the difficult situations outlined above and the SRA takes a separate look at it in the guidance as it arises in so many different situations. Of overriding importance is the need to be sure that the client is clear about exactly what their consent covers and the implications of it. This is captured in the guidance when it says: “Consent to disclosure of confidential information must be clear, so that the client knows to whom their information should be made available, when and for what purpose. Where you have their general consent, it may still be appropriate to obtain the client’s consent to a specific piece of information being disclosed as the issue arises, for example by sending them a draft letter to the opponent to approve.” Finally, the guidance flags up the importance of being clear that seeking client consent does not undermine the client’s best interests. In other words, is the firm trying to achieve something which is more to do with the firm’s best interests rather than the interests of the client? This may well be a relevant consideration where a firm is trying to act for two or more clients using information barriers. Client confidentiality will always remain a critical and high-risk area for firms. In the light of the SRA’s guidance, now might be the time to consider whether your firm’s procedures are robust and staff training is adequate in this important area. For further details of all these issues, the SRA’s guidance can be accessed at www.sra.org.uk/solicitors/ guidance/confidentiality-clientinformation/
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AWARDS IN CONVERSATION WITH ... THE WINNERS OF THE 2022 BLS AWARDS
We got in touch with winners from this year’s Birmingham Law Society Awards and asked them a few questions about winning their award, their work, their goals and their experiences. The first four of these chats feature below - look out for conversations with more winners in future issues. Is there anyone that you would like to thank who has been instrumental in your success? Three people from my early days. John Penn Partner with Rotherham & Co who gave me a start in the profession as an articled clerk in 1980 when there was a global recession and opportunities were scare. John Aucott former Senior Partner at Edge & Ellison who recruited me in 1988; was an excellent mentor and encouraged me in all my adventures in the profession. And my late mother Joan who was a force of nature and always taught me to reach for the sky
JAYNE WILLETTS
LIFETIME ACHIEVEMENT AWARD How have you celebrated your win? With a few glasses of Camel Valley Rose sparkling wine all the way from Cornwall so no wine miles. It was the tipple of choice at the 2021 G7 Summit in Cornwall
AMELIA BAUER
TRAINEE SOLICITOR OF THE YEAR How have you celebrated your win? Unlike the awards night itself, my celebration was a low-key affair involving a Chinese takeaway and bottle of champagne! Is there anyone that you would like to thank who has been instrumental in your success? I would like to thank all of my seat managers (Claire France, Beulah Allaway, Kaleigh Grainger and Sarah Huntbach) during my training contract who have helped to shape who I am as a solicitor with their guidance and support, and have taught me so many valuable lessons. I especially would not have won this award without the encouragement of my training contract appraiser Lisa Whitehouse. Also a shout out to my family and friends who have never faltered in their support and belief in me. If you had to make an elevator/ twitter pitch about your day to day role what would it be? I am a healthcare regulatory solicitor. I 20
If you had to make an elevator/ twitter pitch about your day to day role what would it be? I am in the fortunate position of not having any staff to supervise or partners to report to so I am very much master of my own destiny and operate in a similar way to a barrister. My clients range from large international and national law firms to high street firms to individual solicitors. On a daily basis I could be
drafting a submission to the SRA or advising in conference or appearing as an advocate in the Solicitors Disciplinary Tribunal. Every day is different depending on the needs of my clients but every day I am guaranteed to learn something new. What has the pandemic taught you? That nothing beats meeting clients and professional colleagues face to face. Anything else is second best. If you could create one new law, what would it be? Confine the influence of the media to reporting the hard facts and exclude the media’s never ending personal and political commentary on every situation. Members of the public need to be left to form their own conclusions, not be led by the nose. What one thing do you think lawyers need to do to be better? Be proud of yourself and your profession and dress more smartly. Lawyers need to act and look like professionals.
