Birmingham Law Society Bulletin November 2018

BIRMINGHAM LAW SOCIETY

BULLETIN ONE PROFESSION

ONE REGION

ONE VOICE

BIRMINGHAM LAW SOCIETY BICENTENNIAL BALL!

IMPLEMENTING

MINDFULLNESS

IN THE WORKPLACE

INTERIOR ESSENTIALS FOR WINTER IMPLEMENTING SRA TRANSPARENCY RULES EFFECTIVELY Your monthly update from the

Birmingham Law Society.

November 2018

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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 carey@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to Jason Hadden at editorial@birminghamlawsociety.co.uk

Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2018

BLS BICENTENNIAL GALA BALL

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President’s Letter Birmingham Law Society’s President, James Turner.

Event Gallery. Oh what a night! Pictures from the Birmingham Law Society Bicentennial Ball.

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

Regulation Report. Jayne Willetts on implementing the SRA transparency rules.

Best Practice. Dan Lubasik on Anxiety within the legal industry.

Best Practice. Mindfulness and how to implement it into your daily life.

Out of Hours. Interior essentitals, cosy comfort food, real wine gums and Pint Shop comes to the city.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2018 - April 2019 President: James Turner Vice President: Linden Thomas Deputy Vice President: Inez Brown Joint Honorary Secretaries: Chaitali Desai and Sophie Samani Board of Directors 2017 - 2018 Chairman: Eileen Schofield Ex-Officio: Andrew Beedham Vice Chairman & Director: Prof. Bernardette Griffin Finance Director: Ben Henry Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: Dee Kundi Director: Tony McDaid Director: Regan Peggs Ex-Officio: James Turner Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

LITIGANTS IN PE

On 25 September BLS partnered with the Employment Lawyers Association (ELA) and Judges of the Employment Tribunal to hold a meeting to discuss the creation of an Employment Tribunal Litigant in Person Support Scheme (ELIPS) in Birmingham.

The event was very well attended. I am grateful to Judge Brian Doyle, President of the Employment Tribunal, for attending to give his perspective on the issues arising.

Those attending heard presentations building on the work undertaken in London and Cardiff where successful schemes are already in place. We were provided with a very useful FAQ document. As a result sufficient numbers of Employment Specialists in our region signed up to staff the scheme. I am pleased to confirm that on 5 October 2018 the first clinic for Litigants in Person was held at the Tribunal and was a resounding success.

Although the introduction of fees saw a reduction in the number of claims those have now risen by 165% since mid-2017, when the fee scheme came to an end. The Tribunal is recruiting 54 full time salaried Tribunal Judges but those will only be inducted and effective from April 2019. I understand there are plans to recruit further fee paid Tribunal Judges in later 2019.

It is hoped that this will improve the administration of the Tribunals, cut down on delays in listing and allow for more robust case management.

4 www.birminghamlawsociety.co.uk

Volunteers will attend the clinic on the first Friday of each month on a rota. It is hoped that for any individual the number of attendances will therefore not prove problematic. The cause list will be sent to the volunteer in advance to avoid conflicts of interest arising. Students from local Universities will staff the triage surgery to ensure that those who have hearings listed on the day are priorities and to perform a gate keeping exercise for initial advice.

The acid test of the scheme will be the provision of early advice. The intention of the Tribunals was that claimants could represent themselves. In reality however the hearings and jurisdiction have become more complex such that litigants in person face significant challenges. Advice agencies are not properly funded and there is of course an absence of public funding for claimants. As a consequence of lack of access to early advice claimants rarely appreciate what they can and cannot claim, are not aware of time limits and find it impossible to properly assess the value of their claim.

As a criminal law specialist I reflect that the civil courts would be well served by the introduction of a statutory duty solicitor scheme. It ought not to be the role of solicitors to band together to undertake such work on a pro bono basis but is a sign of the generosity of those individuals and the times we live in that it has become necessary. My hope is that the Treasury and MoJ will take note of the schemes now provided in Birmingham, London and Cardiff, which provide a significant resource but that the resource is not available nationwide.

BLS supports The Law Society campaign with regard to access to early advice. There is clearly a case to be made for the financial savings provided by ensuring that litigants have access to expert advice at the inception of a case. In my field the advice of the duty solicitor prevents the unnecessary listing of a vast number of cases for trial where there is no defence, no understanding of the law and importantly ensures that in

ERSON

A GIFT FOR CHRISTMAS TO A CHILD IN HOSPITAL

One of the amazing things about Birmingham is that whilst it is the second city in this country, for many who work here it is simply a community of friends and of colleagues.

The Birmingham Law Society has spent this year rejoicing in its bicentennial, a remarkable event for any Law Society. But to mark the next two hundred years one of our initiatives is to try and do something special with another fantastic institution in this great city. We need your help.

those cases where the defendant may be ignorant of the law, the sentence they receive is proportionate and fair.

For those embarking on this pro bono initiative you have the thanks of the Judges, the Bar Pro bono Unit, LawWorks, the Free Representation Unit and BLS. I am confident that you will experience the vast satisfaction that is felt by duty solicitors in the criminal courts. The work will be varied, unpredictable and there is huge scope to make an impact on the course of cases for LIPs. There are sufficient volunteers to launch the scheme but I anticipate further volunteers could be accommodated and would be welcomed. Those wishing to become involved should contact Nick Walsh to volunteer by email to elips@elaweb.org.uk.

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

We would like you to buy one extra present this Christmas. One present for a child who may well be spending Christmas Day in Birmingham Children’s Hospital. A Gift for Christmas.

One little present will make the world of difference to a child in pain. We would like this to become an annual donation of Christmas gifts, so please act generously.

You can drop off presents right up until 20 December 2018 at either the Law Society’s office or St Ives Chambers.

