Birmingham Law Society Bulletin September 2021

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

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SEPTEMBER 2021

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THIS ISSUE

ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2021.

INSIDE THIS ISSUE 4.

President’s Address.

6.

News.

10. How To Use The Birmingham Law Society Forum.

12.

Ballet Returns To Birmingham.

14.

Is Your Law Firm Going Global?

16.

Power Of Pride - Birmingham Pride 2021.

18.

The Uncertainty Over Undertakings.

20.

COVID Tech Changes Are Here To Stay.

22.

Flood Data Insights from Landmark.

24.

The 10 Laws Of Linkedin: Best Practices For Legal Professionals.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk Twitter @bhamlawsociety Insta @birminghamlawinsta Officers April 2020 – September 2021 President - Inez Brown - Harrison Clark Rickerbys Vice President - Stephanie Perraton Squire Patton Boggs (UK) LLP Deputy Vice President - Tony McDaid - No5 Chambers Hon. Secretaries - Clare Murphy, Harrison Clark Rickerbys Services LTD and Mariyam Harunah, Squire Patton Boggs Chair – Dee Kundi, Knights PLC HR / Equality & Diversity Director – Karen Bailey, Bailey Wright & Co PR & Media Director – Laura Daly, Irwin Mitchell Vice Chair & Finance Director - Ben Henry, Jonas Roy Bloom Committee Director – Rav Hothi Board Director – Tony McDaid, No5 Barristers’ Chambers Professional Development Director – Nisha Panchal, Harrison Clark Rickerbys Ex Officio as President - Inez Brown, Harrison Clark Rickerbys Ex Officio as Past President – Linden Thomas, University of Birmingham Law School

EXPERT WITNESSES FOR: l l l l l l l l

Mechanical and Process Engineering Manufacturing Industries Oil and Gas Industries Petrochemicals and Chemicals Pharmaceuticals Fertilizers and Pesticides Metallurgical Industries Safety and Environmental

2012-2018

Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

Closure of SIF is of great concern to former principals who took out appropriate PII cover prior to retiring or sold their practice within six years but are now under the threat of being personally liable for losses from any claims that are made. It is unlikely that any further extensions will be made by the SRA. The Law Society of England and Wales has helpfully identified four groups that need to prepare for the closure of SIF: Group A: firms that closed on or before 31 August 2000.

This group is currently covered by SIF and will continue to receive funds because they closed their firm before the profession moved to purchasing insurance on the open market.

Group B: firms that closed between 1 September 2000 and 30 September 2016

CLOSURE OF THE SOLICITORS INDEMNITY FUND The profession is facing a significant challenge in the closure of the Solicitors Indemnity Fund (SIF).

Historically, the Statutory Indemnity (SIF) has provided indemnity cover to solicitors of England and Wales.

The profession voted to move from a statutory fund system to purchasing professional indemnity insurance (PII) on the open market and a portion of SIF was retained to provide ongoing run-off cover for firms that had already closed.

However, its scope was later extended to cover other closed firms once their mandatory six-year run-off had expired.

In 2020, The Solicitors Regulation Authority (SRA) reported that they would stop accepting new claims in 2021. However, they have since agreed to extend the scheme for a further 12 months after they were reassured that the extension was affordable.

The Law Society of England and Wales has lobbied on behalf of solicitors and clients urging the SRA and insurance industry to open a consultation to identify potential options.

The real question is how will closure of SIF will affect law firms? Well once a law firm closes, run-off cover must be purchased to protect both solicitors and their clients from a civil claim that may arise out of negligence. This run-off cover is usually purchased as part of 4 www.birminghamlawsociety.co.uk

This group is currently in SIF or will be in SIF by 30 September 2022.

However, they face the greatest difficulty due to SIF’s closure:

the firm’s professional indemnity insurance (PII) for a duration of six year.

• Former principals of a closed firm should notify SIF of any matter that could give rise to a claim by midnight on 30 September 2022 as SIF will provide indemnity, irrespective of whether proceedings are commenced after this date.

Cover outside of the six-year period is called supplementary run-off cover that has been provided by SIF by way of indemnity. This supplementary cover was provided at no additional cost to the former principals of a closed firm.

• Retain the relevant paperwork relating to your practice and indemnity insurance records together with previous applications and claims.

However, closure of SIF, means that cover will end on 30 September 2022 for firms that closed on or after 1 September 2000.

Unless alternative arrangements are made the following could be personally liable for losses from any claims arising out of negligence: • former principals of firms that closed from September 2000 onwards • their estates and • individual employees

• Depending on whether you had a good claims history you should consider approaching your former broker or underwriter to check whether they are willing to provide you with supplementary run-off cover.

• Check with your former partners whether they will indemnify you and/or how you would pay for any supplementary cover.

Of greater concern is that historically approximately 11% of claims are made after the mandatory run-off period has expired i.e. these late claims occur between six to fifteen years after a firm has closed.

• Former employers should contact former principals of firms that you worked at which closed without a successor practice during this period and ensure that they are aware of the closure of SIF.

Typically, the following types of legal work are at substantially greater risk of being made after the six-year runoff period:

• Discuss how they might indemnify you in the event of a claim against you as their employee.

• • • •

matrimonial wills and trusts child personal injury conveyancing

Group C: firms that have closed since 1 October 2016.

This group applies to firms that have closed and will never enter SIF as

SIF closes to new claims after 30 September 2022 – which is prior to when the six-year mandatory run-off period comes to an end.

Under the current arrangements, these firms will be left without protection once their run-off cover expires:

FORRESTERS ANNOUNCED AS PATRON OF THE TECHNOLOGY SUPPLY CHAIN A leading firm of patent and trade mark attorneys has become one of the latest patrons of the Technology Supply Chain.

• Former principals should preserve any records that may be of assistance in dealing with future claims.

• Retain the relevant paperwork relating to your practice and indemnity insurance records together with previous applications and claims.

• Depending on whether you had a good claims history you should consider approaching your former broker or underwriter to check whether they are willing to provide you with supplementary run-off cover.

• Former employers should contact former principals of firms that you worked at which closed without a successor practice during this period and ensure that they are aware of the closure of SIF. • Discuss how they might indemnify you in the event of a claim against you as their employee.

Group D: existing or new firms.

Firms that may close at some point in the future need to take steps to minimise their future liability as they will no longer benefit from the cover of SIF. If alternative arrangements are not made, these firms will be left without protection once their run-off cover expires. However, firms can still take precautionary measures to reduce any long-term exposure: • Traditional sole practices/partnerships should seek independent advice on whether to incorporate as a limited liability company. This measure will reduce any personal exposure to claims arising out of work carried out prior to incorporation.

• Improve risk management systems.

• Consider whether to stop taking on new instructions in areas with a high risk of long-term claims and retain a list of historic high-risk areas of work.

• Consider whether supplementary run-off cover is needed for future work and how this cover will be paid for.

• Consider setting aside funds to help to pay for future mandatory and supplementary run-off cover.

• Principles of new firms should consider the above but also take sensible steps for an orderly closure of the firm and prepare for the provision of supplementary run-off cover once the mandatory run-off has expired.

• Former employees should contact the principals of any firm still currently trading for which you used work and ensure that they are taking appropriate precautions to protect themselves and their former employees.

Finally, these are worrying times for many former principals. I would suggest that you continue to visit the website of the Law Society of England & Wales. In addition, Birmingham Law Society will continue to provide you with regular updates but please, please implement the above suggested proposals.

Inez Brown President, Birmingham Law Society.

Dr Jagvir Purewal

Forresters is backing the Birmingham-based Community Interest Company, which supports manufacturing, engineering, technology and services companies.

The Technology Supply Chain works with a range of organisations, including universities and trade bodies, to help businesses find grants, fully funded support and new opportunities.

