Birmingham Law Society Bulletin March 2020

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

ACCESS to the PROFESSION

SQE

SRA Compensation Fund

Achieving your 2020 vision Food & Drink Special WHAT'S ALL THE FUSS ABOUT?

MARCH 2020

ONE PROFESSION... ONE REGION... ONE VOICE

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THIS ISSUE

ADVERTISE HERE INSIDE THIS ISSUE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED

BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2020.

4.

President's Letter. Access To The Profession and this year's Birmingham Legal Awards shortlist.

6.

News. A round up of what's been happening at the Society and members' news.

8.

Membership Benefits Upcoming events and members' benefits.

12.

Opinion. The SQE- What’s All The Fuss About? asks Catherine Edwards

14.

Regulation Report. Jayne Willetts on The Compensation Fund

18.

Opinion. Alice Kinder on Social Mobility.

20.

Out of Hours. Food & Drink Special

22.

Last Word. Achieving your 2020 vision.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2019 - April 2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Chaitali Desai – Eversheds Sutherland & Sophie Samani – Henderson & Jones The Board 2019/2020 Chair: Regan Peggs Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: PJ Ellis Vice Chair: Professor Bernardette Griffin Finance Director: Ben Henry Director: Dee Kundi Director: Tony McDaid Ex Officio: Linden Thomas Ex Officio: James Turner Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

ACCESS TO THE PROFESSION insights from practising lawyers. In return, our member firms and chambers are able to raise their profile with the legal talent of the future.

As a Society, we are keen to help ensure that our profession is open to all those with the necessary skill and ability. That is why we have signed up to the Social Mobility Pledge, an initiative which encourages organisations to be a force for good by making a commitment to social mobility a key part of their focus.

In her article, Alice Kinder, member of the Society’s Equality, Diversity and Inclusion Committee, and chair of the Social Mobility Sub-Committee, explores how law remains a profession that is more open to some than to others and the role that one’s socio-economic background can play in this. She outlines some of the initiatives that Birmingham Law Society is working on to address these barriers and ensure our legal community is a place where success relies on ability rather than background.

Around 6,500 newly qualified solicitors are admitted to the roll and nearly 500 barristers complete pupillage each year in England & Wales. Entrance to both branches of the profession remains highly competitive, with more than 60,000 undergraduate students studying law in this jurisdiction at any one time.

The future of our profession; how we determine who is permitted to be part of it; what knowledge, skills and attributes those newcomers ought to have; and the means by which they acquire these are matters that will inevitably affect us all, as well as our clients.

Therefore, in this month’s edition of the Birmingham Bulletin, we have a particular focus on access to the legal profession. Birmingham Law Society’s Learning and Development Director and Chair of the Education and Training Committee, Catherine Edwards, has provided an update on the latest developments in relation to the Solicitors’ Qualifying Examination (SQE). The SQE is still expected to come into effect from September 2021 and will replace the current requirements for a Qualifying Law Degree, Legal Practice Course and traditional ‘training contract’, with a requirement for a degree in any discipline, successful completion of a 4 www.birminghamlawsociety.co.uk

series of centralised legal assessments (a significant proportion of which will be multiple choice exams) and two years’ of qualifying work experience, which can be completed with a number of different organisations in voluntary and/or paid roles. Any organisation that recruits new entrants to the profession, whether at trainee level, or newly qualified, will need to be familiar with the implications of these changes and consider how they will affect their recruitment practices.

A significant proportion of Birmingham Law Society’s members are undergraduate law students, currently studying in this city, many of whom wish to remain here and work within the legal profession upon graduation. In his article, Paul McConnell, Senior Lecturer and Deputy Head of the University of Birmingham Law School, explores how law schools help to develop graduates with the skills and attributes sought after by the profession through employability programmes delivered in partnership with employers and discusses the difference that exposure to such opportunities can make to aspiring undergraduates.

For its part, Birmingham Law Society works closely with our university members to extend opportunities to their students to network with and gain

Also in this month’s magazine, Jayne Willetts discusses the SRA’s consultation on the future of its compensation fund, which has provided protection for those owed money by solicitors since 1941. The consultation proposes to cut costs by limiting who is able to rely on the fund, a move which could have a detrimental impact on public trust and confidence in the profession. The Birmingham Law Society Consultation Committee will be preparing a response to this consultation ahead of the deadline on 21 April. Please do get in touch with the committee and share your views on the proposals.

Finally, I would draw your attention to our ‘practitioner alert’ announcing that the Solicitors’ Indemnity Fund (“SIF”) will close on 30 September 2020. This will potentially expose former principals of firms that closed after 31 August 2000, their estates and even individual employees to personal liability for losses.

Firms that undertook conveyancing, wills and trusts and child personal injury are particularly at risk. Further details can be found opposite. Please share this information with former colleagues who no longer have access to the Bulletin, as they may need to take action to ensure they are protected.

Linden

Birmingham Law Society is proud to work in partnership with our sponsors:

2020 LEGAL AWARDS SHORTLIST The shortlist for the 2020 Birmingham Law Society Legal Awards has been announced, celebrating the successes and achievements of the Midlands’ legal community over the past year.

Widely known as co-host of BBC Radio 4's Saturday Live and for his guest appearances on everything from Have I Got News For You to Strictly Come Dancing, Richard first found fame as one half of 1980s band The Communards.

Selected by a panel of judges from the professional and academic legal sectors in the region, the shortlist represents the best of the entries received across 12 award categories by nominated firms and individuals practising in Birmingham and the surrounding areas.

The multi-talented Richard has since turned his hand to everything from writing and presenting to penning music for film and TV.

Shortlisted nominees will be interviewed by a series of judging panels over the coming weeks, with the overall winners announced at the 2020 Legal Awards ceremony on Friday 27 March 2020 at the International Convention Centre in Birmingham.

Now in its 19th year, the annual Legal Awards event has become a permanent fixture in the Midlands business calendar, attracting a capacity crowd year-on-year to showcase the successes and achievements of the region’s legal community over the past 12 months.

PRACTITIONER ALERT CLOSURE OF SOLICITORS’ INDEMNITY FUND PRACTITIONER ALERT FOR FIRMS CLOSED SINCE 31 AUGUST 2000 AVOID PERSONAL LIABILITY The Solicitors’ Indemnity Fund (“SIF”) will close on 30 September 2020. The current position is that when a law firm closes, it is protected for claims by six year run off cover from its insurer.

Insurance after the six-year period is known as supplementary run-off cover and is funded

by SIF. Once SIF closes, this will no longer be the case. Without cover, former principals of firms that closed after 31 August 2000, their estates and even individual employees may be personally liable for losses. Firms that undertook conveyancing, wills and trusts and child personal injury are most at risk.

The Law Society recommends contacting your current broker to extend cover beyond the mandatory six-year period. See Law Society alert https://www.lawsociety.org.uk/supportservices/advice/articles/closure-of-the-sif/.

Further guidance will be published but all those associated with firms that have closed need to act now to protect themselves from personal liability.

Former solicitors may be difficult to track down and contact so please pass on this information to former colleagues who might have retired and not have access to the Bulletin.

Guests at the black-tie event will enjoy a drinks reception, followed by a four-course meal and entertainment from broadcaster, writer and self-professed ‘modern vicar’ Reverend Richard Coles.

LAW FIRM OF THE YEAR (NATIONAL) Sponsored By St Philips Chambers DWF Law LLP Eversheds Sutherland (International) LLP Gateley Legal Pinsent Masons LLP Squire Patton Boggs (UK) LLP Law Firm of the Year (Regional) Landmark UK Enoch Evans LLP QualitySolicitors Davisons Sydney Mitchell LLP The Wilkes Partnership LAW FIRM OF THE YEAR (SOLE PRACTITIONERS AND UP TO 5 PARTNERS) Sponsored By Index Property Information Adcocks Solicitors Limited Averta Employment Lawyers KJ Conroy & Co TRP Solicitors EXCELLENCE IN CLIENT SERVICE - BUSINESS CLIENTS Sponsored By Gallagher Funding and Finance (Anthony Collins Solicitors LLP) Real Estate Team (DLA Piper UK LLP) DWF International Arbitration and Litigation (DWF Law LLP) Business Services Team (Harrison Clark Rickerbys Birmingham) Employment Team (Irwin Mitchell LLP) Dispute Resolution Team (Sydney Mitchell LLP)

He is also a Church of England priest, a Fellow of King's College London and Chancellor of the University of Northampton.