Spending Christmas Day in hospital can be an upsetting and an overwhelming time for many families and with this initiative we want to try and ensure that children and families staying at the hospital during this time have a joyful Christmas. The children’s hospital has special Christmas elves who give up their time to ensure all of the children who spend Christmas at the hospital, have presents to open throughout December and most importantly on Christmas morning! This is our chance as lawyers, as friends, to give a little extra.

The Children’s Hospital would ideally like for you to donate toys and presents for 0-two years (sensory toys are great) and/or 12-16 years please. (Gift cards and arts and crafts materials are perfect for teenagers and some of their larger wards).

Please be aware they can only accept brand new toys that are in their original packaging. Unfortunately, cuddly toys are not allowed as they could bring infections in from the outside which could be potentially harmful to its patients.

Or if you’d like to do something extra special, consider giving a gift that will keep on giving, by making a donation to the charity’s Christmas appeal – Moments of Magic. This will allow the charity to continue delivering

its ‘magic’ to kids all year round – and not just at Christmas.

Your kind donation could go towards giving a child a giggle at their bedside, fund key research to help the hospital on its journey to beat childhood illnesses, or kit out play areas to make sure every stay is as enjoyable as it can be. Whether you can donate £5 or £50, your support this year will help to sprinkle some magic where it’s most needed within the hospital.

Plus, any donations made between 27 November and 4 December will be match funded by an initiative called The Big Give, meaning your money will go even further for the hospital’s sick kids and their families.

A little about Birmingham Children’s Hospital and Charity Birmingham Children’s Hospital is a leading UK specialist paediatric centre, offering expert care to over 90,000 children and young people from across the country every year.

Delivering some of the most advanced treatments, complex surgical procedures and cutting edge research and development, the hospital treats one in five children from Birmingham and one in eight from the wider West Midlands.

Every patient and family at Birmingham Children’s Hospital will have been touched by the hospital’s charity in some way. As a result, it continually strives to do more for the sick kids in its care, whether that’s refurbishing a playroom or ward, funding a state-of-the-art piece of equipment or giving them a present on their birthday.

But the impact of fundraising is much more than just financial – it makes a real difference to the services the hospital provides to children and their families during some of the most difficult times.

Thanks to all of its supporters, the fundraising team has helped to push boundaries and improve standards of excellence in research, education and treatment at the hospital.

For more information contact Becky Lynch on 0121 227 8700 or becky@birminghamlawsociety.co.uk

www.birminghamlawsociety.co.uk 5

BICENTENNIAL BALL

The Birmingham Law Society Bicentenary Gala Dinner celebration welcomed over 600 people to the ICC Birmingham. The celebrations included themed live entertainment, a luxurious four course dining experience created by Michelin star chef Glynn Purnell, aerialist performance, Soul & Motown music from live band Soul’d Out and Free Radio DJ Dan Kelly.

The event compere and entertainer for the evening was impressionist Rory Bremner.

All of which was produced and managed by Birmingham Event Management Company, AllinAll Events.

The night was a huge success and to celebrate the bi-centenary of Birmingham Law Society. The event was sponsored by Aston University, Cornwall Street Chambers, Eminent Crisis Management Group Ltd, Irwin Mitchell, Landmark Information Group, Lloyds Bank, No5 Chambers, and Oosha The Society raised over £8000 with a fabulous balloon raffle for charities Headway the Brain Injury Association and the Jeff Astle Foundation.’’

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SOCIETY NEWS

RICHARD GIBBS JOINS THE EU LAW COMMITTEE OF THE BAR COUNCIL OF ENGLAND Richard Gibbs of No5 Barristers' Chambers has been asked to join the EU Law Committee of the Bar Council of England He has served as an elected member of the Bar Council since 2014, being re-elected in 2017 and joins the EU law committee at a time when much work is being devoted to the considerations stemming directly from Brexit and the future relationship between the UK and the EU.

CALLING ALL JUNIOR LAWYERS! We are advised very early on in our legal careers that networking is an integral part of our role as Junior Lawyers, whether you’re a Legal Assistant, Trainee or NQ, you are reminded of the importance of networking and building contacts outside of your firm.

has been around for over 175 years. Our networking socials have proven to build long lasting relationships within the legal community and our links with non-lawyering groups such as BCASS facilities our members to build important contacts for the future.

However, for a large percentage of us, networking is definitely not our idea of ‘fun’!

Wouldn’t it be great to have the opportunities to build your network and get to know more junior professionals in and around Birmingham but in a casual and completely informal setting?

Absolutely! That’s what being a member of the BTSS is all about! It’s an organisation aimed at hosting events that transition you from a networking novice to a networking pro!

We also work very closely with BPP University and University of Law to host a variety of events tailored to students and aspiring trainees and paralegals. Members get to mentor students and provide them with tips and tricks to secure that elusive training contract. This year we’re hosting events such as speed networking, trainee talks series, panel talks and firm tours.

Who are the BTSS? The BTSS are an organisation focused on uniting Junior Lawyers in Birmingham. We are made up of over 360 Trainee Solicitors, Paralegals, Legal Assistants, NQs (up to 3 years) and Post-Graduate Law Students from across Birmingham and the West Midlands.

Why is BTSS different?

Not only do we organise some of the best social events in Birmingham (such as Beer Pong, the Summer Party and the Annual Winter Ball to name a few) but members also get the chance to compete for the ‘Inter-Firm Sports Trophy’ or the IFST as its commonly known.

The IFST is a tournament comprising 6 sports events that run from June – November each year. This year we have 18 law firms entered in the tournament, each competing to win that top spot and take home the Trophy at our Annual Winter Ball. A milestone for our committee this year is the introduction of Laser Tag and Virtual Racing. Other sports in the IFST include rounders, netball, football, dodgeball and bowling.

