Birmingham Law Society Bulletin October 2019

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

REGULATORY REVOLUTION ON THE HORIZON: ARE YOU READY? AUTUMN WINTER STYLE TRENDS FOR HIM AND HER.

OPPORTUNITY KNOCKS OR FREEDOM AT A PRICE?

Fabulous

Fizz!

OCTOBER 2019

CHANGE AT THE SOLICITORS DISCIPLINARY TRIBUNAL ONE PROFESSION... ONE REGION... ONE VOICE

THIS ISSUE

ADVERTISE HERE INSIDE THIS ISSUE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk

Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2019

4.

President's Letter. A regulatory revolution is on the horizon: are you ready?

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

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Regulation Report. Jayne Willetts on change at the Solicitors Disciplinary Tribunal

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Regulation Report. Matthew Moore of Infolegal on AML and checking the client’s identity

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Regulation Report. Bronwen Still of Infolegal on providing legal services to the public in-house from an unregulated entity

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Regulation Report. Paul Bennett of Bennett Briegal on opportunities and risks for freelance solicitors

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Out of Hours. Fabulous Fizz!

22.

Out Of Hours. We talk to Shane Richie as he takes on the role he died on stage to get. The Entertainer.

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

PRESIDENT’S LETTER

A REGULATORY REVOLUTION IS ON THE HORIZON: ARE YOU READY? Whatever your level of qualification and whatever type of entity you currently work in, the forthcoming changes will have an impact on your practice and you will need to give consideration as to how you can ensure compliance. For those seeking further guidance, both The Law Society and the SRA have been releasing a steady stream of guidance notes in recent weeks which contain practical information on the application of the new rules. These are freely available on their respective websites.

On 25 November 2019, the Solicitors Regulation Authority’s new Standards and Regulations will come into force and will replace the 2011 SRA Handbook in its entirety. This will represent a seismic shift in how many of us are regulated. The changes that the Standards and Regulations bring about will simultaneously present firms and individuals with opportunities to deliver their services in innovative and different ways and will introduce new challenges as the expectations on both firms and individuals are altered.

Key changes introduced by the Standards and Regulations will include: • the replacement of ten mandatory principles with seven, which are described by the SRA as “the fundamental tenets of ethical behaviour that [they] expect all those [they] regulate to uphold”; • the creation of two separate codes of conduct: one for firms and one for solicitors; • allowing solicitors to carry out ‘non-reserved’ legal work from within 4 www.birminghamlawsociety.co.uk

a business not regulated by a legal services regulator; and • allowing solicitors to provide reserved legal services on a freelance basis, subject to certain conditions.

This month’s Bulletin features a series of articles in which regulatory experts explore what some of the momentous changes introduced by the Standards and Regulations will mean for our members. Past President, Jayne Willetts, outlines the impact that the reduction in the standard of proof in the Solicitors Disciplinary Tribunal from the criminal to civil standard may have on those who find themselves subject to proceedings.

Paul Bennett of Bennett Briegal LLP considers the risks and benefits of ‘going it alone’ under the new freelancer model, whilst Bronwen Still outlines the considerations for solicitors wishing to provide legal services to the public from an unregulated entity.

Finally, Matthew Moore addresses the relationship between requirements under anti-money laundering regulation and the SRA’s new Code of Conduct for Individuals, which will require solicitors to identify who they are acting for in any matter.

Even after the 25th November has been and gone, there will be little opportunity to take one’s focus off the regulatory horizon, as the SRA’s programme of reform looks set to continue. For example, Birmingham Law Society is currently working on a response to the regulator’s consultation on advocacy standards. It also now seems inevitable that 2021 will herald the introduction of the Solicitors Qualifying Examination (SQE), which will mean that new entrants to the roll of solicitors will no longer require a law degree (or equivalent), will not be required to complete the Legal Practice Course and will not have to complete a training contract as we currently know it. Instead, successful applicants will be required to: have a degree in any discipline; successfully complete of a series of centralised assessments, a significant proportion of which will be multiple choice exams; and provide evidence of two years’ of qualifying work experience, which can be chalked up with a number of different organisations in voluntary and/or paid roles. Once again, these changes will present both challenges and opportunities for the profession and, at a minimum, employers will need to re-evaluate their recruitment practices at graduate and newly qualified level.

For as long as the programme of regulatory reform continues to run, Birmingham Law Society will continue to respond to consultations on behalf of our membership and will aim to keep our members up to date, via the pages of this Bulletin, as well as through our programme of events, seminars and briefings.

Linden

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

GENDER DIVERSITY

ADDRESSED BY PANKHURST

DIGITAL ASSETS

WHAT HAPPENS WHEN YOU DIE? Treasured family photos could be lost. Social media accounts that charted our lives could disappear into cyberspace. Valuable cryptocurrencies might be lost forever. We live in a world in which more and more of the things we most value are digital, and yet very few of us have made any preparations for what will happen to them when we die.

There is widespread confusion about the rights people have over their digital assets, according to a new survey from law firm VWV. Even though virtually all adults in the UK now have digital assets, less than a quarter are confident that they know which ones they actually own, and only 6% have specifically included digital assets in their Wills.

Most respondents had made no plans at all – which may cause problems for loved ones after a person has died. “Technology has changed very rapidly,” said Angharad Lynn a Senior Associate in the Private Client team at VWV. “But the law hasn’t kept up, and neither have most people writing a Will.”

At present there is no legal definition of digital assets in the UK, but it is generally taken to include everything from email accounts, to social media and photographs stored online, as well as cryptocurrencies and digital documents. However, many of the respondents to VWV’s survey, which was carried out over the summer, were uncertain which assets could be handed on to their heirs, and which were simply licences that expire on death.

Despite the lack of understanding, many individuals do not want their accounts to be shut down when they die. Nearly 85% of those who had digital photographs do not want them erased on death. 80% of those with digital documents and everyone with Bitcoin or other cryptocurrencies wanted to hand them on. Of those who had included a clause in their Wills about digital assets, 100% said they were confident that the clause would work as intended, and of those who had Wills more than 65% planned to update them to include digital assets.

However as Lynn, says, although including reference to digital assets in your Will is a good idea, assets won't necessarily be passed on as you wish. "The law that deals with the succession of digital assets has so far struggled to keep pace with rapid developments in technology. It is sensible to appoint a digital assets manager in your Will, but it is unclear whether providers of digital content will accept such an appointment as consent to disclose account information to the manager, or to allow the manager to reset passwords. I would hope that the law will develop over time so that the rules might be clearer."

The women’s rights activist and writer Dr Helen Pankhurst CBE addressed a special event hosted by the Birmingham office of Irwin Mitchell, as part of the firm’s activities marking 100 Years of Women in Law. Entitled ‘The Challenges of Gender Diversity in the Workplace’, the event was been organised by IM Powered, the firm’s internal diversity group, focused on gender and career issues, making Dr Pankhurst the perfect speaker.

As the granddaughter of Sylvia and great-granddaughter of Emmeline Pankhurst (key figures in the suffragette movement), Dr Pankhurst has continued to build on their legacy, with her 2018 book, ‘Deeds Not Words, the Story of Women’s Rights, Then and Now.’ The discussion covered gender diversity, reflecting on the last 100 years since women were granted the vote and admitted to practice law, on what has improved and what remains to be done. The gender pay gap is not expected to disappear until 2069 and Dr Pankhurst reflected on this and other topics forming part of the wider equality debate.

The event was chaired by Suzie Branch-Haddow, Director of Greater Birmingham Professional Services Academy and Business Development Director at BMet. As someone who has spent years supporting the city’s future generations through mentoring and advising students and graduates, Suzie was a fitting chair for an event aimed at addressing the remaining challenges to gender diversity in the workplace.

