BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
NOVEMBER / DECEMBER 2021
www.birminghamlawsociety.co.uk 1 ONE PROFESSION... ONE REGION... ONE VOICE
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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.
News.
9.
Pro Bono Week 2021- Get Involved!
12.
Don’t Aim For Back To Normal – Aim For Better Than Normal
13.
The Pandemic In Numbers
14.
What Is Possible Using Legal Tech?
16.
The Legacy of Coal Mining
17.
Members’ Events
18.
Regulation Report: What’s In A File?
20.
Lowlife’s & High Times
22.
Celebrate Christmas in Style at BRB
CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk Twitter @bhamlawsociety Insta @birminghamlawinsta Officers September 2020 – September 2021 President - Stephanie Perraton - Squire Patton Boggs (UK) LLP Vice President - Tony McDaid - No5 Chambers Deputy Vice President - Alice Kinder- Anthony Collins Solicitors Hon. Secretaries - Clare Murphy, Harrison Clark Rickerbys Services LTD and Mariyam Harunah, Squire Patton Boggs Board Chair – Dee Kundi, Knights PLC HR / Equality & Diversity Director – Karen Bailey, Bailey Wright & Co PR & Media Director – Laura Daly, Irwin Mitchell Vice Chair & Finance Director - Ben Henry, Jonas Roy Bloom Committee Director – Rav Hothi Board Director – Tony McDaid, No5 Barristers’ Chambers Professional Development Director – Nisha Panchal, Harrison Clark Rickerbys Ex Officio as President - Inez Brown, Harrison Clark Rickerbys University of Birmingham Law School
EXPERT WITNESSES FOR: l l l l l l l l
Mechanical and Process Engineering Manufacturing Industries Oil and Gas Industries Petrochemicals and Chemicals Pharmaceuticals Fertilizers and Pesticides Metallurgical Industries Safety and Environmental
2012-2018
Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3
NEWS
return to work feeling less confident and find it more difficult to cope with stress and setback. The impact of the pandemic has forced us to evaluate what is important to us with many colleagues looking for a better, fairer work life balance in the future. To help BLS members know where they can get help if needed, I have already started work on a Health & Wellbeing section for the website to provide easy access to a wide range of support. It is also important to us, individually and collectively as a Society, to widen our discussion around wellbeing, with research indicating that improvements to physical and mental health increase our job satisfaction and productivity. As leaders in Birmingham’s legal profession, we can encourage this wider reconnection to employee wellbeing. I want to promote Birmingham as a centre of legal excellence by spotlighting who, what, where and how our lawyers have been working hard. Let’s celebrate our Birmingham heritage and support the growth of an outstanding legal hub of expertise and ambition.
I am so delighted and proud to have finally been installed as the new President of Birmingham Law Society at the AGM on 30 September. After an unprecedented and difficult year, I am looking forward to returning to normality, meeting face to face and most importantly, hosting inperson events. To repeat what I said at the AGM, building a strong legal community is at the heart of everything we do at Birmingham Law Society. As a collective, I want us to re-engage, reconnect, and to become stronger and more resilient than ever. The profession, as always, faces many challenges and it is for the Society to lead in times of doubt. When considering the role Birmingham Law Society plays within the legal profession, the city of Birmingham and on the national stage, it was important that my initiatives for the year, reflected the need to rebuild. For my Presidential year, the society will focus on people, health and well-being and the local community. People are incredibly important to me, my family, friends, work colleagues and of course, members of this Society. 4 www.birminghamlawsociety.co.uk
Re-engaging with members will ensure the society organises relevant and thought-provoking events. I plan to re-ignite the Ambassador Programme, to keep members up to date with what we are doing and how they can get involved, alongside a rejuvenated and engaging social media presence, promoting the Society’s work, initiatives and upcoming events. Our Society aims to be truly representative of our diverse membership and respond to changes in our community. The past year has sadly prevented some of our newly qualified lawyers, trainees, paralegals and students from meeting one another. To encourage our members to reconnect, we will provide networking events to suit a range of preferences, whether that be cooking, exercise, charity work or evening drinks. Health and Wellbeing - This notion of reconnecting and rebuilding comes to mind when discussing the importance of wellbeing. A recent survey of our members revealed that the majority of respondents wanted more health and wellbeing support from the Society. Understandably, life as a solicitor can be challenging and the demands and pressures can easily build up. People who have time off with illness and mental health problems can often
Birmingham is also the place The Commonwealth Lawyers Association have chosen for their next Conference. Vice President, Tony McDaid has worked tirelessly over the past 3 years with the International Committee to persuade them to come to Birmingham and the Conference, "Race to the Commonwealth and Beyond" is an excellent opportunity for us to showcase our extremely talented lawyers on the International Stage. And with the Commonwealth Games in hot pursuit, this year presents a great opportunity for our city, our profession, and Birmingham Law Society. To build on our society’s inclusivity and efforts to re-engage and reconnect, the charities I have chosen to support are: SIFA Fireside and Walk the Walk. Both are fantastic causes which support individuals during significantly difficult times in their lives. They offer the opportunity to get involved, and do something positive rather than just donating. By keeping in touch with our local community, whether that be cooking for those who find themselves homeless, or by completing a 26.2 mile fundraised walk, we are enriching our increasingly diverse BLS community. Stephanie Perraton
NEW BIRMINGHAM LAW SOCIETY PRESIDENT TO CHAMPION WELLBEING SUPPORT Supporting the physical and mental wellbeing of members is to become a top priority for Stephanie Perraton after her inauguration as the new president of Birmingham Law Society. Stephanie, who heads up the licensing team at Squire Patton Boggs, replaces Inez Brown in the role as the society’s president, after a delayed start due to Covid. The legal expert says the events over the past two years are the driving force behind her plans to focus on the mental and physical wellbeing of society members. Speaking on this, Stephanie Perraton, President of Birmingham Law Society, explained: “Without our members we wouldn’t be here which is why it is important to give back to the legal pool across Birmingham and the West Midlands. If recent months have taught us anything, looking out for one another is key for a thriving community. Therefore, it is critical that we seek to raise awareness, develop resources that are built to last and signpost members to these.” With over 30 years’ experience in her field, Stephanie has already played an active part in mental health awareness during her time as the society’s Vice President. Following in the footsteps of the society’s first Black president, Inez Brown, Stephanie has also spoken about the importance of continuing progress regarding diversity in the profession. “Building a strong legal community is at the heart of everything we do at Birmingham Law Society. It is an honour to follow a succession of excellent leaders who have made their mark as previous presidents. Equality, diversity and inclusion run through everything that the society stands for and I look forward to maintaining these values, continuing a culture of inclusion while representing the interests of all of our members across the Midlands.” Representing more than 5,000 legal professionals across the region, Birmingham Law Society is the largest society of its kind. “If we are to establish Birmingham as the centre of legal excellence, then supporting our members with a scheme that covers all aspects of wellbeing - mental and physical - is critical. I aspire to equip members with the tools necessary to support their own and others’ health to futureproof the legal profession in the region”, said Stephanie. www.birminghamlawsociety.co.uk 5
OUTGOING PRESIDENT’S LETTER
Gateley Legal. Together with support from Pinsent Masons who will provide access additional access to virtual work experience. The benefits include: • A university scholarship on the LPC • Advice on CV writing • Interview coaching • Training on presentation skill • Mentoring • A place on the Trainee Assessment Day In September 2020 we provided scholarships to 2 successful candidates. One of the candidates has secured a training contract at Gateley Legal and the other candidate was offered a paralegal position at a local law firm. We ran the scheme for a second year for the 2021 cohort. If you would like to get involved with this scheme, please contact BLS.
