BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
MAY/JUNE 2021
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THIS ISSUE
ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2021.
INSIDE THIS ISSUE 4.
President’s Address
6.
BLS Legal Awards 2021
12.
Members’ News
14.
Mental Health Week
16.
Pro Bono Week
18.
Regulation Report: Referral Fees & Fee Sharing
20.
Closure of the Solicitors Indemnity Fund
22.
Committe News
24.
Lockdown Lifted Your Savings?
26.
Digital Conveyancing in an Instant Gratification Culture
28.
Keeping it Class E
30.
In Conversation with Jay Bhayani of Bhayani HR & Employment Law
CONTACT US
BIRMINGHAM LAW SOCIETY
Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG
Thursday 6th May 2021 11:00am-12:00pm Cyber Security Webinar with WMP
Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety
Officers April 2020 - July 2021 President - Inez Brown - Harrison Clark Rickerbys Vice President - Stephanie Perraton Squire Patton Boggs (UK) LLP Deputy Vice President - Tony McDaid - No5 Chambers Hon. Secretaries - Stephanie Brownlees - Eden Legal Services LTD and Mariyam Harunah, Squire Patton Boggs The Board 2020/2021 Chair: Dee Kundi Director: Karen Bailey Director: Laura Daly Finance Director: Ben Henry Director: Rav Hothi Director: Tony McDaid Ex Officio: Inez Brown Ex Officio: Linden Thomas Contact c/o Birmingham Law Society
MEMBER’S EVENTS & WEBINARS
Monday 10th May 2021 12:30pm-1:30pm Rebecca Mander and Stephanie Perraton In conversation - as part of Mental Health Awareness Week Tuesday 11th May 2021 1:00pm-2:00pm Advocacy with David Berkley QC – 3PB Wednesday 12th May 2021 12:30pm-1:15pm Mindfulness Session run by Zach Fairbanks (Wellbeing at Work) as part of Mental Health Awareness Week Wednesday 12th May 2021 7:00pm-8:30pm An Evening with the President of Birmingham Law Society and The Right Honourable Stuart Lawrence (brother of Stephen Lawrence Deceased) Thursday 13th May 2021 1:00pm-3:00pm Board Meeting Friday 14th May 2021 4:15pm-5:00pm Yoga with Simone Gannon as part of Mental Health Awareness Week 14th May 2021 1:00 pm - 2:00 pm Lunch Club with Dr Karl George MBE - CEO of the Governance Forum Limited Thursday 17th June 2021 12:00pm - 1:00pm A lawyer’s guide to working with translators with John Venn and Sons Scrivener Notaries
To find out more and to reserve your space visit www.birminghamlawsociety.co.uk
www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER
During my inauguration speech in July 2020 I announced that in my Presidential year I planned to embark on 3 initiatives: • Diversity and Inclusion • The better use of technology in law • Flexible working The first two initiatives have been up and running since September 2020. I am therefore going to take some time to focus on flexible working. For many years I have been concerned that the legal profession has lost many skilled professionals who have struggled to meet the challenges of child-care, elderly parent responsibilities and general care duties. This has resulted in little to no work life balance resulting in these individuals having to make the difficult decision to leave the profession. I therefore decided to include flexible working as one of my initiatives. The Bar have been leading the way in flexible working for some time now together with the rest of industry. PreCOVID19 some of the larger law firms were already introducing an element of flexible working for fee earners only, but many law firms were woefully lagging. I therefore decided to start a conversation with Managing and Senior Partners by advocating that flexible working should be an option, where practical and to explore whether we could find a solution together on how to introduce flexible working to all law firms! Recently, I was pleased to see an article on LinkedIn by Anna Whitehouse – Founder of Mother Pukka, where she reported that four of the UK’s top employment and equalities barristers from Old Square Chambers: Ijeoma Omambala QC; Rebecca Tuck QC; Eleena Misra; Nadia Motraghi and herself have finally got a date to present their Flex Appeal Report (‘Flexible Working beyond a crisis’ funded by Sir Robert McAlpine) to the Law Commission. On 19th April they will be delivering evidence together with their legal proposals to Professor Sarah Green calling for: 1. Flexible working to be made a right for everyone from day one in the Law Commission’s next programme of law reform calling on the Government to drive flexible working through 2022’s Employment Bill 2. To make it so ingrained in how we work that it’s no longer something you feel ‘lucky’ to have. 3. That it is no longer something you must earn after 26 weeks in a role. 4. That it’s the way we work as we 4 www.birminghamlawsociety.co.uk
rebuild our economy in the embers of Coronavirus.
• drive forward inclusion
5. That it’s not just for parents.
• improving the work life balance of the construction workforce
Anna has promised that they are all committed to lobbying, fighting, shouting, and campaigning until the law is changed.
• address the issue of mental health in construction, which records an alarming rate of male suicides each year.
What is The Forever Flex Report? The report is based on a survey of 1,420 employers and in-depth interviews with leaders and decision makers at 32 companies, spanning a wide range of sectors and sizes.
We will all recall that at the start of the pandemic and subsequent lockdown in March 2020, the entire world was forced to implement remote working conditions for all staff. Suddenly the objections to flexible working fell by the wayside. However, is flexible working sustainable for the long term? Paul Hammer CEO of The Forever Flex Report indicated that:
The research was conducted during lockdown and aims to provide employers with more than just statistics on flexible working. The study deals with real life success stories and evidence-based advice that resonates on a human level. In addition, the report provides the first examples of how flexible working can be managed successfully across all sectors of industry, resulting in a happier and more efficient workforce. In 2019, Sir Robert McAlpine backed Mother Pukka’s Flex Appeal campaign to fund research to provide flexible working solutions for employers and increase flexible working opportunities for employees. This was motivated by his commitment to:
• it provides examples of successful flexible working, applicable for the long term, after the pandemic. • it shows that whilst 72% wished to retain home working after the pandemic, just 66% of employers in the construction sector intended to do so. • crucially, the report stresses that, whilst the pandemic helped challenge common employer misconceptions around flexible working, there remains a need for greater clarity to facilitate a
BIRMINGHAM SCHOOL CHILDREN - EQUAL TO EVERYTHING Julia Jones, Senior Associate at Bevan Brittan and Chair of Birmingham Law Society’s Equality, Diversity and Inclusion Gender Sub-Committee writes about the BLS project that hopes to put a copy of “Judge Brenda and the Supreme Court” in every school in Birmingham. In 2020 Birmingham Law Society launched a project aiming to put a copy of the book “Equal to Everything” by Henny Beaumont and Afrua Hirsch into all Birmingham primary schools. The book, published by the Legal Action Group (LAG), tells the story of Ama who goes on a school trip from Richmond to visit the Supreme Court in London. On this trip they meet Lady Hale who tells them about the work of the Court in a way that is accessible to younger children. The book is an excellent introduction to the legal profession and the themes of equality and justice. It is also an inspiring story of Lady Hale’s journey to the Supreme Court and provides encouragement for girls to follow “if more girls become judges, the law will improve along the way”. With this strong message for the next generation, members of BLS have donated generously and the Midlands Circuit Women’s Forum and the Midlands Circuit have also supported the project with large donations. The funds raised so far have allowed the purchase of 150 books. There are 260 primary schools in Birmingham and so to ensure we reach our target we are still looking to raise further funds.
shift from the ‘accidental flex’ – unplanned changes to working patterns necessitated by the pandemic - towards a ‘true flex’, where flexible working is consistently and effectively utilised. I understand that conversations are currently taking place with heads of law firms in the West Midlands in relation to true flexible working for all staff. In addition, several surveys have been conducted and continue to be conducted, resulting in staff requesting the option to continue a flexible working approach once we come out of lockdown and return to the office. I am pleased to report that many law firms have indicated that they will continue to offer flexible working to staff once restrictions are lifted. To those who are undecided, as lock down eases and before you return to inflexible working, consider 3 questions: • Was time recording up or down? • Was the client experience improved or impaired? • Was staff morale improved or impaired?