The event in Birmingham is the latest in a series of Irwin Mitchell initiatives marking 100 years of women in law. The Sheffield office was chosen to live stream the Fiona Woolf lecture on 12 September; while the Manchester office hosts its own event on 4 December to support the next generation of female leaders in law and encourage their career progression – all under the watchful gaze of Emmeline Pankhurst’s statue.

For example iCloud’s terms state that there is no right of survivorship and “unless otherwise required by law you agree that your Account is nontransferable and that any rights to you Apple ID and Content within your Account terminate upon your death”.

Earlier this year, IM Powered developed a timeline on the progression of women at the firm since 1912, revealing a firm now boasting one of the most diverse and inclusive workforces in the legal sector. Women now make up 30% of the executive board, 44% of partners and 62% of associates, while the firm’s female lawyers continue to be recognised for their skills.

What this means is that even if a person makes a Will stating that documents or photographs stored on iCloud are to go to a certain individual, they may require a court order to make that happen. Lynn argues it is still vital to ensure that your assets are passed on as you wish. Sharing your log on details with your loved ones may be the only practical way of doing that. However it is important to note that this can breach user agreements.

In Birmingham, Chrissie Wolfe was named Solicitor of the Year at the Birmingham Law Society Awards in March 2019; has also been shortlisted for the 2019 Junior Lawyer of the Year Award and is a finalist in the ‘Downtown In Business’ City of Birmingham Business Awards, where she is appropriately a finalist in the 2019 Woman of the Year Award. www.birminghamlawsociety.co.uk 5

NEWS

GOWLING WLG ANNOUNCED AS OFFICIAL LEGAL ADVISERS FOR BIRMINGHAM 2022 COMMONWEALTH GAMES

The appointment as Official Legal Advisers followed a rigorous tender process, and the firm will be advising on a range of services, including corporate governance, procurement and general commercial matters, brand protection, disputes and risk management.

The firm's multi-disciplinary legal team is led out of its Two Snowhill office in Birmingham and fronted by partner and board member Michael Luckman. They will be working alongside Birmingham 2022’s Chief Legal Officer, Caroline McGrory, and her team, over the next three years, to help deliver a successful Games.

Eliza Hakes and Ruth Griffin (both Gowling WLG) with athletes Ama Agbeze (netball), Kofi Josephs (basketball) and Abazz Shayaam-Smith (triple jump)

Gowling WLG has been appointed as exclusive Official Legal Advisers to the Birmingham 2022 Commonwealth Games. The firm is the first official sponsor to be confirmed for the major multi-sport event, which will be held in the West Midlands from 27 July until the 7 August 2022.

As an official supporter of Birmingham 2022, lawyers and staff from across Gowling WLG's 18 offices will spend the next three years supporting the Games and the unique opportunities that this global sporting and

cultural occasion provides to athletes, communities and businesses across the world.

The firm's Diversity and Inclusion team, which is one of the founders of the ‘Suited for Success’ initiative in Birmingham, will lead on an important part of the sponsorship agreement. They will be building on the work they do with charities, schools and organisations across the city and the wider West Midlands region, to use the Games to inspire and engage the different communities that they support.

PEDAL POWER RAISES £15,000

David Fennell, Chief Executive at Gowling WLG, said: "We have deep roots in Birmingham and as a global firm our reach also now extends to Hamilton, Canada, where the very first Commonwealth Games event was held. We're committed to playing our part in making Birmingham 2022 a huge success for Birmingham, the UK and internationally, making the most of every opportunity for our clients, communities and people to get involved in this standout sporting and cultural event.

"We're already underway in supporting Caroline and the Birmingham 2022 team with the legal aspects, as well as looking to add value wherever we can to deliver an inclusive and socially responsible Games."

UPCOMING E V E N T S Contentious Probate update for Private Client Practitioners 1st October 3:30 PM – 6:00 PM Freeths, 20 The Colmore Building, Colmore Circus, B4 6AT

Seven legal experts are embarking on a near 240-mile bike ride to raise over £15,000 for Birmingham Children’s Hospital (BCH).

The intrepid team from Talbots Law will swap their daily workloads for the chance to emulate their cycling heroes by travelling from Steelhouse Lane in Birmingham to Amsterdam in just three days.

Peter Hill, Keith Yates, James Gwilliams, Callum Haynes, Richard Stone, Claire Kenny and Steve Kenny will travel to St Neots on day 1, before heading to Harwich where they will catch a ferry to the Hook of Holland. The final ride will be about 70 miles along the coast of Amsterdam.

This is the latest in a series of fundraising efforts by the Black Country law firm and comes just a few weeks after it was named as Corporate Sponsor of the Year by Birmingham Children’s Hospital for raising over £50,000 in 2018.

The Amsterdam Bike Challenge is just one of a number of activities Talbots Law staff are taking part in to try to surpass last year’s £50,000 total.

So far, the firm has had Sarah Rooney, a member of its Dispute Resolution team, complete the London Marathon and four colleagues compete in the Birmingham Triathlon, with 22 people set to jump out of a plane for a sponsored sky dive in September.

For further information, go to www.talbotslaw.co.uk or visit the fundraising page https://www.justgiving.com/companyteams/talbotscyclists.

6 www.birminghamlawsociety.co.uk

Bi-annual Family Law Conference

18th October 1:30 PM - 6:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway, B4 6AT

Stand up for Justice 27th October 2019 7:00 PM -10:30 PM Birmingham Rep Theatre, Broad Street Birmingham, B1 2EP Newly Qualified Solicitor and Barrister Celebration 2019 14th November 2019 6:00 PM - 8:00 PM Victoria Law Court Corporation Street Birmingham, B4 6QA Advocacy Training 19 November *** Limited Spaces 19th November 12:30 PM - 4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR Annual Dinner 2019 21st November 2019 6:45 PM 22nd November 2019 1:00 AM University of Birmingham The Great Hall Edgbaston, B15 2TT To book: www.birminghamlawsociety. co.uk or you can email: events@birminghamlawsociety.co.uk

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NEWS

FIRM SHORTLISTED IN NATIONAL LEGAL AWARDS West Midlands law firm, Sydney Mitchell has been short-listed in the medium size law firm of the year category at the Law Society Excellence Awards for the second year running. The medium law firm of the year category, which is open to all law firms in England & Wales with between 5 and 29 partners, is judged on matters such as professional excellence, staff engagement and development, business and client acquisitions.

NETBALL TOURNAMENT: We raised nearly £1000 for the President’s chosen Charites, the Birmingham Law Centre and Citizens Advice at this year’s Netball tournament with Mazars winning the tournament and Gatleys taking 2nd place. Thank you to No5 Chambers for their support in organising the event and thank you to all the teams that took part in the tournament.

Senior Partner, Sydney Mitchell LLP, Karen Moores, commented: "We have had a fantastic year and it is wonderful that the Law Society has recognised our success by short-listing our firm in their national awards. " "It is also amazing to have been short-listed in these Awards for the second year running and I would like to thank all of our clients and staff for all of their support."

Sydney Mitchell is the only law firm based in the West Midlands within this category and so will be waving the flag for the West Midlands legal community at the Law Society Legal Excellence Awards ceremony which takes place in London on 23 October 2019.

The Law Society president Simon Davis, said:"There are more than 140,000 solicitors in England and Wales – to be shortlisted for an Excellence Award is to be recognised as among the very best of the profession. The firms and solicitors shortlisted should be commended for going above and beyond to support their clients, often navigating tricky and sometimes contentious areas of the law."