I can’t believe that 15 months have passed so quickly but I am pleased to report that Birmingham Law Society has achieved so much during the pandemic. We continued to support and engage members and the wider Birmingham community throughout lockdown. At my inaugural speech in July 2020 I said, ‘we are stronger together’, which continues to ring true as we continue to work together and support each other for the betterment of the profession. My term of office was unusual in that no-one could have predicted a global pandemic, lockdowns, social distancing, long covid and a tragic death toll. Sadly, we have all been affected by this pandemic. I would like to take this opportunity to thank our essential workers who have assisted us by going above and beyond during these difficult times. My initiatives: In 2020 I announced plans to take forward three initiatives during my time in office: 1. First - flexible Working – Historically law firms were cautious about flexible working, but Covid-19 forced everyone to adapt to remote working. With child-care, elderly parent responsibility and work life balance, flexible working should be an option where practical. During lockdown 6 www.birminghamlawsociety.co.uk
firms reported (i) increased productivity; (ii) increased profit and (iii) an improved client experience and (iv) an improvement in staff morale. The majority of firms have also introduced hybrid working policies. Long may this continue! 2. Law & technology - No-one can deny that technology is having a huge impact on the legal sector, especially during the pandemic and can only continue due to innovation and talented young lawyers. I wanted to promote and educate members on Law and Technology. I am pleased to report that in October 2020 Birmingham Law Society held our first LawTech Conference in partnership with Oosha Ltd. Over 350 delegates attended this conference and over 1500 people have streamed the conference to date. In November 2020 we set up our first LawTech Committee whose remit is to educate member firms on how technology affects the legal sector and how to use it effectively. I recently met with the SRA and Legal Services Board who wish to partner with BLS to launch a technology pilot to support smaller and medium law firms to access technology. Details about this pilot should be circulated shortly. 3. Diversity Inclusion Scheme - I am pleased to announce that BLS established its first Diversity Inclusion Scheme, partnering with The University of Law; The University of Wolverhampton; Harrison Clark Rickerbys; and
Child Brain Injury Trust I would like to thank you all for helping me to raise £22,081 for this charity who help children and young adults who have an acquired brain injury. The funds raised will go a long way to help the both the injured young people and their families cope with the realities of life after a brain injury. Note of Thanks I would like to thank everyone who supported me during my term, especially: • Stephanie Perraton - Vice-President. • Tony McDaid - Deputy Vice-President. • Joint Honorary Secretaries – Stephanie Brownlees and Pardeep Larga together with our current Joint Honorary Secretaries: Mariyam Harunah and Clare Murphy. • Dee Kundi - Chair of the board together with members of the Board; Council members. • Office staff • Committee Chairs and committee members, • You, our Law society members together with friends and family who supported my Presidency. I reserve special thanks to Rod Thomas, Managing Partner at Harrison Clark Rickerbys, my team at Medical Accident Group and the HCR family for going the extra mile. Last but not least, I would like to thank all of our sponsors who sponsored so many events throughout the pandemic. The Society appreciates your continued support. Finally, at this time, I am reminded of Geoffrey Chaucer’s proverb from his 1374 poem, Troilus and Criseyde, ‘All good things must come to an end’.
RECRUITMENT DRIVE AT IRWIN MITCHELL INCLUDES BIGGEST EVER NEW APPRENTICE INTAKE
Irwin Mitchell has announced its largest single intake of new apprentices, with 24 new recruits commencing Paralegal Level 3 and Business Administration Level 3 apprenticeship programmes. All 24 have started their induction at the start of a two year programme and will be joined by more in the years ahead as Irwin Mitchell enhances its apprenticeship scheme as part of the firm’s ambitious future growth plans. Lorcan Seery, apprentice manager at Irwin Mitchell, said: “It’s a real privilege to welcome our biggest ever single cohort of apprentices to the firm and we wish them every success at the start of what promises to be one of the most informative stages of their career journey. “The lockdown naturally made taking on new apprentices a challenge, so we are keen now to make up for lost ground, creating new opportunities and laying the groundwork for the long term success of the business.” Irwin Mitchell has also announced the appointment of a new senior associate to support the post-lockdown growth of the firm’s wills, trusts and estates disputes team in the West Midlands. Based in the Birmingham office, HayleyJo Lockley joins the team with a brief to focus on trust and estate litigation. The first few years of her career were in general litigation, before moving to
specialise in contentious trust and probate work six years ago. Commenting on her new role with Irwin Mitchell, Hayley-Jo Lockley said: “I’m passionate about helping clients achieve a swift and successful resolution to their problems, so it’s a pleasure to be joining a firm that puts client needs at the heart of all we do. Several other new partners have been recruited in recent months, including Christine Thornley in tax, trusts and estates; Angela Jackman in public law and human rights and Danielle Parsons and Deborah Casale in employment, together with several new senior associate hires nationwide. The positive news on recruitment caps an 11th consecutive year of growth for the 2020-21 financial year, with turnover up to £275.8m.
Meanwhile, Clare Wiseman, (above) Birmingham-based Family Law partner at Irwin Mitchell, has been invited to join the prestigious International Academy of Family Lawyers (IAFL), cementing the firm’s position as a leader in international family law. Her appointment to the IAFL, following a rigorous admissions process, marks an important step as the only West Midlands-based lawyer to be invited to the Academy. Of her appointment, Clare said: “I’m absolutely thrilled to have been invited to join the IAFL, which is a real wealth of knowledge and experience when it comes to international family law. “I’m really looking forward to connecting with other members of the IAFL and working with the wider global network to see how Irwin Mitchell can help both other practitioners and international clients.”
www.birminghamlawsociety.co.uk 7
NEWS
NEW TRAINEES JOIN FORRESTERS IN BIRMINGHAM highly regarded training programme,” said Callum who graduated from the University of Birmingham in 2017 with a Master’s degree in mechanical engineering. “Forresters really stands out from others because you get involved in the company straight away, working in a team on real life projects. It’s great to be able to help different companies and learn about their inventions and products. Everyone at the firm has been friendly and welcoming and we have already had a couple of get togethers so everyone can get to know each other.”