The event compere will be Phil Upton, radio presenter at BBC Coventry & Warwickshire.

A balloon raffle will be held on the night to raise money for two charities selected this year by the President of Birmingham Law Society: the Central England Law Centre and Citizens Advice Birmingham.

Book tickets for the 2020 Legal Awards at www.birminghamlawsociety.co.uk Spaces for the event are limited and will be allocated on a first-come, first-served basis, so book early to avoid disappointment!

This year's shortlisted entries are listed below: BARRISTER OF THE YEAR Sponsored By Birmingham City University Esther Gamble (No5 Chambers) Jason Hadden (St Ives Chambers) Elizabeth Isaacs QC (St Ives Chambers) Vanessa Meachin QC (3PB) Iqbal Mohammed (St Philips Chambers) SOLICITOR OF THE YEAR Sponsored By Cornwall Street Barristers Kishma Bolaji (Shoosmiths LLP) Christina Georgiou (Squire Patton Boggs [UK] LLP) Simon Grimshaw (Hogan Lovells International LLP) Alice Kinder (Anthony Collins Solicitors LLP) Samantha Miller (Eversheds Sutherland [International] LLP) TRAINEE SOLICITOR OF THE YEAR Sponsored By The University of Law Anna Dearden (Anthony Collins Solicitors LLP) Mischa Howell (Anthony Collins Solicitors LLP) Demi Hughes (Squire Patton Boggs [UK] LLP) Jastinder Samra (Mills & Reeve LLP) Rachel Sutcliffe (Anthony Collins Solicitors LLP) PARALEGAL OF THE YEAR Sponsored By Michael Page Legal Jess Allan (Irwin Mitchell LLP) Rebecca Kennedy (Pinsent Masons LLP) Isha Khatun (Shoosmiths LLP) Emily Morris (DWF Law LLP) Marie Newton (Irwin Mitchell LLP)

EXCELLENCE IN CLIENT SERVICE - PRIVATE CLIENTS Sponsored By Executor Solutions Private Client Team (Anthony Collins Solicitors LLP) Clinical Negligence (Irwin Mitchell LLP) Personal Advisory Division (Shoosmiths LLP) VWV Private Client team (VWV) Wills, Trusts, Estates & Court of Protection (Weightmans LLP)

APPRENTICE OF THE YEAR Sponsored By Sharp Business Systems Michelle Blackwell (Bevan Brittan LLP) Laura Brown (Irwin Mitchell LLP) Aimee Haden (Bevan Brittan LLP) Brogan Maxwell (Irwin Mitchell LLP) Beth Walters (Eversheds Sutherland [International] LLP)

PARTNER OF THE YEAR Sponsored By Common Purpose / Quantuma Martino Giaquinto (Mills & Reeve LLP) Kirsty McEwen (Higgs & Sons) Karen Moores (Sydney Mitchell LLP) Richard Morgan (Harrison Clark Rickerbys) Clive Read (VWV) Emma Rush (Irwin Mitchell LLP)

PRO BONO AWARD Sponsored By Midlands Air Ambulance Birmingham Legal Advice Clinic (Squire Patton Boggs [UK] LLP, Eversheds Sutherland [International] LLP, Bevan Brittan, Gowling WLG) The Birmingham Pro Bono Network The Litigation Programme (The University of Law) Emma Hardman (Anthony Collins Solicitors LLP) Nadine Mansell (Capsticks Solicitors LLP)

Jayne Willetts Chair – BLS Consultation Committee www.birminghamlawsociety.co.uk 5

NEWS

STONEWALL NAMES IRWIN MITCHELL ONE OF BRITAIN’S TOP 100 LGBT INCLUSIVE EMPLOYERS and almost one in five LGBT employees (18 per cent) have been the target of negative comments from colleagues because of their identity.

Sanjay Sood-Smith, Stonewall’s Executive Director of Workplace & Community Programmes, said: “We are delighted to name Irwin Mitchell as one of our Top 100 Employers this year. All the organisations in this year's Top 100 Employer's list are playing a huge role in improving the lives of LGBT people, and should be very proud of their work.

Stonewall’s Top 100 is compiled from submissions to the Workplace Equality Index, a powerful benchmarking tool used by employers to assess their achievements and progress on LGBT equality in the workplace, as well as their wider work in the community and on service provision.

Irwin Mitchell has been named one of the most inclusive employers in Britain by lesbian, gay, bi and trans (LGBT) equality charity Stonewall in its Top 100 Employers list for 2020.

Irwin Mitchell has placed 74th on this year’s list, climbing 73 places from last year’s list.

This year’s Top 100 was the largest ever with 503 employers entering, demonstrating their commitment to LGBT workplace inclusion.

In addition to placing on the list, the firm, which has 15 offices across the UK, including a Birmingham office, also received recognition for a Highly Commended LGBT+ networking group.

As part of the Top 100, Stonewall collects more than 109,000 anonymous

responses from employees on their experience of Britain’s workplace culture and diversity. This year, 81 per cent of LGBT employees who responded to the survey said they feel able to be themselves in the workplace.

Each organisation must demonstrate their expertise in 10 areas of employment policy and practice, including networking groups, senior leadership, procurement and how well they’ve engaged with LGBT communities.

Andrew Tucker, CEO of Irwin Mitchell, said: “We’re delighted with this news as it is reflective of the great work taking place across our business to make sure colleagues are valued for who they are and what they bring. Being a diverse and inclusive firm means we are able to better support each other, provide a better service for our clients and lead the way for others to follow in our communities.”

Stonewall’s 2018 Work Report revealed more than a third of LGBT staff (35 per cent) have hidden they are LGBT at work

NEW RECRUITS AS TALBOTS RECORD £14M FEES The three of them have extensive experience of residential and commercial property and have developed a strong client base across professional services, high profile developers and estate agents.

They aren’t the only promotions being made with Katie Wager and Sanjeev Sunder now Senior Associates and Aneesah Sheikh, Holly Elphick and Joe Foley moving into the position of Associates.

“2019 was a very good year for us, with strong performances in all areas, but specifically across our property and business services teams,” explained Mary Morgan, CEO of Talbots Law. “18% growth surpassed our initial projections and to support the expansion we have appointed Claire, Liz and Yvonne as Directors. All of them are experts in their field and have shown a real passion for delivering high quality, cost effective legal advice for local people and companies.”

A trio of promotions are set to help Talbots Law capitalise on a £2m increase in fees.

The firm, which has six offices across the Black Country and Worcestershire, has appointed Claire Cooper, Liz Hulland and Yvonne Masters as Directors of the fast-growing business that saw turnover hit £14m last year.

6 www.birminghamlawsociety.co.uk

She went on to add: “Our people are at the heart of our approach and we are committed to investing in their training and their progression, giving them opportunities to maximise their potential.”

Talbots, which has six offices in Codsall, Dudley, Halesowen, Kidderminster, Stourbridge and on Waterloo Road in Wolverhampton, is looking to create 15 new jobs in 2020.

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NEWS

MEMBERSHIP BENEFITS

UPCOMING BIRMINGHAM LAW SOCIETY EVENTS

BOTTEGA 10% discount on total bill (food and drinks) for all Birmingham Law Society members if mention Birmingham Law Society or show a business card when booking a table, order food or drinks at the restaurant. Not to be used in conjunction with any other offers.