The firm’s specialist teams include employment, commercial property, company and commercial services, litigation and insolvency. Private client teams include family law, immigration, residential property, dispute resolution and wills and probate, tax and trusts and personal injury.

CENTENARY CELEBRATIONS: Anthony Collins Solicitors held an event on the 11 September to celebrate the centenary of women in the law with an illustrious panel of speakers from our local legal community, comprising: Her Honour Judge Elizabeth Walker Inez Brown – Deputy Vice President of Birmingham Law Society Emma Kendall – St Philips Chambers Sandy Munroe – Partner, Anthony Collins Solicitors Beulah Allaway – Associate, Anthony Collins Solicitors

LIFETIME ACHIEVEMENT AWARD FOR GODFATHER OF TRAVEL LAW Hailed as “The Godfather of Travel Law”, Clive Garner was presented with the award in San Diego by the AAJ International Relations Committee at the Association’s Annual Convention.

The AAJ (formerly the Association of Trial Lawyers of America) has a membership of over 20,000 practicing lawyers from across the globe and over 3,000 of them were in San Diego to see Clive recognised for nearly 25 years of service to the AAJ. In this time, he has served as Chairman of the International Practice Section and spent seven years on the Board of Governors, as one of two representing the UK and Eire.

A partner in the Birmingham office of Irwin Mitchell has been presented with the Tom Henderson Lifetime Achievement Award – one of the highest honours the American Association of Justice (AAJ) can bestow.

8 www.birminghamlawsociety.co.uk

In presenting the award to Clive, the AAJ International Relations Committee said: “Clive is a Partner at Irwin Mitchell in England. Clive’s results are not surpassed by anyone. He is well known for his many successful individual and group action cases including aviation disasters, maritime disasters and terrorist related incidents. Clive holds top ranking for International Personal Injury and has been called, ‘a master strategic thinker’; ‘the man defendants

fear most’ and ‘the Godfather of Travel Law’.”

On accepting the award, Clive Garner said: “I am delighted and honoured to have been awarded this Lifetime Achievement Award by the American Association of Justice. However, it simply would not have been possible without the enormous contribution of others at Irwin Mitchell, who have worked together with me over many years, on so many great cases, for so many incredible clients.”

In addition to handling major group claims including the In Amenas and Tunisia terrorist attacks in 2013 and 2015, the Costa Concordia and Al Dana Dhow disasters and aviation cases including the Germanwings, Shoreham Air Show, Pamir Airways, Sita Air and Dana Air disasters; Clive’s expertise continues to be sought on major international cases, including what is believed to be the first case filed by the family of a British passenger arising from the Ethiopian Airlines Boeing 737 Max crash.

ADVERTORIAL FEATURES

THE BALANCING ACT: SERVICE VS KNOWLEDGE What is clear from the research is the greatest complaints relate to perceived service levels. These findings are supported by consumer research InfoTrack completed in 2018 whereby 64% of respondents noted regular communication throughout the process was important to them and 50% wanted more information from their conveyancer about the home moving process.

First time buyers and sellers were the most likely to state their solicitors didn’t provide a clear explanation of the process with two in every five needing more information according to the SRA research. The research signifies a gap in the consumer knowledge of the home moving process, with the expectation that their solicitor will provide the necessary information.

Technology can be used as a facilitator to bridge these knowledge gaps while also improving service levels, taking a wholistic approach toward the customer experience. The call for ‘clearer conveyancing’ presents opportunities for firms to embrace technology that automates administrative tasks and allows them to focus on their legal expertise while disseminating information to their clients.

Are service and knowledge mutually exclusive elements of the wider home moving experience, or are they intrinsically tied? The relationship between the two will no doubt vary by firm and individual clients. Although, in a changing consumer landscape there is a paradigm shift toward customers prioritising service writes Adam Bullion, General Manager of Marketing, InfoTrack.

Research conducted by the SRA in 2018 highlighted some key areas of concern within the conveyancing sector, with 37% of consumers finding their solicitor slow or inefficient. A further 22% also listed poor communication as an issue they faced throughout the home moving process.

Apps in the market now give firms the ability to provide regular updates to their clients every step of the process. Digital forms and e-signature technology are evolving the market, giving home movers the choice to access them when and where is most convenient for them. Utilising technology that is available in the market empowers firms to navigate the balancing act between knowledge and service to deliver a cohesive customer experience that delivers on home mover expectations. In a climate where experience takes centre stage, it is clear knowledge and service must coexist rather than be treated as separate entities.

To find out more visit www.infotrack.co.uk

POWEREDBYPIE LAUNCHES SECURE DOCUMENT PORTAL essential for firms to take a secure approach to the protection of sensitive client data. Document Portal removes the risk, providing secure 2 Factor Authentication to store and share legal documents which are accessible only to those with authorised access.”

Document Portal now enables law firms to create a document portfolio which includes intuitive, editable forms and digital signature facility provided by the leading eSignature brand DocuSign. Not only does this provide a secure, streamlined environment for client data, it also highlights to the client exactly what information needs to be filled-in, first time, every time.”

Search and software provider poweredbypie demonstrated Document Portal for the first time at LAWBizTech, Birmingham on 1&2 October on booth C12. Document Portal is a brand-new solution for solicitors to enable the secure electronic exchange of all documentation within the conveyancing process. By removing the need to ‘print and post’, Document Portal offers a simple, secure and trustworthy solution to speed-up the exchange of documentation between solicitors and clients.

Carole Ankers, chief product & technology officer, poweredbypie explains: “LAWBizTech is a premium event in the UK legal calendar. Attracting over 1,500 professionals, it was the perfect platform to launch our new Document Portal.

Brighter Law has allowed solicitors to streamline communication online, by managing new client interaction and providing instant quotations with the aim of increasing conversion rates.

“Following many months of research and development, we have taken the time to understand the needs of solicitors and the challenges they face in the conveyancing process,” confirms Ankers. “The result of this insight is Document Portal, which allows client documents to be stored, accessed and shared safely online, negating the need for physical copies. It is both simple to use and set-up and takes care of the technology needed to supply a secure 2 Factor Authentication for electronic document exchange, removing the delays associated with paper-based legal forms and mitigating the risks posed by email communications.

“Document Portal is part of our Brighter Law suite of products,” continues Ankers. “For many years,

“As Cybersecurity continues to be one of the most serious threats facing the legal community, it is

On 4 September 2019 the Law Commission set out a statement to end uncertainty and increase confidence in the use of electronic signatures https://www.lawcom.gov.uk/project/electronicexecution-of-documents/. Commercial and Common Law Commissioner, Stephen Lewis said: “Our report aims to provide an accessible statement of the law which makes it clear that an electronic signature can generally be used in place of a handwritten signature as long as the usual rules on signatures are met.”

Carole Ankers continues, “As a technical solutions provider and partner to law firms up and down the country, it’s our job to look at the issues that affect our clients and come up with solutions.

We are very excited to launch our secure portal that enables solicitors to exchange sensitive documentation giving the law firm a real point of difference while inspiring confidence and trust.”

For further information please see: www.poweredbypie.co.uk

www.birminghamlawsociety.co.uk 9

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ADVERTORIAL FEATURE

REJUVINATING THE PROPERTY MARKET IN BREXIT BRITAIN The UK’s property market is facing challenging times; much of it revolving around parliamentary uncertainties, namely Brexit and the proposed changes to Stamp Duty Land Tax writes Tony Rollason of Landmark Information.