One of Europe’s leading patent and trade mark firms has recruited eight trainees as part of its commitment to developing talent and expertise for the future. The trainees are working at the firm’s Birmingham, London and Munich offices. At the Birmingham office are trainee patent attorneys Thomas Heath, Dr Robert Paul and Callum Watson, who have all joined the firm’s technology and engineering team. Thomas Heath said he is looking forward to using his background in engineering and manufacturing to help clients. “I studied mechanical engineering at Coventry University and the University of Warwick, and had placements at engineering consultancies, including within the automotive industry, which has been good experience for working in the West Midlands area,” he said. “A couple of the projects during the placements were client facing, which I really enjoyed and so I’m glad to be able to have the opportunity to do that 8 www.birminghamlawsociety.co.uk
every day with Forresters.” Thomas said he’s enjoying working with his mentor, senior associate Dr Emma Palmer. “As trainees we work one-to-one with senior professionals on projects that count towards our training,” said Thomas. “Because we are working on real cases I’m learning new skills without really noticing it. I was attracted to working at Forresters because of this combination of the excellent training programme and being able to build skills as you go along.” Dr Robert Paul worked as a mechanical engineer before joining Forresters and is looking forward to graduating as a UK and European patent attorney. “I decided to become a patent attorney because the work looked fascinating and I wanted a structured career path where I could really challenge myself,” said Robert who achieved a PhD in composite materials at the University of Manchester. “I was attracted to Forresters because of their hands-on approach to training and
I’ve already been involved with a range of interesting inventions.” Robert is working with Dr Nick Palmer, a partner at Forresters who has expertise in a range of technologies. Robert said: “I’ve really enjoyed everything I’ve done so far and I’m working with a great group of people. Work has ranged from search reports to understanding why a patent examiner didn’t allow certain claims. I’m looking forward to working with inventors and clients to ensure they have the IP protection they need to get their product off the ground. It will be really exciting to see the process from start to finish.” Callum Watson joined Forresters after working as a mechanical design engineer and he is being mentored by senior associate Dr Jagvir Purewal. Callum said he was looking into becoming a patent attorney when he first heard about Forresters. “One of the main things that attracted me to Forresters was their
Among those mentoring the new trainees is Dr Nick Palmer, who joined the firm 13 years ago as a trainee patent attorney. Nick said: “We are delighted to welcome Callum, Robert and Thomas at what is an exciting time for Forresters as the firm continues to go from strength to strength. Our trainee programme attracts talented individuals and it’s not surprising that many of our associates and partners started at the firm as trainees.” Senior associate Dr Emma Palmer said: “We always want our trainees to have the best experience possible during their training and this is one of the reasons why they are involved in a wide variety of work and are considered a vital part of the team they join.” Dr Jagvir Purewal added: “Recruiting talented trainees every year is a natural part of Forresters’ commitment to bringing new patent and trade mark attorneys into the profession. We enjoy mentoring the trainees to help them develop skills and knowledge because it not only leads to long-term career progression of the trainees, but it also brings added benefits to our clients.”
PRO BONO WEEK 2021 – GET INVOLVED! Events in Birmingham. The Birmingham Law Society Pro Bono Committee are holding two events this year and members of the legal community are invited to both. Why not come and visit us in Cathedral Square over lunchtime to find out what Pro Bono work is happening in Birmingham? You will find us there in Pro Bono Week at the following times: • • • •
Monday 11:30 – 14:30 Wednesday 11:30 – 14:30 Thursday 10:30 – 13:30 Friday 11:30 – 14:00
Alternatively, the Committee invites you to an evening of Celebrating Achievements and Looking To The Future, with examples of great Pro Bono work already happening in the city and asking what the next 20 years should look like for Pro Bono. This event will be held at Gowling WLG. Refreshments and an opportunity to network will be followed by presentations from guest speakers.
Pro Bono Week 2021 is fast approaching; this year it will take place from the 1st to 5th November 2021. This year marks the 20th anniversary of Pro Bono Week. The events and campaigns taking place throughout the week will provide a fantastic opportunity to exhibit and appreciate the longstanding commitment of the legal profession in providing free legal help to those in need. Pro bono is vital to making sure that everyone has access to justice, but it is also a key tool in professional development and wellbeing for lawyers, as well as playing a role in staff recruitment and retention.
Invitations will be sent to anyone on the Birmingham Law Society mailing list, or for more information please email: probono@ birminghamlawsociety.co.uk National Events Resources and updates are available on the Pro Bono Week website, where you can also find plenty of event ideas and tips. Plan your event now and get it added to the national calendar online by emailing mary@probonoweek.org.uk. If you want tips on a specific event you would like to host, or details on campaigns you can join, do get in touch via the above email and we would be happy to advise. For the latest updates make sure you follow Pro Bono Week on Twitter and LinkedIn.
BIRMINGHAM HOUSING SOLICITOR APPOINTED AS DEPUTY DISTRICT JUDGE MIDLANDS Associate who sits as an assistant coroner. Helen Tucker, incoming deputy district judge and partner at Anthony Collins Solicitors, said: “I’m hugely honoured to be appointed as a deputy district judge for the Midlands Circuit. I’m looking forward to drawing on the experience I’ve gained at ACS over the years and learning a great deal more in this new role.”
Helen Tucker has been appointed a deputy district judge (DDJ) for the Midlands Circuit. Tucker, who is a partner at Anthony Collins Solicitors (ACS), will start sitting part-time in county courts in the Midlands’ circuit from early 2022.
Tucker will remain an active partner in ACS’s housing management team, co-leading the social purpose law firm’s housing litigation service supporting housing associations and local authorities in the delivery of their housing management operations.
DDJs deal with a wide spectrum of civil cases including, housing, personal injury, claims for money, divorce and domestic violence matters.
Tucker follows in the footsteps of Rankeshwar Batta, partner who is currently a deputy district judge on the North West Circuit and Sarah Huntbach, Senior
Tucker was appointed by the Lord Chancellor after a fair and open competition administered by the Judicial Appointments Commission. The appointment is for five years and can be automatically extended by the Lord Chancellor for further successive terms of five years – subject to the office holder’s agreement and the retirement age of 70. Peter Hubbard, senior partner at Anthony Collins Solicitors, said: “On behalf of everyone at ACS, we’d like to congratulate Helen on her appointment as a deputy district judge. We are proud to support our staff and partners who pursue part-time judicial roles and recognise the importance of doing so to support the administration of justice by our court service and judiciary.” www.birminghamlawsociety.co.uk 9
NEWS
TROWERS & HAMLINS’ BIRMINGHAM OFFICE TURNS 10 not only in the legal sector but also in the community itself. I take great pride in saying that ethos is still at the core of what we do at the office as we continue to establish ourselves further across many different platforms. We have maintained a strong growth in number of new hires, celebrating true diversity and inclusion, alongside many promotions, most recently welcoming Moad Giebaly into the partnership.
