Birmingham Law Society Bulletin - September / October 2020

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

MENTAL HEALTH: How it affects the profession and crime

.

CONVEYANCERS: COPING DURING LOCKDOWN

YOUR NEW

PRESIDENT

INEZ M. BROWN

AGM

2020

THE DIGITAL OFFICE LANDLORDS vs TENANTS

are new changes enough?

SEPTEMBER / OCTOBER 2020

www.birminghamlawsociety.co.uk 1 ONE PROFESSION... ONE REGION...

ONE VOICE

24 Hour Nationwide Service

Digital Forensics & Cell Site Analysis

Defence Specialists in Child Pornography, Terrorism & Fraud cases Computer Forensics  SatNav Forensics  Mobile Phone Forensics  eDiscovery  Chip-off Forensics  CCTV analysis  Social Media Analysis  Data Recovery & Preservation 

Cell Site Analysis  Departed Employee Investigations 

For further information and recent case examples please visit our website

www.evidence-matters.com or contact us

info@evidence-matters.com

Call 0330 660 0052 or 07921 579910

THIS ISSUE

ADVERTISE HERE UPCOMING EVENTS 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 2020.

3rd September 11am-12pm Stamp Duty Land Tax Webinar 9th September 12pm - 1pm Getting your finances back on track Webinar 9th September 5pm - 6pm Getting your finances back on track’ Webinar 17th September 11am - 12pm Climate Change Webinar with Landmark 23rd September 2020 12:30pm-1:30pm Disability Committee event - BSL demo -Virtual via Zoom 1st October 7:00pm President’s Charity Virtual Quiz with 3PB raising funds for the Child Brain Injury Trust -Virtual via Zoom 6th - 8th October Time TBC The Legal Tech Virtual Forum 2020: Online Conference 15 April 2021 7pm - late Legal Awards 2021 @The ICC Book your place at www. birminghamlawsociety.co.uk

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 2020 - July 2020 President - Inez Brown - Harrison Clark Rickerbys Vice President - Stephanie Perraton Squire Patton Boggs (UK) LLP Deputy Vice President - Tony McDaid - No5 Chambers Hon. Secretaries - Stephanie Brownlees - Eden Legal Services LTD and Pardeep Lagha - Gateley The Board 2020/2021 Chair: Dee Kundi Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Finance Director: Ben Henry Director: Professor Luke Mason Director: Tony McDaid Ex Officio: Linden Thomas Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER A MESSAGE FROM THE PRESIDENT I am reminded of a quote by Eleanor Roosevelt: “The future belongs to those who believe in the beauty of their dreams” One of my dreams started to germinate a few years ago and it has now become a reality. It is a great honour to be elected as President of Birmingham Law Society. In taking up this role I wish to recognise the dedication that my predecessor, Linden Thomas, has brought to our society, raising its profile and reputation during her term. I would also like to thank the members of the Board; Officers; Council members; Office staff and committees who have worked tirelessly to support the membership over the last year. I look forward to being an ambassador for the Society during my presidential year working alongside Stephanie Perraton, Vice-President and Tony McDaid, Deputy VicePresident.

2020 has been an unusual year. At the end of 2019 no-one could have predicted a global pandemic. No-one could have predicted that the entire world would be in lockdown preventing us from doing the very things that we used to take for granted - meeting family and friends; hugging; socializing. No-one would have predicted that remote working would become the ‘new normal’.

Worst of all, no-one would have predicted the devastating loss of life. On behalf of Birmingham Law Society, I would like to take this opportunity to thank our essential workers who have assisted us during these difficult times.

As has been the case across the business world COVID19 has had a devastating economic impact on the legal profession. This year will continue to be unusual, both for me as President but also for our members, as we are unable to hold the usual events due to the restrictions of social distancing. However, I’m sure that we will all come up with imaginative ways of turning this disaster into new opportunities.

I have been volunteering with Birmingham Law Society for just 4 www.birminghamlawsociety.co.uk

over 9 years. During this time I have gained so much knowledge about our great profession. I have met with lawyers to celebrate their achievements and to hear - and often share in - their concerns about maintaining the rule of law and access to justice for clients. Government cuts have affected the private client disciplines. COVID19 is now affecting the property, corporate and commercial sectors and many firms would have already closed their doors but for the Government financial support. We are a resilient profession and we will bounce back.

During lockdown I have been encouraged by the meetings that the Officers have had with the many Managing and Senior Partners across the Birmingham region. We have been grateful for their candour and their willingness to share experiences and tips during lockdown to ensure that we - as a society - continue to provide a good service to staff and members of the public. I would encourage everyone to get involved with Birmingham Law Society and to play an active part because we may be individually brilliant but we are stronger when we work together as one! I can assure you that it is very rewarding.

On 25th May 2020 the world woke up to the news of the tragic death of George Floyd. His death has brought to the forefront the issue of inequality, racism and unconscious bias. So many people from different races have condemned this act. As a result of all peoples and nations coming together to condemn this brutal killing I trust that it will bring about change at all levels. On 31st July the Equality and Diversity Committee of Birmingham Law Society held its first virtual diversity and inclusion roundtable to discuss the issues of inequality. The roundtable was successful and they plan to hold follow up meetings.

I plan to take forward three initiatives during my time in office: FIRST - FLEXIBLE WORKING – LET’S CONTINUE THE CONVERSATION. Prior to Covid-19, I wanted to start a discussion with Birmingham

Law Society member firms around flexible and agile working. Law firms have not always been amenable to flexible working but Covid-19 has forced everyone to adapt to working remotely.

I would like to continue the conversation by considering the pros and cons of flexible working.

SECOND - LAW & TECHNOLOGY I believe that technology is going to affect the legal sector considerably in the next few years, so I would like to arrange several Lawtech meetings during the year with technology companies and law firms/chambers that specialise in the technology sector or are interested in learning more about this sector. Following these meetings, we plan to organise a Law & technology conference in Birmingham next year.

FINALLY, THIRD DIVERSITY INCLUSION SCHEME (DIS) Birmingham Law Society is committed to social mobility together with supporting greater diversity in and access to the legal profession. I have therefore set up the first diversity inclusion scheme for BLS and it was launched in early August 2020 and circulated to all student platforms. The scheme is aimed at helping talented young people from disadvantaged backgrounds and underrepresented groups to pursue a career in law.

The benefits of the scheme include a scholarship on the legal practice course at University of Law and University of Wolverhampton for early September 2020.

The successful candidates will continue their journey in the legal profession with Harrison Clark Rickerbys and Gateley Legal who will provide mentoring including letter writing skills, interview techniques and presentation skills, together with a place on their vacation scheme. The students will also be supported by Pinsent Masons who will provide additional access to virtual work experience.

Like so much that is great about the Birmingham Law Society, these three initiatives: flexible working; law & technology and the diversity inclusion scheme, count on your support and involvement for their success. In spite of the very great challenges we still face, I trust that you will help to make this year - a success. I trust that I can count on you all to engage in the various programs that will be arranged. I trust I can count on you all to get involved.

Finally, it is with great anticipation that I look forward to what we can achieve as a Society this year. In spite of the pandemic; in spite of the recession, we have proved our resilience because Birmingham Law Society has an illustrious history of 202 years and that demonstrates that we will bounce back!

Thank you all and I look forward to serving as your President.

Inez M. Brown.

BCJC RISES TO COVID-19 CHALLENGE Birmingham Civil Justice Centre (BCJC) has risen to the challenge posed by the pandemic to embrace technology and make changes to rebuilding and restore professional practices, Inez Brown Birmingham Law Society’s president has said.

The centre has consulted widely at circuit convened meetings and public court user sessions, has tackled small claims hearings with a new pilot scheme to resolve disputes and introduced standard directions for e-bundles. The centre has also remained open throughout, unlike many other courts, with the legal community working together in the city to make Chambers rooms available to BCJC to support this.

In August an article was published in The Law Society Gazette following a Joint V informal meeting of the largest regional law societies – Birmingham, Bristol, Leeds, Liverpool and Manchester. Unfortunately a misleading impression was given by the meeting, hence the misleading and inaccurate reporting about BCJC in relation to the constraints caused by Covid-19 and staff redundancies. Birmingham Law Society (BLS) and its members would like to recognise the great initiatives introduced by BCJC during lockdown.