Since becoming Prime Minister, Boris Johnson has stated his intentions of injecting a longoverdue boost into what is currently a rather ‘flat’ property market. The Prime Minister has suggested that he is considering abolishing Stamp Duty on homes worth less than £500,000, which he has been reported as saying is “choking the market”.

In doing so, it is reported that around 300,000 property buyers would no longer need to pay the duty – equating to almost three quarters of all residential sales becoming exempt from the charges.

This move, if it were to happen, would help unlock the sub£500k market. If we look at Government figures from the first quarter of 2019 alone, there were 146,500 reported transactions – of those only 21,400 were for transactions on properties £500,000 or over, showing the significant impact this potential change could have.

The talk of Stamp Duty reform has led to other creative inputs from the industry. The British Property Federation published some radical ideas, including allowing Stamp Duty taxation to be paid over time, whereby it would be collected via PAYE methods. Another option aired by the Federation was to consider the option of bringing in a Net Stamp Duty, which would see Stamp Duty only payable on the difference between a property’s current value and that of the purchase property. Here they suggest it would result in downsizers not having to pay any fees.

In my view there is more that can be done to help rejuvenate the market. A clear example is to consider how the process can be made faster and easier. New research from Rightmove has shown that properties are taking longer to progress from sale agreed to exchange, with reports suggesting the time to complete a residential transaction is at a five-year high.

Further data from Rightmove has suggested that the time taken between a property being marked as ‘sold subject to contract’ to being recorded as ‘completed sale’ by HM Land Registry stands at 109 days on average (2018), compared to 103 in 2016.

In addition, the findings from a recent ‘time to sell’ benchmark study2 suggested that, on average, it takes between 129 – 176 days to sell a property. This trend can largely be attributed to the challenging market conditions in the UK residential property sector, but also to inefficiencies in the process and disjointed technology.

In recognising that property transactions can take a great deal of time from when an initial offer is made to when buyers pick up the keys, I believe that there are opportunities for suppliers to offer additional layers of flexibility to help smooth the process.

For instance, at Landmark, we have recently launched a free re-order service for our all-in-one environmental report, RiskView Residential.

This aims to provide complete

peace of mind to home movers and property professionals, by enabling a report to be re-ordered any time after three months from the original order date. So, if a chain is taking longer than anticipated to progress, the very latest due diligence can be assessed prior to completion, which takes in to account any recent environmental changes that may have occurred.

Of course, whilst Landmark, along with our partners across the property industry, are doing everything we can in our areas of specialism to make property transactions smoother and faster, we also understand that some things may be outside of our control. As such, we believe that even small changes, that don’t require a change to processes or technology, can make a difference.

By offering property lawyers and conveyancers the opportunity to re-order environmental due diligence reports for free, home buyers can take comfort in that fact that the very latest search data is being assessed. It also means they are in the most informed position possible, ahead

of what will be one of the greatest investments they are ever likely to make.

If the Government can stimulate the property market by revising the duties related to a significant percentage of property transactions, restraints will be removed in many thousands of purchases, which in my book can only be a positive step forward for us all. www.landmark.co.uk

Tony Rollason is a Regional Manager of Landmark Information, which is the UK’s leading provider of land and property search information, including digital mapping and environmental risk reports for property professionals.

www.birminghamlawsociety.co.uk 11

REGULATION REPORT

ALL CHANGE AT THE SOLICITORS DISCIPLINARY TRIBUNAL Day being the most obvious)) have been a significant feature of every SRA investigation in recent years so a specific rule focussing on proportionate cost (which after all is paid for by the profession) is most welcome.

However, the problem of complexity and cost begins within the SRA during the investigation stage before cases are referred to the Tribunal. Cases are assessed within the SRA Supervision team, frequently by non-solicitors. There is a tendency to “throw the kitchen sink” at those being investigated for fear of leaving anything out. Allegations of lack of integrity are commonplace, even with breaches of the Accounts Rules. Allegations of dishonesty are added for good measure without proper consideration of the evidence.

The SRA is able to impose its own stamp on simplified rules to allege misconduct where a practising solicitor could see none.

There is yet another momentous change for the profession on 25 November 2019 – this time at the Solicitors Disciplinary Tribunal (“the Tribunal”). The standard of proof will change from the criminal standard (beyond reasonable doubt) to the civil standard (on the balance of probabilities) for all proceedings issued on or after 25 November. writes Jayne Willetts, Solicitor Advocate with Jayne Willetts & Co. The Tribunal was first established in 1975 by the Solicitors Act 1974, a statute which still governs the profession. For over 40 years, the SRA (and its predecessors) have been required to prove all allegations in the Tribunal to the highest standard of proof.

This requirement has acted as a brake upon the regulator’s more imaginative links between evidence and allegations but this constraint will no longer be there to protect the profession.

Until recently, the only professions to retain the criminal standard of proof for disciplinary tribunals were solicitors; barristers and veterinary surgeons. Changes had been made to medical tribunals in 2008 after the Harold Shipman case on the basis of what was described by the government at the time as “a loss of public confidence in regulators”. Since then, there has been steady pressure upon the remaining regulators to fall in line. Barristers were the first to succumb and change to a civil standard on 1 April 2019.

In response to the Tribunal’s consultation, the majority of solicitors and solicitors’ representative bodies were in favour of retaining the criminal standard whilst those in favour of the civil standard, unsurprisingly, included the SRA and other regulatory bodies including the Legal Services Consumer Panel. A suggestion that there should be a lay majority on the disciplinary 12 www.birminghamlawsociety.co.uk

panels was thankfully rejected on the basis that it would risk the Tribunal’s identity as an expert tribunal and would reduce the range of experience from practice on the panel.

There will remain two practising solicitors and one lay member on each Tribunal panel.

It was of course always unlikely that the Tribunal would be able to swim against the overwhelming tide of “public interest” so, almost inevitably, a decision was made for solicitors to switch to the civil standard on 25 November. Thereafter, the only profession to retain the criminal standard will be veterinary surgeons.

For the first time, the standard of proof will be contained (Rule 5) in the actual Tribunal rules which will be known as the Solicitors (Disciplinary Proceedings) Rules 2019 (“the Rules”). The Tribunal has also taken the opportunity to expand the number of procedural rules from 23 in the 2007 version to 51 in 2019. This change is in contrast to the SRA’s insistence upon simplification and shortening of its own rules but reflects the increased complexity of cases being heard by the Tribunal. The additional rules incorporate a number of the Tribunal’s existing practice directions and also include various case management and evidential requirements which are not sufficiently interesting for detailing in this column.

The new Rules do, however, now include, in common with the civil courts, an “overriding objective” at Rule 4 which provides that “the Tribunal will deal with cases justly and at proportionate cost”. The SRA has since the introduction of the 2011 Code of Conduct been unable to resist racking up as many breaches and allegations as possible for consideration by the Tribunal, regardless of proportionality. In one case in which I appeared (Stephens ), where there were 24 separate alleged breaches (19 not proved), I observed to the Tribunal that the SRA statement of allegations “was oppressive and read like the answer to an exam question”. Complexity and cost (Leigh

Why should we be concerned and alert to the change in the standard of proof at the Tribunal? With the move away from rulesbased regulation which began in 2011, it has been possible for the regulator to rely upon its own interpretation of the Principles and Code of Conduct and to impose upon the profession its own version of what it regards as professional misconduct, with some influence from politicians and the media. The current conduct rules and the new Standards & Regulations are short on prescription and long on interpretation. The only effective challenge to that interpretation lies in the hands of the Tribunal but with a lower standard of proof the ability to test the SRA’s views of professional misconduct will be reduced.