The Committee want the presentation of the book to also be an opportunity to connect with schools and their pupils about the legal profession to encourage diversity and inspire those who might not have considered it as an option before. There are plans for some books to be presented in person by members of BLS to try to increase the impact of the gift. The school closures have meant that now obviously isn’t the right time to go into schools, as once again the education system and parents/carers adjusted to home schooling. The Committee are working on remote learning material for schools to coincide with the presentation of the books. Meanwhile, the BBC have created a programme on Cbeebies called “what’s on your head?” which features barrister Alexandra Wilson explaining to children why she loves her wig so much and what it means to be able to wear it. She has said of appearing on the programme “This might be the first time many children have seen a barrister/lawyer. This is how we change perceptions.” It is also fitting that the project is taking place as Inez, the first Black president of Birmingham Law Society, is striving for greater diversity in the profession, including the scholarship for students from disadvantaged backgrounds. If you would like to donate to the project please contact julia.jones@bevanbrittan.com With special thanks to Mills and Reeve Charitable Foundation and Bevan Brittan for their generous support of the project.
www.birminghamlawsociety.co.uk 5
SOCIETY NEWS
LEADING REGIONAL TALENT CELEBRATED AT VIRTU Birmingham’s legal community celebrated the achievements and commitment of its peers last night, after the winners of the prestigious Legal Awards were announced at the virtual ceremony. Twelve awards were celebrated in total, including this year’s Lifetime Achievement Award which was awarded to Steven Jonas. Celebrating his 40th anniversary of being a solicitor on the night, Steven’s contributions to the practice of criminal law were honoured by Birmingham Law Society. Other winners on the night include Eversheds Sutherland (International) LLP, Sydney Mitchell LLP and Averta Employment Lawyers, as Law Firm of the Year in the respective National, Regional and, Sole Practitioners and Firms up to 5 Partners categories. Inez Brown, President of the Birmingham Law Society, said: “Recognising the achievements and contributions of Birmingham’s legal professionals was particularly poignant given the challenges over the last 12 months. We were extremely pleased to have such a great turnout despite the changed nature of the award format this year.” This year, the Legal Awards were held virtually, with hundreds of members of the region’s law community attending from the comfort of their homes. Other winners included: Kishma Bolaji of Shoosmiths LLP (Solicitor of the Year), Esther Gamble of No5 Barristers’ Chambers (Barrister of the Year) and VWV Partner Clive Read (Partner of the Year). Find out more at www.birminghamlawsociety.co.uk.
UAL LEGAL AWARDS
THE 2021 LEGAL AWARDS WINNERS
TRAINEE SOLICITOR OF THE YEAR Demi Hughes – Squire Patton Boggs (UK) LLP
PARTNER OF THE YEAR - Clive Read – VWV
EXCELLENCE IN CLIENT SERVICE - PRIVATE CLIENTS Private Legal Services Team – Anthony Collins Solicitors LLP
LAW FIRM OF THE YEAR (NATIONAL) Eversheds Sutherland (International) LLP
BIRMINGHAM LAW SOCIETY PRO BONO AWARD Birmingham Legal Advice Clinic – Squire Patton Boggs (UK) LLP, Eversheds Sutherland (International) LLP, Bevan Brittan LLP, Gowling WLG (UK) LLP
PARALEGAL OF THE YEAR Emily Morris
LIFETIME ACHIEVEMENT AWARD Steven Jonas – Jonas Roy Bloom
EXCELLENCE IN CLIENT SERVICE BUSINESS CLIENTS DWF International Arbitration and Litigation – DWF Law LLP
SOLICITOR OF THE YEAR Kishma Bolaji – Shoosmiths LLP
LAW FIRM OF THE YEAR (SOLE PRACTITIONERS LAW FIRM OF THE YEAR (REGIONAL) AND FIRMS UP TO 5 PARTNERS) SydneyMitchell LLP Averta Employment Lawyers
APPRENTICE OF THE YEAR Beth Walters – Eversheds Sutherland (International) LLP
BARRISTER OF THE YEAR Esther Gamble –No5 Baristers’ Chambers
www.birminghamlawsociety.co.uk 7
SOCIETY NEWS
LEGALS AWARDS: OUR FAVOURITE TWEETS
8 www.birminghamlawsociety.co.uk
Get involved @bhamlawsociety
SPECIAL FEATURE
A HOLISTIC APPROACH TO CHANGING PRIVATE CLIENT LIVES FOR THE BETTER questions: What do they want to achieve? What legacy would they like to leave? What support do they need? Their answers guide the services provided and ensure that we serve our clients in the most effective and compassionate way possible. This holistic approach is critical to our success and enables us to take on complex cases across personal injury, clinical negligence, estate planning, Court of Protection, relationships or childcare matters - ensuring the financial security, safety or rehabilitation of those we represent. However, the Private Legal Services Team could not deliver this work without the support and determination of colleagues across the firm, each of whom strives daily to make a difference. The award for 'Excellence in Client Service - Private Clients' is testament to this collective effort, especially considering the disruption of the past year, with the Covid-19 pandemic impacting the way we communicate, attend court or even collect documents.
Many privileges come with being a private client lawyer. We form strong bonds with our clients and pursue interesting work every day.
reaching, with the team playing a key role in supporting the most vulnerable people across the UK improving lives, communities and society.
Most importantly, we have an opportunity to make a positive difference in the lives of individuals in so many varied, impactful ways. Whether that is helping someone plan for the future by preparing a Will or Power of Attorney, or supporting an individual who has been injured in an accident or due to negligence to get the support and care they deserve.
This dedication was recognised at Birmingham Law Society’s 2020/2021 Legal Awards, with ACS’ Private Legal Services Team scooping ‘Excellence in Client Service – Private Clients’. No mean feat considering the other legal teams shortlisted for the same category.
Despite these challenges, the support of employees across the firm has meant that we have been able to maintain the high-quality service provided to our private clients at a time where their needs are rapidly changing in line with the pandemic.
It was an honour for the team to be recognised in this way, with the judges highlighting the holistic approach taken by ACS’ Private Legal Services Team when resolving cases. An approach that prioritises the best interests of the individual over the outcome of a case.
I'm humbled to be part of this team and grateful that our efforts have been recognised by the Birmingham Law Society. Thank you to the Private Legal Services Team, to the wider firm who help us daily to deliver our work and above all to our fantastic clients who provide the opportunities to serve and fulfil our commitment to improving lives, communities and society.
And, while every case is different, we remain united by the common aim of improving peoples’ lives the positive impact of which often reverberates to family, friends and others. Anthony Collins Solicitors’ (ACS) Private Legal Services Team works passionately for its clients. In the firm’s latest Social Impact Report, we were able to share that the team had recovered £28 million compensation for clients who have suffered clinical negligence. This is alongside helping 384 vulnerable children to find better living arrangements. The impact of this work is far10 www.birminghamlawsociety.co.uk
We always work with our clients to help identify their needs and goals first. Thinking more broadly in this way often results in an individual discovering that the legal support they require is different to what they first thought - or even that they might not require it at all. For many of our private clients, this holistic approach allows them to reflect and consider important
For more information please contact Donna Holmes, partner and head of the Private Client Team
donna.holmes@anthonycollins.com Tel. 0121 214 3671 www.anthonycollins.com
PROUD WINNERS OF
EXCELLENCE IN CLIENT SERVICE PRIVATE CLIENTS AWARD
at the Birmingham Law Society Legal Awards 2020/21 Anthony Collins Solicitors LLP | 0121 200 3242 www.anthonycollins.com | blog.anthonycollins.com @ACSLLP | @ACSPrivateCL | @acspiclinneg
www.birminghamlawsociety.co.uk 11
NEWS
NEW RULES FOR CONVERTING COMMERCIAL HIGH STREET PREMISES INTO HOMES WELCOMED return to the high street and that empty premises are brought back to life.” Mr Pettigrew praised Mr Jenrick’s stated aim to create “the most small business-friendly planning system in the world to provide the flexibility needed for high streets to bounce back from the pandemic”. However, he pointed out that while the plans for new housing and a high street recovery were required, the government’s proposals did not come without risks.
New rules making it easier for commercial premises to be converted into homes to help revitalise England’s high streets and town centres have been welcomed by Thursfields Solicitors. The package of government measures, announced by housing secretary Robert Jenrick, is aimed at providing more homes and transforming unused buildings to give high streets a new lease of life. Robert Pettigrew, a director in the Commercial Property department at Thursfields, explained the conversion of commercial properties to new homes will be delivered through a simpler ‘prior approval’ process instead of a full planning application. Mr Pettigrew said: “Closed and boarded up shops, abandoned buildings and empty offices are sadly becoming a feature of many high
streets, and steps need to be taken at local, regional and national levels to prevent the decline becoming irreversible. “At the national level, it’s encouraging to see that the government is introducing measures to ease rules that can sometimes restrict or even prevent a property being best used to meet local needs and demands. These new rules are aimed at making it easier for landowners, developers and tenants to initiate the changes so that disused premises can once again serve a useful purpose. The plan is that buildings that people want to use and visit will help facilitate the return to the high street that is required if they are to survive and thrive again. “A key part of the plan is to simplify the planning process to enable unused commercial buildings to be changed into homes, ensuring that people
Mr Pettigrew said: “It will be crucial that what is delivered is what is needed and required. This will mean sustainable and carefully planned development, otherwise we risk moving from empty offices to low quality, characterless housing. Another risk is that developers look to profit by producing the type of properties that are beyond the reach of the majority and risk remaining empty, as has already happened with many central London developments. “Consideration also needs to be given to preserving the character of our towns and city centres and to ensure that development is complementary to what will remain, with issues such as space and noise taken into account.” Mr Pettigrew added: “Given the need to breathe life back into the high street, where the new flexibility is married to local needs there is no reason why the plans should not succeed, particularly as we cannot afford to sit back and wait for the retail market to recover without assistance.”