Developing with BTSS Unlike other networking groups, BTSS 10 www.birminghamlawsociety.co.uk

Our social purpose It’s not all about training and networking! BTSS nominate a charity each year to support and this year our nominated charity is Free@Last.

Free@Last is a charity committed to improving the lives of the children and young people of Nechells in Birmingham to turn a community of poverty into a community of prosperity and opportunity. We hope to support Free@Last in as many ways as possible, including hosting a raffle at the Annual Winter Ball.

What’s on next?

You don’t have to be a BTSS Member to take advantage of our events, for a small fee you can purchase a non-member ticket or join the Members at your firm competing in the IFST. Our next social event is a Quiz Night on Friday 2 November 2018 and our next IFST event is Bowling on Thursday 8 November 2018. More details of these and future events can be found on our website: www.thebtss.co.uk If you are interested in being a member of BTSS or receiving our monthly newsletter and invites, please email the Chair jas.atwal@anthonycollins.com or the Liaison Officer shapla.begum@ freeths.co.uk

The Bar Council’s EU Law committee exists to monitor and address legal issues emanating from the EU including policy and legislative proposals from the various EU institutions, and importantly to then co-ordinate responses to policy issues which arise. This includes liaison with various Specialist Bar Associations, Circuits and Bar Council Committees on such issues and to make representations to the appropriate bodies.

Richard Gibbs said: “I am delighted to have been appointed to the EU Law Committee at this crucial time in the development of the legal framework which will surround Brexit but which will also shape our future interplay with the EU."

VWV VOTED LEGAL FIRM OF THE YEAR AT CITY OF BIRMINGHAM AWARDS

VWV has received the 'Legal Firm of the Year' award at the City of Birmingham Business Awards 2018, which celebrates the best of Birmingham business.

First opened in 2013, the Birmingham office has achieved impressive growth rates of over 50% in each of the last two financial years.

Key to this award win is VWV's involvement with the local community and its commitment to promoting Birmingham as a vibrant professional city. For example, its lawyers hold voluntary positions for the Chamber of Commerce, the Birmingham Law Society and the Birmingham Civic Society amongst others.

VWV Office Partner Clive Read, who has also been shortlisted for 'Professional of the Year' at the Birmingham Awards 2018, commented: "What an honour to receive this prestigious award! This recognition is testament to the team's dedication, passion and commitment to the city. At our heart, we are all about our people and I am convinced that our success is as much down to our approachable, friendly people, as it is to the high quality legal advice we provide."

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SOCIETY NEWS

LUNCH CLUB WITH… PEACHES GOLDING OBE The latest lunch club saw the Lord Lieutenant of Bristol visit us in Birmingham (with the Queen’s permission). It was the first lunch club at our new venue at Revolucion de Cuba and it worked brilliantly. Everyone was really impressed to see the renovation work on the old Law Society library in daylight! The food was delicious and plentiful and having a voucher for drinks rather than just wine (although wine was still available on the voucher) was much more flexible.

Peaches Golding was, as expected, a hugely entertaining speaker giving a valuable insight into her career and challenging stereotypes of black women in the boardroom. She gave many pieces of advice which will be used- unfortunately the one about never being photographed holding a drink is far too late for me but others may note! Peaches is clearly a formidable force for change and whilst having achieved so much already with her initiatives, she was able to inspire all who attended her lunch club.

The next lunch club is 9 November with Dr Steve Walker Chief Executive of ART business loans. He has many anecdotes about the people he has helped as well as views on finance policy and support for small businesses and social enterprises.

Steve was responsible for organising financial support for Glynn Purnell for his first restaurant, so has an insight into the early career of the Chef who designed the amazing food at our Gala Dinner.

Remember lunch club is designed to be an enjoyable informal lunch once a month with an interesting speaker and networking. It is priced to be accessible to all members and non-members so do bring friends along- its £15+VAT for members and £20 +VAT for non members. Come along and give it a try.

Catherine Edwards, Director of Learning and Development

WESLEYAN FOUNDATION HITS £1MILLION MILESTONE The Wesleyan Foundation has now awarded a total of more than £1million to good causes since its launch just over a year ago, it was announced today.

The Foundation, launched by the Birmingham-based financial services mutual Wesleyan, has awarded the money in the form of more than 200 separate grants to charities, community groups and social enterprises across the UK. The Foundation was set up in the summer of 2017 to support projects that are important to Wesleyan’s customers and the communities in which they live and work.

The charity to receive the millionth pound was ‘Sensory Learning & Play, a Nottingham-based group set up to help children with disabilities, additional needs and behavioural needs, including autism and ADHD. It runs daily activity sessions including social groups, sensory play, arts &

crafts and mentoring to children across the region.

Nathan Moss, Chair at Wesleyan, said: “When we set up the Foundation last June, we set ourselves an ambitious target of supporting 100 causes in the first year and I’m delighted to say that we’ve doubled that.

As a mutual we’re committed to giving our customers a say on how we support communities and charities, which we’re able do through the Foundation.

The organisations we’ve supported all have a place in our customers’ hearts, so it’s a privilege for us to be able to support the great work they do in their communities.”

The Wesleyan Foundation partners with the Heart of England Community Foundation, which administers the funding and distributes it to organisations across the UK. For more information about the Wesleyan Foundation and to apply for funding visit www. wesleyan.co.uk/foundation/.

APPOINTMENTS UPCOMINGEVENTS Higgs and Sons have made two new additions to their Property team. Vikki Seal, who brings with her 20 years of experience, has joined the firm from Shoosmiths where she had worked in the plot team for the last four years. service.

Joining her is Jennifer Hicks-Jones who joins the firm as an associate, with a portfolio of major corporate landlord and tenant, property finance and development expertise for a wide range of clients.