HOW TO LITIGATE IN THE BPC 03 March 2020 17:00 - 20:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 05 March 2020 8:30 – 12.00 @ Irwin Mitchell, 9th Floor, The Colmore Building 20 Colmore Circus B4 6AH

THE LAWS OF CONFIDENCE; CONFIDENT PEOPLE ARE MADE NOT BORN 17 March 2020 8:00-10.00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR GIVING AND RECEIVING FEEDBACK; FROM ONE PROFESSIONAL TO ANOTHER 17 March 2020 12:00 - 14:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR

LOKI WINE Members of Birmingham Law Society receive a 10% discount on purchases.

This offer cannot be used in conjunction with any other offer with Loki Wine.

Please mention that you are a member of Birmingham Law Society at the moment of purchase. Address: 36 Great Western Arcade, Birmingham B2 5HU R

TM LEWIN 15% off everything, valid until Thursday 19 March 2020 inclusive.

LUNCH CLUB WITH PREET KAUR GILL MP 20 March 2020 12:00 - 13:30 @ Chung Ying Central, 126 Colmore Row Birmingham B3 3AP GETTING TO GRIPS WITH ACCOUNTING AND VALUATIONS: SESSION THREE 23 March 2020 8:00 - 9:30 @ Mazars

Birmingham Law Society

HOW TO REDEEM YOUR OFFER: Print out the voucher and present it in store or enter code ”BCBLAW19” at the online checkout.

HOW TO REDEEM YOUR OFFER.

Present this voucher in store or enter code ””BCBLAW19”” at the online checkout.

Terms & conditions: Discount will only be given on presentation of this voucher in-store in the UK & Ireland.

SOLICITORS ACCOUNTS RULES Discount cannot be redeemed against previous purchases, 25 March 2020 13:30 - 17:00 @ Colmore Building 20 Colmore Circus used in conjunction with any other offer, voucher, discount code B4 6AH or gift card purchases. *Excludes Loake Shoes. Valid Tuesday 21st January until Thursday 19th March 2020 inclusive.

ADVOCACY TRAINING 26 March 2020 12:00 - 17:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR T’s & C’s: Discount will only be given on presentation of this voucher in-store in the UK & Ireland. Discount cannot be redeemed against previous purchases, used in conjunction with any other offer, voucher, discount code or gift card purchases. *Excludes Loake Shoes. Valid Tuesday 21st January until Thursday 19th March 2020 inclusive.

LEGAL AWARDS 2020 27 March 2020 @ ICC INTRODUCTION TO LEADING WITH CULTURAL INTELLIGENCE (CQ) 09 April 2020 7:30 - 9:30 @ Pinsent Masons, 55 Colmore Row, Birmingham B3 2FG AGM - MEMBERS ONLY 28 April 2020 17:00 - 19:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR GETTING TO GRIPS WITH ACCOUNTING AND VALUATIONS: SESSION FOUR 29 April 2020 8:00 - 9:30 @ Mazars PERSONAL BRAND; DEVELOP YOUR PROFESSIONAL REPUTATION 05 May 2020 8:00-10:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR

MAKING THE MOST OF YOUR MEMBERSHIP BREAKFAST EVENT

MOTIVATE YOUR TEAM AND DELEGATE EFFECTIVELY 05 May 2020 12:30-14:00 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR

On Friday 31st January, Birmingham Law Society hosted its first ‘Making the Most of your Membership’ networking breakfast.

GOLF DAY 07 May 2020 12:30 - 20:00 @ Forest of Arden Golf Club, Maxstoke Ln, Meriden, Birmingham, Coventry CV7 7HR

The event offered our members the opportunity to meet with chairs of the Society’s 14 committees, as well as Directors, Officers and the staff team and find out about the work that they do on behalf of the local legal community.

DOING YOURSELF JUSTICE IN COURT 13-May-20 8:30-12:00 & 13:30-17:00 @ Irwin Mitchell, 9th Floor, The Colmore Building 20 Colmore Circus B4 6AH NETBALL TOURNAMENT 20th May 2020 16:30 - 21:00 @ ACTION Sports, Marsh Hill, Birmingham, B23 7EY IT'S A KNOCKOUT 19th June 2020 15:30 - 18:00 @ Bassetts Pole Adventure Park, Trickley Coppice, London Road Bassetts Pole Sutton Coldfield B75 5SA BOOK YOUR PLACE AT: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk 8 www.birminghamlawsociety.co.uk

It was also an opportunity for members to hear about upcoming events and initiatives and to discover how they can benefit from and get more involved with the work of the Society, whilst networking and enjoying a complementary breakfast.

Following the success of this initial event, we will be running similar breakfast networking events every six months going forwards.

If you have any queries about making the most of your Birmingham Law Society membership in the meantime, please do get in touch with President, Linden Thomas at president@birminghamlawsociety.co.uk

HOW TO FIND THE BEST IT SUPPLIERS FOR YOUR NEXT for Practice Managers tasked with pulling together a short-list GENERATION SOFTWARE Abyguide Brian Welsh, CEO at Insight Legal

productivity and profitability benefits be unlocked.

Sadly, unscrupulous suppliers do exist in the legal IT market. Sales tactics and retention strategies can be at the sharper end of what law firms are used to. Some suppliers see firms as soft targets; they are perceived to have deep pockets and are not as IT savvy as ‘real’ businesses.

Any independent evidence available about the quality of a software supplier is valuable.

Accreditations or approved supplier status are two examples. Insight Legal is recognised as an Approved Supplier by The Law Society of Scotland and as a Strategic Partner of the Law Society of England and Wales.

If you’re reading this then you won’t need telling about the winds of change blowing through the legal landscape. It’s a familiar tale. Everyone it seems is expecting twice as much to be done, in half the time for no more money! The rising expectations of clients, the requirements of the regulators and the growth of ‘volume’ providers are akin to a perfect storm affecting many firms’ financial performance.

efficiencies that need to be found no longer exist by just improving existing methods. As Henry Ford, a true innovator said: “If I had asked people what they wanted, they would have said faster horses.”

It may be time, at the start of a new decade, that your firm looked again at what IT software solutions can deliver.

The challenge for Practice Managers tasked with scouring the supplier market, is whittling down Is efficiency, productivity and profitability important a long list10:35 of ‘possible’ to your firm?The If so,Bulletin then a modern legal system, 190x136mm choosing theITright IT 12/02/2020 Page IT 1 suppliers to a sensible meeting the needs of the practice and its clients short-list of ‘suitable’ IT suppliers. Only by finding is vital for long-term sustainability. Sadly, the the right supplier for your firm will the efficiency,

Our commitment is to deliver an honest, proudly independent, approachable and technologically flawless service for Scottish firms in an evercompetitive legal IT sector. Insight has a number of clients in Scotland, all supported by the team in our Glasgow office who are knowledgeable about Scottish law.

Our guide about choosing a reputable supplier, is designed to help IT Directors and Practice Managers through the process of identifying a supplier short-list and then how to select the right partner.

To download our White Paper on how to choose a reputable software supplier visit: www.insightlegal.co.uk/news To discuss this topic further or the services we can offer, please give us a call on 01252 518939, email us at info@insightlegal.co.uk or visit our website; www.insightlegal.co.uk

NEWS

LEGALLY (DIS)ABLED? On Thursday 30 January 2020, Birmingham Law Society’s Disability Committee held their inaugural event, “Inspired

by Legally (Dis)abled”.

As the name suggests, the event was inspired by the research project “Legally Disabled?” undertaken by Professor Debbie Foster (Cardiff University) and Dr Natasha Hirst (Independent) at the Cardiff Business School. This was carried out in partnership with the Lawyers with Disabilities Division of the Law Society. The project looked into “the career experiences of disabled people working in the legal profession” and launched its reports at a conference on 24 January 2020.