Some reassurance has been provided by the President of the Tribunal Edward Nally who announced that “We will apply the new standard of proof justly and with a keen appreciation of the cogency of the evidence that all those appearing before us are entitled to expect”. We will need to rely upon the Tribunal to scrutinise the evidence robustly and ensure that justice is done, especially where respondents are unrepresented, as is often the case.

The majority of the profession will never have experienced the Tribunal but as with homelessness, there is a risk of being only a few steps away from it however careful one’s compliance arrangements. There is already a “David and Goliath” situation where unless a respondent is well funded by his own means or has insurance the possibility of contesting the SRA’s allegations with expert advice falls by the wayside and injustice may follow. With the safeguard of the criminal standard of proof about to be removed, the profession needs to be made aware of the risks and consider its own preventative measures.

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

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REGULATION REPORT

TO WHAT EXTENT DO WE NEED TO CHECK THE CLIENT’S IDENTITY? Further guidance on what types of work are included and, more importantly, excluded from the regulatory definitions will be found in the Legal Sector Affinity Group AML Guidance – the official and Treasury approved guidelines on the application of the anti-money laundering regime to the legal sector. Section 1.4.5 provides that litigation, mere advice of a non-transactional kind, will writing (assuming that no tax advice will be provided) and legal aid work are all outside the scope of the regulations.

Most firms will nonetheless take the view that having one set procedure for the work of all departments will be preferable and is more likely to achieve a better level of compliance with these important requirements, though even on this basis the work of the crime department is likely to form an exception. The firm might also therefore choose to exclude from the AML regime fixed fee or free advice sessions.

The Code of Conduct for Individuals

Checking client identities has become a standard part of everyday practice in most firms in recent years.

This may have been primarily in response to the requirements in the successive versions of the Money Laundering Regulations and their obligation to undertake ‘customer due diligence’ but being clear on who, precisely, the client is and assessing whether the instructions are from a valid source is a more general professional consideration in any event. Likewise it is good practice, at least, to ensure that the representative of any entity has authority to instruct the firm. Now the forthcoming SRA Standards and Regulations will extend the need to establish who the client is through two of the few new requirements that will be found in the Codes of Conduct. writes Matthew Moore.

Customer Due Diligence First, the obligations in the Money Laundering Regulations 2017 (‘MLR’) from regulations 27-39 require that whenever a ‘business relationship’ is to be formed, or an ‘occasional transaction’ to the value of 15,000 euros or more 14 www.birminghamlawsociety.co.uk

is to be entered into, CDD must be undertaken. These terms have caused a good deal of confusion over the years and have never really been clarified within the legal sector, the problem being that they are essentially banking terms. Within banks, therefore, opening an account will amount to a business relationship and making an investment an occasional transaction. The view has therefore been taken in most firms that it is, very simply, a requirement to obtain or already possess formal proof of the client’s identity in all new matters.

Although applying CDD to all new clients, and to a more limited degree new matters for new clients, has now become standard practice exceptions can be drawn in certain circumstances if required. Most importantly, not every category of work that most firms undertake will be subject to the MLR, and the CDD requirements only arise where the regulations apply. Rather than defining the types of professional concerns to which the MLR apply they instead define the activities by the professions that will trigger the need to comply with them. Within the legal profession this definition will be mainly found at r.12 which lists transactional and financial work for the most part, including the area of ‘trust and company service provision’ which featured in a widely reported SRA thematic review earlier this year.

A further consideration now arises in the very simply worded new provision at rule 8.1 of the new Code of Conduct for Individuals to the effect that “You identify who you are acting for in relation to any matter”. Where instructions are received from a third party rule 3.1 (in line with the current Indicative Behaviour 1(25)) will require that the solicitor ensures that the instructions do indeed represent the client’s wishes. The SRA first started to expect this wider level of client checking arising from a thematic review of personal injury litigation which was reported in December 2017. One of the key findings of this report was that there was evidence of an increase in fraudulent and frivolous claims, and to counter this a warning notice was issued to the effect that claimant firms would be expected to check more thoroughly the identity of the client and the validity of their instructions.

That will now be expected across the board when the new regime takes effect.

In summary, therefore, full CDD will be expected when the MLR apply and the new SRA requirements will be met by firms that apply such measures across the board. In areas not covered by the regulations, however, some level of checking will need to be part of the firm’s processes even if not to the same exacting level required where the MLR are in place.

Matthew Moore is a director of Infolegal and a consultant solicitor with Jayne Willetts & Co. His publication ‘Decoding the Codes of Conduct’ is now available and he is also the co-author of ‘Money Laundering Compliance for Solicitors’ with Diane Price. Contact mattmoore@ infolegal.co.uk.

REGULATION REPORT

WILL THE GRASS BE GREENER?

WOULD YOU MOVE FROM PRIVATE PRACTICE TO PROVIDING LEGAL SERVICES TO THE PUBLIC IN-HOUSE? New employment opportunities will open up for solicitors with the SRA Standards & Regulations are introduced on 25 November as solicitors can be employed by unregulated organisations to provide legal services to the public. There may be tempting offers for those fed up with private practice and the responsibilities of running a regulated firm. However, this may not be quite as simple and risk free as it seems. What the change entails and the possible pitfalls are examined here writes Bronwen Still, Consultant Solicitor Jayne Willetts & Co. Important questions for those contemplating this new form of in-house practice are what work will they be able to undertake, what rules are they subject to and what should govern their relationship with their unregulated employer?

In terms of the work they will be able to do, the Legal Services Act will prevent them from providing reserved legal activities to the public. This is an important restriction which carries criminal sanctions if not observed.

To offer reserved work, the employer would need to be licensed as an ABS. However, all non-reserved work such as will writing, preparing legal documents and giving legal advice could be dealt with by solicitors for the public.

As this work will be done with a solicitor hat on, any solicitor employed in these new roles will need to have a practising certificate.

They will also be subject, as an individual, to SRA regulation, in particular, the new SRA Code of Conduct for Solicitors, RELs and RFLs (“the Individuals’ Code”). Their employer will not, however, be subject to the new Code for Firms or any other SRA regulation which will result in some loss of regulatory protections for the clients and may create some tensions in the employer/ employee relationship. The employer is in effect regulation-free.

For the new in-house solicitor, there will be certain things they need to be particularly aware of. The starting point is the Individuals’ Code which describes the standards expected of all individuals providing legal services. It deals, amongst other important issues, with the client relationship generally and adds some obligations and restrictions specifically relevant to in-house practice.

There are also obligations set out in the Transparency Rules requiring certain information to be given to clients.

Standard 8 in the Code is particularly relevant in that it applies to those “providing services to the public or a section of the public” regardless of whether this is in a regulated or unregulated environment.

Standard 8.6 sets out the general requirements about giving information to 16 www.birminghamlawsociety.co.uk

clients. This must be done in a way they understand and enable them to make informed decisions about the services they need, how their matter will be handled and the options available to them.

Standards 8.2 – 8.5 cover complaints handling which applies equally to those working in-house and providing legal services to the public. As with private practice, in-house solicitors must give clients information about their complaints handling arrangements including information about their right to make a complaint to the Legal Ombudsman.

Standards 8.10 and 8.11 are important to in-house practice as they flag up the need to be clear to clients about what regulatory protections apply. Standard 8.10 says solicitors must ensure that clients understand whether and how the services they are to receive are regulated. In particular, this must include: “(a) explaining which activities will be carried out by you, as an authorised person; (b) explaining which services provided by you, your business or employer and any separate business are regulated by an approved regulator; and (c) ensuring that you do not represent any business or employer which is not authorised by the SRA, including any separate business, as being regulated by the SRA”.