WHEN YOUR COLLEAGUE IS A COLLIE DOGMEMBERS SHARE WORKING FROM HOME PET PICS
Living at work or working from home? Whichever way you look at it, for many of us commuting from sitting room to study is the new normal for the foreseeable future and we wanted to hear how your pets had been getting involved in your daily working lives. 12 www.birminghamlawsociety.co.uk
From the pictures we’ve been sent it seems that canines make the best colleagues, rabbits are best keyboard warriors and pussycats are best at procrastination! Thanks for sending in your pics! Here are some of our favourites.
GENDER PAY GAP CONSECUTIVE YEAR
REDUCED
FOR
FOURTH
Irwin Mitchell has published its latest Gender Pay Gap Report which shows that for the fourth consecutive year the firm has narrowed its pay gap. Introduced by the government in 2017, all companies with more than 250 employees are required to report annually on their gender pay gap. Published this week, Irwin Mitchell’s mean gender pay gap (the difference in average hourly pay for women compared to men) was 9.1% in 2020, down 1.2% from the 10.3% in the 2019 report. This figure is lower than last year’s average gap across law firms of comparable size (who reported their pay gap), which stood at 18.8%. Not all top 50 law firms reported their pay gap in 2020, with companies not being obliged to publish their data due to Covid-19. The continued strong performance of the firm in terms of gender diversity is also reflected in women making up 74% of colleagues, 47% of partners and 40% of the executive board. The 2020 report shows 73% of partner promotions, 79% of promotions into senior associate roles and 69% of promotions into associate roles were women, while 80% of newly qualified solicitors and 74% of new starters overall were female. Taken together, the report means Irwin Mitchell can boast the highest percentage of female solicitors of any UK law firm and remains in the top 10 for its percentage of female partners. For the second year running, the firm exceeded reporting
requirements by publishing its mean ethnicity pay gap. This widened by 5.9%, from -2.3% in 2019 to -8.2% in 2020, in favour of ethnic minority colleagues, based on 74% of colleagues who recorded their ethnicity, which showed 13% came from ethnic minorities. Recent years have seen Irwin Mitchell expand on its efforts to encourage a truly diverse, healthy and agile workforce. This has included blind CV screening, unconscious bias training, plus mental health and wellbeing courses that have become vital in response to the pandemic.
SPOKEN WORD WINNER REVEALED The Birmingham Law Society, Race Ethnicity and Cultural Heritage (REACH) subcommittee is pleased to announce the winner of the 2020 Spoken Word Competition as Afrin Nanavatti from Aston University and the joint runner ups as Timary Fyffe and Sonia Walia from the University of Law, Birmingham.
The competition was open to all Birmingham Law Society students and asked students to consider the question “What does equality mean to you?” The winner Afrin will undertake one-week work experience at Gowling WLG. Afrin stated ‘I am glad to see the discussion of equality pick up in recent years, it is an important dilemma that needs to be addressed in the corporate world. Only action can lead to a truly equal society.’ The quality of the entries were insightful and thought provoking as Sarah Ramsey, Dean of the University of Law, Birmingham stated: “The University is delighted to sponsor this competition for the second year running. The quality of the entries was extremely high and the winner and runners- up produced incredible, thoughtprovoking and creative pieces of work. It is encouraging to see students with this level of passion for such an important issue”
EXPERT WITNESSES FOR: l l l l l l l l
Mechanical and Process Engineering Manufacturing Industries Oil and Gas Industries Petrochemicals and Chemicals Pharmaceuticals Fertilizers and Pesticides Metallurgical Industries Safety and Environmental
2012-2018
The REACH subcommittee would like to thank the University of Law and Gowling WLG for their support in running the competition. An insight into the inspiring entries can be viewed on YouTube search Spoken Word Competition - #ChooseToChallenge www.birminghamlawsociety.co.uk 13
NEWS
MENTAL HEALTH WEEK 2021: 10 – 16 MAY I was lucky enough to be part of the pilot “Bounce Forward” programme run by the extremely understanding and approachable Rebecca Mander - https://www.guruyoucoach.com/ who I had met at a BLS event, just before lockdown. It was a fantastic thought provoking course giving participants the tools and techniques to build confidence and resilience. I would recommend the course to everyone and I am delighted that Rebecca has agreed to run the first event with me during Mental Health Week. On Monday 10 May – from 12.30-1.30 - Rebecca and I will be looking at issues faced by members over the last 12 months and offering tips and tools for building resilience.
At Birmingham Law Society we take our members health and wellbeing extremely seriously. Over the past few years we have run various events in support of mental health week and this year is no exception. At a time when mental health and wellbeing is, or should be, on everyone’s agenda we are again organising events that hopefully will have something to appeal to each and every one of our members writes Stephanie Perraton – Vice President. In the last year many have found it difficult to switch off and properly relax. Some have struggled with fear and anxiety over the growing Covid-19 pandemic, some have lost loved ones due to the pandemic and others have suffered ill health. In March 2020 most of us had to adapt to home working overnight, some working for long periods from their bedrooms, kitchen table, alone or in shared flats/houses with all of the difficulties that brings to things like client confidentiality. Many women and men suddenly had to work and deal with childcare as schools and nurseries shut due to the national lockdown. A normal day stretched from 8am until late into the night to get everything done and whilst most firms were understanding, clients 14 www.birminghamlawsociety.co.uk
still demanded answers. Those who dealt with criminal law had to attend police stations and courts in the early days with little or no protection so that justice could carry on. And at the end of the day, there was no release, we couldn’t even share a coffee or glass of wine with friends and family! And no one expected it to last so long. My story is no different. Working in the hospitality and regulatory arena for almost 30 years my diary emptied overnight, by mid-April I had very little to do, which was a first. Panic set in. I had to establish a new routine to keep myself sane. Within the first two weeks of lockdown I started to do interactive online Pilates classes every day, and some yoga classes. I also walked the dogs whenever I could. I thank my dogs, my Pilates and my Yoga for keeping me sane during lockdown. It allowed me to establish a routine and a sense of normality in the midst of the madness. I also decided to use my time wisely, training with the support of Squire Patton Boggs as a Mental Health First Aider. Mental Health is an area I have always been interested in and the course has given me valuable insight and knowledge to hopefully help people as we emerge back into the new “normal”. I joined numerous roundtable events focusing on wellbeing, including those run by BLS.