With findings that are unlikely to surprise a majority of disabled members of the profession, the research found that access to reasonable adjustments often depended on the relationship between the disabled person and their line manager and this could be a ‘luck of the draw’ situation. Additionally, the legal profession was likely to have outdated working process which unfairly disadvantaged disabled colleagues. Access to the legal profession was also an issue with disabled candidates often hiding their disability or not requesting reasonable adjustments out of fear this would have an adverse effect on their applications.

Our aim with this event was to open up the world of those with disabilities within the profession. We invited a range of speakers, with a variety of experiences, to be part of our panel event and discussed issues such as “What barriers did you face getting into the legal profession?” and “How and when to have a conversation about reasonable adjustments with your employer?”

To start us off, Iyanu Onalaja of Shoosmiths provided a brilliant keynote speech on her experiences as a wheelchair user and qualified real estate lawyer remarking that “any firm who is not willing to work with me and my disability is not a firm for me!” which was followed by the panel session.

The panel was made up of Emily Chalkey of Charles Russell Speechleys who spoke about Dyslexia, Keith Whitehead of Irwin Mitchell who spoke about caring for a disabled partner,

Judge Veronica Dean (formerly a partner at Edge & Ellison now Squire Patton Boggs) who works as an Employment Judge talked about Multiple Sclerosis, Elizabeth Sangobiyi of Freshfields who spoke about deafness and invisible disabilities and Whitney Joseph of Mayer Brown who spoke about sickle cell disease. The panel was hosted by Disability Committee chair Emily Morris of DWF and Disability Committee member Victoria Towers.

The panel was followed by a Q&A session and an opportunity to network. We have received many comments that the event was a great opportunity for people to link up with others in the profession with disabilities and that it made people feel more confident about discussing their disabilities with their employers.

The event was extremely popular and attended by members from all levels of the profession, including students.

Many thanks to Linden Thomas (President of BLS) for her opening words, the Birmingham Law Society for providing funding and Shoosmiths LLP for hosting the event and providing refreshments.

HIGGS & SONS NAMES ITS NEW CHARITY OF THE YEAR AS TEENAGE CANCER TRUST Louise Walker, Relationship Manager for West Midlands and Oxfordshire at Teenage Cancer Trust said: “We’re delighted to have been chosen by Higgs & Sons as their 2020 Charity of the Year. With their help we can improve the experience, survival and recovery of young people with cancer in the Black Country and beyond.

“2020 marks the 30th anniversary of Teenage Cancer trust we are looking forward to an exciting year ahead, working alongside Higgs on a fun-filled calendar of charity fundraising.”

Higgs & Sons has announced its Charity of the Year for 2020 as the Teenage Cancer Trust. The two organisations will be working closely together throughout the year in order to raise funds and awareness of the work Teenage Cancer Trust undertakes throughout the region.

“Each year, colleagues across the firm put forward the names of organisations to consider for support through our extensive CSR programme. We then vote to select our main charity of the year and a number of other organisations who will receive support 10 www.birminghamlawsociety.co.uk

through the Higgs Charitable trust which we established two years ago.This year we are thrilled to be supporting Teenage Cancer Trust and are looking forward to working with them on a number of exciting initiatives throughout the year.”

Teenage Cancer Trust is the only UK charity dedicated to providing young people who have received a diagnosis of cancer with specialised nursing care and support. Its world-class services provide life-changing care and support so that young people don’t have to face cancer alone.

Tim Jones concludes “Over the past five years we have raised in excess of £120,000 for good causes – an incredible amount.

But alongside that we also believe it is important to get involved with each of our charities, offering hands-on practical support and making the most of the expertise and enthusiasm we have to offer. “We are looking forward to carrying on that tradition with Teenage Cancer Trust by supporting them in the work they undertake providing essential help and support to teenagers and young people here in the Black Country and throughout the UK.”

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OPINION THE SQE- WHAT’S ALL THE FUSS ABOUT?

by Catherine Edwards, Director of Learning and Development & Chair of Education and Training committee, Senior Practitioner in law- Keele University

So what is the SQE? From ‘Autumn’ 2021 anyone who has not already started a law degree or GDL will have to take the SQE to become a solicitor. It is in two parts. SQE1- a functioning legal knowledge test of 360 questions across two exam papers of 3 hours duration each. Yes, 90 seconds per question for 3 hours! The data around reliability makes a convincing case for why so many questions. The syllabus has been set by the SRA and that’s another debate. SQE2 is the skills based assessment. There have been pilots of both exams. We know that the assessment of skills in SQE1 was disastrous from an equality and diversity standpoint. It will not proceed in its current form. This means skills may not be assessed until SQE2- which could be the point at which a solicitor is admitted.

However, the areas in which these skills are assessed is very limited. Candidates choose practice areas from Criminal practice; Dispute Resolution, Property; Wills and the Administration of Estates and Trusts; Commercial and Corporate Practice.

Universities We know what is coming and most of us whatever, we think about the proposals, accept the inevitability and have a plan.

The detail, the structure, and the areas being examined keep changing, but we get the general idea. Are most of us going to change the content of our law degrees? No. Whatever the SRA thinks about us needing to train students for their new exam, a law degree is a reputable degree encompassing a critical evaluation and debate about law in many many forms. We want our students to 12 www.birminghamlawsociety.co.uk

experience many different areas of law not just the SQE. Many of our graduates do not pursue a legal career at all. The law degree is not going to suddenly become a training ground for aspiring solicitors. There is the Legal Practice Course for that and those providers are designing new courses.

Now we will be allowed to teach whatever we want on our law degrees we can be more innovative in what and how we teach and universities are most certainly embracing that change. Even research led institutions like my own at Keele is introducing a new pathway for professional legal practice to give students some basics in practical skills before they graduate but we are not teaching SQE prep and this is a choice to study not a mandatory route.

So what do firms need to do?

• Recognise that aspiring solicitors especially at A level stage may not understand SQE. • Transitional provisions will be in place technically until 2031 although practically most LPC courses will have evolved by then.

you wish for as long as you need; but they must have had an opportunity to experience the competencies listed in the SRA statement of competence for a solicitor. Ironically they do not actually have to be signed off by you as competent at all! The SQE2 exam assesses that, not you. If they pass the exams and do 2 years QWE then they are admitted (subject to the usual character and suitability checks).

• Will you be willing to sign off the experience of your paralegals to enable them to obtain a patchwork of QWE amounting to 2 years and qualify as solicitors (assuming passing SQE) It’s all a diabolical idea in my personal opinion, but it is coming. It will not be cheaper. I know students need help to pass exams, especially multiple choice ones. It’s almost as much technique as knowledge. MCQs are difficult to write and bright students often overanalyse them and get them wrong. They will have to pay for test prep courses. The affluent will pay for more prep; the less affluent will potentially buy the cheapest if any. How does that help diversity in the profession?

• Is the SQE relevant to you? Lots of firms are ignoring it for the first 2 years and then looking at it again for 2023.

Guinea pigs?

What we all need to consider is how we make it work for us. One answer is solicitor apprentices- a brilliant idea with a positive impact on diversity and access to the profession.

• Do you recruit a mix of law grads and non law? How will you train the non law grads? The GDL (law conversion course) will still exist in another name.

There is a lot of information available from the SRA at; https://www.sra.org. uk/globalassets/documents/sra/news/ sqe-briefing.pdf

• Do you want to recruit after completion of SQE1 and SQE2? You then provide qualifying work experience (QWE) in a similar way to a training contact, or use the new freedom to use your aspiring solicitors in whichever departments

We will be updating everyone at our conference in June with the SRA in attendance as well as a panel to debate the practical implications of the SQE after the results of the SQE2 pilot.

PROMOTING ACCESS TO THE PROFESSION THROUGH UNIVERSITY CAREERS SUPPORT There are now five Universities which offer undergraduate Law degrees in the city of Birmingham alone, as well as numerous others across the country. Research shows that most students commence a Law degree with the intention of qualifying as a lawyer, so how can universities best support students in achieving their career goals in such a competitive legal recruitment market asks Paul McConnell from Birmingham Law School.