Dr Jagvir Purewal and Greg Smith from Forresters said it is fantastic to see the firm become a patron of the network, which Greg Smith is helping so many innovative companies in the Midlands. Jagvir said: “Forresters has a history of supporting innovative businesses and entrepreneurs, and so we are excited to be patrons of the Technology Supply Chain which helps these creative businesses and people achieve their objectives. As part of our involvement with the Technology Supply Chain we are offering members free intellectual property (IP) clinics where we explore how IP, e.g. patents, designs and trade marks, may assist these businesses in achieving their commercial objectives.”

Greg added: “Every year UK businesses invest significantly in research and development. It is this investment that helps these businesses stay at the forefront of innovation. Protecting this investment through the use of IP is something that helps these companies to flourish even further in our experience and to maintain their competitive edge. For many businesses, their IP is one of their most valuable assets, and so is well worth protecting.”

Richard Fallon, CEO at The Technology Supply Chain, said: “We are thrilled that Forresters has joined us as patrons, as the input they have provided us with over the last few years has been invaluable. Our no-cost membership provides support and opportunities for a range of manufacturing, engineering, tech and services firms. It is the generous support of our Patrons which allows us to do this. We launched in 2018 with the vision of creating a golden age for manufacturing, engineering and tech firms in the West Midlands.

Jagvir and Greg have worked with us since then, and it is wonderful to have them officially involved now through our patron scheme. It is surprising how many of our members are innovating, and yet don’t know about intellectual property, or money saving initiatives such as the patent box.

“Also, it is fantastic to have Forresters as a finalist and on the judging panel of our Innovation Awards and see them recognised for the work they do with innovative and creative companies.”

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NEWS

PRESIDENT’S DINNER 2021 @ THE GRAND HOTEL Over 250 guests attended the President’s Dinner on the 16th September. Due to the pandemic it was the first time in 18 months that the legal community were able to come together in-person to celebrate the President’s year at the newly refurbished iconic Grand Hotel in Birmingham.

The night included a number of speeches, fantastic musical performances and delicious food.

Evenings like the President’s Dinner would, of course, be impossible without the generous support of

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BLS’ sponsors: Colmore Tailors, Cornwall Street Barristers, Eminent Group, Eudonet, Frenkel Topping, Harrison Clark Rickerbys, Landmark Information Group, Lloyds Bank, Oosha, Serjeants’ Inn Chambers, Tula Medical Experts, St Ives Chambers.

There was a total of £3015 raised during the evening for the chosen charity, Children’s Brain Injury Trust.

Thank you to all the support from our members for attending and contributing to the charity total.

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needed across the UK. Needless to say, our service was in high demand and we stepped up to ensure we could provide what was needed.

Clearly all face to face fundraising stopped, but it didn’t stop us working with our supporters to engage in ‘virtual fundraising’ which was popular and helped us to engage with the wider community. We were fortunate to be selected as the Presidents chosen charity for the year, and although at first this seemed like a challenge, Inez Brown President of the BLS 2020 was an inspiration who was an extremely proactive and creative president.

SUPPORTING IN A PANDEMIC

2020/21 was a year when we all saw our lives changed forever.

For charity’s like the Child Brain Injury Trust the pandemic was not something we had planned for and it came as a complete shock to us as we listened to the emerging situation not knowing where it would lead writes Lisa Turan, Chief Executive of the Child Brain Injury Trust.

Not only were we concerned for the families we exist for, but also our team and supporters. We were fearful for everyone and what was happening across the world. We had so many exciting plans for 2020 all of which had to be put on hold and our priority turned to doing our very best whilst remaining safe.

Families continued to be affected by childhood acquired brain injury both existing and newly acquired.

A number of children had accidents in their homes and outside and suffered illness that resulted in brain injury. Families were struggling and our team ensured they were able to access support and to reach out to us when other services had paused.

Much of our time was spent on zoom and the phone, providing emotional and practical support to any family that needed it and to professionals who had nowhere else to turn .

We provided emergency grants to families facing financial difficulties and educational support for families home schooling their children. We maintained our network and provided some virtual social activities as well as online training. Many of the pathways normally available simply stopped, so one of our priorities was to link with the NHS to provide support to them to ensure families had the follow up support they

She harnessed support across Birmingham and wider creating an innovative fundraising calendar of events which included a virtual Legal Awards, online quizzes attended by a large number of contestants, two wonderful ‘evening with’ which saw Inez interview Cherie Blaire CBE, QC and The Right Honourable Stuart Lawrence. Both evenings were inspirational and enabled viewers to hear about their extraordinary lives.

A golf day and football tournament are planned for September along with the annual president’s dinner to celebrate Inez’s incredible year.

We are extremely grateful to everyone who has contributed and supported what many might say was one of the most challenging fundraising years in modern times.

We couldn’t be more proud of the Birmingham Law Society and the way they have supported the Child Brain Injury Trust with their energy and enthusiasm to ensure our ‘chosen’ year has been a success.

OBITUARY: CHRISTOPHER JAMES Past President, Birmingham Law Society (1983-84).

Christopher was born on the 20th March 1932, to John Thomas Walters James, MC and Cicely Hilda James.

He married Elizabeth Marion Cicely Thomson in 1958, and they had one son and one daughter.

Partner from 1989-94. Christopher was a director of the Birmingham Building Society, then the Birmingham Midshires building from 1980-96, and was Chairman from 1990 to 1996.

Christopher was educated at Clifton College in Bristol, and later went on to study at Magdalene College, Cambridge. He served in the Royal Air force as a Lieutenant from 1951 to 1952, and in the TA from 1952-1960.

He was the General Commissioner for Income Tax from 1974-1982, before becoming President of Birmingham Law Society from 1983-1984. He was chairman of the Kalamazoo Trust from 1997 to 2001,and was a council member at Edgbaston High School for Girls, and was Chairman from 1987-1990. He was a governor at Clifton College from 1980-1999. In his spare time, he enjoyed photography, railways, trying to get the better of his computer and water colour painting.

He was admitted as a solicitor in 1958, and worked as a Partner at Johnson & Co, Birmingham, and a senior partner from 1985-1987.

He then became a Deputy Senior Partner at Martineau Johnson from 1987-89, before becoming Senior 8 www.birminghamlawsociety.co.uk

STEPS TAKEN IN FAMILY COURTS TO DEAL WITH BACKLOG OF POST-PANDEMIC CASES As a result of the Covid 19 pandemic, waiting times for cases to be heard in Court have increased. This has left some families already involved in the Court system, in a state of limbo, unable to finalise matters and move forward. As a direct response to this, incentives are being introduced in an attempt to ease the burden on the Court system or reduce delay. Sara Morton, a Senior Solicitor in the family team at Enoch Evans LLP, explains.

What is the Family Mediation Voucher Scheme?

The Court system already tries to encourage families to use other methods of dispute resolution, where possible, and only use the Court system as a last resort. As a direct result of the Covid 19 Pandemic, the Government has introduced the Family Mediation Voucher Scheme to try to encourage more families to consider Mediation, as a way of resolving disputes. Under the scheme, subject to eligibility, parties can receive a financial contribution of up to £500 towards the cost of mediation.

The scheme is time-limited and although all cases are not eligible under the scheme, disputes regarding children and family financial matters (where there is also a dispute regarding children) are specifically identified. Parties can only claim once per family/case for the £500 contribution and only mediators authorised by the Family Mediation Council (FMC) are taking part in the voucher scheme.

The voucher scheme came into effect in

March this year and it may well be that the financial support being offered avoids parties incurring the legal costs and inevitable delay in pursuing their dispute through the Court system whilst at the same time, potentially alleviating some of the pressures currently on the Court system.

What is the best way to go about mediation and finding out if I am eligible for the voucher scheme?

Before making some applications to the Court, parties should consider Mediation and, in appropriate circumstances, at least one party should have attended a short meeting with a qualified mediator known as a Mediation Information Assessment Meeting (MIAM) before an application is made. At the MIAM, a Mediator will assess whether the circumstances and issues involved would be suitable for Mediation and, whether the eligibility requirements for the voucher scheme are met.

What else is happening to help ease the Court backlog?