Our second event is on Wednesday 12 May – from 12.30-1.15 and will focus on Mindfulness. The event is being run by Zach Fairbanks https://wellbeinginyouroffice.com/ our-team/zach/. You may recall BLS ran a number of mindfulness sessions a few years ago, I attended all of these sessions and it was something I found extremely relaxing and fulfilling. I recently attended a session with Zach run by Birmingham Chamber of Commerce and it reminded me of all the things I had forgotten. I am delighted he has agreed to run a taster session for BLS. And finally the week would not be complete without a Yoga session. Many of you will remember we ran a virtual Yoga session at the start of lockdown last year, which was a huge success. Our session this year is on Friday 14 May – Yoga with Simone Gannon - Simone has agreed to run a short Yoga Restore class from 4.30 – 5.15 guiding members though a sequence of Asanas (exercises) and breathing patterns which will relax the body, still the mind and release tension, in turn, regulating the stress response and balancing the central nervous system. All of these events are free of charge and all we ask, is that members make a donation to the Presidents’ Charity www. childbraininjurytrust.org.uk/ And finally if there are any other events that members would like us to run promoting mental health and wellbeing please get in touch or better still share idea on the BLS forum - www. birminghamlawsociety.co.uk/ community/
WHAT WORK / LIFE BALANCE MESSAGE ARE YOU SENDING YOUR TEAM? I am sure many of you have heard or seen the statements on the right… But have you wondered why it doesn’t make a scrap of difference to the well-being in a team? We are what we see. We are influenced by our leaders and in order to please or fit in, we mirror the behaviour of those we aspire to be like. After all, if they got where they are…surely we have to follow suit? writes Rebecca Mander of GuruYou. Not necessarily so, PwC chairman Kevin Ellis this month has encouraged working where and wherever you like and said he hoped this would make flexible working “the norm rather than the exception”. A junior associate told me the other day that they ensure they are starting as they mean to go on and are saying no when their work life balance is in jeopardy. Generation Z are not the same as the “jacket on the chair before you leave the office” Generation X. Law firms are needing to consider their culture in order to attract and retain excellent practitioners and administrators. Good employees recognise they have a choice and are jumping ship where the captain is setting the example they wish to follow. Telling your employees to get a work life balance and then emailing them at midnight is an oxymoron. We have seen our beloved NHS hailed by the government as heroes only to be told about their 1% pay increase; telling your team you know how hard working from home has been and then bemoaning their reduction in billable hours is no different. CEO of Goldman Sachs, David Soloman told his employees...”Just remember: if we all go an extra mile for our client, even when we feel that we’re reaching our limit, it can really make a difference in our performance,” I agree, but not for the reasons he considers for his employees on a 95 hour week. £40bn and rising is lost in the UK per annum due to lack of performance in the workplace caused by employees exceeding their ‘limit’ resulting in absenteeism, presenteeism and mental health issues. In 2020 the MOSAIC MOOD INDEX reported that 94% of lawyers felt that work affected personal and home life and yet, in the same survey 78% in the same sector cited a lack of time as a barrier to making changes for the better. What will it take for us to make a change? Are you taking responsibility for your own wellbeing and being the victor by finding time or are you blaming your organisation and therefore placing yourself in the position of victim? While discussing resilience on my Bounce Forward programme, one associate told me-“There’s no point in taking time off, I have nowhere to go.” Are holidays purely designed to jet off somewhere or are they for rest and relaxation? Reading, walking, eating long lazy lunches and sitting in friend’s gardens until your toes turn blue! Ok so it’s not the Costas but it’s time and space for you to shut down and reboot to come back refreshed and ready to perform at your optimum once again. I encourage my clients in the financial and legal sector to consider not just the traditions of what has been a long-held culture and belief system about this profession but also to help shape the future of their industry by being open and honest with their leaders and clients so that they get what they need personally as well as providing a top level of service professionally.
“Please note that whilst it may suit my hours to email you at this time, I do not expect a response.” “We do not expect our teams to be working longer hours through COVID and expect them to take regular Zoom breaks” “Make sure you book holiday time off and spend time with loved ones” Clients can be as ruthless as the worst kind of boss, with expectations way above what they would expect to deliver themselves. Contracting in advance the expectations of both parties regarding response times and availability can be useful and help your employee feel valued and respected. After all the client too, one hopes, would like to think their selected legal representation had a conscientious approach to their employees. For some other top tips on how to support an authentically conscientious organisation that will cost you nothing but will improve performance see below! • Schedule untimely emails to land in the recipients inbox at 8.30am • Block Book your diary for administrative work and emails. • Schedule meetings for 20,40 or 50 minutes to prevent back to back Zoom Gloom, giving attendees comfort breaks. • Try not to publicly praise excessive hours which leads others to feel they need to compete to get approval. • If you are in a position to do so, commission a survey to consider the needs of the team more openly and in detail, I use Typeform and it costs nothing. REMEMBER if you are in a position of influence, encourage others to do the same and as a leader, don’t forget to set the example first -your team need to see it to be it! Rebecca is the creator of the Bounce Forward Programme and Executive Coach in the legal profession, for more details on how she can support the wellbeing and performance of your team, please email her at rebecca@guruyoucoach.com
www.birminghamlawsociety.co.uk 15
OPINION PRO BONO – A LOOK FORWARD
The Pandemic has propelled the Legal Sector into a new age of technology, with Firms using Microsoft Teams, Zoom and blogs in order to interact with each other as well as to reach clients and contacts. What does this mean for pro bono asks Rachel Sutcliffe of the Birmingham Law Society Pro Bono Committee.
The Birmingham Law Society Pro Bono Committee (‘the Committee’) held a number of emergency meetings at the outset of the Pandemic in order to discuss how pro bono initiatives in Birmingham could be assisted to continue the vital work they do. Last year saw many services being provided virtually; some services were unfortunately suspended. The Committee heard about the challenges presented to both those providing the advice as well as those trying to access it. For example, not everyone has access to a computer to enable them to attend a virtual appointment, or a mobile phone to enable them to participate in a telephone call. The theme of last year’s Pro Bono Week was ‘Pro Bono: Through the Pandemic and Beyond’. The Committee organised a number of virtual events looking at topics such as: the use of technology in pro bono, the successes and failures of remote provision of legal advice and increasing ways in which trainees can assist with pro bono initiatives.
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In 2021, the Committee are looking to build upon the working points that arose from these events. For example, starting in March, the Committee will be looking at diversity and how to ensure that the provision of pro bono advice is accessible to all; with a particular focus on minority groups and any barriers that need to be addressed to ensure that pro bono advice is provided in a format suitable to them. The Committee will also be building upon the ideas that came out of the Trainee Hackathon. At the Hackathon, attendees heard from groups of trainees, presenting their ideas on how trainees can get involved with pro bono and tackle hurdles they may face when volunteering. At the outset of the year, Stephanie Perraton, Vice President of the Birmingham Law Society wrote to the presenting groups, commending them on their efforts and providing guidance on how to take their ideas forward. The Committee will also be working with one or more of the groups to take their ideas forward collaboratively. It is hoped that this will increase the number of trainees able to get involved in the provision of pro bono advice. Later in the year, the Committee’s focus will turn to Pro Bono Week, which takes place in the first week of November. With the unpredictability that the Pandemic brings, we are unsure what format the events will take, but watch this space for further announcements! In addition to this, the Birmingham Pro Bono Network, which is run in conjunction with the Committee,
will be releasing content on its social media channels (Twitter: @BrumProBono, LinkedIn: ‘Birmingham Pro Bono Network’). The first part of this year has focussed on the benefits of volunteering and encouraging legal professionals to engage with pro bono. This was after hearing from a number of initiatives in Birmingham who stated that they were in need of volunteers. The Network has also been working in conjunction with Aston University student volunteers who have assisted in producing posters aimed at students, encouraging greater involvement in pro bono projects. In conjunction with the Network’s volunteering initiative, the Committee were invited to ‘take over’ the Birmingham Law Society Forum for a month to pose topics of conversation. The questions posed focussed on volunteering. It is not too late to join the conversation, you can view the Birmingham Law Society Forum by visiting: www. birminghamlawsociety.co.uk/ community/. We encourage you to visit the Forum and engage with your local legal community. The Committee is made up of lawyers from firms in Birmingham as well as representatives from local universities and pro bono initiatives. We are working to ensure that as many voices as possible are heard. If you are interested in the work we do and would like to know more, please contact us on: probono@ birminghamlawsociety.co.uk. If you are looking to start an initiative or want to get involved in pro bono volunteering, but don’t know how, get in touch.
PRO BONO WEEK REVIEW
obtaining pro bono services proved difficult. • The Vanguard of pro bono – This is where students shared their experience of pro bono work and how this has benefited them. The session highlighted the importance of students engaging with pro bono work. For example, the client work involved aids the development of skills which are necessary in the legal profession. For some, following their pro bono experience helped persuade them to pursue a career as a solicitor. Others emphasised the importance of client care or that it taught them how to be better members of society, expressing in particular how a little help from them may make a world of difference in the lives of others. It was also highlighted how pro bono encourages broader thought and understanding about the legal sphere, it was explained that in some firms, pro bono is embedded into the firm culture.
Almost 6 months has elapsed since the 19th Pro Bono Week. The purpose of Pro Bono Week is to recognise, celebrate and support the voluntary contribution made by lawyers and students alike, providing access to justice to those who need it most. Events are run across the country by various bodies. In Birmingham, the Birmingham Law Society Pro Bono Committee (‘the Committee’) usually organises an annual event at which organisations providing pro bono support exhibit their services and attendees hear from key speakers on various pro-
bono related topics writes Amir Al-Monsur, Aston Law Clinic student, Aston University. The pandemic meant that this year’s Pro Bono Week was different, with no face-to-face events and remote sessions from start to finish. ‘Pro bono: Through the pandemic and beyond’, was the overarching theme of Pro Bono Week 2020. Events included: • ‘A year of Pro Bono in Brum’- This session included discussion of how different legal clinics have continued to provide pro
bono services during the pandemic. Discussions surrounded the shift to running a virtual/remote operation and the advantages and disadvantages of the shift. For example, the shift allowed for more flexible work practices, namely it enabled some staff to work from home. It allowed those clinics who were exploring methods of implementing technology prior to the pandemic which allowed for a segue into remote service. Whilst the shift to remote working provided some benefits, it also presented challenges, namely for the those who have limited access to technology
• Pro bono pathways – The Birmingham Law Society Hackathon explored the different ways trainees can help in pro bono. For instance, the creation of a ‘Pro Bono Platform’ which will assign trainees with pro bono opportunities. During the session there was discussion surrounding the elements of pro bono work trainees can participate in with less need for supervision of a qualified legal professional. The pandemic might have changed our normal, but one thing which has not wavered is the message that Pro Bono Week brings. In a year which presented unprecedented challenges, pro bono advice has been more important than ever; lawyers up and down the country have pulled together to serve their communities, when they needed it most, making this Pro Bono Week the most important to date.