Universities have traditionally offered Careers support through a University-wide Careers Service, but there is increasing recognition that more tailored support is needed for Law students. This is particularly the case for students who may not already have links to the legal profession, as is often the position of many students studying Law locally.

At Birmingham Law School, we have provided specialist legal careers support through our Centre for Professional Legal Education & Research (CEPLER) for several years, alongside our activities linked to Pro Bono and Advocacy. A particularly enjoyable and rewarding aspect of my role at the University is as Director of Careers & Employability within CEPLER, working with a team of four other Law staff to support our students in achieving their career aspirations. A real highlight of this work is the outstanding support that we receive from the local legal community.

Firstly, we run a focused programme of weekly careers events, which aim to inform students about the legal career options available to them, and prepare them for recruitment processes such as interviews and assessment centres. In 2019/20 alone, we have run over 50 events of this type, many of which involve speakers from local firms. A hugely popular event is always our “Birmingham Law in the City� event, at which 60 of our second year students spend a day at Gowling WLG, hearing from a number of local employers about the legal opportunities available in Birmingham. Browne Jacobson, Shakespeare Martineau and Eversheds Sutherland have also kindly hosted our students for in-house events this year.

Secondly, we offer an exclusive internships programme, which will provide invaluable legal experience to over 100 Birmingham Law School students this year, supported by bursaries from the University. Local employers which are involved in this programme include Bailey Wright & Co, the CPS, Dass Solicitors, FBC Manby Bowdler, Freeths, George Green, Gowling WLG, Hawkins Hatton, HRS Family Law, Pinsent Masons, Shakespeare Martineau and The Wilkes Partnership. We also work closely with No.5 and St Philips Chambers on mini-pupillage opportunities.

It is incredibly rewarding to hear from our students about their career successes, and we are very grateful to the Birmingham legal community for all the support, which makes a real difference for many students, and provides a fantastic foundation for starting their legal careers.

Our speaker line up includes; Michael Vaughan OBE, Jolean Lescott and hosted by Pete Graves!

To book please visit:

https://childbraininjurytrust.org.uk/events/ birmingham-sports-lunch-2020/

www.birminghamlawsociety.co.uk 13

REGULATION REPORT THE COMPENSATION FUND

THE JEWEL IN THE CROWN OF THE PROFESSION? WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS.

The SRA has recently published consultation proposals to restrict eligibility to the Compensation Fund and, thereby, reduce the financial burden on the profession.

The paper’s title “Protecting users of legal services – prioritising payments from the SRA Compensation Fund” attempts to suggest that there is an altruistic motive behind the proposals but the real problem is cost. Claims by investors in large scale dubious investment schemes are blamed for making a signficant dent in reserves resulting in contributions from firms increasing to an all time high of £1680 per firm in 2018/2019. Some of the latest proposals were contained in a 2018 consultation and are now being reworked.

Whilst many would assume that the Fund only compensates those who have suffered loss as a result of a solicitor’s 14 www.birminghamlawsociety.co.uk

dishonesty, in fact, it does much more.

It makes grants where hardship is suffered as result of a solicitor’s failure to account. It steps in where a firm is not insured as well as funding intervention costs. The Fund accepts applications from all those who have dealings with solicitors but only those with client accounts are required to make contributions.

The Fund has been a key consumer protection since it was first established

by Section 2 of the Solicitors Act 1941 coming into effect on 16 November 1942 during World War 2. The contribution to the Fund was set at £5 per annum for each practising solicitor. Many of the practising solicitors were away serving in the armed forces. The National Archives record that Mr J.L.E Smith-Wood was refused exemption from payment of his contribution to the Fund even though he was on active service in the Army.

The Fund was regarded at the time as a crucial measure to restore public confidence in the profession which the Law Society President (Mr Randle Holme) said was at a very low level.

There were only 13,000 practising solicitors in 1942. Many were lost in the war or were in prisoner of war camps.

Female solicitors holding practising certificates numbered 164 in 1942.

The 1942 Rules for the Fund continued until 1966 when they were replaced by the 1966 Rules which are almost identical to the current rules. The 1966 Rules were designed to compensate a “loser” now known as an applicant. The Fund was described as a discretionary fund of last resort, there being no legal entitlement (as now) to a grant. The 1974 Guide to Professional Conduct however does record that so far all admitted claims (i.e. since 1942) had been paid in full.

To return to the present day, the SRA is planning to exclude grants to applicants to cover litigation costs incurred as an alternative means of redress before making an application to the Fund.

Also excluded will be legal costs or indeed any professional costs incurred by applicants in connection with applying to the Fund on the basis that the SRA remains of the view that professional help is not needed. Claims in certain circumstances where firms have no insurance are also to be excluded.

The maximum payments are to

be reduced from £2m to £500,000. The SRA seeks to justify this reduction by making comparisons with other schemes (e.g. Institute of Chartered Accountants probate scheme) and finds that ours is much more generous. Some of these regulators are very new on the scene and have very few members so these comparisons are not terribly convincing.

Applications from barristers and third party experts for unpaid fees are to be excluded. These applications are more commonplace than may be thought. Barristers and medical agencies provide credit to law firms in personal injury “no win no fee” cases for long periods. If a firm fails to account for disbursements once the case is settled and the costs are paid into client account then barristers and third party experts can apply to the Fund. A change to the funding of personal injury cases may be an inevitable consequence.

And in an acknowledgment of the problem caused by the large scale dubious investment schemes, claims are to be excluded where the conduct and behaviour of the applicant warrants refusal or reduction.

In other words, where the applicant’s actions have contributed to the the loss. There will also be a specific requirement for full and frank disclosure by the applicant.

There are a myriad of other changes proposed such as applying a cap of £5m to multiple applications but space does not permit further analysis. However, the most fundamental proposal is that any claims on the Fund should be restricted to clients. Broadly, the current position is that any person who entrusts funds to a solicitor can claim from the Fund if those monies are misappropriated. This present wide category of potential applicants raises an important point for the reputation of the profession. We have traditionally been known as the profession which can be “trusted to the ends of the earth” .The Fund has played a key role in the public perception of our profession.

If you deal with a solicitor in whatever capacity, your money will be safe. If this restriction is imposed then you will only be covered by the Fund if you are a client.

If these SRA proposals are adopted then a buyer who has lost money because of the dishonesty of the seller’s solicitor in a conveyancing transaction would be excluded.

Another example are third parties in personal injury claims such as vehicle hire companies where the solicitor has not paid their costs out of the client’s damages because they have been lost or stolen.

And finally, an opposing party in divorce proceedings would be a loser in every sense of the word where the other solicitor is holding money and then steals the money set aside for a financial settlement.

Whilst managing cost is a sensible objective, the Fund has always been a key consumer protection, head and shoulders above other schemes. Lessening eligibility could reduce trust and confidence in the profession. We have always been able to say with absolute confidence to a member of the public that if you deal with a solicitor then your money is safe and secure. If anything goes wrong, the Compensation Fund will step into the breach as a safety net. That will no longer be the case if all of the proposals are adopted. One can just imagine the damaging headlines – “Mrs Smith loses life savings because of dishonest solicitor & profession refuses to compensate”.

We have always had a Rolls-Royce scheme compared to other professions but it appears that this will no longer be the case. Whilst we retain the title of solicitor and are still known as a profession, do we need a fully functioning and all-encompassing Fund to maintain public confidence? What can be done to protect the reputation of the profession? These are far-reaching proposals for the profession and well worth a read.

The SRA paper is at https://www.sra.org.uk/sra/consultations/ consultation-listing/comp-fund-reform-2020/?s=o and the consultation is open until 21 April. The Birmingham Law Society Consultation Committee will be submitting a response – please submit any comments to its Chair Jayne Willetts jayne@jaynewilletts.co.uk

WOMEN IN FAMILY LAW LAUNCH EVENT Women in Family Law aims to bring together women working in all areas of family law in order to provide support and encouragement to tackle the multitude of issues and challenges that face women working in this field. Hannah Markham QC is leading the Association as Chair of the founding board.