International law firm Trowers & Hamlins is celebrating its 10 year anniversary for the firms Birmingham office. Since opening the Birmingham office in July 2011, Trowers & Hamlins has built broad expertise and deep relationships across the business community, in both private and public sectors. Now with a team of over 100 people, the office has established itself in many new and innovative projects and initiatives amongst businesses and charities alike. Recently the Birmingham office has been recognised for its
commitment to innovation in the West Midlands having advised on pioneering 5G technology that has helped to establish the region as one of the hubs for technology in the UK as well as being involved in visionary projects such as HS2. Head of the Birmingham office, Yetunde Dania [pictured in red dress at front of pic with colleagues] commented: "It has been wonderful to see how much the Birmingham office has grown and developed over the last 10 years. When we first moved to Colmore Row, we did so with the intention of establishing ourselves
SOCIAL HOUSING HEAVYWEIGHT JOINS ACS PROPERTY TEAM
Our growth over the course of the last 10 years is a testament to the hard work and dedication of all the teams which make up the office and I'd like to thank everybody for their commitment as we continue on our journey of expanding our business across the region." To celebrate the 10 year anniversary of the Birmingham office the firm have developed a YouTube campaign and a podcast series that focuses on future innovation, highlights key moments along the journey and experiences shared by those from the office as well as showcasing client success stories.
in stock transfers. This is alongside supporting the transfer of 50,000 homes between local authorities and housing associations. Andrew Dudley, partner at Anthony Collins Solicitors said: “With social purpose at the core of its approach, Anthony Collins Solicitors is leading on a number of landmark property projects, enabling the delivery of sustainable and affordable housing and improving lives, communities and society. “The firm is at an exciting point in its growth journey. I’m looking forward to helping build the property team and bolstering the services we can provide to our clients across the UK.”
Anthony Collins Solicitors (ACS) has appointed a new partner to its social housing property team. Andrew Dudley joins ACS from Wright Hassall LLP where he was head of social housing, specialising in property development and stock transfer for housing associations. While undertaking his own caseload, Dudley will also focus on developing the social purpose law firm’s property team and client base, which includes The Riverside Group and Citizen 10 www.birminghamlawsociety.co.uk
Housing Group. Dudley brings over 40 years legal experience to ACS, spanning roles as partner at Wright Hassall LLP and Shakespeare Martineau. Dudley specialises in supporting housing associations and local authorities on matters including land acquisition, development, sale and rental. Throughout his career so far, Dudley has successfully developed and negotiated the first insurance policy to support environmental liabilities
Dudley’s appointment follows other recent lateral hires joining ACS’ Manchester office, with Suzanne Gregson and Tom Starkey leaving regional firms in the North West to join ACS. This is alongside three internal partner appointments by ACS of David Evison, Emma Hardman and Sarah Patrice. Jonathan Cox, Head of Social Housing at Anthony Collins Solicitors, said: “Andrew’s arrival is one of a number of ways we are growing the firm’s housing team.”
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OPINION DON’T AIM FOR BACK TO NORMAL – AIM FOR BETTER THAN NORMAL
Wherever you turn, there are reports and articles warning of the pitfalls and bear traps of the impending return to work / hybrid office culture – but could this be the biggest opportunity your company has ever had to create a work environment that is so much better for you, your staff and your clients asks Mel Evans of Kaleidoscope Coaching. The pandemic has changed us all, perhaps irrevocably. Values have been questioned, priorities re-aligned, and ways of working rewritten. Those employers who are able to identify and respond to these changes and the human needs that underpin them will be recognised as preferred places to work - and rewarded with employee loyalty and commitment. After the enforced distance imposed on us all, you will be thinking about how you can reunite your currently disparate teams, both physically and emotionally, and how to encourage and promote a return to office working. Plans may be in place to welcome long-furloughed team members back into your business. 12 www.birminghamlawsociety.co.uk
Perhaps you have already decided to move to a more hybrid office working model and are gingerly feeling your way as to how this will work in practice – will it be 2 or 3 days in the office? How might this work across business functions? In each scenario, the support, buy in and proactive involvement of your employees will help to establish more robust working practices that help shape stronger teams.
Your team members have a wealth of in-depth (and often untapped) knowledge of how your business really works – and what doesn’t work so well – in both an office and work from home environment. Each and every individual has valuable information to bring to the table – and now is the time to gather that detail, to sense check and finesse the way you work, before slipping back into old habits. Employers and managers who empower their teams to explore how they best work together for both their own, and the clients’ best outcomes, will reap the rewards in increased employee engagement, leading to the well documented benefit of an increase in overall productivity and, ultimately, profitability. Independently facilitated workshops can provide the ideal forum and focus to help teams, leaders and individuals to explore beneath the surface, identifying thoughts and
ideas which may otherwise remain unvoiced, leading to richer, more sustainable solutions and outcomes.
Our approach is to work closely with our clients to design and deliver a bespoke experience which is tailored to align with the individual needs and values of each organisation and team. This could take whatever format works for you, with some of our most popular options being a 4-hour closed team workshop focused on defining a team’s hybrid working practices, a programme of 1:1 coaching sessions to address individual needs and an open 90 minute workshop to help individuals across the business adjust to their new working reality. Your delivery team, Mel Evans and Jo Orr, are both members of the International Coaching Federation and have over 50 years combined experience in the private sector. We bring this extensive experience in team working, project delivery and workshop facilitation, along with our comprehensive training with Barefoot Coaching, to our work with you. If you would like to find out more about how we can help you shape your work environment, please contact Mel on 07740 650221 mel@ kaleidoscopecoaching.co.uk.
THE PANDEMIC IN NUMBERS
As we now come out of restrictions, directors and other stakeholders will need to know exactly how their companies are performing, keeping an eye on whether their business is sufficiently funded (either cashflow or capital) to meet both the opportunities and the challenges of the next six to 12 months writes Alan Meiklejohn, Partner at Harrison Clark Rickerbys. A few numbers are enough to indicate the effect the pandemic has had on the economy and on some of the government’s support schemes, in particular: Unemployment Before the pandemic, less than 4% of the economically active people aged over 16 were unemployed. Whilst this rose to 5.1% at the height of the pandemic, this has since reduced and continues to do so. However, anecdotal evidence suggests that will increase after the withdrawal of the furlough scheme. The furlough scheme has protected more than 11m jobs since the pandemic began and as at January 2021, 4.7m workers were on furlough. The pandemic saw 693,000 payroll jobs disappearing including 368,000 in hotel, restaurants and pubs and 120,000 in shops. However, and again anecdotally, it is anticipated that following the withdrawal of furlough, the increase in job losses will be nearly as bad as had first been envisaged. Finally, nearly two thirds of the fall in number of employees has been among the under 25s.