CAFCASS is overstretched in terms of the amount of work they must deal with and under resourced. They have implemented a ‘prioritisation protocol’, to prioritise and manage high workloads, in areas where there is a significant strain on the family justice system, including Birmingham, the Black Country, Shropshire, Worcestershire, Staffordshire and Herefordshire.

The intention of the protocol is for the Courts to work with CAFCASS to effectively, triage, cases in private law proceedings based on risk and capacity.

Those families that are likely to need further involvement from CAFCASS will be sub-divided into those cases where

work needs to start immediately and those which are less urgent and which will be allocated to a Practice Supervisor, to oversee until it can be allocated accordingly. In each case, a time to provide reports etc will be agreed, taking in to account the needs of each family and capacity of CAFCASS. I would certainly recommend using a specialist family law Solicitor to help you navigate any recent changes or new options available on the breakdown of a relationship. If clients wish to discuss the options available to them to resolve disputes, we would be happy to speak with them to discuss these.

For further information, contact Enoch Evans LLP on 01922 720333 (Walsall Office) or 0121 7252293 (Sutton Coldfield Office).

93% NEWLY QUALIFIED RETENTION RATE Irwin Mitchell’s latest retention figures for 2021 show that 52 out of 56 trainees are staying with the firm as newly-qualified (NQ) solicitors.

“I want to pay tribute to the quality of all our trainees this year, who have had to face the challenges posed by the pandemic while continuing to achieve outstanding results.

The firm has responded well to the challenges faced by Covid-19, switching marketing activity to digital engagement with clients and adopting a Flexible by Choice way of working. This is now also reflected in the latest figures representing a 93% retention rate, with four trainees only leaving due to NQ roles being unavailable in their preferred team.

“The supervisors have also had their work cut out to offer the same levels of support trainees need and deserve, while working under the restrictions resulting from lockdown.

The 52 newly qualified solicitors will work across Irwin Mitchell’s new Client Services Team covering business and personal clients.

The figures are three per cent up on 2020 and reflect another strong performance by the trainees and their supervisors alike and compare favourably with an industry average of 80%.

Marissa Sanders, Head of Early Careers at Irwin Mitchell, said: “Our latest retention rates represent an outstanding result, by our own very high standards and when compared with the industry average.

“Everyone can be proud of their achievements and we wish all our trainees well for their future careers. Our retention rates continue to be over 90% year on year and shows that Irwin Mitchell is among the best firms for NQ’s taking their important first steps in the legal profession.”

The news follows Irwin Mitchell announcing further support for all colleagues in the form of positive changes to its family leave policy. The firm was ranked among the top 15 best UK workplaces by the Great Place To Work Institute and the graduate training programme is recognised in The Times Top 100 Graduate Employers, The Guardian UK300 and TheJobCrowd Top 50 companies for graduates to work for.

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NEWS INFOTRACK AND OSPREY ANNOUNCE INTEGRATION TO OPTIMISE CONVEYANCING WORKFLOWS Osprey clients can now access InfoTrack’s award-winning digital conveyancing platform via their case management system. Connected via seamless two-way integration, solicitors can optimise their conveyancing workflow end-to-end to digitalise internal processes; future-proofing their firm and exceeding client expectations.

Jamie Connolly, Director at Thomas Flavell & Sons Solicitors says, “We have recently undertaken integration with Osprey and InfoTrack and the whole process was very quick and easy to implement. Since doing so the time savings on our firm are unreal.

No more keying in duplicate information which is eliminating errors.”

Creating a centralised solution for information, firms can manage a matter from initial enquiry to case completion through one system using InfoTrack and Osprey. Access to electronic client onboarding (eCOS), conveyancing searches, AML, indemnities, Property Report, and post-completion solutions means firms can enjoy the flexibility to scale without limitation. The digitalisation of conveyancing workflows ends reliance on traditional, slow, and costly paper files and posting.

Craig Matthews, CEO at Osprey comments, “The integration with InfoTrack helps us provide an enhanced software solution that will assist law firms to run a more efficient and streamlined operation that benefits the client service they provide. Helping them stay competitive, it reduces inefficient processes so firms can scale easily to take on more new clients to increase revenue and importantly profits.”

Using a secure web portal, clients can be onboarded digitally via eCOS increasing law firms’ route to market and helping them meet client demand. Timesaving automation reduces solicitors’ workloads, avoiding re-keying information, and minimising errors by using data drawn from the matter, with all searches and services ordered through InfoTrack automatically returned to Osprey.

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Scott Bozinis, Chief Executive Officer at InfoTrack adds, “Partnering with Osprey provides solicitors with an effective way to manage their conveyancing workflow using automation to increase productivity.

Our shared emphasis on using great technology to centralise information for accuracy and compliance, resulting in delivery of an excellent user experience for firms and their clients, made the integration an obvious choice.”

Wherever you roam, client onboarding with eCOS is pitch-perfect

Technology that connects you, wherever that happens to be Are you trudging through the process of gathering client information to start a transaction?

Onboarding your clients shouldn’t peg you in. eCOS, our electronic client onboarding solution, brings together everything you need to achieve remote onboarding. Access to client care packs, verification of identity and source of funds solutions, onboarding questionnaires and Law Society TA forms, all integrated into your CMS. eCOS gives you visibility over your onboarding process within a single platform.

Embark on a new adventure.

Start onboarding digitally with eCOS from InfoTrack.

Visit www.infotrack.co.uk/ecos or call us on 0207 186 8090 to say no to paper and onboard clients electronically.

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HOW TO USE THE BIRMINGHAM LAW SOCIETY FORUM You will need to add your name and email (you can write your name as ‘anonymous’ if you do not wish to reveal your name). Other forum users will not be able to see your email address. When you are finished, press the ‘Add Topic’ button again to submit your post for moderation.

How to reply to posts on the forum You can also reply to other posts in the same way.

Click on the post that you wish to reply to.

The Birmingham Law Society Forum is an area for you to discuss all manner of topics relating both to the legal profession and the work of BLS.

Scroll down to the box below, where you can type out your response. Click on the ‘Add Reply’ button to submit your response for moderation.

Please feel free to join in. Posts can be published anonymously should you wish to do so and please feel free to suggest other topics in the ‘Suggestions for other topics’ section.

First you will need to login to the Birmingham Law Society website. Once on the website, click the LOGIN button in the top right corner of our website’s homepage.

This will take you to the following page: Fill in the E-mail field with your membership email address (the email that receives your BLS communications).

If you have not used the membership login before, click the ‘forgot password’? link below the ‘Login button’. This will generate a password for you to use, which will be sent to your email. You can also follow this step if you have forgotten your password.

Once you have logged in, you are able to use the forum: How to add a post on the forum On the forum, you will see a list of current topics that are being discussed. Click on the title of the one you wish to contribute to:

Note: If you would like to add a discussion point, please do so on the ‘suggested topics’ section at the bottom of the forum and we will generate your new post as soon as possible.

Click the ‘Add Topic’ button to start writing your post:

Should you need further assistance, you can contact us by e-mail at events@birminghamlawsociety.co.uk

DIVERSITY INCLUSION SCHEME

SCHOLARSHIP WINNER ANNOUNCED Suraj Hallan has been announced as the successful candidate for the Birmingham Law Society Diversion Scheme and as such will receive a university scholarship on the post graduate course, advice on CV writing and interview coaching, training on presentation skills and mentoring.

“I am absolutely thrilled to have successfully received the Birmingham Law Society’s Diversity Inclusion Scheme Scholarship” said Suraj. Finishing up on my LLM, I have had the ambition of becoming a solicitor, but I was unsure as to how I would fund my LPC as I am yet to secure a training contract.

A place on this scheme has allowed me to overcome this obstacle and reach that one step closer towards achieving my dreams. Especially coming from a workingclass and BAME background, this scholarship has been able to provide me with support and a necessary tool of empowerment. It helps me to ensure that there is a place for people like me in the legal profession, despite often being told and led to believe that those from my background do not become lawyers. I am looking forward to beginning my LPC at The University of Law in Birmingham. I would like to say a massive thanks to Paul McConnell and Linden Thomas for supporting my application, and Inez Brown and Sarah Ramsey for believing in me by providing me with this scholarship.”

the UK’s best-loved charities, all while welcoming new clients and boosting the profile of your business.