Ensuring that clients understand how the services they are to receive are regulated places a heavy burden on those employed in-house. They will need to explain clearly to their clients, some of whom may be vulnerable or have a poor understanding of English, that whilst they as individuals are SRA regulated the firm is not. The obvious way to make this clear is on the employer’s website, particularly on any section dealing with the company’s legal services, and in the terms of business issued to the client.

However, if there is any doubt about the client’s ability to read or understand this information, it might be necessary to explain it in person and record that this has been done.

Where two or more different services are being provided by the employer to the client, one of the most difficult aspects of 8.10 might be making clear exactly which work falls into the “legal services” category and is, therefore, regulated, and which falls outside the regulated net. This may need some careful delineation in a client care letter.

8.11 goes one step further and states that “you ensure that clients understand the regulatory protections available to them”.

Again, this is going to need to be explained quite clearly in the company’s terms of business or even in person. Clients will need to be told that, although the individual

solicitor acting for them, or supervising their legal work, is regulated and obliged to meet certain regulatory obligations, the company is not and that this has some loss of protection. The exact losses which must be explained are these.

• Client money cannot be held by the solicitor (this is prohibited by standard 4.3 of the Code for individuals) and must, therefore, be held outside a solicitor’s client account; • There is no access to the SRA Compensation Fund. This is information which must be provided to meet rule 4.3(b) of the Transparency Rules.

• Indemnity insurance is not available under the minimum terms and conditions required by the SRA Indemnity Rules. If there is alternative indemnity insurance cover, this must be explained. This requirement is to be found in rule 4.3(a) of the Transparency Rules.

The two Transparency Rules requirements will inevitably necessitate some explanation of the purpose of the compensation fund and the minimum terms and conditions under the Indemnity Rules for clients to understand what it is that they are to lose.

To assist those employed in-house and providing legal services to the public, the SRA has issued guidance which can be found on its website at – https://www.sra. org.uk/solicitors/guidance/ethics-guidance/ unregulated-organsiations---givinginformation-to-clients/ It has also issued guidance for employers of in-house solicitors. This can be found at: https://www.sra.org.uk/solicitors/guidance/ ethics-guidance/unregulated-organisations--for-employers-of-sra-regulated-lawyers/ Ideally, any prospective employee solicitor should direct their employer to this guidance when negotiating their contract of employment.

It is early days and impossible to predict all the different types of employed practice that will open up for solicitors. However, with any offer of employment, it would be sensible for the solicitor concerned to do some proper background checks on their prospective employer, to be clear about the services they will be providing and who they will be responsible for supervising and to get assurances, preferably in the contract of employment, that there will be no restrictions placed on their ability to fulfil their regulatory compliance obligations.

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

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REGULATION REPORT

OPPORTUNITY KNOCKS OR FREEDOM AT A PRICE? How would your firm cope if you lost staff in this way? If someone is going to compete with you, do you get them to work their notice or put them on gardening leave and try and build a rapport with the client?

One thing to think about now is flexible working. Do you have a culture of flexible working? If so, does it really work for your team? Check in with key personnel now, before they can simply go freelance.

WHEN A FREELANCER IS ON THE OTHER SIDE OF A MATTER If your team is asked to make a payment to a third-party managed account (TPMA), do they know what one is and how it works?

What does the new ‘gig economy’ freelancer model mean for you and your law firm? Paul Bennett of Bennett Briegal LLP looks at some of the key opportunities and challenges.

Just as you get instant coffee, filter coffee and barista-made coffee, the public will soon have a range of solicitors to choose from, from freelancers (instant) to more expensive and sophisticated options. For established law firms, the introduction of freelance solicitors is a seismic change which faces us from 25 November 2019.

The new model gives employees and partners an option which is easier to launch than a traditional law firm and the opportunity to be totally flexible, and free from the shackles of partnership. Solicitors will find the new model appealing from a work-life perspective, and if they can see ‘their’ clients wanting to follow them it could be compellingly easy for them to switch from traditional practice models to the freelance model (which the SRA call an SRA-regulated independent solicitor).

The option of becoming a freelance solicitor makes it cheaper, easier and more straightforward to set up and practise alone than ever before. There is no process which will take months to get a new firm authorised.

If someone wants to become a freelancer, they simply buy insurance, notify the SRA and ensure they have a letter of engagement and 18 www.birminghamlawsociety.co.uk

If accepting an undertaking from a freelancer, you may wish to consider the limitations arising from the fact they cannot hold client funds, so will not be able to offer an undertaking to make a payment, as they will not be in funds. The use of TMPAs means you may need to amend the wording of standard undertakings. As with any other solicitor, a freelancer’s undertaking is a binding commitment and thus enforceable, but you need to make sure the payment obligation reflects the TMPA, and this means that clients – potentially their client or yours – needs to control those funds jointly with the freelancer. terms of business which meet the notification requirements from the SRA perspective. It is a simple model. The key questions are:

Right now, you should be looking at the following:

• Have I notified the SRA?

• reviewing staff knowledge of the freelance model and the client funds restrictions

• Do I have “adequate and appropriate” professional indemnity insurance?

• Do I have a terms of business and an engagement letter which sets out the restrictions on me and the impact on clients?

These questions are minor hurdles for those wanting to set up in this way, but they are one off barriers and low barriers to entry to the market. The most significant barrier is the fact that freelancers cannot hold money in a client account (they can hold their own fees and funds for disbursements in a business account, but this cannot be a client account).

For freelancers, there two other key challenges: the notification obligations are onerous because the insurance is different; and they are sole traders so have unlimited liability. This means that the terms of business and insurance must do their job effectively for that personal liability could go horribly wrong.

THE RETENTION CHALLENGE FOR FIRMS I spent much of this summer preparing documents for freelancer solicitors. In November and December, I am expecting to see solicitors moving away from firms suddenly, especially parents of young children and older practitioners reducing their workload.

• reviewing undertakings routinely sought – what would be needed to make those work without a client account for the other solicitor • ensuring your systems and processes are updated so that payments are not made to freelancers who are not entitled to hold those funds • establishing a system to including checking the status of solicitors prior to making any payments to them.

CONCLUSION The Law Society Practice Note on freelance solicitors was published on 11th September.

I was instructed on developing this and it is intended as a must read for anyone looking at the freelance option. The personal liability risk will put many off, but many sole practitioners and former partners coped with such risks for decades, as do barristers. Instant coffee is still coffee so it is time for a coffee with those staff and partners to whom this new model might appeal.

Paul Bennett is a partner and solicitor with Bennett Briegal LLP, a law firm which advises other law firms and solicitors www.bennettbriegal.co.uk

Sunday 27 October – from 7pm

Ticket Price: £25 including VAT per person (all proceeds donated to charity) Birmingham Law Society’s Stand Up for Justice comedy night aims to raise awareness of the access to justice crisis facing our country, whilst simultaneously raising funds for two invaluable Birmingham-based charities - Citizens Advice Birmingham and Central England Law Centre - working to ensure that local citizens understand their legal rights and are empowered to enforce them.

We hope that the event will be an enjoyable and light-hearted evening with a powerful message at its heart, which will send our guests away amused, entertained and better informed about why access to justice and the rule of law matter to us all.