chose to qualify into this area of law as it is so varied, fascinating and challenging. My primary focus is on contentious and non-contentious healthcare regulatory matters including registration issues with the CQC, compliance advice, factual accuracy challenges, regulatory enforcement work, and public inquiries. What has the pandemic taught you? As much as having quiet downtime is good, suddenly being confined at home made me regret the times I had said no to some social events and not made the most of my free time. Now that we are all returning to normality, I’m making sure I take advantage of the opportunities that come my way (be that work-related, meeting up with friends I’ve not seen for years, travelling, or trying a new hobby). If you could create one new law what would it be? I have long held the belief that families should have automatic non-means tested legal aid funding for representation at inquests into state-related deaths
equivalent to that of the state bodies, public authorities and corporate bodies that are legally represented. What one thing do you think lawyers need to do to be better? Lawyers could be doing more pro bono work. Alongside my day-to-day role I am the Vice Chair of the Birmingham Law Society’s Pro Bono Committee. We are currently looking to have more lawyers on our committee so do get in touch if you are interested in getting involved! birminghamlawsociety.co.uk
AWARDS more aware of recognising talent in the department including when there are occasions to celebrate this. Is there anyone that you would like to thank who has been instrumental in your success? I would like to thank my family, friends and mentors I’ve had over the years who have challenged, motivated and championed me. I wouldn’t be in the position I am today without their support and constant cheerleading by my side. Having a strong unit around you is crucial to keep you motivated and ensuring you are continuously kept in check.
REBECCA CHAUHAN PARALEGAL OF THE YEAR
How have you celebrated your win? I celebrated with my family and friends by enjoying lovely food, drink and winding down at a spa. In terms of celebrating this win with my sub-team, I have encouraged opening up conversations around young female success stories. I want them to feel they have visibility within the firm and are noticed for their contributions. I have also become
TREVOR ALLSOPP PRO BONO AWARD
How have you celebrated your win? I celebrated the win by taking a day off and doing some much needed gardening. Is there anyone that you would like to thank who has been instrumental in your success? I would like to say a big thank you to all the staff and volunteers who have passed through the Centre over the ten years we have been operating, to the clients who make the work so rewarding and enjoyable, and to my wife, Fiona, for her support and encouragement. If you had to make an elevator/ twitter pitch about your day to day role what would it be? I am a healthcare regulatory solicitor. I chose to qualify into this area of law as it is so varied, fascinating and challenging. My primary focus is on contentious and non-contentious healthcare regulatory matters including registration issues with the
If you had to make an elevator/ twitter pitch about your day to day role what would it be? My role is predominately solution focussed after inheriting historic files from leavers of the firm. I review our existing systems/processes, identify the issues and streamline these to find solutions within the team which will enable a smooth transaction from initial instruction to completion. I do this through supervision of the staff in my team, line managing and training staff members in the department to recognise these issues early on to avoid correcting this further down the line. Once issues are identified we then analyse a
more user friendly way of resolving this. I encourage my team to be forward thinking in this respect by asking questions like ‘how does the existing process affect others’, ‘is this the simplest way of achieving what we want or have we complicated it further’, ‘if I was to go on annual leave for a period of time would the process be able to run without me and ‘if I was to suddenly leave the firm, what impact would this system have on new starters etc’. When the end goal is met, this enables our team to not only meet the values of the company but in turn this makes our client’s lives easier. What has the pandemic taught you? I would say I have learnt to be more resilient, not to feel guilty about setting boundaries within the workplace and recognising that I need to take care of my mental health more than I did previously. If you could create one new law, what would it be? To ensure no person/persons experience homelessness and poverty. What one thing do you think lawyers need to do to be better? Have more compassion and empathy.
CQC, compliance advice, factual accuracy challenges, regulatory enforcement work, and public inquiries. What has the pandemic taught you? Our clients have had an even greater need for support than before. Fortunately, we have a great team of co-workers and volunteers who pulled together to work in a changed way which made everything possible, even to overcome the IT challenges. If you could create one new law what would it be?A law requiring the Government to properly fund access to justice schemes to enable the poor and vulnerable to obtain the legal support that they so often require. What one thing do you think lawyers need to do to be better? Demystifying legal issues and be more relatable to their clients
@birminghamlawsociety
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OPINION
LEGAL AID MEANS TEST MUST BE WAKEUP CALL FOR INDUSTRY TO PRIORITISE VICTIMS OVER PROFIT cases increase, much like how Covid showed the true figure in the UK – not an increase as many falsely report. As domestic abuse is a hidden issue it frequently takes a specific event to trigger the victim to report it. I have seen first-hand how a stretched court system adds extra pressure on to victims, with delayed hearings, and lack of continuity in handling domestic abuse cases. Therefore, more needs to be done for victims in the UK.