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REGULATION REPORT
REFERRAL FEES AND FEE SHARING – WHER
WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, AND BRONWEN STILL, SOLICITOR CONSULTANT WITH JAYNE WILLETTS & C
This subject has long been controversial. When formal arrangements for the introduction of business were first permitted by the Solicitors’ Introduction and Referral Code 1990, debate raged about whether it was ethical for solicitors to pay for referrals or have some form of fee sharing arrangement with introducers of business. When payments for referrals were finally permitted, the whole debate was reignited when in 2011 the government decided to crack down on the so called “compensation culture” which resulted in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). LASPO banned the payment of referral fees in respect of claims for personal injury and death and put responsibility for policing the 18 www.birminghamlawsociety.co.uk
ban onto the relevant regulators, including the SRA. This article will, therefore, look first at how referrals generally are now regulated and, secondly, at how the LASPO ban applies. How referrals and fee sharing are currently regulated The starting point is the 2019 SRA Principles. As solicitors are becoming increasingly aware through the SRA’s guidance notes and warning notices and the SDT judgments, the SRA views all behaviour through the prism of the Principles. Of particular relevance to referrals are Principles 3 (independence) and 7 (acting in the best interests of each client). The main danger inherent in referral arrangements has always been that over reliance on a source of work can lead to a firm being manipulated by an introducer to the detriment of the clients. This was evidenced by the miners’ compensation
cases twenty years ago. In their eagerness to obtain this lucrative work stream, some firms agreed to make payments to the unions out of their clients’ compensation payments which should never have been made and were clearly not in the clients’ best interests. This also inflicted huge reputational damage to the profession. Early versions of the Introduction and Referral Code required firms to conduct a review of any referral arrangement where more than 20% of the firm’s work came from a single source to check that the introducer was not, in fact, undermining their ability to give independent advice to their clients. This level of detail no longer exists in SRA regulation but it might be something that firms could usefully monitor where they are economically reliant on limited sources of referrals to help demonstrate that their independence is not impaired.
5.1. (Code for Individuals). They require that: • Clients must be informed about any “financial or other interest” which an introducer has in making the referral to you – also of any financial interest, such as a commission, you have in referring a client to a third party. • Clients must be informed of any fee sharing arrangement. (This would include, for example, situations where one fee is quoted to cover work done by the solicitor and the introducer.) • Any fee sharing agreement must be in writing. • No payments must be made for the referral of criminal cases. • Clients referred must not have been acquired by means which would breach SRA regulatory arrangements (such as through unsolicited approaches which would breach standard 8.9). The Codes give no indication of when or how clients must be told about any referral fees and fee sharing arrangements. It must be assumed that, as previously, this should be at the outset of the relationship so that clients can decide if they want to proceed on that basis. Firms would normally give this information in their terms of business and on their websites.
RE ARE WE NOW?
CO SOLICITORS & DIRECTORS OF INFOLEGAL LIMITED
The detail of how referral arrangements are now regulated appears in the 2019 Codes of Conduct (for both individuals and firms) which, in line with the SRA’s current regulatory approach, is minimalist. This makes clear that payments for referrals are permitted except where (a) the clients are the subject of criminal proceedings and (b) LASPO applies (on which more later). These are not new prohibitions. One important change is that the Codes treat referrals and fee sharing without any real distinction between the two. The provisions talk about “financial or other interests” and the need for clients to be informed about referrers having any such interests in making an introduction. The emphasis, therefore, is on transparency where there is any sort of financial or other arrangement that gives a firm a benefit. The provisions are set out in standard
LASPO – and its ban on referral fees The provisions are set out in sections 56 and 57 of LASPO. Section 56 sets out the ban on referral fees in cases involving personal injury or death and explains how it will operate and section 57 requires regulators to enforce the ban. When it came into force, section 56 immediately caused difficulties over its interpretation. This has largely centred on section 56 (5) which defines a referral for the purposes of the Act. It says that there is a referral if: • a person provides information to another,
known as the “hot key transfer” has been adopted by many firms doing high volume personal injury work which enables referral fees to be paid. Typically, where an individual confirms that they want to be put in touch with a firm to pursue their claim, the introducer will transfer their call to the firm without any introductory information, with the individual being required to give their name and all personal details directly to the firm. The SRA has concurred with this interpretation of the Act and there is guidance on its website explaining its views on the LASPO ban and how it applies - https://www.sra.org.uk/solicitors/ guidance/prohibition-of-referral-fees-inlaspo-56-60/. A final issue is what constitutes a “payment” where there is a “referral”. Section 56 (8) makes it clear that it will include any form of consideration and will also include payments made to third parties. There is a “get out” under section 57 (8) if it can be demonstrated that the fee was for the consideration of services or for another reason. The SRA takes the view that any payment for services must realistically reflect the work done. Evidence of compliance The issue of referral fees is considered high risk by the SRA. It has issued a warning notice - https://www.sra.org.uk/ solicitors/guidance/referral-fees-lasposra-principles/ and it has carried out thematic reviews on firms conducting personal injury claims. Further reviews are likely. These are highly intrusive and firms doing personal injury work should be in a position to demonstrate compliance (standard 2.2 of the Code for Firms requires the keeping and maintenance of records for this purpose). The SRA will check files, listen to phone calls, and expect to see records of referrals and written agreements of referral arrangements. This also means that staff should be well trained on meeting LASPO and the Code requirements. Be prepared!
• it is information that a provider of legal services would need to make an offer to a client, and • the person providing the information is not a client. If there is no “referral”, a referral fee can be paid.
Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms.
Claims management companies, insurers and solicitors were quick to appreciate this. As a result, a common practice www.birminghamlawsociety.co.uk 19
OPINION
CLOSURE OF THE SOLICITORS INDEMNITY FUND THE SOLICITORS INDEMNITY
FUND (SIF) WILL STOP ACCEPTING NEW CLAIMS AFTER 30 SEPTEMBER 2021. and how you would pay for any supplementary cover. GROUP C: FIRMS THAT HAVE CLOSED SINCE 1 OCTOBER 2015 These firms have closed, and they will never benefit from SIF because it will stop accepting new claims before their mandatory six-year run-off period comes to an end. Unless alternative arrangements are made, these firms will be left without protection once their run-off cover expires. SUGGESTED ACTION For former principals, we suggest that you take the practical steps outlined in points 2 through 4 above and preserve any records which may be of assistance in dealing with future claims. Currently, SIF provides ongoing cover to firms once their mandatory six-year run-off period has elapsed. The closure means that solicitors may be personally liable for losses from any future claims that are made against firms that have been closed for more than six years. It’s important that you understand what this means for you in order to protect yourself against potential future claims. This is a short summary – links to full details are available at the end. WHAT YOU NEED TO DO You’ll need to start by reflecting on your risk exposure. The first thing to consider is areas of work. Some work areas are at greater risk of long-tail claims, such as residential conveyancing, wills and trusts, child personal injury, and matrimonial property. Secondly, you may be affected differently depending on whether a practice at which you were a principal or employee is now closed, and when the closure took place. Below we have outlined four groups of members which will be affected differently and suggest practical steps you could take. GROUP A: FIRMS THAT CLOSED ON OR BEFORE 31 AUGUST 2000 These firms are currently covered by SIF. As they closed before the profession moved to purchasing insurance on the open market, arrangements will be made for them to receive ongoing cover after SIF has closed. 20 www.birminghamlawsociety.co.uk
SUGGESTED ACTION If you fall into this group, you may not need to take any action. GROUP B: FIRMS THAT CLOSED BETWEEN 1 SEPTEMBER 2000 AND 30 SEPTEMBER 2015 These firms are in SIF, or will be in SIF, by 30 September 2021. This is the group that we believe faces the greatest difficulties as a consequence of SIF’s closure. For some time now, we have been actively pursuing options for this group and continue to earnestly engage with the insurance industry to find a solution. However, there are currently limited alternatives available. SUGGESTED ACTION 1. If you’re aware of any matter which could give rise to a claim and can identify the former client who was affected, consider contacting that client (or their beneficiaries) and encouraging them to register a claim with SIF prior to 30 September 2021. 2. Gather and keep whatever relevant paperwork you still have available relating to your practice and indemnity insurance records, including previous applications and claims. 3. If you had a good claims history and paid your excesses and runoff premium, consider approaching your former broker or underwriter to see if they’re willing to consider providing you with supplementary run-off cover. This would not have to be on the same terms as your original mandatory run-off cover. 4. If you were part of a traditional partnership, you may want to discuss with your former partners whether
GROUP D: EXISTING FIRMS Unless alternative arrangements are made, existing firms will be left without protection once their run-off cover expires. However, there are still precautionary measures that firms can take to reduce their long-term exposure. SUGGESTED ACTION • Principals of existing sole practices or partnerships should consider incorporating as a limited liability company, as this will reduce personal exposure to claims arising from work carried out subsequent to incorporation. But you should take independent advice on this, as it may have other consequences for your practice. • Work to improve risk management systems, and carefully consider whether you should stop taking on any new work in areas with a higher risk of long-tail claims. Retain records of any such work you’ve done previously, or do in the future, in order to defend any claims that may arise subsequently. • Principals should also think about their likely need for supplementary run-off cover, and how they’ll pay for it. Consider setting aside funds now or start to implement a plan to help you to pay for your mandatory and supplementary run-off cover in the future. To find out more about the SIF closure and register for updates visit www.lawsociety.org.uk/SIFclosure
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COMMITTEES
WHY WE HAVE AN EQUALITY, DIVERSITY & INCLUSION COMMITTEE (EDI) You may have spotted that age does not have a separate group. That is because age is an attribute that everyone shares; it is therefore considered across the sub-committees and within the committee as a whole.