Meanwhile, The arrival of two new partners has boosted the commercial team across Harrison Clark Rickerbys’ offices. Specialist technology lawyer Charles Drayson, based in Worcester, brings more than 25 years’ experience working with IT and software firms to the team and leading education sector expert Emma Swann, who will be based in the Wye Valley office, is a member of the Department for Education’s academies working group and has led on more than 140 academy conversions.

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Solicitors Account Rules 2018 Half Day Session 7 Nov 1.30PM to 4:30PM. 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT Lunch Club with... Dr Steve Walker ACIB 9th Nov 12 PM to 1:30 PM Revolution De Cuba 8 Temple Street Birmingham, B2 5BN Annual Compliance Update 2018 14th Nov 1 PM to 4:30 PM Anthony Collins 134 Edmund Street Birmingham, B3 2ES Advocacy Training 15th Nov 12:30 PM to 4PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR Newly Qualified Solicitor and Barrister Celebration 15th Nov 6 PM to 8 PM. Victoria Law Court Corporation Street Birmingham, B4 6QA AI and legal analytics in litigation- round table event with Thomson Reuters 20th Nov 9 AM to 12 PM 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT A guide to Coronial Law 30 Nov 12.30PM to 3PM St Ives Chambers 1-3 Whittall Street Birmingham, B4 6DH To book visit: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk

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REGULATION REPORT

involved with that area of work. It will be important to institute a regular review process for what will now be shown on the website for these purposes as the required information will be subject to change and includes: • the number of years’ post qualification experience the fee earner has; • the estimated numbers or examples of cases they have dealt with in given areas; • their percentage breakdown of time spent in different areas of work; and • the level of complexity or the types of issues they typically deal with.

THE PRICE IS RIGHT

IMPLEMENTING THE SRA TRANSPARENCY RULES

Written by Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors The SRA has now published its guidance on the new price transparency rules due to take effect in December.

The exact date for implementation has not yet been published by the SRA. Whether it is 1 or 31 December, firms need to begin work urgently in preparation for these changes.

The rules go much further than simply putting on the website a vague estimate of what a firm may charge.

The guidance provides details of what the SRA will expect to see on firms’ websites to be compliant. Firms without a website must make the information available on request such as in a pricing brochure.

To a certain extent, the guidance can be viewed as “best practice”, but as with all SRA guidance, if it is not followed, it will be necessary to explain how compliance was achieved in other ways. There are templates included with the guidance which might prove a useful starting point.

• the basis for the charges, including any hourly rates or fixed fees; • the experience and qualifications of anyone carrying out the work, and of their supervisors; • a description of, and the cost of, any likely disbursements, and where the actual cost of a disbursement is not known, the average cost or range of costs; • whether any fees or disbursements attract VAT and if so the amount of VAT they attract; • details of what services are included in the price displayed, including the key stages of the matter and likely timescales for each stage, and details of any services that might reasonably be expected to be included in the price displayed but are not; and • in relation to conditional fee or damagesbased agreements, the circumstances in which clients may have to make any payments themselves for the services (including from any damages).

The following details must be given:

Costs information must be clear and accessible and must appear in a prominent place on a firm’s website. It is already a requirement at Outcome 1.13 of the Code of Conduct for clients to be provided with the best possible information about the overall costs of a matter, but the Transparency Rules go further than this. They require specific figures for the overall cost to be provided, the only leeway being that the average cost, or a range of costs, could be provided as an alternative. However, if a firm publishes a range of costs, it will need to set out the basis for its charges, including any hourly rates and the types of factors that will determine what the final price will be.

• the total cost of the service or, where not practicable, the average cost or range of costs;

Firms are also required to provide a detailed profile of every fee earner who might be

In summary, costs information must be published in relation to: • For members of the public – residential conveyancing, probate, immigration, motoring offences and employment tribunals, and • For businesses - debt recovery, employment tribunals and licensing applications for business premises

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It follows that in addition to preparing or updating the partner and fee earner details on your website in advance of the implementation date you should also conduct a review of your various retainer precedents in use across the firm to ensure that the website information tallies with the more detailed proposals then made to clients when instructions are received.

This is likely also to require a stricter control on the mandatory use of standard and approved retainers than is currently the case in many firms.

Other considerations include: • how and where the information will appear on the website; • will the information be static or dynamic i.e. can the client input their own data to obtain a quote; • how the information will be kept up to date and who within the firm will be responsible for this; • documenting what is typically involved in the services offered and the factors that cause variations; • considering price comparison websites; • thinking about differentiation – are you the cheapest or are you different?

• regularisation of fees across the practice The amount of work involved for firms serving private client and small businesses cannot be underestimated. It is not so much the initial work in updating the website as keeping it up to date that is the problem. It cannot be left to mature like a ripe Stilton. It must be updated regularly to avoid retainer problems with clients over fees and scope of work let alone complaints to the LeO and the SRA. Staff changes, hourly rate increases, procedural and legal changes will all affect the pricing information.

These new rules will radically change the way we do business and are considered by some to be as momentous as the abolition of scale fees for conveyancing in January 1973. They are not for the faint hearted.

SRA guidance - https://www.sra.org.uk/ solicitors/guidance/ethics-guidance/pricetransparency.page

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I got therapy and ultimately was put on medication. Both helped. As I recovered, I noticed that others found it difficult to understand what I had endured. Over time, I began to realize that some of this is because of the stigma that we think of depression. A poll by the National Mental Health Association found that 54 percent of Americans think of depression as "a sign of personal or emotional weakness." Folks with depression are to blame for their plight. This way of thinking made me angry and sad at the same time. Would they feel this way about other medical afflictions like heart disease or diabetes?

Why do lawyers suffer from such high rates of depression? There's no easy answer because depression has many causes.

Some of the risk factors include a family history of depression and one's emotional experiences with their family of origin. We are also, by training and experience, pessimistic people in an adversarial profession. This approach to life creates not only stress but chronic stress that has significant adverse effects on the areas of the brain associated with anxiety and depression. The legal profession is a "perfect storm" for these mental illnesses to develop.