The Association has already been overwhelmed with offers of support from the judiciary as well as a number of women working in the field of family law. Membership to the Association is open to all women interested in or working in the field of family justice, from judges, to solicitors, barristers, paralegals, and beyond. The twitter feed is live (please follow @WiFLaw), instagram (on @WiFLaw) and the website is womeninfamilylaw.net.

The Association will formally launch on Friday 13 March 2020 at The Honourable Society of Gray’s Inn and we are delighted that Lady Hale will be speaking at the launch event.

Tickets: £10 for members and £20 for non-members. To become a member visit and to book tickets visit www.womeninfamilylaw.net/ membership/ To enquire about membership please email: membership@womeninfamilylaw.net The association will be launching Women in Family Law West Midlands on 24 September 2020 at BPB Chambers offices in central Birmingham, for more information please contact Lisa Watts on 07983 314 959

Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms

Bulletin magazine will be previewing the launch within its July/August 2020 edition, for more information please contact Mike Moloney on 07801 849367

OPINION

THREE THINGS TO THINK ABOUT WHEN YOU’RE RE-MORTGAGING YOUR HOME

Sarah Deacon, Area Manager for Wesleyan Financial Services (WFS) who specialises in providing financial advice to lawyers, explains the top three things to consider when you’re planning to re-mortgage your home.

balance, for example, five per cent of the remaining balance if you have three years left on your remaining deal, but only one per cent if you only have one year left.

Remortgaging can feel like a chore, but with a little bit of work you can unlock some big benefits. Here’s the top three pieces of advice I give my customers when they’re looking to remortgage.

It may still be beneficial to move to a new mortgage deal despite having fees to pay. For example, the savings you could make over the term of a fixed deal may be more than the fee due if you exit your existing deal early. The solution that’s right for you will depend on your individual circumstances.

1. UNDERSTAND THE COMPARISON RATES When shopping around for a mortgage deal, it's easy to be seduced by headline-grabbing interest rates. But with so many factors to consider it can be hard to compare like for like. Some deals may include application, legal and product fees. Others don't.

The one thing I always advise my customers to look out for is the Annual Percentage Rate of Charge (APRC). This is an overall cost for comparison. It’s quoted as a percentage of interest payable on the total amount of credit. It takes account of all fees that you might face.

When looking at the APRC, keep in mind that the calculation assumes you will stay with the same product and provider for the duration of your mortgage. In reality, most people look to switch once every few years.

2. FACTOR IN THE FEES AND COSTS If you’re remortgaging before your current deal comes to an end, you may have to pay early repayment charges.

These fees are often tapered as a percentage of the remaining 16 www.birminghamlawsociety.co.uk

If you leave your existing deal before the agreed period, the lender may also ask you to repay any incentives originally provided to you, such as free valuation fees, legal fees, or cashback offers. Remember to check the T&Cs when considering your options.

3. YOUR PERSONAL CIRCUMSTANCES MATTER It’s important to think about how your future goals might impact your finances. For example, if you want to become selfemployed or take a career break, you might want to consider a mortgage that gives you freedoms to take payment holidays.

As a lawyer you can also take advantage of your professional status and consider 'professional mortgages'.

Lenders offering these mortgages will take your professional status into account and offer preferential rates. Qualification criteria typically include factors such as age and qualifications.

WFS has access to a range of lenders who provide specialist mortgages for professionals and has arranged more than half a billion pounds of mortgages for professionals in the last two years alone.

For more information visit: www.wesleyan.co.uk/mortgages/personalmortgages This article does not constitute financial advice. Your mortgage is secured on your home, which may be repossessed if you do not keep up repayments on your mortgage.

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OPINION

SOCIAL MOBILITY

By Alice Kinder, Solicitor at Anthony Collins Solicitors

has been established to develop knowledge and understanding of the importance of improved social mobility within our profession. The sub-committee aims to organise events and disseminate guidance to ensure individuals from all backgrounds have access to the resources and advice to make an informed decision about a career in law and progress their aspirations.

The sub-committee meets once a month at Anthony Collins Solicitors and currently has ten members from a range of backgrounds and levels of seniority in academia and legal practice.

Birmingham has much to be proud of.

The combination of a young population, rich cultural diversity and unprecedented growth and transformation means it is a fantastic place to live and work. With these strengths come opportunities, but sadly, these opportunities are not as accessible as they could be. Recent figures from the Office for National Statistics show that the top earners in Birmingham take home more than six times as much as the lowest paid. It remains the case that 40% of Birmingham’s population live in areas which are amongst the most deprived in the country. Unfortunately, this means that the relationship between income inequality and low levels of social mobility becomes even more pronounced.

These trends are mirrored within the legal profession. Research from the SRA has shown that 22% of all lawyers attended fee paying schools, compared with 7% in the general population.

Corporate firms have the lowest proportion of state educated solicitors at 56%. This shows that parental background is still a strong determinant of an individual’s prospects of accessing and succeeding in a legal career. In a city filled with positive change, these trends are concerning. It is very important that we as Birmingham lawyers work together to break down the social and financial barriers to a career in the legal profession. Not only will this help talented individuals to access the opportunities required to move forward, but it will also ensure that the success and development of our legal community is not restricted by its socioeconomic profile.

Birmingham Law Society is committed to addressing these issues. Following the launch of the Equality and Diversity Committee in 2018, a dedicated Social Mobility Sub-Committee 18 www.birminghamlawsociety.co.uk

Since its creation, the sub-committee has worked proactively with stakeholders to address identified needs both in terms of accessing the profession and progressing in a legal environment. These stakeholders include education providers, legal professionals, regulatory bodies and related network groups. In November 2019, the sub-committee ran a successful speed networking event entitled “Raising Aspirations in Law” to assist students from lower socioeconomic backgrounds to understand the range of available opportunities in the legal profession and obtain the connections they need to access those opportunities. The event was hosted by Aston University and attended by representatives from over 20 organisations including corporate firms, high street firms, barristers’ chambers and the Solicitors Regulation Authority. This year, the subcommittee hopes to build on its achievements by rerunning the Raising Aspirations in Law event, encouraging stakeholders to share ideas for best practice and hosting a further networking event targeted at first-generation junior lawyers.

Birmingham Law Society’s efforts to improve social mobility are not limited to the Social Mobility Sub-Committee. Other related committees within the Society, such as the Education and Training Committee and the Student Committee, regularly consider social mobility issues as part of the projects they deliver, and the sub-committee collaborates with these groups to ensure a joined-up approach is being taken. For example, representatives from each of these groups are currently working together to produce a video for local universities in which a range of first-generation lawyers will share the challenges they faced in accessing and progressing in their career and offer advice to students in the same position.

Whilst the social mobility challenge is great, we have every reason to be optimistic about the future. With a range of ongoing initiatives and passionate volunteers, Birmingham Law Society is working to make our legal community a place where success relies on ability rather than background or birth. By diversifying the range of experience and talent in our legal profession, Birmingham can truly make the most of the opportunities that await.

If you would like to learn more about social mobility initiatives within Birmingham Law Society and are interested in becoming involved or collaborating with us, please email me at Alice.Kinder@anthonycollins.com.

THE EVER-PRESENT RISK OF FLOODING Sadly the topic of flooding is never far away from the headlines. In November 2019, significant flooding occurred across the Midlands and north of England, which was said to affect over 2,400 homes and businesses writes Tony Rollason, Regional Manager, Landmark Information (Legal) www. landmark.co.uk.

Fast forward to 2020 and Storm Ciara and Dennis have brought a great deal of devastation across the country, with the Midlands region impacted once again. Statistics from insurance firm Aviva have shown that there was a 285% surge in insurance claims to repair damage caused by the storms, with Birmingham listed as one of the worst-hit cities*1.