Government borrowing Of the various business relief schemes available, of the initial Government financial support schemes, which were closed at the end of March 2021, the following had been used, according to the British Business Bank Product
Number (as of 25/03/2021)
Total Value (£)
Bounce Back Loans
1,531,095
£46.5bn
CBILS
98,344
£23.3bn
Future Fund
1,236
£1.2bn
CLBILS
716
£5.3bn
The level of debt being borne by SMEs, especially, has promoted concern that it could be unsustainable and there is a consensus (which is already being seen) that a large part of the monies lent will not be repaid. Finally, the Institute for Government considers that Covid-19 will have cost the public finances £394bn in 2020/2021. Insolvencies Not unsurprisingly, given the various support schemes available to businesses, Corporate insolvencies for early 2021 were 20% lower than the same period in 2020 and 37% lower than 2019 and overall insolvencies for the year 2020/2021 were lower than the previous 12 months, with the construction sector continuing to lead the field. In July 2021 there were 1,904 registered company insolvencies and unfortunately this was 13% higher than the number registered in July 2020 but was 24% lower than the number registered pre-pandemic in July 2019. Of those corporate insolvencies to the end of March 2021, there have been 129,748 overdrawn director’s loan accounts, compared to 61,983 in the previous year with an average amount outstanding of £78,482. What this shows is not only the level at which directors are using the company’s money for their own purposes, but also an increase in the frequency by which this is occurring. Again, these are just the companies that we know of, i.e. the ones that have entered an insolvency process. However, and on a more positive note, and following a recently concluded survey by R3, in 2019 restructuring and insolvency professionals rescued 297,000 jobs, saved 7,200 businesses and returned a combined £1.82bn to creditors in corporate and personal insolvency cases. The next six to 12 months is going to be a challenging time for a number of businesses and sectors who will have to cope with the combined effects of lockdown AND the country easing itself out of lockdown. The various headwinds that businesses will see include the end of furlough, the Government-backed loans starting to become repayable, the various suspensions on enforcement processes, such as the use of statutory demands and winding-up petitions, will fall away at the end of September 2021 (although the limit above which a petition can be presented has been temporarily increased from £750 to £10,000) and commercial landlords being able, again, to forfeit a lease for non-payment of rent (although this suspension not due to be lifted until March 2022). 1st October 2021 will also see an impact on the enforceability of ipso facto clauses in certain circumstances being curtailed. What is clear is that, whilst the past 18 months have had their challenges (and opportunities for some), the next 12 months will also have its challenges (and opportunities). www.birminghamlawsociety.co.uk 13
COMMITTEE NEWS WHAT IS POSSIBLE USING LEGAL TECH AND WHO NEEDS TO KNOW? Birmingham Law Society Legal Technology Committee is collaborating with LawTech London to provide a series of Legal Tech Meet Ups on the topic of “The Art of the Possible: Deploying Technology in Legal Services”. Held monthly online, the sessions will involve law firm practitioners, their clients and service providers offering their stories of collaboration to create new ways of working. These sessions are for everyone, whether engaging for the first time, fine-tuning thinking or looking for inspiration. During the pandemic courts and service providers have experienced change in the ways they operate. “Consumer” expectation has shifted too and that touches provision for every firm: ABS, private practice, free-lancer or in-house lawyer. Sustaining the momentum for change is the biggest challenge facing many. This is a great time to re-calibrate and learn from what others have already attempted. Birmingham Law Society and LawTech London’s shared intention is to create a sense of community in which everyone is able to participate and learn. We want people to feel that legal technology is accessible so that they can sustain and deepen relationships with clients, and, at the same time, maintain the highest standards of quality and service. Big firms and their corporate clients embarked on the journey to “digital transformation” some years ago. “Innovation” was a buzz word before the pandemic and they have been able to capitalize on their early adoption. There is much to learn from their experience. 14 www.birminghamlawsociety.co.uk
In these sessions we will share examples of just such stories of success. None of them were achieved without set-backs along the way. The hope is that, by hearing first hand from key players, people can be inspired to explore possibilities for themselves and their clients. No matter what size the enterprise, the same ingredients are required to create change; an ability to look up from the day today and let go of approaches which may be time-served; to collaborate deeply to discover what the problem really is; to be creative; to risk failure in the hope of success. These features are all characterised by higher-order human skills. No matter how wary we may feel about the impact of the shift to digitally-enabled services in law, the one thing in which we can all believe is that fundamentally this is a story about human need and human endeavour. You do not have to be a technologist in order to engage in change. Human skills are at a premium and will distinguish any service provider. People with the right skills, experience and expertise are crucial to high quality provision and cannot be replicated by algorithms. The Birmingham Law Society Legal Technology Committee was established in January 2021 with the intention to inspire, engage and educate lawyers and allied professionals at all levels in all kinds of legal service providers. We volunteer our time because we are passionate about the value of law in our communities, our economy and our society. We share a values-led, human-centered approach with the LawTech London community. We hope you will join us.
BLS Legal Tech meet up: The Art of the Possible: Innovation & Tech - What clients want 13th October 2021
Legal Technology Community 60% of 2,000 people surveyed would not approach a lawyer even if they were in need of legal support, which tells us two things. 1. Lawyers need to change the way they offer services to improve accessibility. 2. There's a fantastic opportunity to explore an untapped market for smaller firms! We need an innovative transformation in the way that lawyers are providing legal advice, including using client friendly language.
Client benefits from innovative lawyers
A huge thank you to Sarah Holford from Scania and Tony Randle, for an incredibly interesting and educational insight into what clients actually want from their legal advisors. Thank you also to all those who attended and to LawTechLondon and SuperTech for your support and collaboration.
The 7 most expensive words in business...
Improved communication and customer engagement we-have-always-done-it-that-way Efficiencies in time and costs Client engagement (without the face to face meeting) Consider the long term cost to your Quick turn around (use of AI tools) business if you do not seek Matter management (consistent and concise instructions) innovative action, rather than the Quick contact and support (automated processes) cost of implementation
"Innovation is not about tech or people, it is about tech AND people." If technology can help achieve better and quicker lawyering, it offers lawyers the time focus on client empathy, business understanding and support. Improving the client experience through the use of tech innovation. Clients want to be comfortable in what they do and on the right side of the law. Agree what success looks like and measure from that perspective.
Be proactive in innovation and seek solutions now, rather than reactive once your legal services have falled behind client expectations.
Points to consider Lack of diversity across the development of AI and legal technology Consider changing processes to fit technology as well as changing the technology to fit your processes! Larger firms should contribute a catalogue of helpful legal technology to support SME law firms
Broader services Clients are not only looking for savings in time and costs, but also developing efficiences and improved standards of service. They are seeking the convenience factor from a legal advisor who will offer the do's and dont's of staying on the right side of the law, while showing understanding and consideration of the client's preferences for business needs, ethos and styles of working. Clients need easily digestible legal advice in a way that can be presented back to their internal teams without the need to rewrite or translate the content. An excellent legal advisor offers a one stop shop for all client needs: training, legal work, advice and technology solutions.
OPINION
the impact of these can continue for much longer, representing a continued present-day risk. “When buying a property in an affected area, purchasers should be encouraged to look at mining reports to see if there have been any claims on the property, and if there have, to satisfy themselves that any damage has been repaired. “They should also look to see whether the property has ever been notified under Section 46 subsidence legislation as this is a good indicator that the operator of the mine thought there would be subsidence. “If we look at one example, in Coventry, a colliery worked under the town of Coundon. We can see that the area affected at the surface by mining activities is in fact much greater than the area of coal itself, which people are often unaware of. We call this the ‘Zone of Influence’ (ZOI) and determining the ZOI is a complex three-dimensional calculation based upon the depth and slope of the workings, together with the surface terrain.
THE LEGACY OF COAL MINING With less reliance on fossil fuels and a push towards more sustainable energy, it seems the life span for coal as an energy source is reducing around the world. In fact, an article*1 in the Observer newspaper questioned whether we are facing the imminent end of Coal as an energy source in Britain. Looking back through history, UK coal production was around 70 million tonnes a year in the mid-18th century and grew to a peak of just under 300 million tonnes by 1913 according to the UK Government figures. Residential use of the fossil fuel has however largely ended and just eight million tonnes was reportedly used by UK industry in 2020, with only two million supplied from UK sources.