THE EPIDEMIC OF DEPRESSION, ANXIETY, AND PROBLEM DRINKING IN THE LEGAL PROFESSION

Over the past 15 years that I've been dealing with depression—and, yes, I still struggle with it—I've come to know hundreds of others in our craft who suffer just like me. I created the website Lawyerswithdepression.com 10 years ago as a place those in the profession could go to learn about what depression is, as well as find support. I hope you visit it.

A 2016 landmark study by the American Bar Association's Commission of Lawyers Assistance Programs and the Hazelden Betty Ford Foundation published their findings of approximately 15,000 practicing attorneys from 19 states and across all regions of the country. It found that 28 percent, 19 percent, and 23 percent are struggling with some form of depression, anxiety, and stress, respectively.

Many lawyers do not seek help. A large part of this has to do with stigma. There are two aspects to this problem. First, is the stigma a sufferer encounters from others. They may be judged for having depression: "What do you have to be depressed about?" Or, just ignored and dismissed which can be just as painful. Second, there is the stigma that comes from themselves. They may feel ashamed and weak. This harsh judgment is especially tough for lawyers who society and clients expect to be strong and fearless. They may even feel the need to be this way all the time, even after leaving the office. But, the reality is, we are human. We have problems.

And poor mental health is one the biggest ones.

Written by Dan Lubasik is the Director of the Workplace Well-Being for the Mental Health Association

These rates are three to four times higher than the general population.

Additionally, they found that between 21 and 36 percent qualify as problem drinkers. As with the staggering rates of mental health problems, far too many lawyers are drinking too much.

I have been a trial lawyer for thirty years. I am one of those statistics. And theirs is a good chance you may be, too.

My plunge into the dark well of depression began right after I turned 40. I was busy litigating cases as the managing partner at my firm. I was always under a great deal of stress slugging it out in the trenches, but I thought I could handle it.

It was just part of the deal of being a lawyer, I thought. And part of being a man.

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But something changed. I started to feel a deep sadness that wouldn't go away. I lost my ability to concentrate and be productive at work. Sleep became fragmented. I was always tired, but couldn't sleep well. I would go to bed early and wake at 3 a.m., unable to go back to sleep. Sometimes I'd watch TV while my family slept. Other times I would shower, shave, get dressed in my suit and tie, and go to an all-night coffee shop. I'd wait until the sun came up and then drive to work— with no one the wiser to the inner torment I was going through.

I tried to hunker down and power through, but it didn't work. I would find myself crying as I drove home, for no particular reason. I would pull into abandoned parking lots to weep. In the past, sadness was the result of some loss or misfortune that either I or someone I loved had endured. I would cry, but not often. And when I did, it was a release: it felt better to get it out of my system. Now, crying was not a relief. It only led to more crying.

Like many, I had confused sadness and depression. I did not know the difference.

Psychologist Richard O'Connor, Ph.D. clarifies the difference: We confuse depression, sadness, and grief. However, the opposite of depression is not happiness, but vitality – the ability to experience the full range of emotions, including happiness, excitement, sadness, and grief. It's not sadness or grief; it's an illness.

For those who do, too often they feel ashamed of their struggle. Lawyers are, after all, supposed to be fixers—not people with problems. But anxiety and depression can't be "fixed" by oneself. You need help and support; it's a team effort.

The bottom line? You can recover.

Anxiety and depression don’t have the final word in the closing arguments of the lives of those who suffer with it.

Hope does.

Dan Lubasik is the Director of the Workplace Well-Being for the Mental Health Association in Buffalo, New York. Dan is the Executive Producer for of the original documentary, “A Terrible Melancholy: Depression in the Legal Profession,”

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BEST PRACTICE

• Enhances focus and concentration, cognitive flexibility, working memory and executive functioning • Improves leadership and collaboration and has a positive effect on relationships • Provides more innovative ways to assist and support clients and develop stronger bonds • Increases psychological flexibility when handling conflict, challenging situations and uncertainty • Positively impacts on performance, career satisfaction and fulfilment • Reduces bias and judgement and increases compassion • Strengthens executive presence and gravitas

MINDFULNESS; THE PUREST VERSION OF YOUR ATTENTION Written by Corporate Consultant Donna Whitbrook I didn’t hear the term ‘mindfulness’ until September 2003. I was returning to work after a four-year career break following the birth of my son, who has cerebral palsy.

My son’s disability was the pathway to securing my new position as an associate director on the board of an NHS Mental Health and Children’s Trust. As is usual with NHS appointments, there was an extensive induction program to work through. I soon realised that this was no run-of-the-mill induction. The third day was dedicated to my well-being as an employee, and included a meeting with the hospital chaplain, a one-toone with the HR Director and a workshop introducing me to mindfulness.

What is mindfulness?

People have been practising mindfulness for thousands of years either as part of their religion, tradition or in the field of positive psychology. With roots in Hinduism, Buddhism, Judaism, Christianity and Islam, mindfulness is arguably powerful medicine for your brain.

Simply put, mindfulness means having an awareness of life in the present, the here and now, without judgement. A set of tools and strategies that focus your attention on enhancing your ability to be fully present and knowing what is going on inside and outside yourself moment by moment. This then gives choice to how you react, respond and moderate your behaviour in any situation, de-cluttering your mind and allowing you to get critical thoughts about the past and future into perspective.

to be constantly connected in your personal and professional lives. And with increased competition in the legal market your clients are now making bigger demands and have greater expectations from you than ever before. It doesn’t stop there, it is becoming more crucial that you possess excellent business development skills to capitalise on business opportunities and that you expand your soft skills to enhance your personal impact, gravitas and presence.