“Participating in Will Aid is simple and beneficial for all involved. If your firm has any questions before registering for this year, please do not hesitate to get in touch via our website, one of our team members will be more than happy to assist.”

As well as supporting nine great causes, Will Aid’s enthusiastic PR team can help promote law firms’ involvement with the local and national press and drive new clients to firms, many of whom will need additional services over and above their basic wills.

Jon Jacques, Chair of Will Aid, added: “We are very grateful for the philanthropy of solicitors who take part in Will Aid. Their selflessness each and every year is truly appreciated.

“By volunteering your time to this year’s campaign, you will be helping local people protect their loved ones and causes close to them with a professionally written will. You will also play a major part in helping nine charities continue their life-changing work.

WILL AID 2021 – TAKE PART! Solicitors like us can help charities continue their life-changing work by taking part in Will Aid this year and reap the benefits it brings.

At Redfern & Co, we take great pride in the knowledge that we have taken part in the national will-writing campaign for 11 fantastic years and raised a total of £13,750.

It was launched in 1988 and sees participating solicitors volunteer however much time they like throughout November to write basic wills without charging a fee. Instead, our clients make a voluntary upfront donation to Will Aid. The campaign has raised more than £21 million, which has been shared among the campaign’s nine partner charities: Age UK, ActionAid, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, Sightsavers and Trocaire.

These important causes have felt, and continue to feel, the brunt of the pandemic on their finances. So, campaigns like Will Aid are key to their recovery. That is why, despite the

difficulties of last year, we made sure we continued our support by taking part in Will Aid. Taking part in the campaign not only supports the nine charities, but it brings benefits to our firm too. Each November, we find ourselves opening our doors to new clients, increasing the number of people who will potentially return for other services.

In addition to this, we are helping people get a professionally written will in place to protect their loved ones and causes close to them. Will Aid encourages people to think about this important legal document and, with coronavirus remaining at the forefront of everyone’s minds, we expect more people to seek wills again this year.

Peter de Vena Franks, Campaign Director for Will Aid, said: “It was inspiring to see our committed solicitors, including Redfern & Co, continue to volunteer their time to raise vital funds last year despite all the challenges.

“I encourage any solicitor firm, new or returning, to sign up to Will Aid 2021 and use this opportunity to support nine of

“It is no secret that the pandemic has been detrimental for everyone, including the causes Will Aid supports. Campaigns such as this are vital to ensuring they maintain the donations they need to help vulnerable people.”

In 2020, the generosity of solicitors volunteering their time helped the campaign raise over £655,000 for the nine partner charities. This is a fantastic result, especially during a pandemic, but the campaign aims to raise even more in 2021.

Will Aid is currently recruiting solicitors in the Birmingham and West Midlands area, where there has already been lots of demand from people who would like to use the scheme to prepare their will. To raise the profile of your business, meet new clients and help charities bounce back from the impact of the pandemic, we ask you to sign up today.

Solicitor firms which are interested in taking part in Will Aid 2021 can find more information and register on the campaign’s website. Those who have any questions can contact the Will Aid team directly, who will be happy to help. www.willaid.org.uk/solicitors

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You can watch the beautiful trailer for Romeo and Juliet, filmed at Birmingham’s Aston Hall, here

‘Edward Clug’s Radio and Juliet is an exciting new addition to Birmingham Royal Ballet’s repertory; photo: SNG Maribor Ballet © Marta Tiberiu.

BALLET RETURNS TO BIRMINGHAM Birmingham’s very own worldclass ballet company returns to Birmingham Hippodrome stage this October. Director Carlos Acosta, who took on his role just before the pandemic hit in spring 2020, leads his new Company in what is effectively his first real season at the helm! And his programming sets the tone for a new and vibrant offering as part of our city’s acclaimed artistic output.

The season opens with Sir Kenneth MacMillan’s glorious interpretation of Romeo and Juliet, a ballet Acosta himself has starred in many times.

This autumn he’ll be behind the scenes, coaching the talented young stars of the Company in what he declares is ‘one of my favourite roles, full of friendship, passion and loss’ and helping them grow their own individual interpretations of what is surely one of the most powerful love stories ever told.

MacMillan created this production especially for the Company in 1991 and it has become central to the Company’s repertory. It’s a full-company piece and the action ranges from bustling market scenes to intimate family moments. The scenery and costumes paint a rich picture of medieval life, with monumental stone columns that cleverly conjure up the action-packed marketplace of Verona, a moonlit garden and the famous balcony, 14 www.birminghamlawsociety.co.uk

and the magnificent hall in which the fateful Capulet ball takes place, setting in motion this tragic story of love, brotherhood and despair.

Of course one of the outstanding elements of the Company’s performances is the presence of the members of the Royal Ballet Sinfonia in the pit, performing Prokofiev’s rich and heart-stirring score live.

For the second week of the season Carlos has curated a double bill: R&J Reimagined. The second part of the programme will be announced shortly, but the Company is already deep in rehearsal for Radio and Juliet, a one-act ballet by Romanian choreographer Edward Clug that reinterprets Shakespeare’s story and retells it from Juliet’s point of view.

This new introduction to the Company’s repertory has been an international hit since its creation in 2005 for Ballet Maribor in Slovenia.

It uses 11 songs by the group Radiohead as its soundtrack to create a striking background against which this familiar story is reshaped – with a dark intensity - through Clug’s unique movement. As Clug himself says, ‘You could call this quite a twisted version... My intention was not to retell the story but offer the audience an experience from a different perspective.’

Looking ahead, the Company has just announced that this year it will

be performing a specially adapted version of Sir David Bintley’s Royal Albert Hall production of The Nutcracker at Birmingham Hippodrome. This spectacular production brings the orchestra out of the pit and up onto a platform raised above the stage. Projections are used to create many of the magical transformations of the story.

(Sir Peter Wright’s original 1990 production will return to the stage in 2022 following a comprehensive refurbishment that will see it ready to delight Birmingham audiences for another 30 years.)

Don’t miss your chance to be part of the action as Carlos Acosta takes the helm of one of our city’s flagship arts organisations. Birmingham Royal Ballet’s performances at Birmingham Hippodrome are the perfect night out with family and friends, or to entertain clients and business partners.

Book direct at Birmingham Hippodrome by clicking the titles of the ballets below.

Romeo and Juliet Carlos Curates: R&J Reimagined The Nutcracker Or if you’d like to know more about supporting Birmingham Royal Ballet through corporate opportunities or individual giving, contact Emma Thompson.

Director Carlos Acosta

Carlos Acosta invites you to join us as we return to Birmingham Hippodrome – we can’t wait to welcome you back

Sir Kenneth MacMillan’s

Romeo and Juliet 6 – 9 October

Carlos Curates: R&J Reimagined A double bill, including Edward Clug’s Radio and Juliet, danced to the music of Radiohead

14 – 16 October

Céline Gittens and Brandon Lawrence. © Richard Battye

brb.org.uk

OPINION

IS YOUR LAW FIRM GOING GLOBAL? about currency fluctuations between invoicing a client and the payment’s due date, you may want to lock in exchange rates.

This reduces your exposure to currency risk, and enables you to bill clients fixed amounts, safe in the knowledge that the amount budgeted for is the amount coming in, and can give you more security of knowing that wherever the market moves, your profits are protected.

NO NEED FOR CURRENCY BANK ACCOUNTS The last thing you need is more admin to deal with, so you will probably want to avoid opening a currency bank account. In fact, if you are not going to have equal incomings and outgoings of that currency, they can be a false economy.

According to findings from the State of the UK Legal Market 2021 report from the Thompson Reuters Institute, ongoing pressures, such as the effects of the coronavirus pandemic and Brexit, are causing disruptions and the shifting of priorities in the UK legal market.