In 2020*2 however, almost a quarter of all residential property transactions were located in coal affected areas. On top of this, over 10 million properties across GB are said to be located in a coalfield area, meaning lawyers have a duty of care for clients – and the lender if a mortgage is involved – to ensure related risks are investigated, to limit future claims against professional indemnity.
While areas such as Wales, Lancashire or Yorkshire may be considered to have been the country’s primary mining areas, a great deal of mining activity has taken place across the country, so doing research into related risks is recommended.
Today, UK mining has virtually stopped, having fallen from 3,000 mines at the peak to just 6 now, with coal representing approximately five per cent of overall annual energy usage.
I spoke to Phil Huddleston MRICS, a Director of PinPoint Coal Ltd and former Head of Mining Information at the Coal Authority to discuss what lawyers need to consider when undertaking ground stability due diligence on property transactions:
From the heights of the industrial era, coal production instead leaves behind a significant and long-lasting legacy that will continue to impact the country well into the future. Ground stability poses a real hazard for properties located over or even near mine workings for decades to come and is important to consider when transacting properties.
“Mining coal below the ground can cause subsidence. With deep mining this lowering of the surface takes place over a relatively short period of time. This can manifest itself as tension or compression strains resulting in damage to buildings or quite simply a lowering of the surface and no damage at all. Shallower workings do not consolidate in the same way and
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“Due to the multiple angles, directions and depths often involved, it is not sufficient to simply create a ‘buffer’ around a mine. These complex calculations are important and take into account a huge amount of data, which enables us to assess ground stability risks associated with mining activities with a very high degree of accuracy.” Obtaining a Coal Mining Report enables prospective purchasers to be made aware of the risks and in this particular case to see whether there is any history of damage – including where a claim has been made, or even been rejected. The new Landmark Coal Mining Report – powered by PinPoint – provides all the standard answers required by the Law Society together with (as appendices) additional information about mine entries and claims when they are reported. The reports are supported by professional opinion from a Chartered Minerals Surveyor. While coal mining may be largely condemned to the history books, its after-effects leave behind a lasting legacy that certainly means it shall not be forgotten, and cannot be ignored. 1. https://www.theguardian.com/environment/2020/aug/09/ is-this-the-end-for-king-coal-in-britain https://www.gov.uk/government/statistical-data-sets/historicalcoal-data-coal-production-availability-and-consumption 2• Landmark Information Group data: Over 10 million properties across GB are situated in a coalfield area – this equates to 27.4% of all properties in Great Britain. In 2019, 23% of property transactions took place in a coal affected area according to transaction data analysed by Landmark Information Group.
TIME OUT FOR ADMIN IS NOT TAKING A BREAK
Whilst coaching in the legal sector as Autumn arrives, it seems Summer holidays are a distant memory and Zoom Doom hasn’t gone away! Client expectation seems to be that legal representatives are still working from home so therefore are available at all times. Tempting though it is to work through the time we used to commute, chat or get to meetings there is a fundamental importance in taking a break and we thought we’d do a Jennifer Anniston and share ‘the science bit’ behind a break.
EVENTS & WEBINARS
So what constitutes taking a break? Simply put, it is doing nothing that engages the prefrontal cortex. This means not looking at social media or engaging in another task (a distinction many fail to make). When a person takes a break, they are disengaging their prefrontal cortex. The PFC is generally accepted to control higher cognitive functions including impulses, attention, logical thinking, and decision
making. As the PFC is fully engaged for longer periods of time, these functions can deteriorate. For example, decision fatigue- as identified in a study by Shai Danziger et al- found that judges were more lenient with granting parole when they had just taken a break. Looking at over 1000 rulings, they found that the likelihood of a favourable ruling peaked at the beginning of the day, with a steady decline over the day from a probability of about 65% to nearly zero, before spiking back up to about 65% after a break. A key study to remember if you are having back-to-back meetings or interviews. Sometimes, we consider admin and online networking as a non-work activity and therefore find checking emails or social media during a break acceptable. However, it’s worth bearing in mind that whilst continuing to work with IT equipment, your PFC is still engaged and as the cognitive functions deteriorate, so will your performance. Try popping some blocks in your diary where you can take time to get a cuppa and stretch your legs.
Make sure you (or those who book your appointments) leave a space in between appointments. The other day a partner told me “I literally do not know when I can go to the toilet today!” That is absurd and if we continue to accept this level of relentless output we will destroy our people. Some of us even glorify working without a break- “Power through” is a message we all hear from time to time, but studies have shown that our bodies have a type of clock, known as The Ultradian Rhythm. We have heard of sleep cycles, and this is very similar, continuing through the day also. Meetings that endure for longer than 90 minutes without a break and back-to-back Zoom meetings go against our body’s natural need to heal. If we take notice of our cycles, we can get optimum performance without burn out! One bonus of working from home is that it is far easier to take a break without worrying what you are doing in it. If you must fold washing or undertake a household task, do it mindfully and without I.T interference. I often nip upstairs and take 10 minutes (setting my alarm is a must incase I fall asleep!) to close my eyes and let my body completely shut down for a while. It makes such a difference to my productivity afterward…afterall would you want coaching from someone who hadn’t had some time to mentally prepare themselves following the previous client? Maybe this technique works for you too? Plan in some preparation time before meetings start so you can mindfully prepare and get in the right space …you will be far more effective for your next client, I promise! If you need support on how to build a better lifework balance then do get in touch with us at hello@ guruyoucoach.com
1st November - 5th November Pro Bono Week Events tbc
11th November Newly Qualified Celebration 6:00pm - 8:00pm St Philips Chambers
3rd November How to halt the Great Employee Resignation 12:30pm-1:30pm Virtual
12th November Lunch Club with Preet Kaur Gill MP12:00pm-2:00pm Chung Ying Cantonese
3rd November Virtual RAIL speed networking event 5:45pm - 7:30pm Virtual
16th November Business Email Compromise - Seminar with Western Union Business Solutions 12:00pm - 1:00pm No5 Chambers
23rd November Take control of your career: top tips for young lawyers 6:00pm-7:00pm Virtual
17th November The Art of the Possible: Accessible Ways to Innovate in Practice 1:00pm-2:00pm Virtual
15th December The Art of the Possible: How Every Firm Can Create Great Client Experience 1:00pm-2:00pm Virtual
4th November BLS Networking Event with Harvey Nichols 6:30pm-8:30pm Harvey Nicholls, The Mailbox 9th November Meet the Committee: Family Law Committee 6:00pm -7:00pm Virtual
18th November Compulsory ADR, a new way forward & the changing litigation landscape following Covid-19 5:30pm - 9:00pm, The Grand Hotel 23rd November Domestic Violence Workshop 12:00pm-1:00pm Virtual
To reserve your place and find out more visit
www.birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk 17
REGULATION REPORT
WHAT’S IN A FILE?