Flooding is said to cost the UK approximately £600m a year to manage flood defences alone, without considering the economic and emotional damage caused by flood waters.

Due to the increasing concern about flood risk for property owners, the Law Society has recently updated its Flood Risk practice note – the first revision in four years. The practice note provides guidance relating to information sources that better help clients understand the risk that flooding may pose, as well as offer steps that can be taken with regards to insurance and searches.

The practice note includes information relating to the types of flood risks that have the potential to affect property owners. For example, a property doesn’t have to be located next to a river for it to be located in a high risk zone. Flooding from

surface water or groundwater is increasingly common and something that should always be researched in advance of a house purchase.

If flooding is a concern, it is important to investigate whether appropriate insurance cover can be arranged before a property transaction completes, to satisfy the risk criteria of the client’s mortgage lender.

On top of this, the Law Society has also published an updated TA6 Property Information Form and guidance notes. In particular, four areas of property information have been updated relating to Flood Risk, as well Japanese Knotweed, Radon and Septic Tanks. The update provides additional information about a property to prospective buyers and is designed to provide greater transparency.

Yet, while there is a plethora of guidance and support out there, unfortunately, recent research conducted by YouGov for Landmark Information has shown that the majority of consumers in Great Britain are still not checking the flood risk of their homes, despite the increased incidents of flood events happening across the country.

The survey found that 62% of people stated that they have never checked the flood risk level of their home.

When looking at regions, the survey found that people in Scotland are the least likely to have carried out any checks with 77% confirming they had never researched their flood risk. This was followed by those in London (71%), 65% of those in the North West of England and 63% in Yorkshire and Humber. In the Midlands, 59% of people said they had never checked their flood risk.

The survey also found that just 6% of people in the Midlands have a flood plan and would know how to put it into action if a flood was to occur.

More than a third (36%) admitted that they do not have a flood plan and wouldn’t know what to do if they were to experience a flood, while almost half (46%) said they didn’t have a flood plan, yet felt they would know what to do in the event of a flood.

The survey clearly shows that the public is not necessarily making flood checks part of the research they personally conduct when moving into a new home; just over a quarter (26%) of respondents from the Midlands said they checked the flood risk of their home before moving in, with 12% saying they checked afterwards.

The results of the survey show a worrying disconnect. The majority of people across the country – 88% – believe their property is not located in an area considered ‘at risk’ of flooding, yet 62% have never checked whether this is the case or not.

According to the Environment Agency, over five million properties are considered to be at risk of flooding – of which 2.4 million properties are at risk from the sea or rivers, and a larger share of 2.8 million properties are at risk of surface water flooding, which isn’t always visibly apparent.

With future projections suggesting that we will witness drier summers and wetter winters in the future, we are urging people to be far more aware of any environmental risk that may affect where they live, particularly when buying a new property as part of the conveyancing process.

After all, reliable search reports – which include assessment by environmental consultants – are widely available and provide a wealth of intelligence, that ensures homeowners are aware of potential risks and can prepare accordingly. www.landmark.co.uk

1 https://www.expressandstar.com/news/uk-news/2020/02/12/insurer-sees-285-surge-in-calls-and-claims-following-storm-damage/

www.birminghamlawsociety.co.uk 19

OUT OF HOURS

GET CAKEY WITH COFFEE

CARAMEL LATTE SEEDED FLAPJACKS Serves: 16, Preparation time: 15 mins, Cooking time: 25 minutes What You Need 330ml Arctic Iced Coffee Caramel Latte 150g salted butter 55g soft dark brown sugar 1tbsp golden syrup 250g porridge oats 300g dried dates and apricots, chopped 100g mixed seeds

CLASSIC BANOFFEE PIE Serves: 12, Preparation time: 20 minutes plus 4 hours chilling, Cooking time: 10 minutes What You Need 200g digestive biscuits 70g butter, melted 150g soft brown sugar 150g salted butter 397g can condensed milk 2 bananas, just ripe 150ml Arctic Iced Coffee Latte 400ml Double cream 1 flake chocolate bar

What You Do

What to do:

Pre heat the oven to 180C/160C fan. Line a baking dish, approx. 25cm x 20cm with greaseproof paper.

Put the digestives in the food processor and whizz to crumbs. Pour in the melted butter and blend until combined Tip the crumbs into a 24cm loose bottomed tart tin or spring form tin and press down with the back of a spoon to make a firm, even base.

Refrigerate while you make the filling.

In a saucepan bring the Arctic Iced Coffee to the boil and reduce by half the volume. Turn down the heat and add the butter, sugar and syrup to the pan. Stir until the butter and sugar are melted and all is combined.

Tip into the prepared baking dish and cook for 25 minutes until firm and golden.

In a saucepan melt together the butter and sugar, stirring so that they combine as they melt. Make sure the sugar is completely dissolved. Add the condensed milk and bring to the boil, reduce the heat and cook whilst stirring for a few minutes until the colour darkens slightly then remove from the heat.

Leave to cool in the dish then refrigerate.

Cut into 16 bars. As an extra treat dip one side of the bar into melted chocolate.

Pour the caramel over the cooled biscuit base and return to the fridge. Leave to chill completely for at least 4 hours or overnight.

In a bowl, mix the oats, fruit and seeds then stir in the coffee mixture.

20 www.birminghamlawsociety.co.uk

When ready to serve, take the pie out of its tin and slide onto a serving plate.

Whip the cream to firm peaks then slowly add the Arctic Iced Coffee as you continue to whisk, bringing it back to peaks after each addition. Slice the bananas and layer them over the caramel. Spoon the coffee cream over the top and sprinkle with chocolate flake.

DITCH

THE DRINK! The times they are a-changin’ and moderation is no longer a dirty word.

Whether you’re the one in charge of the car keys or just fancy an abstemious night out, here’s the answer to what to drink when you’re not drinking. Katie Sayers, Foodmarket Manager at Harvey Nichols Birmingham, reveals the most palatable alcohol-free tipples.

ORGANIC BIODYNAMIC & NATURAL WINES

by Phil Innes @ Loki Wines.

Most people think they understand what Organic means, and if you are a wine drinker you may have heard the term Biodynamic. If you are a hipster you will almost certainly have heard of natural wines. I get confronted every day with people using these terms to describe wines, and I have realised that most consumers are not aware what these terms actually mean.

So, let’s start first with Biodynamic viticulture as it is probably one of the most misunderstood and often ridiculed method of organic viticulture. This is mainly due to some of the slightly crazy practices such as full moon celebrations and burying cow horns filled with manure – yes genuinely they do this. However, I have been really sold by the quality of wines that biodynamic producers usually produce. I think the fundamental principle is that if you can be bothered to bury cow horns or treat your vines with a natural tea (made from organic herbs that you have cultivated) at the crack of dawn then you probably really care about the vines, and fundamentally good grapes tend to make good wine. Just look at the two vineyards in the photo above, the one on the left is Biodynamic, and the one on the right is conventional. I know which vineyards' grapes I would like to use in my wine.

Following from that Organic viticulture is the more famous and sleeker brother of Biodynamics. As we are becoming more interested about what we put in our bodies, Organic wine has been cropping up everywhere. I have a slight problem with the certification process for organic wines as it generally favours larger producers – the fees paid to get certified cost a lot of money. Also, there are a number of non-organic products that can be used in the production of organic wine, for me although it is the most commonly recognised term it is my least favourite.

This leads me on to “natural” wine, or as some people refer it to as “minimal intervention” wine. I am really split on this style of wine, as part of me likes the romanticism of making wines as the romans made, however part of me thinks that a lot of modern techniques have certainly improved wines over the last century. The fundamental principles (although there is no legal definition) is that wines should be made as organically as possible, bottled unfined and unfiltered, and only add sulphites at bottling and in as minimal amounts as possible.