KEEPING COSTS LOW If you are just making the occasional bank transfer overseas, your first thought will be to utilise your current banking relationship. However, Bank transfers may not always be the most convenient way to make international payments.

The report found that the demand for cross-border legal advice had increased since 2017 because of the uncertainty caused by Brexit. Specifically, 80 percent of UK corporates were looking for international legal support, and 47 percent of UK corporate legal spend was dedicated to international legal work.

A good provider will have a comprehensive global footprint, enabling you to pay foreign associates in multiple countries and territories, using your home currency, without the need for overseas bank accounts.

Meanwhile, COVID-19 has created global opportunities for many law firms who now have clients all over the world being serviced virtually.

The scope for expansion is huge but moving into new markets can be intimidating. However, there is a way for UK legal firms to take advantage of the new opportunities and it may not be as daunting as you think.

WHAT IS STOPPING YOU? SOME COMMON AREAS OF CONCERN: You may need cross-border transactions to facilitate payments for intellectual property, or cases related to immigration.

Or perhaps you have expanded overseas and need to organise your foreign associates’ payroll and payments, and foreign office funding. Whatever the reason, any organisation making international payments for the first time has concerns and questions about how it will all work.

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With a payments provider, incountry banking relationships enable transfers to be treated as local currency transactions, reducing wire charges and your firm’s expenses.

Bank reconciliation is quick and easy with fully referenced payments and statements.

You will also need to keep an eye on any incoming payments. If bank fees are applied to these, you may receive less than your invoiced amount, so make sure your provider has a transparent charging structure.

Managing the risk of currency fluctuations.

Another concern when entering the global arena, is currency exposure risk. Creating a risk management strategy will help you optimise your cash flow and mitigate the risks of currency fluctuation, giving you certainty and control.

A good payments provider will work with you to develop a strategy in line with your business goals. If, for example, you are concerned

A specialist payments provider can offer other solutions, such as holding balances. You can store incoming payments free of charge for up to 90 days. This gives you control over your funds, flexibility to secure favourable exchange rates, and the ability to make same day payments, reducing your currency risk exposure.

A TRUSTED PARTNER Western Union Business Solutions provides payment services for over 600 law firms globally and can equip you with the solutions you need to send, receive, and manage international payments.

We have an extensive global network, spanning 200 territories and 130 currencies, and an in-depth knowledge of local markets and compliance.

Our skilled team of legal industry experts will work in partnership with you to design a customised solution, to help simplify your international payments, payroll and invoice workflows.

We provide seamless integration with our payment platform, which can process up to 200 invoices a day, helping you to focus on servicing your clients, and make the most of your billable hours. Reports and notifications can be automated, and our team will work with you to adhere to your own approval flow.

For further information about Western Union Business Solutions on how can we support the Legal sector please contact our partnership manager to set up a free non-obligatory meeting or visit www.wu.com

DO YOU FEAR BEING ‘FOUND OUT’?

Negative experiences early in our life and career with family, friends and colleagues do increase the likelihood of being impacted. How was being different perceived in your family or at school? How was failure or setback managed? Was success celebrated? If you were the first in your peers to go to Uni, the only boy in a family of girls, the only person of colour in your first law firm then it is not surprising if you feel held back by Imposter Phenomenon from time to time.

I was the only woman on a board of many European companies and on reflection this impacted me when I came into the world of coaching. I wondered what on earth I could bring to organisations when it seemed implausible that I should have been in the role, given the ratio of men to well…me! I slipped comfortably under the radar and played ‘safe’ until I was supported by an incredible coach and some unbiased mentors.

In business and in life in general, many of us can lack self-esteem and confidence.

Career men and women, often feel they are in a position through sheer luck. We may fear being “found out”, particularly as we progress in our careers, writes Rebecca Mander of GuruYou. Ironically, as we aim to progress in this fast-paced environment we fail to see and take credit for our success and the reasons behind it. Girls may outperform their counterparts in school but later, when aiming for top positions and salaries, men win hands down with women occupying just under 10% of FTSE 100 executive roles. Of course, there are often obstacles in our way but quite often the biggest of all is our own mindset.

Many of us short-change ourselves because of the negative messages we pick up on. We humans like to be proven right and so we selectively attend to the times that confirm our belief that we are not quite good

enough and we ignore evidence to the contrary. Those of us who suffer from low-self-esteem, when paid a compliment may think the person commenting is only being nice. The genuinely paid compliment goes against our inner critic and so it is tossed aside in preference for the more familiar feeling “I am not good enough!”

It is this inner critic that stops us going for a promotion or salary increase.

Let’s be honest - how often do we have a great idea and then think “I couldn’t do that”, or go to make an arrangement to meet a prospect client thinking “I am sure they are too busy for me…”?

Perhaps we dread walking into a situation for fear of what others may think.

Imposter Phenomenon was a term first coined by Suzanne Immes and Pauline Rose Clance in the 1970s.

They defined it as “An intense feeling of intellectual phoniness despite successes” which would give rise to the feeling of being found out as a fake, an imposter. This phenomenon is often referred to incorrectly as Imposter Syndrome which denotes a medical condition, which this is not.

Worryingly, our biggest predator in business and in life, can be our own self-talk. Would you speak to a friend the way you speak to yourself?

Probably not. Catch your inner critic when it rears its ugly head and ask yourself what your best friend would say to you? What would you say to someone else in a similar situation?

It is probably far more encouraging!

One way we can do this is by reflecting on what has gone well and looking for evidence that proves our inner critic wrong.

My PAL is a great tool for those of us who feel like an imposter from time to time or all the time. Unlike a gratitude journal that helps you notice the good that happens TO you, the Positive Attitude Log helps you attend to the good that happens BECAUSE of you. The PAL helps silence the inner critic and bring you a balanced, honest reflection of self thus improving confidence. Studies show that 3 weeks of completing a journal like this can improve performance for 3 months!!

Download yours here for FREE: www. guruyoucoach.com/your-pal-for-life/ If you feel you would like more support in silencing your imposter then please email rebecca@guruyoucoach.com We also cover this in our online programme along with other tools and techniques to help those who get in their own way like I did! www.bounceforward.online

www.birminghamlawsociety.co.uk 17

COMMITTEE NEWS

POWER OF PRIDE - BIRMINGHAM PRIDE 2021 Birmingham Pride is taking place on 25th September 2021 and I could not be happier writes Tim Evans, Chair of Birmingham Law Society’s LGBTQ+ subcommittee and Legal Director of Gowling WLG (UK) LLP.

I personally feel that, over the last eighteen months, with national lockdowns and working from home, progression for equality and acceptance of LGBTQ+ lawyers has paused (if not gone backwards).

We already know that LGBTQ+ lawyers, who are not 'out' in the workplace, are more likely to leave their job. We also know that many LGBTQ+ lawyers are still not comfortable with bringing their full selves to work, which can hold back careers and cause mental health problems. Worse still, many lesbian, gay, bi, trans and non-binary people experience bullying and harassment in the workplace.

With lockdown restrictions in place, some LGBTQ+ lawyers will have lost the opportunity to be proud at work and continue to be confident and visible role models. Others will have lost their confidence to come out, as remote working has broken connections and, for new colleagues joining a new team online, prevented the connections and comfortable environments in which to come out to their new employers. We also need to consider those LGBTQ+ lawyers who have been forced to work from home without access to their support systems and safe spaces: some will experience discrimination and abuse in their home due to being LGBTQ+.

Pride promotes an inclusive and welcoming atmosphere for all.

Birmingham Pride is a reminder of what has been achieved but is also a space to advocate for the work we need to do. This is particularly important for those who may not otherwise have felt able to reach out and connect – particularly so during the last eighteen months. More than ever, this is a time to be inclusive, 18 www.birminghamlawsociety.co.uk

have a sense of community and think about others. This is why I am looking forward to Birmingham Pride 2021, more so than any other.

Gowling WLG has had a float at the last three Birmingham Pride events, and we will be there again for our fourth event. Please do keep an eye out for us and give us a wave. Gowling WLG has had an internal network (Openhouse) for many years and was named in the Stonewall Top 100 alongside 16 law firms represented in the Top 100 in a marked success for the legal sector, with the industry named one of the most LGBT+ friendly in 2019.