It is clear that as lawyers, principles of fairness should be at the forefront of the work that we do. Indeed, SRA Principle 6 requires that solicitors act “in a way that encourages equality, diversity and inclusion”. This is echoed in Core Duty 8 of the Bar Council’s Code of Practice (bolstered by a number of rules relating to EDI) which states: “You must not discriminate unlawfully against any person”. Yet, despite the apparent seriousness with which the profession and its regulatory bodies profess to regard EDI, the experience of certain groups shows that there is still much to be done. Birmingham Law Society aims to support ALL of its members, addressing those who feel unrepresented and/or unheard, and recognising the need for change. BLS is committed to developing a legal community that is truly fair, reflecting the makeup of the wider community – and the talent within it – throughout the profession. The words of German Lutheran pastor Martin Niemöller are inscribed on a wall of the US Holocaust Museum and are widely known: “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.
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Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me. Not only is the pursuit of fairness for all the right thing to do, but it also makes business sense, developing firms that are more attractive to clients and new recruits, as well as improving staff retention, wellbeing and productivity. The EDI committee aims to explain and educate members on the barriers to inclusivity and raise awareness of the issues facing particular groups. We seek to provide practical strategies and tips for making EDI a reality within organisations, identifying on building on good practice as well as developing our own solutions. We intend to create champions and allies, within BLS and its member firms, working to make EDI a reality for individuals and within organisations alike. To this end, the EDI committee works through the following sub-committees, who will also collaborate with each other and other committees as necessary: • Disability • Gender • LGBT+ • Race/Ethnicity & Cultural Heritage (REACH) • Religion • Social Mobility
BLS is ensuring that the issue of EDI is imbedded throughout the society, with each committee being required to consider what issues need to be addressed not only in terms of membership, but also the client groups relevant to that committee. They will then work with the EDI group as necessary in order to address the concerns identified. As Niemöller’s quote – and history – indicates, doing nothing can work out badly for all of us. To be honest, despite progress and publicity, the bar for improvement is still pretty low in a number of areas of EDI. So, if you like the idea of making a difference and creating positive change, the EDI committee could be for you. It could also be for you if you simply think that BLS does not represent you and your needs and that it is not fair. Come in and tell us and work to make things better! If you do not feel able to do that, use the BLS Forum (https://birminghamlawsociety. co.uk/forum/) to post your views anonymously, so at least we can pick them up, address them, and you can make a difference that way. There is still much to be done and many ways to achieve progress. The committee is energised and excited about what can be accomplished. They have already undertaken a number of effective and well received events and are busily planning more, including longer term projects. Future articles in the Bulletin will keep members informed of progress. If you are interested in learning more or, better yet, joining the committee or one of the subcommittees, please contact the committee chair, Karen Bailey (karen@baileywright. com) for an application form.
GREETINGS FROM THE LEGAL TECH COMMITTEE! 1. WHO ARE WE The BLS Legal Tech Committee (the LTC) is the brainchild of BLS’ very own President, Inez Brown. When becoming President of the BLS Committee, one of Inez’s three objectives/initiatives was to promote Lawtech within the legal industry and encourage engagement in respect of the same. The LTC is formed of a broad spectrum of individuals from partners, solicitors, barristers to learning designers and IT professionals. The LTC is co-chaired by Jas Bassi, Head of Solutions Delivery at Gateley and Nicola Jones of Athena Professional. We are represented by individuals at: - St Phillips Chambers; - Harrison Clark Rickerbys; - Gateley; - Shoosmiths; - Mills and Reeve; - Gowling WLG; - Athena Professional; - Simkay IT Consulting and - Oosha Ltd For further details on our members and membership, please visit the following link: https://birminghamlawsociety. co.uk/about/committees/legal-techcommittee/ 2. WHAT DO WE DO Our mission is to inspire and engage all BLS members with what is possible through the use of technology, so that they can adapt, improve operational efficiency, create client-centred legal services, and enhance access to legal services.
Our vision is to have a legal sector in the West Midlands which has a reputation for nurturing the creation, adoption and use of technology at all levels. 3. CASE STUDY: ARE WE MISSING AN OPPORTUNITY? As a profession we are known to be hesitant in adopting and embracing the “new” and continue to hold onto “tradition”. Does this mean we are behind the eight ball? As recently as late last year, Deloitte announced the acquisition of London tech firm, Kemp Little in a move it called a ‘key moment’ in growing its legal arm. Other Big Four accountancy firms have also made major acquisitions of law firms, including Ernst & Young’s acquisition of Riverview Law. These acquisitions by the Big Four accountancy firms have triggered a growing commoditisation of legal services predominantly through their use of technology. Although historically, large parts of legal sector has avoided major transformational technology change, the pandemic has altered the way we work and engage with clients forever. Initially this was about video conferencing with platforms such as Zoom and Teams, the pandemic has seen an acceleration in the use and adoption of technology across the profession. Post-pandemic how do we ensure that the current momentum continues and there are the resources and information to ensure that technology is accessible? Especially as corporate clients are likely
to depend a more technology driven firm. There’s also a plethora of legal technology companies has out there, many claiming to make the live s of lawyers easier through the use of AI, how do you make sense of what’s right for your firm? Our Chairs recently attended a meeting of Managing Partners where the obvious challenges highlighted included a lack of knowledge which can prevent law firms and chambers from adopting legal technology. The LTC aims to engage BLS members of all levels to embrace Lawtech and are excited to reveal our plans over the coming weeks and months. 4. YOUR ROLE As a member of the BLS we thank you for taking the time in reading this introduction and hope this is the beginning of our engagement with you. We encourage you to reach out to us with thoughts and suggestions. What are the issues you are facing? Are there any successes you can share with us? 5. EVENTS The LTC’s first virtual event titled “Wine and Learn - Security demands for a different future” takes place on Thursday 22nd April 2021 for law firm leaders across the Midlands. Keep an eye on our web page for details of future events including a face-to-face event later this: www.birminghamlawsociety.co.uk/ about/committees/legal-techcommittee/
OPINION
LOCKDOWN LIFTED YOUR SAVINGS?
TOP TIPS FOR MAKING YOUR MONEY WORK FOR YOU Investing isn’t a ‘quick win’ and generally takes place over longer periods of time – at least five years, but typically longer. If you know you might need your savings sooner, investing might not be the right option. You will also need to consider your appetite to risk – the value of your investments can go down as well as up. Each asset you can invest in, whether it’s property, bonds, cash or stocks, comes with its own level of risk, as well as its own degree of reward. Diversifying your investment portfolio by spreading investments across asset classes can offer a degree of protection against a single asset’s poor performance.