CIRCUIT CONVENED MEETINGS/PUBLIC COURT USER MEETINGS HHJ Mary Stacey was appointed as the Acting Designated Civil Judge for BCJC in May 2020 – BLS officer and the Court User Group have met regularly with the leadership judge in Birmingham throughout the pandemic, at both circuit convened meetings and public court user meetings. There has been extensive consultation about the steps the court is taking to implement the recovery plan and ensure that civil justice is dispensed safely in accordance with government guidelines.

Unfortunately the last meeting was cancelled as too few solicitors could attend, and it was left to the local profession to suggest the date of the next meeting which will, we hope, take place after the summer break.

SMALL CLAIMS TRACK PILOT SCHEME BCJC’s new Small Claims Track Dispute Resolution pilot scheme is an example of innovation within the court system during the pandemic. Excellent progress has been made in reducing the backlog of adjourned small claims hearings as a result of an effective collaboration between judges and HMCTS staff at BCJC, which enabled the roll out of this pilot scheme within only a few weeks.

From the start of July, small claims matters have been listed for a Dispute Resolution Hearing (DRH) to enable the parties to have input from a judge in a short telephone hearing which combines the full powers of CPR27.6 with voluntary mediation/early neutral evaluation.

It is hoped this will bring long-term benefits both to the court and to all litigants using it, because it will use court time more efficiently and enable wider lessons to be learned. Not only have 689 final hearings already listed been converted to DRHs from 2nd July going forward and 400 adjourned final hearings have been listed as DRHs, but more than 200 DRHs have taken place at BCJC already; of those, less than 16% require a final hearing in person. The scheme, being led by District Judge Chloë Phillips and HHJ Mary Stacey, together with Andrea Lloyd of HMCTS at BCJC, is now being adopted in other courts across the country.

COVID-19 BUNDLES/LETTERS During lockdown, managers and staff have been working on a skeleton rota. As a result, BCJC introduced standard directions for electronic bundles to be used during the period of remote litigation caused by Covid-19. The overall feedback in relation to remote hearings/e-bundles has been positive. BLS members see the recent changes in the way hearings are conducted as an opportunity to create a workable system that could remain in place after current challenges have passed.

COURT OPENING DURING LOCKDOWN BCJC is one of the few courts that has remained open. However, Covid-19 isolation and lockdown criteria have impacted on the extent to which the BCJC is ‘open’ in a number of ways. Where appropriate, hearings have continued to take place in person. In addition, the legal community has worked in collaboration with the court by providing rooms at Chambers so that hearings can continue to take place.

Inez said: “BCJC continued to innovate within the court system during the pandemic; it is clear that they have continued to maintain a professional service during lockdown. Birmingham Law Society and its members are immensely grateful for their willingness to overcome the difficulties caused by Covid-19 and in enabling the successful continuance of ongoing and new litigation. We look forward to continuing the constructive and productive relationship with the BCJC.” www.birminghamlawsociety.co.uk 5

NEWS

TWO NEW PARTNERS FOR BIRMINGHAM BEVAN BRITTAN Kirtpal specialises in commercial and contractual matters with a special interest in the health and local government sectors. She has extensive experience in advising on high value outsourcing and partnering arrangements

Bevan Brittan has promoted two new Partners from its Birmingham office in its latest promotions round.

They are among five promotions from the firm’s office in Edmund Street.

The new promotions are: New Partners Sarah Greenhalgh (Commercial & Infrastructure) and Kirtpal Kaur-Auija (Commercial & Infrastructure), new Senior Associate Melissa Stanford (Litigation, Advisory & Regulatory

and New Associates Emma Beynon (Litigation, Advisory & Regulatory) and Vicky Maher (Property).

Sarah Greenhalgh and Kirtpal Kaur-Auija are both promoted from Senior Associate. Sarah specialises in providing strategic support and corporate governance advice to housing associations, including mergers, corporate re-structures, new registrations, collaborations and joint ventures.

Adrian Dagnall, Head of Bevan Brittan’s Birmingham office, said: “I am delighted that we are promoting five lawyers here in Birmingham – congratulations to them. All five are very talented individuals getting the recognition they deserve with these hard earned promotions and I look forward to seeing them grow with us in their new roles.

“With Sarah and Kirtpal’s promotion, we now have 10 Partners in Birmingham. ” Bevan Brittan employs over 70 legal professionals and support staff in Birmingham.

IRWIN MITCHELL ADVISE ON NATIONAL MUSIC VENUE PROJECT a guest to an intimate gig and will raise muchneeded funds for venues affected by the coronavirus lockdown. Further artists and gigs will be announced over the coming months.

Irwin Mitchell is to advise on a new venture called ‘Passport: Back to Our Roots’ which will see major music acts, including Elbow, Everything Everything, Public Service Broadcasting and The Slow Readers Club, perform one-off intimate gigs designed to secure the survival of small grassroots venues across the UK. The brainchild of Sally Cook, Director of Operations at Band on the Wall, and Stephen Budd, creator of War Child’s Passport: Back to the Bars and Passport: to BRITs Week series, Passport: Back to Our Roots has partnered with Music Venue Trust to raise much needed funds to safeguard the futures of grassroots music venues struggling to survive the COVID-19 crisis.

Supporters of the campaign can choose to be entered into a draw to win passes for themselves and 6 www.birminghamlawsociety.co.uk

Elbow will be returning to Night and Day, three decades after they first performed at the Manchester venue, and dates for all of the events will be confirmed when it is safe to perform the shows at grassroots music venues with no social distancing. Guy Garvey of Elbow said “This is a simple way of looking after the very roots of British music, and will result in some powerful, joyous shows when we can at last see each other again. I’m very proud to be involved” The Media and Entertainment team at Irwin Mitchell has been appointed to provide contractual, commercial and regulatory legal advice to Inner City Music, the charity behind Band on the Wall.

For more information about ‘Passport: Back to Our Roots’ and to donate please visit : www.crowdfunder.co.uk/passportback-to-our-roots

HOSPICE CALL FOR LEGAL TRUSTEES A recruitment drive is being launched by a KEMP Hospice that is striving to achieve “gold standard” status by 2024.

The aim is to bring in people with a proven track record in communications, HR, legal and clinical experience that can help the hospice continue to provide the best care and support possible to patients and families experiencing life-limiting illnesses and bereavement.

Each trustee is expected to join one of four sub-committees that meet four times a year prior to the main board meeting. In between meetings, which have been done virtually due to COVID-19 restrictions, trustees should also expect to receive and respond to correspondence from the CEO. To download a trustee recruitment pack, visit www.kemphospice.org.uk/ vacancy-join-our-board-of-trustees For an informal chat contact Heidi Hawkins, chief executive at KEMP, by emailing heidi.hawkins@ kemphospice.org.uk

MAAC-2020-085 Law Society Advert.pdf

1

06/04/2020

15:33

R

C

M

Y

CM

MY

CY

CMY

K

Support us today:

midlandsairambulance.com

190x136mm The Bulletin Customer Centric 03/03/2020 12:09 Page 1

NEWS

BIRMINGHAM LAW SOCIETY’S PRIVATE CLIENT COMMITTEE HMCTS has issued a consultation on the mandating of all grant applications to be made online – see https://www. gov.uk/government/consultations/noncontentious-probate-mandating-onlineprofessional-applications - our first task as a committee is to respond on behalf of BLS members. If anyone has any particular views or opinions that they would like us to consider then please email XXX at BLS (xxx@email). Once the response is completed we shall share this with members shortly.

It has been a busy few years for private client practitioners of late and Birmingham hasn’t been spared these changes. We have had to traverse problems with HMCTS Probate Service with the introduction of new designs for the Grants of Representation, the introduction of an online digital application process for Grants of Probate, the ending of the use of Oaths along with the introduction and then removal of Statements of Truth in favour of standardised application forms. The less said about the threat of new fees the better. Sadly Birmingham hasn’t been spared in these changes with the Birmingham District Probate Registry on Bull Street being the first of many Registries and SubRegistries to close. The light for Birmingham is that it was chosen as the location for the national centre for the Courts and Tribunals Service Centre to process all digital applications.