In 2020, the Office for National Statistics (ONS) reported a 12% increase in the number of domestic abuse cases referred to victim support. Additionally, there was a 65% growth between April and June 2020, in terms of call volume, to the National Domestic Abuse Helpline, compared to the first three months of that year.
Richard Port MBE, family law partner at George Green Solicitors, who has devoted his career to supporting domestic abuse victims, is urging legal professionals across the UK to take on more legal aid cases following the draw for the World Cup. This comes after the government opened its consultation for Legal Aid Means Testing, which re-evaluates not only the income and capital thresholds but also wider eligibility criteria. According to Richard Port MBE, the legal industry must support this by taking on legal aid cases to avoid reduced uptake. “As legal professionals, we have a responsibility to ensure everyone, even those who are unable to pay for legal support, has access to advice and representation. If private cases take precedence over legal aid because they may be more lucrative, then this defeats the objective of having legal aid in the first place. “All too often, desperate victims who have approached legal aid firms are met with either poor excuses as to why their case cannot be taken on, or the level of service and advice provided falls far short of the expected standard. 22
My work with victims of domestic abuse has highlighted why urgent professional assistance is so important. Therefore, it is critical that victims are provided with the necessary guidance regardless of their financial circumstances.” Last month, the consultation on legal aid was launched. The proposed changes could see an estimated 5.5 million more people meet the eligibility criteria, including two million people in civil cases, 3.5 million at the Magistrates’ Court and all Crown Court defendants. Port received an MBE in the Queen’s 2022 New Year Honours List for his legal services to domestic abuse victims and was also named Solicitor of the Year 2022 by Birmingham Law Society. “I am honoured and humbled to have been made an MBE and intend to use this honour to campaign and fight for change in the legal sector and courts to make sure victims - men and women - are given better treatment and better service,” he said. “And while it is extremely positive to see some of the barriers for accessing justice being removed, more action is required from legal professionals for these changes to have an impact. “With the World Cup coming up this year, it’s probable we will see the number of reported domestic abuse
“Sadly, the voices of independent domestic violence advocates and support workers are frequently forgotten or not recognised. Given that they deal with victims and their issues day-to-day, getting them involved with government changes would be an ideal next step. Further issues stem from solutions for tackling domestic abuse being used against victims by manipulative perpetrators. The expression ‘give them a shield and their enemies will use it as a sword’ is particularly poignant. We must resolve the basic problems in the first instance.” Port acknowledged positive moves increasing legislative focus on the issue, including a newly announced pilot scheme by the Government. The pilot will grant judges the ability to review information collated by local authorities, such as the police, before a case reaches the family courts. “This new scheme is a step in the right direction, with victims no longer having to relive traumatic experiences within court. We’ve also seen positive change to legislation, meaning victims of domestic abuse have more time to report incidents. Hopefully, this takes away the stigma many victims feel subjected to if they haven’t reported an incident immediately, which can often be due to fear of repercussions by the perpetrator. As such, we are likely to see a higher chance for perpetrators to face justice. However, we still have a long way to go and this extends not just to the Government but to legal firms as well,” he explained. For more information, please visit www. biriminghamlawsociety.co.uk or www.georgegreen.co.uk.
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THE IMPORTANCE OF BUSINESS PROTECTION
existing business protection, reviewing these to ensure accuracy, cost and how they work in combination with trusts and/ or cross option agreements. By working with our clients’ solicitor and accountant we will also ensure that everything is structured in a manner that reflects their future plans and objectives, with our eventual solutions being researched from the ‘whole of the market.’ Cost vs Value?