You now have to move your attention between tasks almost immediately, cognitively at each shift your brain needs to adjust and reorganise. Without mindset strategies (whether conscious or unconscious) you may be at risk of overload, overwhelm or burnout.

Government statistics published by the Health and Safety Executive on work-related stress, depression or anxiety rank ‘legal professionals’ third in a list of the top four most stressful jobs in the UK. According to the statistics covering a three-year period from 2014-2017, the main cause stated was workload, particularly the need to meet tight deadlines, pressure or responsibility and heavy caseloads.

Many law schools already run programmes based on aspects of mindfulness and a growing number of legal firms in the UK have already invested in this area too. Some firms extend this service to their clients to help them take care of their mental health during difficult and often very stressful circumstances. A great client-focused business differentiator.

Mindfulness gives us the ability to train ourselves to notice when our thoughts are taking over and realise that these thoughts are mental events that do not have control over us. It has been prescribed by the NHS for support with depression since 2004 and is recommended as a proactive measure to enhance positive mental health.

Learned through a range of awareness exercises and simple meditations, lawyers of all experience levels are likely to benefit from implementing some of the strategies.

So why is this relevant to you?

As modern working practices become increasingly digitised, technology enables you

• Enables emotional regulation resulting in better moods and the ability to cope in stressful situations

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Corporate mindfulness: • Is a proactive approach to positive mental health

Mindfulness at work doesn’t necessarily mean finding half an hour each day to meditate with Tibetan bells as we can be led to believe. Simple steps can be taken.

Breathing is something that we all do yet we don’t often focus our attention or have an awareness of it moment by moment. When you regularly practise observing your breath you may realise how unfocused your mind can become. If you notice your mind has wandered make a conscious choice to bring your attention back to your breath.

This can be further incorporated by building awareness breaks into your day on an hourly basis. For one minute each hour, take a mindful pause and focus your attention back on your breathing. This will assist in regulating your emotions and will improve your focus, concentration and attention to detail when you return to the task in hand.

Taking a mindful walk during the day and dedicating this time to being aware of the sensations created by the world around you and eating your lunch mindfully are both easy to achieve even during a busy schedule.

Paying full attention to the experience and noticing and appreciating how walking and eating affects your mood and emotions is the objective. This will help you to become more present during your interactions, bring clarity to your decision making and strengthen the relationships you engender.

These are just a few of the many simple and easy to learn steps you can take to make mindfulness a daily habit. Will it work for you?

I recommend that you find out more and give it a try. You will determine its effectiveness based upon your own subjective experience.

I did just that in 2003 and I’ve consciously practised it every day since and helped many people to use it in their lives.

Donna Whitbrook is an experienced corporate consultant, people developer and international speaker. She works with businesses that have a head for business and heart for people – their clients and their employees. Donna is the co-author (together with Lyn Bromley) of Trusted: The human approach to building outstanding client relationships in a digitised world. Trusted was a short-listed finalist in The Business Book Awards 2018. She can be contacted on 07943217560 or email donna@ firstimpressions.uk.com

For the 18.5 years that Expert Investigations Group has been formed we have built the relationships with the legal sector, during which time we have built many excellent client relationships as well as some long term close personal friendships.

I have never built our business on a cost, but on delivery of a customer focussed service that aims to enhance your reputation with your client by easing the burden for you and them and when this is accepted we are able to fuse a strong bond with our legal clients. Often the work we dealt with is sensitive, not only legally but also in content, such as Family issues.

It can be demanding with urgent time constraints especially with Litigation, Employment or Fraud, or diverse with many other legal sectors.

SUPPORTING THE SOCIETY As the sponsor of the newly formed Birmingham Law Society Choir, it was a pleasure to introduce the Choir and listen to them perform at the dinner at the ICC on 4th October.

I was introduced to the Choir by Chair of the Board and good friend Eileen Schofield and we discussed supporting them. To date they have also performed at the ICC and later this year will be performing at the Royal Opera House.

The Choir is led, trained

and conducted by Sophie Louise, who is a trained classical singer who obtained her degree at Cardiff University and has an amazing pedigree which includes Sylvia Young Drama Theatre School, National Youth Choir and she is a specialist music teacher in 4 private schools across the Warwickshire / Worcester region.

The Choir welcome new members so please do contact them, and I look forward to supporting them over their future development.

Having that close relationship with individuals or firms means we can consistently understand your requirements and deliver.

As I write this last article of a series of 6 for the magazine I hope you continue to enjoy your Choir and please know that my door is always open to you the legal sector of Birmingham and myself and my team are only a phone call away.

Please contact me directly on 02476 630498 or email davidkearns@expert-investigations.co.uk for any enquiries and to arrange a time and date for your free, 45-minute presentation to enhance your knowledge and allow you to support your clients in the most compliant, proactive and costeffective way .

To me it is important to build long and strong relationships with the Birmingham Legal Sector and over the years I have had the pleasure of sponsoring the Birmingham Trainee Solicitors, the BLS and various individual events.

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OUT OF HOURS

essential winter style

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MID-CENTURY MUSE

The Mid-Century aesthetic never truly goes out of style, but in Autumn, we’re anticipating that it will be especially big, since it immediately evokes a strong, classic style, while still being a perfect cosy palette to build on.

Layering patterned, geometric rugs adds visual interest to the home while also upping comfort levels. And an easy way to get the look is to find furniture that has strong lines, especially in brass and wood, such as an elegant coffee table or sofa.

We’ll also see the quality of light change from the brightness of Summer to the softer tones of Autumn. Work with this and use warmer tones in the home, with tan and ochre being great options that will set the mood without being overwhelming.

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JEWEL JOY

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Add sophistication with glamorous jewel tones. Speaking of emerald - when applied to decor and furniture, jewel tones add a touch of elegance and cosiness to any room. Their more dramatic hues also make them ideal transitional shades for autumn.