Richard Ollive, financial consultant at Wesleyan Group, the specialist financial services mutual doctors, dentists, teachers and lawyers explores how lawyers can get the most out of their lockdown savings. In the face of long hours, high workloads and the challenges of adapting to remote and online learning,managing personal finances might have understandably fallen to the bottom of your to-do list. Lockdown might, however, have given you the opportunity to save more than usual. Our own research found that, on average, individuals saved £276 a month during the coronavirus pandemic, compared with £240 before. If you have been able to put some extra away, it will be important to consider how you can use this money to support your personal and financial goals and make it work as hard as you do. Here are four key things to think about when it comes to using those extra lockdown savings. Review your savings plans and targets Any saving habit should be accompanied by a savings strategy – understanding what you need the money for, combined with your own personal circumstances, will help you determine the best way to manage your money. Being able to save that little bit extra over the past year might have meant that you’re now closer to any existing goals you had established, or in a better position to set-up new ones. As a very first step it will be important to review your targets to ensure they align with your current circumstances. Before putting money towards any goals, however, consider whether you need to start, or top-up, an emergency fund for a rainy day first. Setting aside three months’ worth of net 24 www.birminghamlawsociety.co.uk
household income is a good starting buffer. With this in place, you can then think about committing money to other savings pots. Don’t overlook retirement For some, retirement can feel like a long way off, but it’s important to start planning for the day you step back from the classroom as early as possible. You may want to consider putting any extra lockdown savings towards your retirement plans. Speaking to a financial adviser can help you understand the best way to put your money towards your retirement – be it investing, or by purchasing additional pension. If you haven’t yet established a retirement strategy, now could be the perfect time to do so. It’s important to consider factors such as when you’d like to retire, and what retirement will look like to you. From here, you can determine how much income you will need at different stages of your retirement and how you can grow your pension pot. Again, a financial adviser can support with this process – they can help you calculate the financial implications of choices such as taking a phased retirement or working past your retirement date, and understand when you can start to withdraw funds from your pension savings. Investing, investing, investing With interest rates currently lower than inflation, simply keeping cash in the bank means that the value of your savings effectively falls over time. Putting some of your extra lockdown savings into investments can provide a way to grow your wealth by helping to beat low interest rates, outperform inflation and build new income streams. And you don’t need huge sums to start investing – any amount of money can be put to work. The very first thing to consider is whether investing is right for you.
An easy way to do this is to put your money in an investment fund that covers many different types of assets, spreading the overall risk. Each fund has a risk rating that you can use to see if it’s a good fit for you. Please remember the value of investments can go down as well as up and you may get back less than you invest. Maximise tax-efficiencies Using your tax-free savings allowances can help you make the most out of the lockdown cash you’ve put aside. Putting your money in an Individual Savings Account (ISA) could be a good option to consider. You can save up to £20,000 tax-free into an ISA for the 2021-2022 tax year with no tax charged on any interest earned. There are a range of ISA types you can use. For example, a cash ISA allows you to save money in cash, meanwhile, a ‘stocks & shares’ ISA – such as Wesleyan’s With Profits ISA – allows you to make investments with your money in assets like funds, bonds or individual stocks. Wesleyan’s With Profits Fund was recently ranked 1st place* for its fiveyear net return of 7.31% by independent actuarial services provider Barnett Waddingham. And because it’s an ISA, our customers didn’t pay tax on any returns they earnt. At Wesleyan Financial Services, we understand the unique financial needs of lawyers. Our specialist financial consultants are available who can offer advice at every stage of your savings journey, from setting targets through to reviewing your pension savings. For more information visit: www. wesleyan.co.uk/saveisa Please note that past performance is not a reliable guide to future performance and the value of your investment can go down as well as up, so you could get back less than you invested. *The fund was placed 1st out of 20 funds for overall performance. Only 20 of 65 funds provided five-year net return data for comparison.
Saved more during lockdown?
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ISA If you’re one of the many households that has seen savings grow over the course of the pandemic, our Wesleyan With Profits ISA can get that spare cash working and also make the most of your tax-free ISA allowance. Opening an ISA takes less than five minutes when you apply online. You can apply for a Wesleyan With Profits ISA provided you haven’t contributed to another stocks and shares ISA in the current tax year and you have not paid the maximum allowance of £20,000 in total to ISAs in the current tax year. When you apply online you will not receive any investment advice or personal recommendation from us – ongoing charges will apply. You should consider whether this investment will meet your needs and objectives.
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Did you know? Our With Profits Fund has recently been rated top out of 201 funds for overall performance over a five year net return, by independent UK financial services consultancy, Barnett Waddingham. Had you invested £10,000 online on the 1 February 2016, the potential cash-in value of your plan at 1 February 2021 would have been £12,909 2.
W E S L E YA N WITH PROFITS ISA YEAR 1
YEAR 2
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Please note that past performance is not a reliable guide to future performance and the value of your investments can go down as well as up, so you may get back less than you invested.
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Financial Advice: Retirement Planning . Investing . Funding . Insurance 1
Only 20 of 65 funds provided five-year net return data for comparison.
These figures are based on past performance of the fund taking into account an annual management charge of 1.2% and include the effects of smoothing with regular bonuses and a final bonus added which are not guaranteed. 2
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OPINION FOR CRYING OUT CLOUD:
DIGITAL CONVEYANCING IN AN INSTANT GRATIFICATION CULTURE Increased access to the internet has bred a culture of instant gratification over the last decade. From the satisfaction of next day delivery and instant messenger apps to real-time updates on your food delivery, we’ve become accustomed to decreasing the time between initial engagement and reward. But what affect has this had on the conveyancing sector asks Bronwyn Townsend, Senior Marketing Manager, InfoTrack. Consumer expectations have been reflected in their desire for increased access to online services when interacting with various parties throughout the home moving process. The pandemic has only accelerated demand. Pair growing expectations around online services with a fast turnaround and you’ll quickly discover that digital conveyancing is the solution. HM Land Registry has been working toward the adoption of digital conveyancing, with acceptance of electronically signed deeds from July 2020 and the recent announcement surrounding standards for digital identity verification. Adoption of these government-accepted processes will dramatically change how law firms work, for the better. CLOUD POWER The cloud is not a new concept, but it’s uptake among the legal community is slower than other markets. Whether down to concerns about cyber security or a gap in understanding the benefits it can offer firms, there has been hesitation to commit to cloud-based services to facilitate an ‘accessible from anywhere’ style approach. The last year has changed that position though. Firms are now committing to cloud-based services with greater confidence, with 76% identifying legal technology as being of importance according to The 2020 Future Ready Lawyer: Performance Drivers Survey. 26 www.birminghamlawsociety.co.uk
Working within a cloud-based ecosystem provides your firm, staff and your clients with a sense of instant gratification. Tasks and updates are now available via any device for clients, so they can access, complete documentation and return information, all within easy-to-use portals. Not only is this avoiding unnecessary delays within the transaction, it’s also supporting a paperless conveyancing process. Appeasing consumer expectations isn’t all digital conveyancing in the cloud achieves though. It also satisfies a large portion of the compliance requirements for firms. With a digital record and audit trails available at the click of a button, you can be assured that technology is taking care of your compliance needs. In turn, this enables firms to realign their energy to informing their clients about transaction progress and delivering best in class service while also taking on higher caseloads. Digital conveyancing is not only about client satisfaction, it’s also about instant gratification for users within a law firm. Cloud solutions are flexible and support law firm growth. Without the drawbacks of infrastructure limitations, there is no disruption to service as your firm expands to meet increasing demands. By leveraging completely digital services, roles are no longer defined by arduous administrative tasks. Instead, conveyancers are empowered to progress transactions with the advantage of transparency throughout the entire process through clever dashboards and intelligent data. At a time when the industry is feeling the strain of surmounting transactions with the SDLT holiday extension, finding support within the technology they use is invaluable. Cloud-based digital conveyancing is not only an asset now, but will help law firms soar long term.
Shred paper-based conveyancing, completely.
Digital conveyancing is more secure than paper-based processes. Tear outdated paper-based conveyancing processes to shreds. Digital conveyancing means onboarding clients electronically with eCOS, integrating LMS for automation of priority searches and AP1 registration, digitally signing HMLR deeds, and accelerating and automating creation of your report on titles with Property Report. InfoTrack is the only platform that enables a completely digital conveyancing process, end-to-end. Give us a call or email us. But, please, don’t write a letter. InfoTrack; the home of digital conveyancing. Join the digital conveyancing movement with InfoTrack. Call us on 0207 186 8090 or visit www.infotrack.co.uk/nopaper
OPINION KEEPING IT CLASS E
Written by Nicola Gooch Planning Partner & Stuart Tym Planning Lawyer (Senior Associate Solicitor), at Irwin Mitchell on behalf of Landmark.