A coach once said to me, “find the clients whom you want to work with, truly understand what they want and become a specialist” writes Anthony Richards, Chartered Financial Planner. At Punter Southall Wealth, this has led me into working predominantly with business owners, who are generally seeking an exit at some point in the future. We have helped plan for a sale, with questions posed such as: • How much is enough? • Can I take care of my loved ones and live the lifestyle that I desire? • How will a potential sale of my business change my tax position? However, a more immediate need has often arisen, this being protecting the value of the business and the employees. If you Fail to Plan, you are Planning to Fail The temptation can be to focus exclusively on the end goal, be that a subsequent venture for a serial entrepreneur, passing a thriving business on to the next generation, or simply funding a comfortable retirement. My role, therefore, is not simply to look at the long term, but also plan for the unexpected along the way. A robust financial plan needs to be capable of dealing with disruption. What would be
the effects of the death or serious illness of a business owner on the family; the value and running of the business and future plans and liabilities? What kind of decisions may you be forced to make? Fundamentally, what would you like to happen? Although this is a sensitive subject, it’s crucial that we have those conversations and ask them “what would happen if…?” We assist our clients in positively addressing potential needs which they may not have previously considered. I can’t overstate how important protection can be to provide peace of mind for clients and their families whilst giving them confidence and time to focus on areas which will ultimately drive their business value. If a protection plan has been claimed, this has provided a significant amount of financial and emotional support, often in the form of a cash sum paid to the business to allow continued profitable trading, recruit replacements, repay borrowing or a lump sum payable to the beneficiaries of a deceased or critically ill shareholder allowing the remaining owners to retain control and focus on their future plans. Know Your Customer Before we do anything else we spend a great deal of time understanding what our clients want to achieve for themselves and their families. Our team will look at the business ownership structure, the partnership/ shareholder agreements, and any
For most business owners, we are concerned with maximising and protecting value for them and their families. I’ve lost count of the number of times I have come across business owners who have life assurance at nolonger-competitive premiums, or who have cover on a personal basis, paid for out of after-tax income. Protection can often be arranged in the name of the company as an allowable business expense resulting in a significantly lower net cost. Similarly, I have come across business owners who have arranged a Death in Service scheme. This may not be the best option for senior employees with large pension funds as Death in Service policies are generally written under pension rules. If there is a claim, their value is aggregated with pension monies and then tested against the Lifetime Allowance. This could result in a significant tax charge, significantly reducing the amount inherited. For many individuals such protection can and should be restructured. Our Approach For business owners in order to receive maximum value, we will initially perform a general health check, working alongside their other professional advisers. As highlighted above, this will also address the protection needs of a business, a subject which is often overlooked. Bottom line, find time to discuss, review, align and maximise. For further information on how, working collaboratively with solicitors and other specialists, Punter Southall Wealth can help business owners achieve their desired lifestyle after sale, contact us on 020 3327 5340 or email business.owners@ puntersouthallwealth.com
The value of investments and the income from them can fall as well as rise. An investor may not get back the amount of money that they invest. Past performance is not a guide to future performance. We do not provide legal or tax advice. Please consult any appointed advisers on the possible tax, legal and other consequences of you holding any of the investments contained in this article. Unless indicated otherwise, comment and opinion in this article is based on HMRC’s tax regulations for 2022/23 tax year and tax treatment depends on the individual’s circumstances and may be subject to change in the future. Punter Southall Wealth is a trading name of Punter Southall Wealth Limited, which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No. 5374633. FCA Registration No. 478840. Registered office: 11 Strand, London WC2N 5HR. A Punter Southall company.
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COMING THIS JULY, BIRMINGHAM LAW SOCIETY PROUDLY PRESENTS: ‘RACE TO THE COMMONWEALTH & BEYOND’ Co-hosted by Commonwealth Lawyers Association and
University of Birmingham Law School and sponsored by Cloud Solutions, Cornwall Street Barristers, Gowling WLG, No5 Barristers’ Chambers and Tula Medical Experts.
Hosted in the historic and prestigious Great Hall at the University of Birmingham. The evening is set to be a night of entertainment and fundraising for our charity partner, It’s a Penalty. There is the option to purchase a dinner ticket only if you are unable to make the conference. Day 2 Conference: Creating a Level Playing Field -Friday 22nd July, 8am 4.15pm
Join us for a two-day conference with a mid-conference dinner. The event will be hosted at the University of Birmingham on the 21st and 22nd July exploring the experiences across the globe on themes of ethics, equality and diversity. Our speakers will also be addressing the key topics of privacy issues, race, international arbitration, exploitation and child abuse. See below for a summary of each day's events. Day 1 Conference: Race to the Commonwealth and BeyondThursday 21st July, 8.30am - 5.30pm Day one will commence by addressing the law in sport, exploring its place in the modern game. After
a mid-morning break, the main session will cover child abuse and exploitation, and how sports clubs prevent the sexual abuse and exploitation of children. Alternatively, a breakout session will discuss access to data, and how individuals can be protected against the unsolicited use of their images. The afternoon will start with the Race to the Commonwealth & Beyond, exploring race and what it means across the globe. Following a break, discussions turn to privacy issues with the question of has the pandemic changed our approach to the privacy of medical data? Day 1 Evening Dinner -Thursday 21st July, 7pm - 11pm
Day two leads with international arbitration and mediation - inside and outside of the world of sport, which poses the question as to why arbitration and mediation have become such popular mechanisms for resolving disputes. The morning is then divided into two sessions, the main session covering gender equality and its legal and policy challenges and a breakout session that discusses sports contracts thinking about what is fair and for whose benefit. The final topic of the conference will be ethics and conduct in sporting regulation considering how far should the law go in regulating the ethics of sport. For more information and to book your tickets, please click here.