Whether you are LGBTQ+ or an Ally, Birmingham Pride is a time for celebration, remembrance, love and support; the march is one of the most important aspects of the Birmingham Pride weekend.

Everyone is welcome to be part of the community and to enjoy the excitement of the day, but also to

listen to those voices marching and listen to their messages.

Birmingham Law Society is again supporting Birmingham Pride this year, being part of the march and inviting as many members as possible to join them for what will, no doubt, be an uplifting and empowering day.

Birmingham Law Society's Equality and Diversity Committee meets regularly to discuss how Birmingham Law Society and the committee can help LGBTQ+ lawyers and the Birmingham law profession build an inclusive environment. Please feel free to contact either me, or the EDI Committee chair, Karen Bailey (karen@baileywright.com) if you are interested in joining the LGBTQ+ sub-committee.

Happy Birmingham Pride 2021.

Pictured Left to Right: Denise Morris, Nisha Panchal & Chrissie Wolfe

INTRODUCING THE NEW BLS PROFESSIONAL DEVELOPMENT COMMITTEE FOR 2021/22 Denise Morris is an award-winning Networker & Founder of TAG Network Midlands; an inclusive networking community and membership organisation that advocates the professional development of multisector Students, Graduates, Professionals, Entrepreneurs, and Leaders within the Midlands region. Passionate about diversity and inclusion, youth empowerment, and providing people from different backgrounds and career disciplines access to learning and development, and equal opportunities.

Denise is also Editor-In-Chief of TAG Network Midlands Insider Magazine which showcases and features the finest talent of the Midlands ranging from young professionals and leaders who have inspirational stories to share.

Nisha Panchal’s strength lies in facilitating learning for everyone, regardless of what stage they’re at in their career. She has extensive experience in the legal sector having worked both in-house and as a consultant, providing bespoke programmes and guidance designed to help everyone maximise their potential, she now heads up the Learning and Development team at HCR. Legal professionals have many calls on their time, her aim is to provide content and learning events that are engaging, informative, powerful, and easy to digest, whilst being inclusive and weaving in advancements in technology and innovation.

EVENTS & WEBINARS

Chrissie Wolfe is a multi award-winning solicitor and Founder of Law and Broader; a social media-based resource facilitating accessibility to the profession by providing

support and guidance to aspiring lawyers. The platform has over 60,00 followers and has helped hundreds of students to secure training contracts and legal work experience across the globe. The business now extends to providing social media and brand building consultancy services to individuals and businesses within the legal sector.

Alongside the above, Chrissie regularly guest lectures and speaks at national and global events on topics including legal education, innovation and technology and social media marketing Following a year of remarkable change to the landscape of legal practice, we have all been challenged, both personally and professionally, to operate successfully in “the new normal”.

The role of professional development in adapting and thriving in an ever-changing environment cannot be underestimated and the committee’s aim is to educate and equip our members with the information and skills they need to succeed.

Birmingham is fortunate to be home to a vibrant array of diverse professionals who have a plethora of information and experience to share with you as members. The new committee is comprised of representatives from legal practice, education, technology, human resources, and business sectors from across the region who have come together to produce a variety of content covering all facets of legal practice.

26th August BLS and TAG Network Midlands Professional networking event 6:00pm 8:00pm The Birmingham Contemporary Art Gallery 9th September Charity Golf Day 12:00pm 8:00pm Olton Golf Club 15th September BLS Legal Tech Community Meet Ups: Collaboration using virtual tools 1:00pm-2:00pm Zoom 16th September President's Dinner 2021: SOLD OUT 6:45pm - 12:00am The Grand 23rd September Modern Slavery in a postBrecani World with Crown Court Recorder Douglas-Jones QC (St Ives Chambers) 5:30pm - 6:30pm Zoom

22nd September Football Tournament: SOLD OUT 4.00pm - 8.30pm Goal, Star City 24th September Legal Tech Hackathon 1:30pm-4:30pm Zoom 25th September Pride 11:00am-2:00pm 30th September AGM (In-person) 5:00pm 7:00pm Squire Patton Boggs 13th October BLS Legal Tech Community Meet Ups 1:00pm-2:00pm Zoom 19th October BLS Quiz with BTSS and BSG 6:00pm - 9:00pm Revolucion De Cuba 21st October ESG Webinar with Landmark 1:00pm-2:00pm Zoom

This is an exciting time for the collective members of our talent heavy Professional Development Committee, who will deliver an extraordinary added value proposition against a backdrop of business growth and opportunities across the city. Birmingham Law Society’s newly created professional engagement platform has been developed to further support the values of its members and future leaders.

The purpose behind our inclusive Professional Development Committee is to elevate the positive impact on employability, to develop strategic partnerships, raising sector excellence, as well as playing a strong role in bridging the gap between the next generation of talent and enriching the cultural leadership of the legal sector which will be synonymous with Birmingham Law Society’s learning and development objectives and industry succession mindset.

In pursuit of our objectives, we will be hosting a series of events throughout the year ranging from topics such as retaining talent in a postcovid landscape to the impacts of the new SQE route to qualification on recruitment and training.

Our events will be open to all members and non-members and will be advertised via email and our social media platforms. If you have any suggestions for events or topics that you would like the committee to consider, please feel free to email Chrissie Wolfe at lawandbroader@gmail.com 2nd November Business Email Compromise - Webinar with Western Union 12:00pm 1:00pm TBC 4th November Doing Yourself Justice in Court 10:00am-1:00pm No5 Chambers 4th November Doing Yourself Justice in Court 2:00pm-5:00pm No5 Chambers 12th November Lunch Club with Preet Kaur Gill MP 12:00pm-2:00pm Chung Ying Cantonese

To reserve your place and find out more visit

www.birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk 19

REGULATION REPORT

THE UNCERTAINTY OVE WRITTEN BY JAYNE WILLETTS SOLICITOR WITH JAYNE WILLETTS & CO SOLICITORS

The enforceability of solicitors’ undertakings was considered recently by the Supreme Court in Harcus Sinclair v Your Lawyers [2021] UKSC 32.

The Court of Appeal held that the non-compete clause was unenforceable so Your Lawyers appealed to the Supreme Court which found in their favour. The Court held that the non-compete clause was not an unreasonable restraint of trade and was thereby enforceable.

This appeal to our highest court arose from a group action against the Volkswagen Group involving over 50,000 claimants - known as the emissions litigation. The question in the appeal was whether a non-compete clause by which one law firm (Harcus Sinclair) agreed with another law firm (Your Lawyers) not to take part in the emissions litigation without the latter’s permission was enforceable or not.

The Court also considered whether the non-compete clause constituted a solicitors’ undertaking. For an undertaking given by a solicitor to be a solicitor’s undertaking, it must be given in the “capacity as a solicitor”. Two questions needed to be addressed. First, whether what the undertaking requires the solicitor to do (or not to do) is something that solicitors regularly carry out (or refrain from carrying out) as part of their ordinary

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professional practice. Second, whether the matter to which the undertaking related involved the sort of work which solicitors regularly carry out as part of their ordinary professional practice.

It was held that Harcus Sinclair’s promise not to compete with Your Lawyers in the emissions litigation did not involve the sort of work which solicitors undertook not to do as part of their ordinary professional practice. The matter to which the promise related was a potential business opportunity and the reason for giving it was to further the parties’ business interests rather than those of any client.

In giving the undertaking Harcus Sinclair was acting in a business capacity rather than a professional

complies with the undertaking he has given and in default he can be held in contempt of court – a much more efficient and speedy remedy.

The Court accepted that it would have been open to it to extend the supervisory jurisdiction in respect of solicitors to cover undertakings given by incorporated law firms but declined to do so in this case because any decision would be obiter, the Court had not received submissions from professional bodies or regulators, and because the issue may be better dealt with by legislation.