We have also seen changes in the

registration of trusts with HM Revenue & Customs, new Standards and Regulations introduced by the SRA, changes to the rules of intestacy, and the need for price transparency with our fees for probate and estate administration services being displayed on our firm’s websites. This all before Covis-19 struck and the proposed introduction of the remote witnessing of wills using video technology came into view.

It is with this changing background that Birmingham Law Society decided to introduce a new committee focused on private client issues. I was fortunate to beat Matthew Hansell in a game of virtual “rock, paper, scissors” to become chair with Matthew as deputy and Amanda Elwell becoming committee secretary. The committee formed at the start of the summer and has already drawn up terms of reference for approval by the BLS Council. We have no shortage of work to consider.

If anyone wants to get involved then it’s not too late to join the committee; please email XXX at BLS (xxx@email).

As mentioned, the other major change for the private client world is the proposals for changes to the witnessing of wills through the use of video conferencing technology. We are cautious in noting that the statutory instrument has yet to be placed before parliament and so it is premature to issue any guidance on the issue. Many practitioners have found ingenious ways of executing wills during the lockdown whilst sticking to the rules of social distancing and keeping to the requirements of the Wills Act 1837. If any member of BLS is finding witnessing of wills is a problem or they cannot find a suitable witnesses then please do not hesitate to email XXX at BLS (xxx@email) as we know many BLS members from firms big and small have been happy to assist in these difficult times.

This is going to be a busy time ahead with lots of changes to our traditional practice. The private client committee are looking forward to representing our members views in this changing time.

EMPOWERING NEW APP AIMED AT DISABLED COMMUNITY reviewing which of our city and county businesses are truly accessible to those with mobility needs. Fundamental to the app is the unique ability for users to post reviews and comments about venues they have visited and experiences they have had.

A trio of Midlands’ techentrepreneurs have launched an appeal to the disabled community to get behind a brand-new app that aims to share knowledge within the county and improve accessibility.

The app, Access Rating (CIC), hopes to empower both users and venues by listing and independently

8 www.birminghamlawsociety.co.uk

Developed to act like a Trustpilot for the disabled traveller, the aim is for the app to create a real-life, realtime knowledge bank for disabled users by disabled users – and to, ultimately, make life easier, as the more users get involved and post their reviews, the more that knowledge multiplies, for the greater good.

It is hoped that this bank of experiences will then empower

more people, helping them overcome obstacles often unseen by more able-bodied individuals – be that as seemingly simple as drop kerbs, accessible lifts, or suitable toilet facilities.

At the same time as empowering the disabled community, it is hoped that the review function of the app – alongside direct outreach from the Access Rating team - will encourage more business owners to improve their accessibility for disabled customers.

The app can be downloaded from Apple and Android Stores – search Access Rating (Disabled Access Review App).

DISABILITY & COVID-19 THE IMPACT

RUNNING AN EFFECTIVE DIGITAL LAW FIRM Lockdown has provided a catalyst for major operational change within the legal sector. The firms that put robust plans in place to adapt to change quickly have thrived; they have embraced remote-working and many are now considering how to become truly digital.

Bernadette Bennett, Commercial Manager for Legal at Moneypenny, which handles more than 2 million legal calls and live chats each year, said: “Even though lockdown measures are beginning to ease, many law firms have decided against rushing back to the office and are looking at how they can enhance their recent digital experiences in order to become even more agile, effective and efficient.”

Here, Bernadette shares her tips for a successful digital transition.

1. Communicate effectively A skeleton team taking messages or giving out mobile numbers during lockdown may have provided a temporary fix to remote working, but it’s not an appropriate long-term solution.

Lawyers need sophisticated telephony systems, call answering support and other tools, such as phone system mobile apps, outsourced switchboards and live chat, to run a virtual office successfully and maintain a positive client experience. Do not underestimate the importance of accessibility and communication.

2. Rethink front-of-house Embracing the virtual office means rethinking the relationship with the workplace. In time traditional reception spaces might be replaced with more virtual solutions such as ‘check in’ kiosks for visitors, complemented by off-site call handling teams to manage calls.

A virtual office requires a virtual front of house experience and that means seamless communication wherever your team and your clients are. Calls can be diverted using digital switchboard

solutions, telephone answering services can provide overflow and out-ofhours support and live chat can make accessibility even easier for clients 3. Consider culture For firms suddenly catapulted into remote working, maintaining a positive and motivating company culture has been a challenge. A virtual office still needs culture, which requires two key things – communication and collaboration. Supporting effective interaction, regularly checking in with staff, encouraging teamwork and continuing many of the virtual social events that took place at the height of lockdown will enable firms to make the shift to a virtual office while maintaining a motivated and engaged workforce. A happy workforce equals happy clients.

4. Ask the experts A global pandemic has accelerated the appetite for outsourcing as firms realise the value of additional help, expertise and guidance in order to navigate a changing world, streamline processes, save money and ensure business continuity. Leaning on the expertise of outsourced partners will help to ensure a well-considered and supported virtual legal office.

5. Tool up Enforced agility has shown just how important investment in new digital tools is to business continuity. Secure document sharing, communication and case management tools are all necessary in the virtual legal office. It’s important to find out which ones best support your agile vision and that people know how to use them. Cloud-based software and file storage systems as well as collaborative platforms such as Slack or Microsoft Teams, will equip your team with the best tools and ensure the best client experience. www.moneypenny.com/uk/legalanswering-services/

The emergence of COVID-19 presents many challenges from lockdown to furlough. There have been several discussions around the need to stop COVID-19 spreading, but this appears to be a conversation happening without the voice of disabled people. We need to strike a fair balance for all, including embracing disability rights.

The Coronavirus Act 2020 came into force on 25 March 2020 which grants government emergency powers and suspends other elements of legislation, such as the Care Act 2014 and the Mental Health Act 1983. This legislation has resulted in difficult changes, with the loss of income, work and freedom.

The World Health Organisation has prepared a manual detailing ‘Disability Considerations during the COVID-19 Outbreak’. The manual sets out how we all have a part to play to support our disabled members in the community from how to ensure the ‘mental and physical health of household members’ to putting a ‘plan in place to ensure continuation of the care you need’.

The COVID-19 response must be disability inclusive because the pandemic is more likely to affect such individuals disproportionately. Those with disabilities are likely to experience discrimination, greater health needs and tend to be from a lower-income background. There are several ways to ensure the response is inclusive – from providing information in accessible formats to wearing clear face masks to ensure lip-reading is possible.

It is important that disabled people are not forgotten. Even though we are physically distanced, we are as close as ever. If you would like to hear more about the disability sub-committee, please contact Sophie Henwood at Sophie Henwood Sophie.Henwood@ IrwinMitchell.com and Iyanu Onalaja at Iyanu.Onalaja@shoosmiths.co.uk.

You are not alone, and we will beat this together.

AGM NEWS

AGM – OUTGOING PRESIDENT’S SPEECH Pierre White’s in June 2019, to the launch of a number of exciting initiatives aimed at addressing the gender imbalance that persists at senior levels of the profession. Those initiatives included our wonderful ThankYou100 videos, which produced a piece of living history that is on our website and has now been added to Birmingham Law Society’s archive at the Library of Birmingham; the launch of our mentoring scheme for women which has attracted over 50 mentors and mentees from our membership and the ‘Lost to Law’ research project launched in conjunction with The University of Birmingham, which although paused when the pandemic broke out, is now almost concluded and explores the reasons why women leave the legal profession.

Well, what a year?! If, back at the 2019 AGM, each of us had been given a guess for every one of Birmingham Law Society’s 201 years, I don’t think any of us would have predicted the extra-ordinary situation in which we now find ourselves. It is fair to say that is has been a challenging few months.