WRITTEN BY JAYNE WILLETTS SOLICITOR ADVOCATE WITH JAYNE WILLETTS & CO SOLICITORS
A recent SRA regulatory settlement agreement1 banned a trainee solicitor from working in the profession after he altered the time and date on two emails in an attempt “to keep up with his work”. Reports appear regularly in the legal media such as Solicitor who falsified documents with Tipp-Ex struck off 2 ; SDT strikes off young solicitor who faked documents to cover insurance error 3 and £50k fine for partner at leading firm who “recreated” letters 4. These and other similar reports highlight the regrettable fact that fabricating and backdating documents has become a common area of misconduct.
or to amend existing documents in an attempt to cover up misconduct or plain incompetence. I hasten to add that such misdemeanours are almost always detected by modern day software.
all communication takes place via email. The vast majority of firms appreciate that electronic folders need to be maintained and email chains carefully stored in the client’s file.
This type of misconduct often arises because of failings of file maintenance. File maintenance is not the most exciting topic in the world but it is an area where I am increasingly seeing problems. The art of keeping a comprehensive file seems to have gone out of fashion and does not appear to be covered within law schools or continuing professional development programmes.
However, with the more innovative and informal methods of practice being permitted by the SRA, we are seeing fee earners communicating via text and What’s App – where the chances of storing those messages on the client file are nil. We are also seeing practitioners using Gmail or Hotmail for business instead of a dedicated business email address with the concurrent risk to confidentiality. The risks involved in using such channels to communicate with clients are immense.
The usual reason for concocting documents on the client file is so that the fee earner can hide inactivity or conceal wrongdoing.
There was a time when there would only be a hard copy version of the file with the correspondence and attendance notes in chronological order and a section for documents, drafts, and invoices. The neat order of the file was a source of pride for secretaries and personal assistants and was impressed upon the fee earners as an important skill.
With fee earners ever more IT savvy, it has become more tempting to create new documents
Move forward a few years and letters are a thing of the past and
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Alongside these informal methods of electronic communication is the temptation to engage in casual and familiar language with clients and even in exchanges with expert witnesses and Counsel which are disparaging of clients or the opposition. Such temptation must be resisted at all costs. These are not private exchanges. The SRA can and will investigate on the
basis that there is a breach of Principle 2 i.e. a failure to uphold public trust and confidence in the solicitors’ profession. It should go without saying that the fundamental objective of keeping a comprehensive file is to maintain a cradle to grave record of every communication between the solicitor and the client and with any third party involved in the matter. The file may be requested by the client who instructs a new solicitor. It may be required for preparation of a bill of costs for assessment by the court. It may be required by professional indemnity insurers to defend a claim for negligence. It may be required by the Legal Ombudsman in connection with a complaint of poor service. And, last but not least the SRA may require a copy of the file in connection with an investigation. In any of those instances a complete record is essential. What I have seen in recent months, and was the impetus for this column, is solicitors “tidying up” the file before sending it on to insurers or a replacement firm or even the SRA. By “tidying up” I mean reviewing the handwritten notes and typing an attendance note months or years after the attendance in question and then destroying the original handwritten note. The insertion of a client care letter where none existed in the first place is another inadvisable ruse. Destroying or tampering with evidence and/or doctoring the client file is a very serious matter. If a client care letter has not been sent out or crucial attendance notes not kept you are stuck with the problem but that problem is de minimis compared to being accused of deception by the SRA. There is, of course, no objection to the file being sent as is warts and all. If the recipient cannot read the manuscript notes then the solicitor can be asked to interpret the notes and prepare a typed version to assist understanding but there can no representation that this later typed note is contemporaneous. Taking any steps to doctor a file is foolhardy in the extreme and will result in the SRA alleging lack of integrity at best and dishonesty at worst. There is no short cut. Files have to be kept up to date on a regular basis. It is a boring but essential task which cannot be overlooked. 1. Daniel Hall https://www.sra.org.uk/consumers/register/n/? firstName=DANIEL&lastName=HALL&sraNumber=651323# headingRegulatoryRecord 2. Nicholas St John Gething SDT 12045-2019 3.Kate Sanderson SDT 11662-2017 4. Stephen Evan-Jones SDT 12172-2021
HOW LAW FIRMS SHOULD MITIGATE THE RISK OF BUSINESS EMAIL COMPROMISE In a changing world where businesses and their employees have grown used to working from home and are adopting a flexible approach for the future is it any wonder that business email compromise remains the overriding cybercrime? In sectors such as legal where colleagues have previously relied on each other for advice in the office, new working arrangements rely heavily on employees sticking to processes and procedures. Unfortunately, many businesses continue to fall short, and far too often lone employees are at the mercy of fraudsters who are experts in social engineering and cyberskills. Yet the reality could and should be so different. Despite the data suggesting that business email compromise made up 43% of all cybercrimes loses globally in 2020 (1) and the accumulated losses are now more than $28billion (2) the scam itself remains unsophisticated. Despite the narrative from some commentators, it is not a complicated fraud, and its certainly preventable. Granted the fraudsters are toying with new techniques such as business identity compromise using deep fake videos and synthesized voiceovers. However, in the main, a business email compromise remains a fraud that relies on human traits such as lack of knowledge, indifference, impatience, and somewhat surprisingly that of embarrassment. So, what can be done to adjust the balance and put fraudsters on the back foot? Firstly, lets remind ourselves of what a business email compromise involves. In the main, and in relation to any business conducting financial transactions, it involves someone being deceived into changing banking instructions by way of an email. There are variants such as CEO fraud but in the main, most compromises involve a business receiving new fraudulent instructions to change a payment invoice/ mandate and changing them without conducting the requisite due diligence. Effectively the fraudsters are watching your emails between you and your client/ customer/supplier and then sending you new instructions after you have received the legitimate ones.
and likely beyond. The excuses may have changed such as “my bank manager has died so we need to change the bank details” but its still an email with new instructions. Its still primarily from a lookalike or new email address. Its still asking you make a payment to change to a new bank likely in a different country. So why are businesses not doing the allimportant due diligence and just picking up the phone? Is it embarrassment that they have potentially been deceived by something so simple as a single email? Is it the belief that they are unlikely to be a victim of fraud because they can “spot” them a mile off or it only happens to someone else? Whatever the reason the fraudsters are still, to an extent, winning. Business email compromise can and should be a thing of the past. Have a process in place, pick up the phone and protect your money. Don’t be another statistic. The answers and solutions are entirely in your hands. Literally. To help you understand further about business email compromise and how you can potentially mitigate the risk to your company and clients please join me on the 16th November 2021 at No 5 Barrister's Chambers, Fountain Court, 5 Steelhouse Ln, Birmingham where I will be presenting on Business Email Compromise as part of our partnership with Birmingham Law Society. During the conference I will go through all the red flags associated with this fraud and show in detail how to mitigate the risk. I will also explain the different typologies and methodologies used by the fraudsters and go through some case studies and take any questions to help you with your continued professional development. Register here: http://mk.westernunion.
com/BLS-Email-Compromise
Source: IC3 – Federal Bureau of Investigation Internet Crime Complaint Center. www.ic3.gov
Has much changed since the FBI first starting recording business email compromise crimes in its own category? To be honest the methodology has not evolved or indeed needed to. The fraudsters as previously mentioned are developing new methods of impersonation and not just a reliance on a simple email but in truth the same techniques are in place and in play that were used as recently as four years ago as we see now during the pandemic www.birminghamlawsociety.co.uk 19
album. Pre-lockdown we had recorded the 50 or so live takes for each song. Editing all of that down to 13, 4 minute, finished pieces was a marathon. Instead of gathering together around a monitor in a darkened room, it all had to be done via Dropboxing files and emailing ‘notes’.