OPINION
SPECIAL FEATURE
QUILL TALKS TO EVE LAKE, EVE LAKE CONVEYANCING & LEGAL SERVICES Gaining CLC approval Conveyancing practitioner Eve secured approval from the Council for Licensed Conveyancers (CLC) – a process which took over twelve months. During this time, Eve put her back-office infrastructure in place comprising Quill’s legal accounts software and outsourced cashiering service. “I’m a member of the Society of Licensed Conveyancers, Society of Will Writers and Commissioner of Oaths,” adds Eve. “Which means I can do conveyancing work with my eyes closed. What I wasn’t prepared for, however, was the mammoth challenge of securing my CLC licence. I used external consultants to get there quicker but it still took from May 2018 to June 2019. “I used this waiting time wisely to get my software and outsourcing services in situ. With the help of an IT consultant, we quickly saw Quill’s legal accounts solution as a sound option. I loved the idea of having an outsourced legal cashier to handle my accounts, so it made sense for us to turn to Quill for both – software and cashiering service support – to manage client monies.” Post-pandemic recovery Eve’s law firm evolved necessarily during lockdown and has experienced its biggest growth in the eighteen months since lockdown restrictions were lifted.
Eve Lake has grown from a law firm start up in 2019 to a team-of-eight with further expansion ahead in 2022. She recently shared her success story in Quill’s ‘Starting a law firm: Lessons to survive your first year’ webinar. Eve’s biography is an opportunity for budding entrepreneurs to gather inspiration for their own potential law firm launch plans. Read what law firm owner, working mum and conveyancing specialist Eve has to say about law school, working for large corporates, and finally setting up her own practice using Quill’s legal accounts software and outsourced cashiering service… Career background Following graduation from law school, Eve spent 14+ years working for large corporate legal practices. During these tenures, she qualified as a licensed conveyancer, and in will writing and probate administration. “My two past employers were commercial national organisations,” explains Eve. “I progressed as far as I could. Leaving to set up my own business seemed like the logical step. It’s what I’d always aspired to do. I wanted to move away from the red-tape environment to create a smaller enterprise offering a more personal service. Eve Lake Conveyancing & Legal Services was born.” To achieve her ambition, Eve commenced her start-up journey by following procedures and choosing solutions to begin, manage and grow her business. 26
“Prior to Covid-19, we performed anti-money laundering checks the old-fashioned way, using paper documents,” says Eve. “The risk of fraud increased and the ability to meet clients face-to-face removed altogether when the pandemic arrived. To overcome this problem, we switched to online AML checks – one of Quill’s available boosts. We also now use e-signatures as another paperless-working solution. “The enforced restrictions in the conveyancing space in lockdown first hit my law firm hard but we adapted and weathered the storm. Thanks to the stamp duty holiday, we’ve expanded to become bigger and better than ever.” The road ahead Eve concludes by reflecting on the future: “At Eve Lake Conveyancing, we’re always learning and adapting to marketplace and other external or internal factors. We pride ourselves on being agile and, after Covid, we’re ready for whatever the next bump in the road may be. We intend to continue growing whilst maintaining our personal approach, and we envisage wills and probate as our next growth area. With Quill behind us, we’re extremely excited about what the future holds.” Quill’s ‘Starting a law firm: Lessons to survive your first year’ webinar was delivered by an all-female panel of legal professionals from a range of backgrounds, providing invaluable hands-on tips and advice on starting a legal practice from scratch, from those who have gone on to ‘do it alone’ and launch their start up successfully. Originally broadcast in March, watch the webinar on demand here and download Quill’s complementary ‘15Step Guide to Starting Your Own Law Firm’ e-book here.
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