When I became President I said that what I enjoy most about working with Birmingham Law Society is working with a community of lawyers. And I have reiterated on many occasions throughout my Presidency that it has been my experience time and again that there is great strength and opportunity to be found in that community. That is true now more than ever and as we all face these exceptional challenges – personal and professional – I am extremely proud that Birmingham Law Society continues to support the members of our legal community. By:

have hosted for managing partners of local firms; • representing the interests of our members and their clients to third parties such as The Law Society of England and Wales, the Courts and Judiciary and others; • tailoring our learning and development offering to reflect current issues; • introducing a series of wellbeing initiatives to support members as they deal with the effects of homeworking and isolation; and • much more…

I therefore have no doubt that, despite these difficult times, Birmingham Law Society and the community it represents will endure and, under the guidance and leadership of the incoming Officers and the Board of Directors will in fact continue to thrive.

• The dissemination of discipline specific updates to keep members updated as ways of working, laws and regulations have changed rapidly in response to the pandemic;

The Society was in an extremely strong position prior to the outbreak of COVID-19 and there were many highlights in the year before the world went into lockdown.

• providing opportunities for networking and peer support, for example, via virtual meetings we

In 2019 we celebrated the 100th anniversary of women in law. From the sell-out celebration at Marco

10 www.birminghamlawsociety.co.uk

I have been proud to see the Society’s work on social mobility go from strength to strength this year, with greater collaboration between members of our Equality, Diversity and Inclusion committee, Education and Training committee and Student committee on a number of events and initiatives aimed at opening up the profession in the region to all those with the necessary skill and talent. From speed networking events, to Twitter takeovers, to spoken word competitions, the Society has opened its doors and extended a helping hand to those interested in joining the profession The Society has also made great strides over the last 12 months to support our legal community by providing more opportunities to discuss mental health and wellbeing and to challenge the stigma around doing so. In May last year, our staff, Board, Council members and Officers supported the green ribbon campaign to demonstrate the Society’s commitment to good mental health. During Mental Health Awareness Week 2019 we hosted a thought provoking and informative event, at which members of the legal profession discussed their personal experiences of mental health and experts shared insights into how we can better look after ourselves and one another. There have been regular features in the Bulletin exploring different aspects of managing one’s mental health, lunchtime mindfulness sessions are now a regular feature in the Society’s programme of events and during lockdown we have provided resources and support to our members mental health and wellbeing, offered wellbeing webinars and even run an online yoga session.

And finally, I am extremely grateful

to all those who came together to support my chosen charities: Central England Law Centre and Citizens Advice Birmingham.

Even with the postponement of one of our biggest fundraising events of the year as a result of the pandemic, we have raised over £13,000 for these essential organisations, that work to assist some of the most vulnerable in our community.

Many of whom need advice and assistance now more than ever. Furthermore, through events such as our Stand up for Justice Comedy night, our student member abseil of the Custard Factory roof and Birmingham Law Society’s inaugural Hackathon, we have also increased awareness of the work that they do and the challenges they face.

Each of these initiatives I have mentioned was realised only as a result of the dedication, support and commitment of Birmingham Law Society members and I am grateful to everyone who was involved in making them a reality. There are too many people to list here, but you know who you are. Thank you. And I will say, just one last time that our strength and influence as a Society and the difference we make is because of the work put in by members of our legal community working together.

Before I finish, however, there are a few people that I do need to mention individually. Firstly, my fellow Officers this year – Inez, Stephanie Perraton, Tony, Chaitali, Sophie and Stephanie Brownlees.

Thank you to each of you for your support.

Inez, many congratulations on your imminent appointment. The initiatives that you have in the pipeline are timely, inspiring and important and I have no doubt will be of enormous benefit to those who engage with them. An exciting year lies ahead for Birmingham Law Society. I wish you every success and look forward to supporting you in any way that I can as you realise your objectives over the coming months.

Steph, thank you for all your support and

wise counsel over the last 15 months, for which I am extremely grateful. You will make a tremendous vice-President to Inez and, of course, President after that.

And finally Tony. Tony may not be officially installed as Deputy Vice President until today, but true to form, he has thrown himself into the role with gusto since Council selected him back in March, becoming probably Birmingham Law Society’s first ever, Deputy-Deputy Vice President. I am so delighted that he will officially be stepping into the role of Deputy Vice President today. I genuinely can think of no individual who has done more to champion Birmingham and its legal profession over the course of their career.

We are very lucky to have you as a future President.

It’s is a real luxury to be able to step down today, safe in the knowledge that I am handing over the reins to such a strong and committed team of Officers.

My thanks also to the Board – under the leadership of Regan Peggs and more recently Dee Kundi, for its support throughout my year and for humouring my many comments and questions at Board meetings. You really are the engine of BLS - never more so than in a time like we now find ourselves - ensuring the Society is stable, meets its priorities to members and will endure.

Finally, my thanks to the professional staff team. Becky, Denise, Johanna and Tasha, you are a formidable team – endlessly patient, efficient and enthusiastic. It has been an absolute pleasure to work with each of you.

On a personal note, I have memories from the last 15 months that I will treasure for a lifetime, from donning a tutu and marching under a rainbow coloured Birmingham Law Society banner (that had been created in my kitchen in the small hours of the night

before) at Birmingham Pride, to celebrating our wonderful legal community in the stunning Great Hall at The University of Birmingham last November, to writing a script about access to justice for Lenny Henry in readiness for our comedy night, talking about women in the legal profession in the opulent surroundings of the French embassy in London, dancing the night away in the Palais de Justice in Paris with new friends from law societies around the world to the challenging debates and discussions, comradery and friendship I have enjoyed at Council, Board and Officers meetings. The list goes on and on.

When I look back on my year (or 15 months as it became) as President of Birmingham Law Society I shall always think of it as beginning and ending with a bump. Many of you will remember (probably better than I do in fact, under the circumstances) the bump that started my year, when I stood before you at the AGM in April 2019 with what later turned out to be quite a bad concussion just kicking in – having been knocked off my bike a couple of days earlier in an ill-fated attempted to train for a 100 mile bike ride.

Happily, the bump with which my term is brought to a close is far more welcome and, if she sticks to her schedule, is due to arrive in just a few short weeks. Through both of those bumps and more over the last 15 months, I have been lucky to have the unfailing support of the Society and its members. And, on that note, - Inez, Steph, Tony - Birmingham Law Society’s youngest honorary member and I wish you all the very best for the year ahead. If there is anything I can do to support you, all you need to do is ask.

Thank you to all of our members for allowing me to play a small role in the history of this extremely special organisation.

ANNUAL GENERAL MEETING - 28 JULY 2020

Student Prizes: The Society has made the following awards to trainee solicitors:

Professional Officers 2020 – 2021

Gold Prize Winner to Charlotte Adams who holds a training contract with Eversheds Sutherland. Charlotte achieved a Distinction with BPP University.

President Inez Brown (Partner, Harrison Clark Rickerbys) Vice President Stephanie Perraton (Partner, Squire Patton Boggs (UK) LLP) Deputy Vice President Tony McDaid (Chief Executive and Director of Clerking, No5 Chambers) Joint Honorary Secretary Stephanie Brownlees, Eden Legal Services LTD Joint Honorary Secretary Pardeep Lagha Gateley PLC The following new members were elected: Clare Murphy, Harrison Clark Rickerbys, Richard David Port, Higgs and Sons, Andrew Rourke, St Ives Chambers.

Steven Jonas, Dee Kundi have been re-elected onto Council.

50 Years of Service Awards The following Solicitors were awarded for 50 years of service: Roger Bailey- Fullers Ronald Beech- Cocks Lloyd Robert Brown - G H Law Limited Anthony Curtis -Kenneth Curtis & Co Andrew Duncan -Whatley Weston & Fox Robin Heslop- Moseleys Christopher Houghton - Moore & Tibbits Ltd Michael Jervis-Vienna - Kang Advocates Ltd Christopher Jones -Kundert Solicitors Llp David Leigh-Hunt - Moore & Tibbits Ltd Elizabeth Mott - Southwell Mott Michael Orlik -Lodders Solicitors Llp Paul Rhodes - Mfg Solicitors Llp Bernard Shepherd - Bes Legal Ltd Roderick Williams - R N Williams & Co Ltd

Silver Prize Winner Kieran Leahy who holds a training contract with Mills & Reeve, Kieran achieved a Distinction with The University of Law.

Bronze Prize Winner to Maya Segas who holds a training contract with Mills & Reeve, Maya achieved a Distinction with the University of Law. The David Hershman QC Memorial Award to Kieran Leahy from The University of Law. Kieran has secured a training contract with Mills & Reeve.