With so many of us practising through incorporated law firms rather than sole practitioner or partnership models, the inability to enforce an undertaking via the inherent jurisdiction against an LLP or a limited company is a regulatory gap that needs plugging. There can be no level playing field for legal service providers if individual solicitors practising alone or in a traditional partnership can be pursued for breach of undertaking through the courts because of their position as officers of the court whereas LLPs and limited companies and other providers such as licensed conveyancers escape that accountability. There can be no good reason for different rules.

ER UNDERTAKINGS capacity hence the non-compete clause was not a solicitors undertaking.

The Court was also asked to consider whether, if the non-compete clause was a solicitors’ undertaking would the courts’ supervisory jurisdiction apply to Harcus Sinclair which is an LLP, and/or to Mr Parker, the individual solicitor?

The courts have an inherent jurisdiction to supervise the conduct of solicitors as officers of the court and to use this jurisdiction to enforce undertakings given by solicitors in the course of their practice.

The ability to rely upon this inherent jurisdiction is in addition to the right to report a breach to the SRA as professional misconduct and/or the right to bring a breach of contract claim before the courts. It was not necessary to give a final ruling on this question but, as matters stand, the noncompete clause would not have been

enforceable against Harcus Sinclair because Harcus Sinclair as an LLP was not an officer of the court. It would also not have been enforceable against Mr Parker as he gave the assurance on behalf of Harcus Sinclair and not in his personal capacity. It follows from that determination that the inherent jurisdiction does not presently extend to LLPs and/or limited companies.

Before one jumps to the conclusion that undertakings given by LLPs and/ or limited companies are worthless, two enforcement options remain. A breach of an undertaking can still be reported to the SRA for regulatory action.

The other alternative is to pursue a breach of contract claim through the courts. Both these options are time consuming and are not as effective as an application to the court under the supervisory jurisdiction. The recipient of an undertaking applies to the court for a summary order that the solicitor

And finally, the regulatory obligation to perform undertakings is exactly the same whether you are an individual solicitor or a firm. The rule appears at 1.3 in both the Code of Conduct for Individuals and in the Code for Firms as follows:You perform all undertakings given by you and do so within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time.

By way of reminder, an undertaking is defined in the SRA Glossary as meaning “a statement, given orally or in writing, whether or not it includes the word “undertake” or “undertaking”, to someone who reasonably places reliance on it, that you or a third party will do something or cause something to be done or refrain from doing something” The absence of the word undertake or undertaking can often be overlooked when giving assurances to solicitors on the other side of a conveyancing transaction or indeed litigation.

Undertakings are always fraught with risk and difficulty and are best avoided if at all possible.

www.birminghamlawsociety.co.uk 21

OPINION COVID CHANGES HERE TO STAY The Legal Tech Committee is focussed on moving along the discussion around the critical role of technology in the way we work and manage our client’s demands. Many of the changes necessitated by Covid-19 will be here to stay, but that won’t be the end of the story and further change will come thick and fast. In this article we highlight some of the more topical issues facing lawyers.

Mitigating Legal Technology Security Threats The need to mitigate technology security threats within the legal sector was there long before the pandemic and will remain. But we will need to navigate these carefully as we all return to some form of normality.

Hybrid working is likely to be a permanent fixture for many and introduces new risks as data will now be accessed both at home and in the office. The need for a layered profile of security is now required no matter how or where legal work is conducted, the continuing acceleration in technology adoption demands that security that keeps pace.

People need new tools in order to complete work in the hybrid world of office and home working. Those tools need to be standardised to ensure everyone is working in the “right” way and so that as many security “gaps” can be filled as possible.

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Lawyers (still) love paper!

There are still going to be times when only paper will do, But what happens to redundant documents after the advice has been given poses an issue for remote/ hybrid working. You can’t be certain that documents destroyed at home are properly destroyed. And having lawyers carrying bin bags of client confidential documents into the office to shred, isn’t ideal. The only real solution is to drive on towards paperless working and that of course adds to demands on technology.

Intuitive and innovative solutions such as virtual pens or online drawing tools sound like a solution, but also bring their own challenges (not least of all, cost) and whilst elements of the legal profession continue to rely on physical documents, we will continue to work in this semi paperless limbo. There is no immediate solution but we must start somewhere!

Convenience Vs. Security As the pandemic-induced technological panic subsides, we need to move the focus firmly back to security, but not entirely at the expense of convenience of course!

Client communications demonstrate this clearly. The speed and ease of communication (Teams, Zoom, Instant messenger, WhatsApp etc) means that even the trusty email trail is falling by the wayside. A good thing to a point but it remains as critical as ever to make sure that there remains an accurate record

TOP TIPS FOR A TECHNOLOGICALLY BRIGHT FUTURE! Transparency, •education and trust are vital components of a technologically “safe” future;

Only by offering the •“right” technological tools

can you really maximise the prospects of staff working in the best, and not just the most convenient, way;

Having a selection of •communication tools at

your disposal will leave your staff best placed to find a way of working which suits them and their clients.

And having a selection is pointless unless you properly publicise to your fee earners what those options are.

of client instructions. The old-fashioned attendance note is therefore likely to stay with us for some time, whether as a simple electronic document or an entry in a file management system.

Even with these challenges, we need to turn our minds to the possibilities presented by the need for collaborative communication. By sticking only with what we know we are missing out on the quickly evolving new tools the rest of the world are using – such as Slack and Sharing files via Teams.

Provided that security risks are closed off as far as possible, there is nothing to say that lawyers should stick with “Legal Tech”.

Cyber security at home Do your staff have a full grasp of their own responsibilities and potential liability for cyber security? Education is of course vital but having a list of approved technological tools and communication channels, backed up by robust policies and procedures, will go a long way to keeping your clients’ confidential information safe and your staff on the right track.

As a business, you still however need to have your eyes and ears open. You will the same workforce and number of employees to support (think “insider threat”), however they are mostly now at home rather than in the office. The message needs to be clear: cyber security is no less of a “thing” at home than it is in the office and everyone has a responsibility. There are also other issues to think about, not least risks arising from employees taking confidential waste into the office for it to be destroyed – will it even get there? Businesses will hope that individuals do the right thing if or when the time comes, but even if that is the case, we all make mistakes…

Instant communication •is necessary and often unavoidable but doesn’t undermine the necessity of keeping a proper trail of discussions and instructions.

it comes to paper, adapt through short •termWhen pain for long term paperless gain!

Weigh up the security risks •alongside the benefits of using tech. Security is everyone’s responsibility, not just IT!

Proper security requires •peripheral vision. It

encompasses everything from physical security of documents to staying alert for activities such phishing, but also the less well-known threats. Walls do have ears – is Alexa turned off?!

OPINION

FLOOD DATA INSIGHTS FROM LANDMARK INFORMATION

Data from the first in a new series of Data Insights Reports from Landmark Information has shown the broad extent to which flooding poses an ongoing threat across England and Wales writes Chris Loaring, Managing Director of Landmark Information (Legal).

The report provides land and property industry professionals with insightful snapshots of rich flood data to explain the true impact risk upon communities across the country. It highlights the local authorities that have the highest rate of properties located in Flood Zones 2 and 3, and reveals that 37 out of the 335 local authorities have at least a fifth of properties in Flood Zone 2 within their jurisdiction.

The report also identifies that more than 27,000 (6.7%) notable Listed Buildings are based in areas deemed to be at the highest Flood Risk parameter (3), in addition to almost 12% of all 200,000 Scheduled Monuments are situated in Flood Zones 2 or 3, which include highly notable buildings like the Tower of London, Hampton Court Palace and Caerphilly Castle.

The new series of Data Insights Reports, which will be published every quarter, will focus on specific themes, from a review of planning updates and the local and national impacts, to uncovering information relating to a range of environmental hazards.

Chris Loaring, managing director of Landmark Information (Legal), said, “According to the Environment 24 www.birminghamlawsociety.co.uk

Agency, approximately one in every six properties in England are considered to be at risk of flooding.

This is forecast to grow as climate change continues to translate into shifting impacts on both current and evolving land use.