I agree that a lot of wines are now overengineered, and with the use of man-made yeast rather than natural yeast has stripped some wine of their individuality. The excessive filtering and fining of wine is certainly to the detriment of the wine. The most controversial element of the natural wine movement is certainly in the addition of SO2 which is the preservative in wine and is a naturally occurring part of the fermentation process – don’t believe anyone who says their wine is sulphite free, it’s not possible. Sulphites have been vilified for giving people headaches (it’s obviously not the alcohol) and some people are particularly sensitive to sulphites, however the amounts in most non-industrially produced wine are so minimal that you would have to be super-sensitive to have a reaction to it.

With wine we are in a privileged position that it is a generally high-end product unlike say selling potatoes, and therefore it is the responsibility of top vineyards to try to have as little impact on the environment as possible. I believe all these movements have a really important role to play in our understanding of how our consumption affects the environment. This is why I feel that if it is within your means to spend a few more pounds on something that is sustainable, rather than produced on an industrial scale I think is money well spent.

Harvey Nichols alcohol-free Sparkling Chardonnay, £10: Made from the juice of Chardonnay grapes, there are aromas of passion fruit and sweet mango which are complemented on the palate with ripe papaya and guava flavours. It finishes with a crisp, dry note of fresh lime.

Three Spirit Social Elixir alcohol-free botanical spirit, £27: This small-batch botanical alchemy of plant-based ingredients can be sipped on the rocks, topped with soda or tonic, or mixed into an alcohol-free Sour or Espresso Martini. The perfect drink for a healthy night.

Lucky Saint unfiltered alcohol-free lager, £2.50: Made from the highest quality Pilsner malt, fresh Hallertau hops and Bavarian water, this vegan-friendly beer is carefully distilled to remove the alcohol using a patented vacuum distillation process to ensure its full and distinctive flavour.

Monte Rosso alcohol-free Aperitivo, £2: This bittersweet, crisply refreshing alcoholfree drink is inspired by the classic Italian Aperitivos and crafted using spring water, wild mountain berries, summer fruits, fragrant botanicals and zesty citrus. Serve in a glass filled with ice and a slice of orange.

Borrago 47 Paloma Blend non-alcoholic spirit, £22.50: This sophisticated alcoholfree, gluten-free, allergen-free and veganfriendly botanical spirit is created using a secret blend of six herbs and spices, each individually steam distilled.

Seedlip Grove 42 alcoholfree spirit, £28.95: The third drink from the brand, Grove 42 is a zest and citrusy blend of oranges, lemon, ginger and lemongrass. It’s crafted in a similar manner to a gin, just without the alcohol – and no added sugar or sweeteners.

Drinks featured are available from the Wine Shop at Harvey Nichols, The Mailbox, and online at harveynichols.com www.birminghamlawsociety.co.uk 21

LAST WORD

ADVERTORIAL FEATURES

ACHIEVE YOUR 2020 VISION WITH DEDICATED LEGAL ACCOUNTS SOFTWARE

BY JULIAN BRYAN, MANAGING DIRECTOR, QUILL

With your practice management system on your smartphone, you can fully realise your remote working ambitions and boost earning potential by recording fee earner time on the go. You have all the same reassurances about cybersecurity as login credentials match those used for your desktop application.

Interactive already does this. Besides stopwatches on our smartphone app, our iOS and Android apps give anywhere, anytime access to view client and matter information, add new clients and matters, authorise e-chits and view recent documents.

It’s flexibility and collaboration at its best.

Imagine software that presents your key performance indicators populated with up-to-date data.

2020 is not only a new year; it’s the start of a new decade. Hence, it’s an apt time to be mapping out your professional objectives for the years ahead.

So, did you use the Christmas or half term break to crystalise your 2020 vision? Is IT an essential component in your strategic plan?

Your firm’s success may very well depend upon it because embracing the power of technology reaps myriad benefits. Ultimately, IT is the best future proofing your company can invest in.

If we’ve established 2020 as the year in which your digital evolution takes place, you needn’t search high and low for multiple solutions. Your quest begins and ends with Quill. Here we’ll show why you should choose our dedicated legal accounts software (and more!) to achieve your 2020 goals…

Imagine software that verifies your clients’ identity in real time as part of the inception process.

With the introduction of the 5th EU AntiMoney Laundering (AML) Directive, there are more onerous responsibilities relating to money laundering. To comply with this and other legislation, online identification checking is recommended as an alternative to old paper-based verification. The former – online checking – is reliable, secure and quick. The latter – manual checking – is open to fraudulent activity and time intensive.

Interactive, our practice management software solution, already does this. With AML and credit screens as part of the client inception workflow, you can quickly undertake appropriate due diligence to help ensure your clients’ identities are legitimate and they have the funds to pay for your services without having to re-type pertinent details into another system.

Imagine software that validates bank accounts and sort codes of payees for every transaction.

As anyone in the legal sector knows, making sure you get the right money to the right client, opposition, counsel or supplier is fraught with risk. The ‘F’ word – ‘fraud’, that is – continues to dominate news headlines.

22 www.birminghamlawsociety.co.uk

Bearing in mind too that the revised SRA Accounts Rules, which came into effect on 25th November 2019, still make protection of monies the major regulatory priority, keeping in and transferring finances to the right place is absolutely vital.

Interactive already does this. Tight integration from the e-chit created by your fee earner through to your online banking software means every account number and sort code are verified for accuracy in real time using a banking industry modulus check. This financial data is always encrypted within the database and made available to leading internet banking applications without the need to rekey the data; all part-and-parcel of our MoneyChain feature.

Imagine software that notifies you money’s been received into your client account through on-screen alerts.

Plus, having the ability to transmit payment files, either singly or in batches, to your internet banking system. Strengthened monetary security and streamlined financial management via these two features assists even further in meeting your SRA protectionof-monies obligations and improving your cashiering team’s efficiency respectively.

Interactive already does this. Optional functionality within MoneyChain affords even greater transparency, closer safeguarding and simplified transactions.

Imagine software that’s compatible with Making Tax Digital (MTD) for VAT. Introduced by HMRC in 2019, MTD for VAT is a scheme devised to eliminate paper processes by moving to digital VAT record keeping and returns. Compatibility means you’re able to log and exchange data electronically with HMRC. MTD is a new accounting requirement over-and-above existing regulatory demands.

Interactive already does this. Having been through HMRC’s recognition process, Interactive’s legal accounting features allow you to submit your VAT returns directly in accordance with MTD. Imagine software that permits time recording from your phone.

Monitoring actual against forecasted performance is a major challenge, be it on an individual, fee earner, department or practicewide level. Yet it’s a must for business growth.

Interactive already does this. A personalised dashboard displays summary listings, quick stats and charts with drill-down to in-depth detail. This intuitive, real-time tracking is bolstered by an extensive range of predefined reports and bespoke reporting options to really get to grips with progress and optimise development opportunities.

Imagine software that’s supported by an all-encompassing portfolio of outsourcing services.

Imagine outsourced cashiering that enables you to offload your entire bookkeeping function to a specialist team of cashiers thereby leaving you free to focus on business-critical priorities. Imagine third-party managed accounts assistance for SRAcompliant client monies management which gives you extended choice and reduced regulatory risk in relation to your financial affairs. Imagine outsourced payroll that handles your salaries, payslips, pension and paperwork according to the latest payrollrelated guidelines. Imagine outsourced typing that empowers dictation from a smartphone app and receipt of expertly typed-up documents by speedy return direct to your document management system.

Yup, you guessed it, Quill already does this.

In this milestone year, ditch the old and welcome in the new. If there’s one resolution you make, select Quill as your technology partner. Our software, with raft of bolt-on extras, is exactly what you need to accomplish digital (and back office) transformation in 2020 and beyond.

Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.

Pick ‘n’ mix Quill’s software & services legal accounts software | practice & document management software smartphone apps | form packs | court bundling | outsourced cashiering outsourced typing | outsourced payroll | plus much much more!

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0161 236 2910

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info@quill.co.uk

www.quill.co.uk/picknmix

Innovation is at the heart of everything we do.

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