The St Philips Chambers Business and Property Juniors Award has been awarded to Charlotte Adams from BPP University. www.birminghamlawsociety.co.uk 11

OPINION

CONVEYANCERS COPING DURING LOCKDOWN for conveyancing fee earners not least due to practical issues such as maintaining client contact and continuity during an extremely stressful period for those clients.

However, added to that, is the fact that completion on conveyancing matters relies on conveyancers holding original signed documents.

I am writing this article from the privileged position of being in contact with a large number of conveyancers and firms in my role as a trainer. I have presented a large number of Zoom sessions since March, and their stories have highlighted a widely differing picture around the country. Remote working during the unprecedented lockdown which we have experienced has proved a huge challenge for the legal profession and none more so than the firms and people who carry out conveyancing work. Firms and their staff had to achieve in hours and days what it generally takes months and years to put in place writes Lorraine Richardson (M.A.) Cantab, MD of Adapt Law Ltd and Consultant for DG Legal.

Staff had to relocate to their homes to work, files had to be transported, IT departments had to work overtime to ensure that an acceptable level of service could be sustained; all whilst trying to ensure that crucial issues such as client confidentiality and safety of client data was maintained.

It is fair to say that some conveyancing firms merely ‘shut up shop’ as lockdown commenced. These firms and others are unlikely to return to the market.

An added difficulty for conveyancing firms is the fact that, whilst government advice did not completely outlaw conveyancing transactions, the practicalities of social distancing meant that very few conveyancing matters could take place, so transaction numbers and fee income plummeted. Some firms unfortunately went out of business very early in the lockdown period. Whilst it is easy to attribute this to lockdown, it is probably fair to say that the underlying financial stability of these firms was weak prior to lockdown.

Working at home has proved challenging 12 www.birminghamlawsociety.co.uk

The difficulties of clients sending such documents to firms and them reaching the right fee earner are all too obvious. Interestingly, the Land Registry has recently confirmed that it will accept digitally signed documents for registrations, which will address the problem of holding original signed documents, but the use of this innovation will not be widespread for some time.

However, many conveyancing firms have seen the lockdown period as an opportunity to accept and embrace remote working. It allows staff a greater degree of flexibility and avoids an expensive commute for many. But it must be recognised that those with childcare facilities or where two parents have been working at home with limited access to space, desks, IT equipment etc may still prefer working in an office environment. Working at home can be very isolating, particularly in a stressful, technical job. Being able to walk down a corridor to chew over a difficult issue or file with a colleague is an important element of support for individuals and crucial risk management for firms.

A problem shared can literally be a negligence claim or complaint avoided.

Savvy conveyancing firms have also realised the importance of their website as a major window to their services. It has been compulsory for firms to display their fees for conveyancing on their website for some time, although SRA research revealed that, interestingly, many firms have still failed to comply.

Those firms who have complied and who have accessible, easy to navigate websites will no doubt be ahead of the game when it comes to attracting new clients.

A major advantage to conveyancing staff from working at home has been the fact that this may have secured their job during what has undoubtedly been the most difficult time for firms. Hopefully the SDLT to holiday until March 2021 and resulting reinvigoration of the market will be sufficient to secure many more jobs for this vital sector of the UK economy

UK’S FIRST RECESSION IN 11 YEARS - IMPACT ON WORKFORCE PLANNING The sobering news that the UK has officially entered recession due to the coronavirus (COVID-19) pandemic, employers’ minds may naturally focus on what workforce planning action might be necessary in order to achieve commercial stability in the coming months.

Inevitably, thoughts may turn to restructures and the unattractive prospect of making compulsory redundancies. It is also important to be aware of other temporary or permanent changes employers can make in order to preserve headcount, whilst also achieving greater business efficiency and cost savings.

Examples of alternatives to making compulsory redundancies include: • offering voluntary redundancies and/or early retirement • reducing staff working hours and/or pay • agreeing to flexible working or unpaid leave • limiting or stopping overtime • implementing a recruitment freeze, and • terminating temporary or contract worker contracts Whilst the Coronavirus Job Retention Scheme (CJRS) remains in operation until the end of October 2020, there is also the possibility of furloughing staff, subject to the CJRS eligibility requirements being met.

What Do Employers Need to Consider?

What action is right for your organisation will depend on its specific circumstances. Due to the nature of the pandemic, some sectors of the UK economy have been affected to a greater or lesser extent, and this may continue to be the case for some time. Whatever your organisation’s position, it is essential to engage with staff, focusing on what changes might be necessary, the business reasons for these, and to gage staff response to any workforce planning proposal that is put forward.

Importance of Staff Consultation Where changes are proposed to terms and conditions of employment, or indeed where redundancies are proposed, formal consultation will be necessary before any workforce planning action is confirmed.

Depending on the size of your workforce, a consultation process could take up to 45 days where there are 100 or more affected staff, or 30 days where there are between 20-99 affected staff. There is no minimum consultation period where there are fewer than 20 affected staff, but it is always important to engage in meaningful consultation which should not be rushed. Whatever the size of your organisation therefore, early strategic workforce planning is essential.

For more information on strategic workforce planning, please contact Gareth Edwards in the Employment Law team on 07899 915 692

Manage your matters wherever you are

leap.co.uk/work-remotely

OPINION

A DAY IN THE LIFE OF A RELATIONSHIP MANAGER ATTHE LAW SOCIETY WRITTEN BY RAV HOTHI, REGIONAL REPRESENTATIVE OF THE LAW SOCIETY issues and the areas for the Law Society to make representations to the MoJ and the Legal Aid Agency on, there is a brief interruption from my daughter with an announcement of her intentions to use the facilities, then back to it.

12pm – lunch time with the family provided by my 3 children as part of my wife’s expert home schooling!

1pm – A meeting with the CEOs of group of local law societies, a brief interruption from one the attendees children and relief on my part that this also happens to others! The meeting concludes with an agreement for the societies to publish Law Society guidance on our ‘safe return to the workplace’ on their websites.

2.30pm – Internal call with the Law Society’s in-house legal team on data security, assisted by coffee and a disturbing number of biscuits on this fascinating subject…

3.30pm – Local team meeting with the Midlands & Southwest relationship management team. The meeting is to review our workload, ensure that we are engaging with a range of members and that we are maximising our time to ensure we are adding value to those with whom we interact with. My colleague’s dog barks throughout the call and we all pretend that this is cute!

Dear Law Society members, I hope that you are well and coping with the current circumstances both personally and with your places of work. The Law Society is working hard to promote the interests of our members across England & Wales to ensure that the requisite guidance and support is available.

We are also making representations on behalf of the profession at Government level and with regulators.

My role is very much to engage with solicitors across the Midlands and the Southwest to ensure that they are aware of what is being done on their behalf by their representative body and to ensure that the Law Society is aware of what the concerns and needs of our members are.

So what does the average day working from home for a Law Society relationship manager look like?

8.30am - The relationship management team are gathered for a morning briefing with a host of colleagues from across a number of departments.

We are briefed on the latest issues on areas such as COVID-19, Brexit and challenges for the profession.

In turn the relationship management team update colleagues on what the members are reporting to us.

This is currently a weekly call and we use this to ensure that we are all clear on the tasks and have the latest information to report to members.

9.30am – I am joined by our CEO, Paul Tennant for a meeting with the managing partner of large commercial law firm who would like to discuss issues that concern their firm and to pick up on any best practice that the Law Society has to impart. A brief chat with the boss to follow to review the actions, I am relieved that one of my sons only made it as far as the office door before being tackled by my wife during this conversation with Paul!

11am – I have a meeting with the chair of a criminal law committee of a major legal centre, picking up the 14 www.birminghamlawsociety.co.uk

4.30pm – A meeting with the Law Society’s Midlands council members to ensure that they are informed on the latest activities from the relationship management team and that we are across the issues for our members collectively. The Law Society’s council members form the Governance of the Law Society, you can find details for your local representative here https://www.lawsociety.org.uk/about-us/our-governance/ council-constituencies-and-current-members 6pm – The day is over and it’s time to take over with the kids as my wife has by this point earned a well deserved rest! Being there to see them at this time each day has been a real blessing and something that I am truly grateful for. All three children at this point now no longer feel the need to be in the office having spent the whole day trying to get in!