“It is no secret that flooding poses a continued risk across our country – whether from surface water floods from heavy rainfall, groundwater flooding, through to coastal erosion and rising sea levels. It is something property professionals in all sectors need to be highly tuned to.

“We are therefore pleased to share a series of Data Insights Reports that provide valuable and revealing insights derived from our data and help better inform those working across the property industry who can benefit from a clearer view of the future.

Data: the lifeblood of the property transaction “In the two decades that Landmark Information has been supporting the property industry with vital due diligence, the way the data is captured, accessed, assessed and delivered has shifted.

“From paper-based reports, CDROMs and PDF reporting, now the transition is taking us to digital. The reliance on documents and PDFs will ease and we will see an increased appetite for digital data that feed directly into an organisation’s existing workflow. Instead of capturing a single moment in time, the data will instead be continuous and provide a current flow of data that is relevant at any given moment in time. “Flood data,

alongside planning datasets, is one of the most dynamic risk types. The data is continually changing, driven by many factors – from local community and infrastructure updates, to the changing picture of the global climate.

Having access to data that considers historical flood events while assessing modelled data relating to future impacts offers precise insights that developers and purchasers need, in order to make informed decisions.

“From a legal conveyancing perspective, the way you manage – and access – that data is critically important to ensure the most appropriate advice is provided. Live data feeds will provide the most up to date picture, and this approach will herald a significant new chapter in the evolution of due diligence in the property sector.

“We are proud to be driving forward this digitised approach and working closely with industry stakeholders to consider how the continued evolution of data feeds can benefit every part of the property industry.”

Landmark Information has an extensive wealth of data that is used across the property industry, every day, by property lawyers, developers, environmental consultants, estate agents, surveyors, architects and planners to help in confident decisionmaking and in transactions.

To read the full report visit, www. landmark.co.uk/news-insights/ industry-reports/data-insightsreport-flood-risk/

1 in 6 properties in the UK are affected by flooding

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OPINION THE 10 LAWS OF LINKEDIN: BEST PRACTICES FOR LEGAL PROFESSIONALS Here at Quill, we like to think of our combination of legal software and services as your law firm’s best friend. But there’s a second-best friend on the block, one which law firms are turning to more and more often. It’s called LinkedIn. LinkedIn is a social media platform built on the values of personality and professionalism, which is what makes it perfect for any aspiring law firm to stamp its mark on an increasingly competitive digital world. It can help you find new clients, advertise your business and search for talented new hires all under one roof, and all for free.

law firm to have its own company page, but remember that people connect with people, not logos.

Posts from personal accounts exhibit much higher levels of engagement than those from company pages, so make the most of what the LinkedIn algorithm is giving you.

Equally, you don’t want your company page to look like it’s gathering dust.

Although your main focus should be on growing your own individual network, be sure to keep your company page ticking over by resharing content from yourself and the rest of the team through it.

That’s why we’ve put together the Ten Laws of LinkedIn, so that you can do it better.

Law #2 - Put a face to the name It sounds simple, but adding a professional image to your profile is absolutely essential. Put on your best smile, because LinkedIn reports that using a professional profile picture makes your profile 14 times more likely to be viewed by others.

Law #1 - Focus on YOU First things first, you need to be prepared to put yourself in the spotlight. Yes, it’s important for your

Accompanying this with a branded cover photo will also help build a positive connection between your face and your brand.

But although around 94% of lawyers are using LinkedIn, not all of them are using it well.

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Your LinkedIn profile is basically the first impression you’re going to make with new connections and prospective clients. Make sure that when people arrive at your profile, they have a reason to stay there.

Law #3 - Grab the headlines There are over 770 million users on LinkedIn, and your headline is your best opportunity to tell people what makes you different from every other lawyer on the platform. Couple this with a well-written, personalised About section and you’re much more likely to stand out from the crowd.

When writing your headline and bio, put yourself in the shoes of someone who is looking at your profile for the first time. What do they want to know about you? How can you help them?

Why are you special? Your profile is just as much about them as it is about you.

Law #4 - Build your network LinkedIn is something of a popularity contest, but that doesn’t mean you need to start sending connection requests to anyone and everyone.

It’s worthless having thousands of

connections if only a few of them are actually interested in what you have to say.

Instead, build your network slowly and steadily. Start with people you know, and then branch out to anyone you think you will have a mutually beneficial relationship with. When you connect with someone, anything you post will automatically go to the top of their feed, so try to curate your posts around their specific interests to get things off to a great start.

Law #5 - Get engaged Share the love before you start sharing content. The more you put into the LinkedIn platform, the more it will give back, so be sure to engage with a few posts a day. A ‘like’ is good, but if you can add value to someone’s post through a comment, that’s even better!

Remember, you get what you give, and the best way to make people engage with you is to engage with them first. Just remember to be friendly and professional in your interactions - even if it’s just a comment. Anything you say will be held against you, so be constructive, not antagonistic!

Law #6 - Create and cultivate, don’t just hit 'share' Only post content that you think will be of value to your connections and prospective clients. The LinkedIn algorithm doesn’t like it when you share links to external pages, so if you can create your posts natively (through articles, documents or videos etc.) you’re likely to see much higher levels of engagement.

Consistency is better than quantity.

The more you share engaging content, the more you will be visible within your network’s feeds and the more you will be top of mind when people are looking to work with a new law firm. Don’t overdo it though. People will quickly get bored if you’re posting low-quality content every day. As a rule, 20 quality posts a month is viewed as the optimum quota in terms of maximising engagement.

Law #7 - Prioritise video content Unsurprisingly, video content is the most engaging form of content on LinkedIn, and is on average three times more engaging than text posts. Our eyes are instinctively drawn to other people’s faces, so putting yours front and centre of people’s feed is a sure-fire way of stopping them from scrolling through their feed.

Homemade video content really hit its stride during the COVID-19 pandemic, but that doesn’t mean it has to be consigned to 2020. Personality is a key skill for any lawyer, and if you can prove you’re comfortable in front of a camera, you

can prove you’re comfortable in front of a courtroom too.

Law #8 - Be proud, stay humble When your law firm is doing well, tell people. Sharing positive stories and company wins does a number of things: 1) it acts as highly engaging content for current clients 2) it tells the right story to prospective clients 3) it builds trust and pride within your team.

A word of warning: the past two years have been difficult for a number of law firms and individuals, so just be careful not to be overzealous when patting yourself on the back. Focus on the hard work of the team, and stay humble.

Law #9 - Don’t cold call Once you’ve spent time building your relationship with a prospective client, drop them a friendly message to turn that lead into a warm one. This is then the time you can introduce yourself, explain how you know them and what you can do for them, and then suggest a time for a more formal meeting, if it makes sense.

Quill’s guide to the essential smart law firm technology in 2021 Discover what smart technologies to invest in, why to go paperless and how you can make the tools you already have at your disposal work harder.

Just don’t cold call - no one likes getting a connection request followed immediately by a sales pitch. If you engage with someone before you’ve piqued their interest with a steady stream of relevant content, there’s very little chance that they’ll get back to you, let alone read your message.

Law #10 - Remember, it’s a long game Building a strong LinkedIn presence isn’t going to happen overnight. It takes many months of consistent, strategic efforts.

But once you’ve established yourself as a leading voice, you won’t even have to think about it - you’ll use LinkedIn almost out of muscle memory.

It just takes 15 minutes of effort every day. A like here, a comment there, and a strong post once a week. Plan ahead, make LinkedIn a key part of your firm’s marketing strategy and soon the new leads will begin to organically flow in.

‘And if you want somewhere to start, why not follow Quill on LinkedIn at www. linkedin.com/company/quillpinpoint and go from there?

ABOUT QUILL Quill helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services.

Learn more: www.quill.co.uk/resources/ guide-to-the-best-legal-tech-toolsfor-uk-law-firms-and-lawyers-in-2021

Get in touch for more information about Quill’s practice management software and outsourced legal services by emailing info@quill.co.uk

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