Colours like teal, eggplant and sapphire blue are having a major moment, and autumn is the perfect season to fully experiment with these shades. Not only do they introduce a bold pop of colour to the space, they also add depth and comfort.

Metallic and glossy finishes play up the fun and elegance of these rich colours, offering a contrast and adding light to the space.

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1.Eden Table and Leon Chair from £249 Furniture Choice Ltd 2. Gold Luxe Round Drinks Trolley, £218, www.audenza.com, 3. Scalloped Velvet Armchair, £835, www.audenza.com, 4. Bohemia Moroccan Pouffe Teal, £126, www.bohemiadesign.com. 5. Orion Geometric Tripod Table Lamp, Black And Copper, 49, Cult Furniture. 6. Bloomingville Geometric Glass Vase, Grey, £24, Cult Furniture. 7. Texture Multi Circle Art Print Framed Poster, Black and Blue, A2, £30, Cult Furniture. 8. Cynthia Table Lamp With Emerald Blown Glass, £150 With With 30cm Tall Tapered Shade In Jade Taj Silk, £45, www.pooky.com. 9. Jewel Rug Sky Rose, £POA, Sonya Winner Studio. 10. Jewel Glass Vase, Amethyst £21.50, www. audenza.com. 12. Malachite Marble Cushion, £125, www.penelopehope.com. 13. Arthouse Teal Sequin Cushion, £18, ARTHOUSE audenza.com, 14. Eichholtz Le Sereno Mirror, £890, Sweetpea & Willow. 15. Chapelle Bergère Armchair, £POA, www.oficinainglesa.com.

OUT OF HOURS

SCENTED CANDLES WITH A CLEAN CRACKLE Neil designed his range using vegan soy wax, blended with non-toxic essential oils and fragrance oils, creating the perfectly fragranced candle. The natural creamy colour of soy wax adds to the elegance of the product, and the addition of a wooden wick creates a wonderful soothing crackle as it burns.

Since their launch earlier this year, Avanti Candles has expanded its range to also include beautiful wax melts and a collection of elegant reed diffusers, which release fragrance for up to three months and its fibre reeds do not need to be turned- perfect as we always end up making a mess when we do this!

Handmade in the Midlands, Avanti Candles were created after company owner Neil became torn between his love for fragrance, and the damage mass-produced candles were doing to his home and his health.

After researching that many shop-bought candles contain petroleum-based paraffin wax, which releases harmful black smoke and soot as it burns, they also consist of synthetic dyes and fragrances containing toxins and parabens.

Prices start at just £25 and with luxurious fragrances including Red Rose & Oud, Raspberry & Peppercorn, and the stunning Tobacco & Vanilla, we’re sure Avanti Candles will soon become a household favourite.

Available from www.avanti-candles.com

PINT SHOP PULLS UP IN BRUM

Pint Shop has opened it's doors on Bennett’s Hill, Birmingham bringing fresh, seasonal British produce along with a fantastic selection of local and national ales to the Midlands.

The listed building will be transformed into a bar area on the Ground Floor and 50 + cover First Floor dining room as well as an outdoor terrace to while away the last of the autumn sun.

Diners can expect delicious dishes such as ‘Dry hopped’ fish pakoras with onion & cucumber salad and coriander

& peanut chutney; Coal-baked flatbread kebabs of devilled lamb shoulder with crispy red onions and the amazing Charcoal Grill Dirty Burger with Rum Pineapple, Cheese, Crispy Bacon, Avocado and Chorizo Mayo.

Pint Shop takes the spirit of original beer houses – namely craft beer, intimacy and fun – and throws in over 100 different types of gin alongside some killer food cooked on the coals. www.pintshop.co.uk

WE LOVE: REAL WINE GUMS “A cheeky little number… Fleshy yet velvety textures with ripe plum and black cherry flavours and a soft finish!” Not the sort of description you’d normally associate with a pack of bon bons but these are no ordinary yummy gummies.

Invented in the UK in 1909 by Charles Gordon Maynard - the son of a teetotal Methodist sweet-maker - the original pastilles merely namechecked fermented grape juice. It took another 100 years and a clutch 22 www.birminghamlawsociety.co.uk

of clever, opportunity-knocking Dutch confectioners before Real Wine Gums became a thing.

And since these considerate candies are alcohol, gluten, fat, nut, gelatine, and lactose free, they can be enjoyed by absolutely everyone. Even Charles Riley Maynard, God rest your gummy soul.

Real Wine Gums are available in a choice of flavours, Merlot, Chardonnay, Rose and Riesling from The Fowndry from £7.49

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OUT OF HOURS

COLD WEATHER COMFORT COOKING

ONE POT STOVETOP MAC AND CHEESE serves 4 Ingredients

Method:

50g butter 200g shallots, finely chopped 1-3 red chillies, chopped (to taste) 1 tbsp plain flour 400g macaroni 1 litre milk 250ml water (plus a little extra if necessary) salt and freshly ground black pepper 1-2 tsp dijon mustard (optional) 250-300g extra mature cheddar (to taste), plus extra to serve

Melt the butter in a large saucepan over a low heat then add the shallots, cooking very gently for about 15 minutes until really soft but not coloured. Add the chilli and stir, cooking another minute. Stir through the flour, blending it well into the buttery shallots.

Tip in the macaroni and stir well then pour in the milk and water. Season well with salt and pepper and stir through the mustard if you are using. Bring up to the boil then reduce the heat to a steady simmer. Cook for about 12-15 minutes, stirring often (just like making a risotto) until the pasta is tender and the sauce thickened. It will still be a little liquid at this stage but will thicken with resting. If it seems a little dry add a splash of extra water.