I hope that you all stay well, if you would like to know more about what the Law Society is doing for you with the issues that we currently face please visit our new ‘RRR’ campaign website - https://www.lawsociety.org. uk/campaigns/return-restart-and-recovery/ The RRR campaign is Return, Restart and Recovery which has been designed to support solicitors and firms to return to their offices safely, to help solicitors and firms to restart the economy and to empower solicitors and firms to drive the recovery after coronavirus.

The Midlands and Southwest relationship management team consists of myself Ravinder.hothi@lawsociety.org. uk, Sarah Richards Sarah.Richards@LawSociety.org.uk and James Shepherd James.Shepherd@LawSociety. org.uk. We would all be delighted to hear from you so please do get in touch.

E: Ravinder.hothi@lawsociety.org.uk, M: 07816929749 Twitter: @LSMidlands / @TheLawsocietySW www.lawsociety.org.uk

Mind racing?

We offer emotional support to legal professionals.

Talk to us - we’ve been there.

0800 279 6888 www.lawcare.org.uk

OPINION

ARE NEW LAW CHANGES ENOUGH TO BALANCE INTERESTS OF LANDLORDS AND TENANTS?

A series of new law changes have been introduced by the Government in an attempt to balance the interests of landlords and tenants in the wake of the coronavirus crisis.

The economic uncertainty of recent months has led to several challenges arising in the property industry and the Government has stepped in with new measures which expert lawyers say are needed but may not go far enough to balance and protect the interests of both landlords and tenants.

Reports of tenants being unable to, or failing to, pay their rents are widespread. Reports of landlords facing difficulties with meeting their financial commitments are also growing.

Partner in Clarke Willmott’s property litigation team, Graham McIntyre, said: “New laws have been brought in to protect tenants who face cash flow issues and are having difficulty paying the March and June rent quarters.

These measures are time limited and seem to predict some significant resumption of trade in Q3 and Q4.

“The government is walking a tightrope between balancing the interests of landlords and tenants. From a tenant perspective there is, in many cases, undoubtedly a need for protection where income streams have slowed or possibly stopped, but fixed costs (such as rent) have not.

“But landlords have similar issues to face with rent collections for the June quarter having been at around 20% according to some surveys. Our nation’s commercial landlords are made up from institutional investors, pension funds and private owners, many with personal indebtedness to fund their assets.”

Included in the latest announcements by the Government were several non-payment of rent enforcement options including: • Restricting bailiff (CRAR) action against tenants to cases where the rent is more than 189 days overdue (extended from 90 days) • A Landlord’s ability to forfeit for non-payment of rent 16 www.birminghamlawsociety.co.uk

has been delayed to 30 September 2020 (previously the moratorium extended to 30 June) • The use of statutory demands and winding up petitions has been effectively banned until after 30 September 2020 unless the relevant [landlord] creditor can can establish that COVID-19 has not had an effect on the relevant [tenant] debtor’s finances or the relevant debtor would be in the same position in any event.

“What is clear is that the current moratoriums cannot continue indefinitely,” continued Graham.

“That appears to be the driver behind the Code of Practice for the Commercial Property Sector published by the government on 19 June 2020. The core aim of the Code is to encourage commercial tenants and landlords to work together to protect viable businesses, with a core driver being to encourage openness between the parties about the financial situations they find themselves and to seek accommodations to allow both to operate through the difficulties.

“It is undoubtedly the case that there is a community of interest between landlords and tenants at this time if both wish to preserve their businesses through these choppy waters. However previous attempts to encourage a less adversarial approach to relations have not always been fully adopted. Take the Lease Code for example – a wonderful idea both loved for its intentions and ignored when it does not meet with a party’s commercial interests.

“Perhaps the current crisis will be a sufficient shock to change the dynamic of the way business works. Or perhaps further government intervention will be required to balance the interest of landlords and tenants more actively.”

If you would like to find out more about the issues currently faced by landlords and tenants please visit the Clarke Willmott Covid Hub at www. clarkewillmott.com You can also get in touch with Graham directly at graham.mcintyre@clarkewillmott.com or on 0345 209 1471.

Are you up-to-data?

Don’t get caught out when property transactions are delayed If a property transaction is taking longer than expected, there’s a significant risk that something might have changed since you ordered the search reports. No problem. To give your customers peace of mind that you’re assessing the very latest environmental data prior to completion, we’ll give you an additional, up-to-date version of our RiskView Residential report for FREE.

Job done.

However long a transaction takes, RiskView Residential has got you covered.

Contact your Landmark Account Manager or search provider for details or visit www.landmark.co.uk/landmark-legal/riskview-conveyancer

RiskView Residential is Landmark’s gold standard, all-in-one environmental search report, used by property lawyers to assess a wide range of potential hazards on behalf of prospective purchasers.

These include flooding, ground stability, contaminated land, energy and infrastructure.

REGULATION REPORT

REFLECTIONS ON MENTAL HEAL WRITTEN BY BRONWEN STILL, SOLICITOR WITH JAYNE WILLETTS & CO AND IMMEDIATE PAST CHAIR OF LAWCARE I have this month stood down as chair of the Board of Trustees of LawCare and it is interesting to reflect on changing attitudes to mental health and wellbeing by law firms during this period – and during the 23 years that I have been a trustee.

WHAT LAWCARE IS AND WHAT IT DOES LawCare was originally set up as Solcare in 1997.

Solcare was a charity, initially funded solely by the Law Society, with the object of supporting solicitors with addiction and other mental health problems through a confidential helpline. LawCare now helps all lawyers in all jurisdictions across the whole of the UK and Ireland and is funded by their professional bodies. It continues to provide confidential support via its helpline and has added a webchat and email facility. These are operated

by LawCare staff who have all had private practice experience as solicitors. For those who need continuing support after this initial contact, callers are paired with “peer supporters” who are lawyers who have suffered similar problems to the caller referred to them.

18 www.birminghamlawsociety.co.uk

This support is now enhanced by a website which contains a huge range of “self help” materials covering subjects such as depression, stress, anxiety, bullying, suicide, addiction and bereavement.

The website also has a workplace hub, which offers help to firms wanting to provide a mentally healthy workplace for staff and a wellbeing hub for individuals. This year a new hub has been added to help those dealing with covid 19 related issues. Since lockdown, covid related calls have grown to about 40% of the total calls received.

Increasingly, LawCare’s focus has been on promoting wellness in the workplace by encouraging firms to adopt a supportive and open environment where people feel able to talk about problems which may be affecting them. To help do this, LawCare has been adding training materials to its website in the form of webinars which can be used in firms to support their internal wellness programmes.

It has also added a free online training resource on emotional competency and professional resilience for individuals, which was developed in conjunction with academics. The course on Managing and Understanding Yourself takes 2-4 hours in total to complete but is broken down into smaller sections, and includes videos from

with their personal experience of suffering from, and dealing with, these types of problem. This has had a huge impact in breaking down stigma and encouraging open discussion.

High profile cases that have reached the Solicitors Disciplinary Tribunal and the High Court have shone a light on what can happen when firms treat their staff very badly and apply intolerable pressure to them and this has helped support LawCare’s concerns. The Tribunal itself felt moved to make the following comment: “During the last 10 to 15 years, and in particular in the last 5 years or so, awareness and openness concerning mental health issues have developed.

Management at law firms and elsewhere should be more alert to the warning signs, which included, amongst other things, decline in performance, physical symptoms of distress, and uncharacteristic behaviour such as a drop in reliability. Management should be able to respond appropriately, for example by providing access to external counselling services. We have all become much more aware of bullying and harassment in the workplace which can have a significant impact on employees, particularly those who might be described as being vulnerable.”

Firms are now beginning to recognise that a supportive workplace in which individuals feel able to talk about difficulties with their work or health is beneficial for the firm and its clients. A great sea change in attitudes is taking place. However, there is still a long way to go. Calls to LawCare’s helpline have made it quite clear that some firms have not got the message.

LTH IN THE PROFESSION legal professionals discussing wellbeing issues as well as a range of interactive activities.