We are delighted that the following comedians are already confirmed, plus a surprise special guest appearance:

Guz Khan (Live at The Apollo, Finding Fatimah, Man like Mobeen)

Karen Bayley (Comedy

Jo Enright (Phoenix Nights, Peter Kay’s Britain’s Got the Pop Factor... and Possibly a New Celebrity Jesus Christ Soapstar Superstar Strictly on Ice)

Gareth Berliner (Coronation Street’s Macca)

Daliso Chaponda (Britain’s Got Talent)

Jay Droch (BBC Asian Network Comedy Special)

Junction)

John Simmit (Teletubbies, The Real McCoy)

Book now at:

www.birminghamlawsociety.co.uk/events/social

* line up may be subject to change

What’s it all about?

Access to the courts, for all, has been a constitutional right since before Magna Carta. However, there is little point having access to the courts unless you also have the means to pay for lawyers who can explain the law, and represent you. Over recent years, successive cuts to funding have brought the UK justice system to its knees. In many areas, the system has reached crisis point.

Sweeping reductions in the scope of legal aid mean that thousands of people each year now find themselves unable to access any form of legal advice or assistance when the unthinkable happens and they are faced with a life altering situation. That could be losing their home or their children, their right to live and work in the UK, or even their liberty. Some simply never find out what their legal entitlements are and how to enforce them.

Others seek to represent themselves, navigating their way through a complex court system without any professional advice or guidance. More often than not, it is those who are most vulnerable, least educated and, frequently, least well who find themselves in these situations.

If you would like to join us in standing up for justice and helping us to raise even more money for the two charities by sponsoring this event, please contact becky@birminghamlawsociety.co.uk The charities

Thank you to our sponsors

www.birminghamlawsociety.co.uk

OUT OF HOURS

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THE ENTERTAINER Said to be one of the greatest plays of the 20th century, for the first time since its original premiere in 1957, John Osborne’s classic is given a vibrant new setting and an electric new vision. Archie Rice hits the bottle a little too hard and dodges taxes a little too often. Despite being a washed-up show-man playing the summer season in 1980’s Britain, he is determined that the show must go on – even if no one is there to see it. Rebecca Rhodes talks to actor Shane Richie and director Sean O’Connor on bringing this classic British drama back to stage and what it means to be an entertainer today.

How did the opportunity come along to play Archie Rice?

Shane: Well this has been in the making now for about 12 years. Sean and I (Director Sean O’Connor) worked together back in 2001 on EastEnders when he was Story Editor. He was responsible for a lot of Alfie Moon’s big stories back in the day and then we worked together on a reboot of Minder for Channel 5 where I played Archie Daley. I was in my midforties then. Sean was still in his early fifties and he said to me ‘Are you familiar with John Osborne’s The Entertainer because one day you will make a great Archie Rice’.

So, then we jump 12 years ahead and last year we’re chatting, and he said, ‘How do you fancy having a go at this?’ I said, ‘I’d love to’.

It was then that he told me that he was going to do things a bit differently, to take the book, take this great classic that was set in the 50’s and for the first time reset it in the 80’s.

Straight away, I thought great, but how are we going to get permission to do that? Of course Sean worked his magic through the Osborne estate and this is where we are.

We’ve got an old play done a brand-new way.

And I think that’s down to Sean, who has had the vision for a long time and has wanted to do this but bring changes and present it for a modern audience. And Sean knows, more than anyone how to do that; I mean, he put The Archers back on the map, he was responsible for some of the biggest storylines in EastEnders as well as numerous TV and Film projects he’s worked on over the years and so, there is no better person to turn this around.

What made you think of the 80’s rather than more modern than that?

Sean: Several reasons really, I think that one of the major issues is about internet communication really. In the story you’ve got a very distant war where the son goes off and he is kidnapped and then dispatched by the enemy. The process of gaining information is much quicker now, it’s all done by mobile phones or emails.

I was looking for a context where the play would resonate today and the early 80’s with the Falklands War is one of the last big times when Britain was questioning its status on

the international stage as we are doing again today. So, I wanted to have an era that would speak very loudly about today and I think this period does just that, in terms of what Britain means; what it’s for and where it is going.

Secondly, 1982 is the moment when old style comedy, your Seaside Specials, your traditional comedians are being outlawed by the newcomers like the Comedy Store Players, the likes of Spitting Image and all of that satire; the change over from old style comedy to alternative comedy so that’s a moment. A moment of cultural change and a moment of historic change with all of Britain

“

I know who Archie Rice is, I know how it feels inside and I know what it’s like to be dead on stage.

”

questioning itself. I think that the resonance for today is very clear.

Also, perhaps Archie is not just an outdated style of comedian but an outdated style of man and ultimately, what he represents, the culture of what he represents; a certain type of opinionated, careless, insensitive, middle class, middle aged man is now also being questioned, post Me Too movement in a way that has never been before. So, I think, just by transposing this story to a different time period makes it read much louder.

Shane, are you basing your version of Archie on anyone in particular? Is it a cautionary tale?

Shane: Yes, he’s an amalgamation of people.

My dad used to run clubs in London, and I grew up around Working Men’s Clubs in north London. I come from a big Irish family so every weekend we’d be at the clubs and I would see these comedians come on stage and do Irish gags, homophobic, racist, sexist and people would laugh. Then when I started in the business, in the eighties, it’s been well documented that I did stand up. I did shows like Live From the Piccadilly, Live From the Palladium, Seaside Specials, I did summer seasons in clubs, holiday camps, I get depressed thinking about it.

So I have worked alongside a lot of these comics and even when on TV, as Sean was saying, when Spitting Image started, French and Saunders, Alexei Sayle, I think it was only really Channel 4 who were showcasing this kind of humour which I loved. As a comic, working in the industry I saw the changes very quickly and the people that I was working with felt very dated very quickly.

Unlike a lot of the actors that have played this part before me, Olivier, Branagh, I mean there is no denying that they are wonderful actors, but they have never done stand up.

They have never stood on a stage, in a club or at Butlins when kids are doing knee slides in front of you, there’s someone playing on the fruit machines or waiting for Bingo to get started. I have. I have been that comedian and I have stood there doing my thing for all these people who have come to see Little and Large or Jimmy Cricket and I have died on my arse because this audience had been fed a staple diet of your Jim Davidsons your Bernard Mannings, your Jim Bowens.

That’s all they knew so I would have to go up perform material which was totally not right for them and died on my arse. So, I know. I know what it’s like, I know who Archie Rice is, I know how it feels inside and I know what is like to be dead on stage.

I have been there; I remember having beer bottles thrown at me in Colchester. In Wales, I remember coming off stage, I must have been nineteen or twenty, and back then you had to do 3 half hour spots. I remember doing this particular club, going on and doing my material and just dying a death. No one www.birminghamlawsociety.co.uk 23

OUT OF HOURS

Shane Richie’s Ladies Night Out which was me touring with strippers and drag queens around pubs and clubs as a 19 year old. Occasionally I would do the odd play, but I’d turned my back on it a bit.

In the eighties I did some TV, Seaside Special, Russ Abbott’s Mad House, Les Dennis’s show, a couple of sketch shows and then I was offered a show called ‘Lucky Numbers’ which was a bingo show which got 12 million viewers on a Friday night and then I got a Saturday night show and, bear in mind that I was still in my 20’s so I never had a plan. I didn’t want to be out of work. I had married very young and I had children when I was very young, so I had a family to look after. And I remember thinking there and then, if I am going to be an actor then I am not going to sit on my ass and just wait for the next job, so I learnt to dance. I went to Pineapple Dance Studio and I learnt to tap, I did Grease the musical, I did a few other musicals, went back to acting school for a while and did a lot more stand up.

It was a necessity that I couldn’t be out of work because I had bills to pay and I had been poor once and I refuse to be poor again. I didn’t want to live like that so I was always working and a lot of it was out of choice.

was interested, they were just talking.