The Lost Notes: L to R, Max Tomlinson, Ben Mills, Lucy Mills, Silas Wood & Oli Jobes. Pic by Graham Leonard
OUT OF HOURS
“LOWLIFES & HIGH TIMES” LIFE AT THE CRIMINAL BAR OR THE PRODUCT OF AN IRRESISTIBLE CREATIVE IMPULSE?
Trying to work as a full-time musician/actor after university was a lot of fun. But even great songs like “Mustang Sally” lost their appeal after bellowing them out seven days a week to increasingly drunk and only moderately interested wedding guests, corporate crowds and Reeperbahn loiterers. Equally, the three hours a day of tele-sales to help pay the London rent didn’t help things. So after three years, something had to change. Deciding that music was not going to be at the heart of how I made my living was one of the most difficult decisions I’ve ever made. It was only then that I became aware of what a barrister was and that it offered the possibility of a job which felt both socially valuable yet still offered the opportunity to perform in front of an audience. For the avoidance of doubt, I am not suggesting that should appear in the government’s next artist diversification advert. But it worked for me. Early life at the bar meant that music took a back seat. But in 2014 I decided to abandon all covers gigs and start a band which would only write and perform original music. I met Oli Jobes, a local finger-picking guitar virtuoso, and between us we built up a bank of 15-20 original acoustic roots/Americana songs. We started off at open mic slots as The Lost Notes and soon received invites to headline club nights and appear at festivals. We brought in Lucy Mills to share 3-part harmony vocals, Max Tomlinson on drums and Silas Wood on double bass.
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We assembled a great team including Mark Ward, a wonderful BBC sound engineer/editor, along with Nick Cooke, an ex-Sony Music mastering engineer favoured by the likes of Kate Rusby, and our French Graphic Designer, Cyril Terrier, who had done the artwork for our first album. There’s nothing like sweating over audio-editing software at 2AM, trying to edit out loud breaths, lip smacks and errant guitar knocks to help you forget about professional woes and global pandemics. In December 2017 we released our first album Run Free Right Now. With positive reviews in international Magazines [Maverick Country Music Magazine: “Sublime…fearless and entertaining; extremely clever songwriting ...wonderful”] our reputation started to grow, leading to 3 or 4 gigs a month. One of the great things about performing music is that it takes you to people and places you might otherwise never visit. From the small folk club off a Black Country side street, to backstage on the bill with The Levellers, Teenage Fan Club and Nick Mulvey. On the acoustic music scene at least, whatever their life journey, most people who attend to play or listen all share a deep love of music. Audiences listen and drink rather than drink and chat. They are, by and large, fabulous, warm, welcoming places and a priceless antidote to the all-consuming stress of life at the Criminal Bar. Professionally, one of the hardest consequences of Covid 19 was the inevitable drop in court work commitments. But it also ravaged the live music industry. Like bands across the country, our summer of festival bookings and regular club gigs was decimated. All but one festival was cancelled. The mighty Beardy Folk Festival in Cleobury Mortimer soldiered on and it was magical. Everyone who attended, whether performer or audience, was reminded of the privilege, intimacy and deep joy felt by the shared experience of music. It has to find a way back. But the pandemic also provided the opportunity to finish our second
Between us, that process alone took over 1000 hours. Then it was finished. “Lowlifes & High Times” was released on 5.12.20. No repeat of the raucous launch gig we’d so enjoyed last time around. But it was out there. Whilst professional achievements bring a certain amount of satisfaction, for me, they don’t come close to this. Throwing your own creative work out to the wolves of the world is something you have to brace yourself for. But, equally, there is nothing like receiving a favourable review. When BBC Introducing WM chose to play a track it was a moment of great joy and relief [BBC Introducing WM: “Brilliant, brilliant, brilliant! I love it!”]. But there’s another side. The songwriting, rehearsing, recording and editing amounts to well over 2000 hours work. Then comes the marketing and promoting. Hard copy CDs are produced and, inevitably, the album is made available on streaming services such as Spotify, Deezer, iTunes and the like. If you’re interested in hearing our music you could treat yourself to a CD or download it at www. thelostnotes.co.uk/shop, iTunes and Amazon etc. www.thelostnotes.co.uk @homeofthelostnotes Ben Mills is a Specialist in Regulatory Crime at St Philips Chambers, Birmingham and a Recorder of the Crown Court on the Midlands Circuit.
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OUT OF HOURS CELEBRATE IN STYLE THIS CHRISTMAS TIME WITH FAMILY & FRIENDS AT BIRMINGHAM ROYAL BALLET The Nutcracker has been an important part of Christmas in Birmingham since the Company arrived in the city over 30 years ago. This year, Sir Peter Wright’s original production is being given a year out for necessary refurbishment to prepare it for the next 30 years of performance. Instead, Birmingham Royal Ballet is bringing its gloriously immersive Royal Albert Hall production, which has been performed to packed-out audiences in London since 2017, to Birmingham Hippodrome. While Sir Peter Wright’s classic Birmingham production takes a one-year rest for necessary refurbishment, Sir David Bintley’s version for the Royal Albert Hall offers a thrilling alternative in which Tchaikovsky’s glorious score is centre stage, with the Company’s orchestra, the Royal Ballet Sinfonia, playing live from a platform raised above the stage. The ballet opens on a snowy street scene which features Drosselmeyer’s toyshop. The action then moves to the Stahlbaums’ house, where, against a wall of sparkling mirrors, their beautiful Christmas tree provides the centrepiece to a fabulous party. Then comes the scary midnight world into which King Rat enters with a roar of flame and a flash 22 www.birminghamlawsociety.co.uk
of smoke to do battle with the Nutcracker doll and his band of toy soldiers, and then the land of snow becomes a swirling, whirling pattern of snowflakes for as far as the eye can see. All of this is enhanced by beautiful projections from award-winning 59 Productions which will transform Birmingham Hippodrome’s auditorium and pull the audience into the heart of the action. And at the forefront the Company’s world-class dancers taking on the iconic roles of Clara, Drosselmeyer, the Nutcracker Prince and of course the Sugar Plum Fairy. With 28 performances, there are opportunities for many of the company to take on the leading roles, and as always this year will see a number of dancers debuting in roles, alongside many Company favourites reprising roles they’ve made their own over the years. There’s so much to delight in this production, whether you’re yearning for a
hint of nostalgia and remembering past pleasures, or looking to start a whole new tradition for your family or friends. Don’t miss your chance to start Christmas in style. Book direct at Birmingham Hippodrome by clicking here Or if you’d like to know more about supporting Birmingham Royal Ballet through corporate opportunities or individual giving, contact Emma Thompson
Images: The Nutcracker at the Royal Albert Hall. Photos © Andrew Ross.
Director Carlos Acosta
The Nutcracker 20 November – 11 December
Karla Doorbar as Clara. © Richard Battye
birminghamhippodrome.com