LawCare is also now frequently invited to speak on the subject of mental health at conferences and its views are sought by the press when comment is needed.

Finally, LawCare has recently set up a research group involving LawCare staff, trustees and academics to gain a deeper understanding of the impact of working in law on mental health and to identify best practice in legal education, training and practice to support lawyer mental health.

CHANGES I HAVE SEEN When Solcare was initially set up the subject of mental health issues in the workplace was viewed as something firms did not need to trouble themselves with and huge stigma was attached to issues like depression and addiction.

They were issues which were not discussed and this was exacerbated by the

fact that legal practice has always tended to attract competitive, high achievers who find it hard to admit to any form of weakness. The prevailing attitude was that legal practice was considered a tough environment and if you could not stand the pressure, law was not for you. Because of this attitude, Solcare and subsequently LawCare, found it hard to gain any recognition for the support work it did.

Few people were prepared to talk about these issues or acknowledge that there was a healthcare problem within firms that needed addressing.

Things have changed radically over the last 4 or 5 years with mental health issues being discussed far more openly and with many high profile individuals being prepared to step forward and talk about their personal experiences of, for example, stress, depression, addiction and bullying.

LawCare carries on its website the stories of lawyers who have felt able to go public

LawCare’s statistics show that year after year, stress, anxiety and depression form the vast majority of calls. Surveys have also shown that there are high levels of unmanageable stress, particularly amongst those newly qualified. In all this, LawCare is leading the way but there is still a long way to go.

Finally, LawCare is currently recruiting new trustees. For anyone interested, full details of the role and how to apply appear on LawCare’s website www. lawcare.org.uk/get-involved/trusteevacancies Our regular columnist Jayne Willetts is away on holiday. Her colleague Bronwen Still has stepped into the breach in Jayne’s absence.

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

www.birminghamlawsociety.co.uk 19

OPINION YOUR ‘HOW’ IS THE NEW ‘HOW’- EMBRACE CHANGE AND STAND-OUT FROM THE CROWD

BY ALEX BISHOP, PARTNER AND CO-HEAD OF SHOOSMITH’S BIRMINGHAM OFFICE LAW firms are not known for embracing change and standing out from the crowd. But at Shoosmiths, we want everyone to know that this is something we are good at.

We are a unique firm and employer - not only because we have a defined cultural identity and a strong values set, but because we aren’t afraid to make positive, bold decisions.

experience enhanced. If we need to be flexible to achieve that, we will be.

Upon the opening of our offices on 3 August, we told everybody about our unique new way of working – giving colleagues more choice to make their own decisions on where and when they work. This is one of the four key working principles set up by Shoosmiths which has committed to an output not occupancy ethos, with technology taking precedence over floorspace – all aimed at enhancing the firm’s client experience.

• The answer is ‘yes’ The assumption is that flexible working requests and/or working from home will be approved – the onus is now on the manager to make out a compelling business case as to why it cannot work at that time.

The advent of the public health crisis acted as a catalyst, enhancing our unique brand of agile working that we had spent the previous three years establishing across our network of 13 offices and hubs. At this point we adopted even more home-based working and provided colleagues with all the necessary equipment within a week.

The Birmingham office has been working with a new technology to ensure all staff are working in a Covid-19 Secure environment, with my co-head of the Birmingham office, Beth McArdle, leading on a project trialing ‘Base Camp’ through our Live Working platform - an online portal which allows colleagues to carry out and update an online risk assessment, book a desk and/or parking space and contains all information required for the office to operate to its optimum.

Beth and I and our other partners in the firm really are incredibly proud of how we’ve adapted– from the commitment and flexibility of colleagues, to the speed at which our IT and HR teams fast-forwarded our working from home ability and now developing our own solution to aid our return to work.

For me specifically it was also great to be involved in a project that would also change the way all of people manage their working lives, leading the initiative to develop Shoosmiths’ ‘Your How’ new working principles, which are: • Enhanced client experience The key underlying principle is that client needs must continue to be met and the overall client 20 www.birminghamlawsociety.co.uk

• Your ‘how’ Individual autonomy and responsibility underpins how we work. Managers do not impose their ‘how’ but account must be taken of supervision and development needs, as well as overall wellbeing.

• Output not occupancy We are interested in output and performance not where or when people work. Use of tech takes precedence over use of floorspace. We trust you to deliver.

We have also enhanced our LegalTech proposition for clients under our ‘The New How’ initiative, led by Birmingham business advisory partners David Jackson and Tony Randle.

This has been designed to help client businesses perform optimally in the new normal. Products such as matters+ revolutionises legal ops for in-house counsel; Live Working helps clients to stay up to date with the Shoosmiths legal team; Cia (Contract: Intelligent Analysis) is a brand new AI contract review and mark-up platform; and Readiness is designed to protect the value of a business and help prepare for a legal due diligence process. These products all save clients money and give them more time back.

This is what taking the opportunity for a radical refresh looks like - we know that all of this will improve working life for our teams, aid our diversity and inclusion agenda, increase our talent pool and enhance our client offering. This really is a game changer and it will be interesting to see whether other firms are bold enough to make similar announcements. This ultimately comes down to the fact that we trust the people we work with to make their own decisions and to get the work they need to do, done, however they see fit. It also comes down to our ability to listen to our clients and develop the tools they need to emerge from the pandemic positively.

For people who like what they see and want to be a part of it, we welcome conversations with local talent looking for a dynamic, innovative firm offering them a new way of working.

THE TICKING CLOCK FOR PROPERTY LAWYERS onto the market once it reopened, but a record number of sales being agreed compared to any month over the last ten years – up 38% on the previous year – with a calculated value of £37 billion.

The West Midlands is faring well in amongst all of this activity, with further research by the Birmingham estate agent, Barrows and Forrester, showing that properties are selling faster in the region than anywhere in England outside of Greater London. It found that on average, homes would sell in 58 days – just one day behind Greater London.

The agent also identified that property values are remaining steady, with prime properties showing consistent growth and the region recording the highest asking prices outside of London and the South. The average transaction value for homes over £1m came in at £1.205m over the last year – not far from London’s average of £1.38m. The B15 postcode specifically, which covers Westside and Edgbaston, carries an average sold price of £1.35m, followed by areas of Solihull (B91) and Sutton Coldfield (B74).

For property lawyers, the clock is certainly ticking to ensure as many of the transactions coming through now are completed ahead of the Stamp Duty Land Tax holiday that the Chancellor of the Exchequer introduced back in early July. With a window of opportunity that closes in just six months’ time, everyone is well aware of the pressures in meeting the deadline to ensure clients can take advantage of the cost savings that come from the tax break.

Making sure it is possible to have swift access to the required searches and due diligence to move transactions forward as quickly as possible has never been more important.

What a whirlwind 2020 has been so far. Only five months ago, we were in the height of the Coronavirus pandemic. Here at Landmark, we had initiated our business continuity plan, with all team members swiftly adjusting to working from home, while the property market held its breath for ‘what would happen next’. At the time, there were many questions on what impact it would have on our business and personal lives as COVID continued to unfold, and we worked within the boundaries of ‘lockdown’ writes Tony Rollason, Regional Manager, Landmark Information.

Time seems to be moving on fast and we now find ourselves in September, and, with us all adjusting to the new normal way of working.

During that time, it has been incredibly busy as firms adjust.

In April, Landmark Information Group was one of three leading organisations in the home moving process that presented a four-step plan to government on how to kick-start the housing market. Our aim was to include the progression of transactions and safe home moving in the first phase of the easing of lockdown restrictions, and we were delighted when the Housing minister gave the property market the green light to proceed in mid-May. Upon reopening, early indications showed positive ‘buoyancy’ signs and since then market analysis is indicating that the market continues to recover, with listings almost back to pre-lockdown levels as the weeks move on.

The number of search reports being ordered by lawyers continues to increase and, while there may be bumps in the road ahead as we move forward, we continue to be thankful for the reopening of the property market.

In fact, the latest data from Rightmove’s house price index shows a very positive picture in that the number of monthly sales agreed in August is the highest it has ever recorded since the company began tracking the data over a decade ago. It not only shows a significant surge in the number of properties being put

Our all-in-one environmental reports, which include planning data, is one way lawyers and conveyancers can gather a broad array of risk assessment from one single order. It eliminates the need to go from pillar to post to get the information that is needed to support a client’s transaction.