I was getting changed in the dressing room in between spots and there was a duo who were on the same bill, now the average age of the duo was dead, and one of them said ‘I don’t think you are very funny, do you know any Tom Jones? Why don’t you go and sing because you are not very funny?’ So I remember going on and just singing Rock Around the Clock and a load of old Elvis songs just so I could get paid.

This is back in the day when you’d arrive in the middle of nowhere, find a phonebox ring the agent and they would tell you there and then if you are working or not. Then you’d have to find some digs for the night so, I know who Archie Rice is and that is him.

What do you think audiences will take away from this version of the Entertainer? Or what do you hope they will take away from it?

Shane: Well we hope that there will be part of the audience that will come knowing the original piece but if you have never seen it then it doesn’t matter because it stands up on its own, I think it’s fair to say isn’t that right Sean?

Sean: Yeah I think it’s a more accessible version of the play rather than the original and it’s shorter. I think these days you have to remember people want to get home by half ten and that they are probably coming on a week night and working the next day so watching a three act play that finishes 24 www.birminghamlawsociety.co.uk

at eleven; it’s just harder, it’s less appealing.

And we moved some of the scenes around, we have changed some of the songs, so that it feels more of its period, the early 80’s. And I guess that it’s an attempt to try and reach across the foot lights and hope that the audience enjoys a really accessible, entertaining, classic play.

You’ve managed to seamlessly move between working on stage and on TV, was that always part of the plan?

Shane: It was never my plan when I started, I mean I started very young as an actor, 1978 or 1979 I was in Grange Hill and then I was accepted into the National Youth Theatre in 1980. I was just 15 and I didn’t do it, because I just finished touring with a theatre group. Bbecause I grew up in a women’s refuge I used to go with a lot of children to holiday camps as a kid and I remember thinking I wouldn’t mind doing that when I’m older; being a Blue Coat at Pontins so that’s what I did.

Even as a ten year old I’d call bingo, I would sing with the bands, I’d do the raffles, so I was used to being on the microphone and someone said ‘Oh you are really good at compering, why don’t you go to Spain, there’s a comparing job in Torremolinos. So, I did.

After that I got a stand-up routine together, realised that I could make £50 a night as opposed to £50 a week as a compere and then I ended up doing

It’s interesting because it brings me back to ‘The Entertainer’ again. I remember calling myself an entertainer in the 80’s, and it was a dirty word because immediately you thought of someone on the end of the pier.

It wasn’t until Robbie Williams, after he left Take That, at the height of his fame described himself as an entertainer and all of a sudden, every artist, even traditional actors would describe themselves as an entertainer.

For me the umbrella is an entertainer, underneath that you may be an actor, singer, dancer, juggler, mime act but you are still foremost an entertainer.

I had a long chat, hate to name drop, with Judi Dench and she agreed with me. But then I remember being called a celebrity in the 80’s and it was a badge of honour to be called a celebrity. To be called a celebrity now feels like a dirty word.

Archie Rice is an entertainer but back then it represented something very different than it does now and that’s why I love playing Archie because I go back to what I know. I know exactly who he is, I know exactly where his heart is, where his head is, where his stand up is, where his attitude is, why he is doing it. I know everything about him.

The Entertainer will run at the Grand Theatre, Wolverhampton 7-12 October and Coventry’s Belgrade Theatre 15-19 October.

For tickets and to find out more visit www.theentertainerplay.co.uk

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OUT OF HOURS

ROLEX REFURBISHED

Having been a stockist of Rolex watches for over 50 years, Johnsons Jewellers, a fine family jewellers based in Nuneaton, in the heart of Warwickshire have recently expanded and refurnished their dedicated inhouse Rolex area. The bespoke showroom has been crafted in warm American Walnut, royal green interior, luxurious limestone and stylish cream leather finishes.

Customers are welcome to view the extensive Rolex collection relaxing with a glass of champagne, whilst being taken care of by their Rolex specialist team. Additional seating areas has also been added allowing customers to be fully submerged in the Rolex experience of buying a fine Swiss timepiece.

The Rolex watch collection can be viewed in the Rolex showroom at 51 Queens Road, Nuneaton, CV11 5JX For more information on the Rolex watch collection visit www.rolex.com To see more about Johnsons Jewellers visit www.johnsonsjewellers.co.uk

NEW TRICKS FOR CHARITY ‘Walkies and Wellies’ – organised by Birmingham St Mary’s Hospice – will see hundreds of caring canines and their generous owners take on a sponsored walk on October 26th to help raise much-needed funds for the charity.

The walk is open to all dogs, both big and small, and walkers will be able to choose from a one or three mile route, allowing them to explore the beautiful Worcestershire nature reserve with their four-legged friend. Every compassionate pooch who crosses the finish line will be rewarded with a free doggy goody bag full of tasty treats, which has been generously gifted by premium dog food manufacturer Fish4Dogs.

PRISM @ THE REP Robert Lindsay returns to the stage in a new play based on the astonishing true story of the man who made Hollywood’s greatest divas beautiful. The star of My Family and Citizen Smith, Robert Lindsay plays double Oscar-winning cinematic master Jack Cardiff in Terry Johnson’s poignant drama, Prism which opens at Birmingham Repertory Theatre from 4 – 12 October.

The play sees Jack Cardiff retired. His days of hard work - and play – on some of the most famous film sets in the world are now long behind him, as are his secret liaisons with some of the most famous women in the world... Surrounded by memorabilia from a lifetime of ‘painting with light’, the writing of an autobiography should be an easy matter - were it not that Jack would now rather live in the past than remember it. Starring alongside Robert Lindsay is Tara Fitzgerald.

Men, money and microphones will be fought over in a new loving and irreverent all-female adaptation of Jane Austen’s unrivalled literary classic, Pride And Prejudice* (*sort of) which also opens at The REP from 15 October- 2 November.

A fantastic adaptation like no other this new retelling of a literary classic draws on over two-hundred years of romantic pop history to deliver a unique take on a beloved novel.

The story is told from the point of view of six young women. These are the women who empty the chamber pots and sweep ash from the grate; the overlooked and the undervalued making sure those above stairs find their happy-ending.

It costs £5 to register dogs for the walk – humans go free – and all sponsorship raised will go towards the Hospice, which helps local people to live well when diagnosed with a life-limiting illness.

Of course, they’ve always been running the show - after all ‘you can’t have a whirlwind romance without clean bedding’ – but tonight, the servants are also playing every part. Let the ruthless match-making begin!

To find out more about Walkies and Wellies, or to sign up your fourlegged friend, please visit: www.birminghamhospice.org/uk/walkies

To find out more and to book tickets head to birmingham-rep.co.uk

26 www.birminghamlawsociety.co.uk

AUTUMN & WINTER 2019 SEASON NOW ON SALE Highlights Include:

15 OCT2 NOV

PRIDE AND PREJUDICE* (*SORT OF) An all-female adaptation of Jane Austen’s literary classic

3-12 OCT

PRISM

19-23 NOV

Robert Lindsay and Tara Fitzgerald feature in the story of the man who made Hollywood’s greatest divas beautiful

ONE UNDER

An evocative play exploring the power of guilt, a quest for atonement and the fragility of relationships

5-9 NOV

MY BEAUTIFUL LAUNDRETTE A bold new drama exploring gender equality, class and generational strife.

Featuring music composed by iconic pop duo Pet Shop Boys

A feast of familiar favourites

Box Office 0121 236 4455 | BIRMINGHAM-REP.CO.UK birminghamrep

@birminghamrep

@therepbirmingham

Registered in England 295910 Charity No.223660

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