Turn off the heat and allow the macaroni to rest and cool for 5 minutes. Scatter over the cheese, stirring until its melted and serve immediately. Resting the pasta before stirring through the cheese is an important step so don’t be tempted to skip it. If you add cheese to the too hot sauce you run the risk of it turning a little granular, which won’t effect the taste of you mac and cheese just the texture.

CELERY, CHORIZO & CANNELLINI BEAN STEW Serves 4-6 Ingredients: 2 tbsp olive oil 6 shallots, sliced 250g chorizo, cut into 2cm slices 2-3 cloves garlic, crushed 1 tsp smoked paprika ½ head celery, each stalk cut into 3 pieces, plus a few leaves for garnish 1.5 litres chicken or vegetable stock 500g dried cannellini beans, soaked overnight in cold water 2 bay leaves Salt & freshly ground black pepper Small bunch flat leaf parsley, roughly chopped Method: Heat the oil in a large saucepan 24 www.birminghamlawsociety.co.uk

and sweat the shallots until soft and translucent but not coloured at all.

Add the chorizo, turn up the heat a little and continue frying until the chorizo and shallots are lightly caramelized.

Add the garlic, smoked paprika and celery and fry for a further minute before pouring in the stock.

Finally add the drained beans and tuck in the bay leaves. Bring up to the boil and simmer steadily until the beans are soft and tender. This could take anything between an hour and an hour and a half depending on the dryness and age of the beans. Keep an eye on it and add a little cold water if it looks a bit dry at any stage.

When the beans are cooked, stir through the flat leaf parsley and season to taste with salt and freshly ground black pepper. Serve in deep bowls scattered with a few celery leaves.

BEST PRACTICE

their work meets the highest standards that we, and our clients, expect from them and continually harness their skills.

For the former – quality standards – we insist upon commonality by shared use of our Interactive legal accounts system, supplied alongside the Pinpoint service, and consistent ways of performing each cashiering task. These are defined by Interactive, which all of our cashiers use, from trainees upwards. For the latter – continued professional development – we follow a tried-and-tested performance appraisal procedure to monitor progress and identify additional development needs which we address with formal training or one-to-one coaching.

For added kudos, our training academy is endorsed by the ILFM, specialist providers of services – such as training – for legal cashiers. Our affiliation with the ILFM means our trainees undergo training at Quill, supplemented with training at the ILFM, so the qualification awarded upon successful completion comes with the widely-recognised ILFM stamp.

QUILL’S REVIVED TRAINEE SCHEME SHOWS STEADFAST COMMITMENT TO CASHIERING By Julian Bryan, Managing Director, Quill At Quill, we’re dedicated to getting the job of cashiering right. You see, we’ve been supplying outsourced cashiering services for 20 years, half of our company’s life, and we’ve earned ourselves an enviable reputation as a market leader in cashiering based on our 100% accuracy rates.

Demand for our services has grown year on year. That’s why we’re now the UK’s largest employer of outsourced cashiers.

Saying we’re committed to impeccable legal accounting isn’t just empty words.

Our claim is demonstrated in our unique-inthe-industry trainee scheme. Our training programme has been operational since the very beginning, some 20 years ago, and we welcomed our new intake of trainees this September.

We invest considerable resources – both money and time – into breeding the next generation of cashiers for our Pinpoint bureau and the legal industry at large, the latter having endured a dire shortage of trained cashiers in recent years.

As part of our training academy, our trainees combine on-the-job experience, peer support and classroom learning at Quill in conjunction with the Institute of Legal Finance & Management – or ILFM for short – and gain a recognised legal 26 www.birminghamlawsociety.co.uk

accounts diploma-level qualification upon course completion.

They also attain a well-paid position at Quill, become part of a caring and fun company, cultivate a whole new set of skills and acquire the opportunity of a lifetime career in a specialised field where they’ll never be wanting for work.

We pay for our trainees’ external course fees and fund their ongoing annual subscriptions to the ILFM or other professional body. This amounts to a substantial sum of money over the duration of the scheme and thereafter as fully qualified members of their chosen membership organisation.

We also devote something even more valuable than money – time and attention.

We recruit stringently by closely screening applicants and taking up references prestart date, employ a permanent trainer as a constant source of support, assign cashiers to supervisors in teams of six for careful mentoring, and provide convenient access to existing cashiering bureau members who can share their extensive knowledge and assist when a helping hand’s needed.

Once our trainees are on board, we have best practice processes in place to ensure

ILFM accreditation demonstrates sound, comprehensive and practical application of solicitors’ accounts rules and their compliance with regulatory guidelines.

It’s a distinguished proficiency badge which is highly desirable to both clients and other employers alike, should end users of our services seek evidence of our cashiering mastery or our trainees later decide to secure employment elsewhere respectively.

In sum, our trainee scheme is beneficial for multiple stakeholders. For trainees, it’s the first step onto their career ladder.

For clients, it’s a quality guarantee and future-proofing promise. For Quill, it’s developing the right skills in-house to thrive as an outsourced cashiering bureau and differentiate ourselves from other suppliers of outsourcing services who fall far short of the bar set by us. It’s also the feel-good factor of contributing in no small way to cultivating our country’s rising talent. For the legal sector as a whole, it’s confirmation of Quill’s standing as experts in all things cashiering.

We’ve got lots to say on the subject of outsourced cashiering. To read more, access our earlier articles published on the Internet Newsletter for Lawyers website titled ‘Outsourced cashiering and your bottom line’, ’Ten reasons to outsource your cashiering’ and ‘How outsourced cashiering works’.

For additional information on our Pinpoint outsourced legal cashiering service, please visit www.quill.co.uk/ Outsourced-Legal-Cashiering, email info@quill.co.uk or call 0161 236 2910.

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 40 years’ experience supplying outsourcing services and software to the legal profession.

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OUTSOURCING YOUR CASHIERING?

QUILL IT!

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

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