Just before Easter Housing Secretary Robert Jenrick announced a package of measures to revitalise England’s high streets and town centres. The Ministry of Housing, Communities and Local Government (“MHCLG”) detailed that a new set of permitted development rights to allow Class E property to convert to Class C3 (Residential) would be laid before Parliament on 31 March 2021 following its consultation (which closed at the end of January). The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 comes into force on 21 April 2021. Its principle effect is to introduce a new Class MA into the General Permitted Development Order (the “GPDO”) granting deemed planning permission for change of use from commercial and business use (Class E) to Residential (Class C3), taking effect on 1 August 2021. The new Class MA is principally created by Regulation 6 which inserts the new Class MA after Class M of Part 3 of Schedule 2. Whilst the new Permitted Development (PD) right will apply to all Class E uses, and is still intended to apply to conservation areas, there has been: • a tightening of the conditions that will apply to it; and • an extension of the types of matters that can be taken into account during the prior approval process. Unlike the consultation, the Class E to Residential PD right, will be subject to: • a vacancy requirement: the building 28 www.birminghamlawsociety.co.uk
changing use will have to have been vacant for at least 3 months prior to the date of the application. • a size restriction: no more than 1,500 square metres of floorspace will be able to change use under the right. • a long use restriction: the building must have been in Class E use for two years before benefiting from the right and • a new prior approval consideration that allows councils to consider the impact of the loss of health centres and registered nurseries on the provision of local services. The previously suggested prior approvals are also to remain. These being: • Flooding • Impacts of noise from commercial premises; and the • Provision of adequate natural light to all habitable rooms The ability to consider the impact of the loss of the ground floor use to residential will remain a prior approval consideration solely in conservation areas. Buildings that are converted to residential under the new PD right will also have to comply with space standards, which were introduced into the existing version of the GPDO last year (and which came into effect on April 6th) and will not then benefit from further “householder” PD rights under Schedule 2 Part 1 of the GPDO. Helpfully for local authorities, MHCLG have included transitional
provisions for Article 4 Directions although these appear to be limited to Article 4 Directions restricting the conversion of offices to residential uses - as opposed to residential conversions in a broader sense. It will, however, give many Councils some much needed breathing space, and the ability to at least try to get replacement Article 4 Directions in place before the transitional provisions expire next year. In the words of the Press Release itself: "Where there is an existing Article 4 direction on 31 July 2021 in respect of the change of use from offices to residential (under Class O) it will continue to have effect on equivalent development in respect of offices (now within the Commercial Business and Service use class) until 31 July 2022." Of course, the devil is in the detail – translating the new commitments and requirements into law, we can already see some issues arising for them. For example: • The three-month vacancy - no specific drafting is included to heed against unscrupulous landlords simply giving early notice. Nor are additional definitions provided to distinguish between a true vacancy and a COVID vacancy; or are the government expecting everything to be fully back to normal by 1 August 2021? • The transition period for Article 4 Directions has the potential to cause confusion, an Article 4 direction which prevented Office to Residential under the old law is clearly saved, but what about an Article 4 direction which prevented the retail conversions which were provided for under Class M? Nonetheless, the revised version does seem to be a much more workable version of the PD right than that promised by consultation.
They’ve got big plans But what’s everyone else up to? When someone is planning on buying their new home, changes to the surrounding environment can throw a spanner in the works. Have you provided the information they need to make it their dream home?
RiskView Residential, the all-in-one environmental report, now includes large site planning applications as polygons alongside other planning applications and constraints data presenting a more realistic view and understanding. Providing complete environmental due diligence with professional opinion in one report, RiskView is the market leading choice in client care. Contact your search provider for details or visit www.landmark.co.uk/landmark-legal/riskview-conveyancer
RiskView Residential is Landmark’s gold standard, all-in-one environmental search report, used by property lawyers to assess a wide range of potential hazards on behalf of prospective purchasers. These include flooding, ground stability, contaminated land, energy and infrastructure and now includes planning application and constraints data.
IN CONVERSATION WITH JAY BHAYANI week in the office with the rest of their time working from home. This single day in the office gives my employees the chance to collaborate, supervise, file and organise anything that can’t be done at home. It gives me the chance to check in with them and ensure their wellbeing isn’t being unduly impacted during these Covid times. It’s Quill’s cloud practice management and legal accounting software that allows us to operate in this truly flexible way.
In 2021, it’s anticipated that two new law firms will open every working day. To help these budding startups to get their businesses off to a flying start, Quill caught up with its long-time client, Jay Bhayani at Bhayani HR & Employment Law, to share her wisdom on the practicalities of setting up a law firm. Tell us a little about yourself and your practice. Bhayani HR & Employment Law is a niche practice offering straightforward employment law advice along with outsourced HR services. I launched the business six years ago and have grown to such an extent that I now have offices in Sheffield, Leeds, London and, most recently, Leicester. Was it a smooth transition from partnership to sole proprietorship? In a word, no. My original business plan was based on an agreement with the managing partner of the firm I was leaving whereby I’d arranged to take my team, clients and precedents with me. Unfortunately, this plan didn’t materialise. The agreement fell apart because the partnership took umbrage with my leaving. I left with absolutely nothing and ended up with a 4-year trademark dispute over my name. Resultingly, I started completely from scratch on my own with not a single piece of paper, renting a small windowless unit off a dual carriageway somewhere. I did lots of crying and lots of planning. Although it felt far from it at the time, my previous firm
actually did me a favour as I built a business fit for its time rather than relying on what I’d always done. I was also more determined than ever to prove to myself and others that I could succeed. How did you go about building a business from the ground up? I took measured risks, some of which were personal risks such as the trademark dispute which was costly, and thought carefully about whether I was taking the right steps at every stage of the journey. Plus, I worked hard. Even though it was exhausting, the hard work was more fulfilling and rewarding because I was doing it for myself. My only regret is wishing I’d set out on my own ten years earlier when I was in my early 40s with more time and energy. How important is technology to running your business? I’ve always had a physical office and I’ve always had a remote working infrastructure. There are some big draws to having an office, for example giving credibility to potential clients and distancing life at work from life at home. Likewise, I’m a fan of remote working and I’ve made this option available for employees from the outset. I have to confess, I didn’t have a clue about technology but quickly discovered the benefits of cloud software. As long as I have access to a phone or laptop, I can see time recordings, outbound expenditure, inbound fees due and cash flow generally. The same concept applies to my staff who are currently spending only one day per
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As an outsourced service provider, do you advocate the outsourcing model? From day one, I’ve been both a supplier and consumer of outsourcing services. Being a complete novice regarding financial management and compliance, I instructed Quill to handle my legal cashiering and payroll with the compliance responsibilities that accompany these jobs, for instance, client account management and bank reconciliations. I simply wouldn’t have known how to deal with any of this. As a new business, it’s vital to concentrate on servicing clients and instruct help elsewhere. It would be impossible to replicate Quill’s services in-house because of its vast collective experience and knowledge in these heavily regulated functions. Outsourcing is a no brainer. Why would any business owner waste their management time on tasks outside your specialist areas when they could be charging a good rate delivering legal services instead? Outsourcing costs far less than paying for someone in-house and outsourced suppliers have far more expertise than one person doing the role. Outsource to a company that understands how law firms operate and you’re at a real advantage. Do you have any parting tips for entrepreneurs? Before going it alone, work out your relationship with the firm you’re leaving so you know your starting point. Plan based on what the reality of your situation is whilst being adaptable and prepared to change as your business progresses.
Get the right technology in place for remote working capabilities but don’t completely rule out having a bricks-and-mortar office as well. Serviced offices are readily available and you don’t need a huge space unless you have lots of staff. Speak to cloud software providers – Quill included – about technology. At the same time, play to your strengths and outsource to cover the skills you lack. Again, using Quill as an example, this could be legal cashiering and payroll support. In Bhayani Law’s case, this would be outsourced HR support. With solid foundations in place, there’s nothing you can’t achieve with resilience, dedication and hard work. Success is yours for the taking. About Jay Bhayani – Solicitor & Managing Director Jay is a specialist employment law solicitor and leads the HR & Employment Law Team. She has over 25 years’ experience in dealing with all aspects of HR and employment matters and specialises in complex and sensitive issues. The Firm’s innovative Watertight fixed-fee HR support package is a cost-effective solution that provides complete peace of mind for clients. This, together with her energy and enthusiasm is a winning approach. In addition to her legal work, Jay is an ‘Entrepreneur in Residence’ at Sheffield Hallam University and a member of their management school advisory board, a past member of the Law Society’s Women Lawyers Division Committee as well as a mum of two teenagers! Quill helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services. Get in touch for more information about Quill’s practice management software and outsourced legal services by emailing info@quill.co.uk.
Focus on the matters that matter most Run your law firm from anywhere
0161 236 2910 info@quill.co.uk quill.co.uk