Overall, from our observations, a big learning from COVID is that it will be a big driver for change and innovation; we are seeing a greater appetite for change than before, with a renewed energy from the market on considering new ways that technology and data can enhance and speed up property transactions.

These continue to be extraordinary times, with everyone keeping a watchful eye on what is happening both nationally, but also on a local or regional level. Whatever happens next, we are here to support the property market, and look to the future with a cautiously optimistic stance. www.landmark.co.uk/landmark-legal

www.birminghamlawsociety.co.uk 21

OPINION

CHANGES REQUIREDTO STOP FAILIN ISSUES WHENTHEY’VE BEEN ACCUSE

Over the years, there’s been a definite failure by the legal profession in obtaining proper and full assessments of clients suffering from one or more mental health issues, in my opinion. This means the profession is letting down its clients and acting without the highest standards in mind.

In fact, even where there are clearly issues for concern, there has been a failure in many cases, to obtain appropriate psychiatric or psychological assessments and this needs to change.

I have specialised in the field of Criminal Defence for 14 years, spending the last eight years operating as a licenced paralegal preparing cases for my own clients both within solicitor firms and more recently on a privately funded client basis, I have been involved in the preparation of defence cases for a considerable number of clients with mental health issues.

The onus must surely be on the authorities and legal professionals throughout the UK to thoroughly consider a client’s potential mental health state from the outset.

This should start at the police station interview stage.

For example, adverse behaviour as a child or teenager growing up in care, or within a dysfunctional or disadvantaged family is currently deemed to be not enough of a concern for many legal representatives to consider further investigation or expert reports.

22 www.birminghamlawsociety.co.uk

Incidents such as these have led to miscarriages of justice in the past, yet still today not enough consideration is given to those with mental health issues who get caught up within the criminal justice system.

WHAT IS HAPPENING? As a police station accredited representative, I’ve attended at police stations, and other venues, to advise and assist clients who are being interviewed by police. At the police station when a client has been arrested and is being booked in to the custody suite they are asked if they suffer from mental health issues as part of the welfare check. Many will not divulge that information due to a perceived stigma associated with mental health.

I recall one client where their mental health issues were known to exist and a mental health nurse was on hand to determine whether the client was fit to be detained and fit to be interviewed. That nurse determined that the client was fit. I arrived, and in consultation with my client it was clear that they were unfit, because they were talking about angels and the devil, and clearly did not understand the reason for their arrest or where they were. Having made representations to the mental health nurse and the custody sergeant I was advised that despite my concerns and representations the interview would proceed! Within a minute of that interview commencing the police officer agreed that the client was not fit to be interviewed nor detained. The client was subsequently released into the care of their carer. Clearly there had been a significant error on the

NG PEOPLE WITH MENTAL HEALTH ED OF A CRIME

BY CAROLINE SPENCER-BOULTON, NALP LICENCED PARALEGAL, 24:7 CRIMINAL DEFENCE These are just two examples of many I have dealt with, some in relation to submitting applications for leave to appeal, where I firmly believe a miscarriage of justice has taken place.

WHAT NEEDS TO CHANGE? Here is what I believe needs to happen in order for the legal profession to better serve people with mental health challenges: 1) Start at the police station. Full and proper consideration/assessment by Mental Health Nurses at the police station stage. The aim is to determine, where a client suffers from mental health issues, their real ability to understand and give instructions and/or an interview. All too often clients are deemed fit for interview at the police station, when clearly, they are not.

part of the police force and mental health nurse. Thus, it is imperative that police station accredited representatives and solicitors take the time to assess a client and perhaps, more importantly, make suitable representations to the police and mental health professionals if there are concerns.

Another incident involving a client with mental health issues involved one who was already serving a significantly long sentence. That client advised me that they became involved in bad behaviour as they believed that they would be killed if they were not segregated. That client had received no mental health care in the, approximately, 10 years they had been incarcerated. Due to my concerns, a full psychiatric and psychological assessment and expert report was obtained. It transpired that one of the experts believed that the client’s original case was unfair due to the client’s mental health issues and that the client should consider appointing a legal professional to look at their original case with a view to submitting a fresh application to appeal.

That client, with the diagnosis, evidence and advice submitted in the expert reports, was finally given mental health care and treatment in the prison.

2) Assessment. An in-depth assessment by the Crown instructed expert psychiatrists and psychologists. Often these people are only given the defence expert report and prosecution evidence.

The Crown’s experts should be given sight of the medical records of those they are assessing, and they should provide a full assessment and report on the person’s ability to understand the trial process and take part in it. They should not be asked simply to provide a report aimed solely at a continuation of prosecuting a defendant. Often the full mental health issues are not covered in these Crown instructed reports.

3) Education. Education of legal professionals - defence and prosecution – to help them understand mental health issues and the treatment options.

Further educating legal professionals to note and consider these issues if they have concerns when dealing with a client. Encouraging them to obtain those vital expert reports, from psychiatrists and psychologists, as to their client’s mental health. More often than not those assessments prove vital to the outcome for the client.

4) Utilising help. Deeper consideration and use of Hospital Orders. Utilising the help available from the Probation Services and ensuring that the most vulnerable are protected by the courts.

5) Rehabilitation. Prisons should revert to proper rehabilitation techniques. These appear to have waned over the past 10 years or so. This should include suitable assessment of those with suspected mental health issues particularly within the Autism range, ADHD and PTSD; all of which can be complex. Appropriate treatment should be given to those serving custodial sentences. Those

with significant learning difficulties and/or low IQ should be provided with approved courses and treatment to help with coping and progression, as well as obtaining employment once released.

The government should put in place a service for those released from prison who suffer from mental health issues so that they may continue to be provided with assistance and treatment, in order to reduce reoffending behaviours.

6) Intermediaries. The use of intermediaries in court proceedings appears to be a rarity. In a world where there is a significant trend towards those with mental health issues facing proceedings before the Courts, intermediaries should be instructed to assist the client during trials and other hearings/conferences where necessary.

This intermediary service is currently heavily overlooked.

There appears to be a very gradual roll out of psychiatrists being available at the Courts to assess defendants facing sentencing on a more positive note. A very tiny step, but certainly one in the right direction. However, my concern is that there are not enough hours in a day at the court for a full and proper assessment to be carried out. Therefore, in my opinion, without a full assessment, defendants will not be offered appropriate treatment or sentencing plans.

Full expert reports should be obtained by defence solicitors/firms on their client’s behalf where and when possible. Legal aid funding is available for these expert reports where clients are legally aided.

For those clients who are privately funding their defence case, their defence team should advise them about the importance of obtaining expert reports on a client’s mental health issues – albeit that this can be at a significant cost to the privately funded client.

Mental Health is a wide-ranging condition which is all too often either not fully considered by legal professionals and related authorities or considered at all. This attitude and lack of proper consideration must change for future generations.

ABOUT THE AUTHOR Caroline Spencer-Boulton is a NALP Licenced Paralegal from 24:7 Criminal Defence. The National Association of Licenced Paralegals (NALP) is a nonprofit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). http://www.nationalparalegals.co.uk Twitter: @NALP_UK www.birminghamlawsociety.co.uk 23

LAST WORD

SOFTWARE SWAP GUIDE:

FOUR TIPS TO PROTECTING YOUR DATA The COVID-19 lockdown has forced all of us to be more reliant on technology and embrace working from home. But many legacy IT infrastructures are ill-suited or too outdated to handle all the demands of remote working. Cloud-based software is the solution, but where to start asks Julian Bryan, Managing Director, Quill.

strategy? Don’t be rushed into signing contracts without poring over this legally binding agreement. It’s the small print that often causes problems. If your supplier is forcefully requesting your signature and you feel pressured to commit against your will, alarm bells should be ringing.

Read on for four important considerations before making the software switch: 1. Getting your data back – it’s your right. Lots of variables should be considered before you commit to upgrading or swapping software. Not least your data; of which you store vast quantities. Your law practice stores a plethora of important documentation, such as contact, identity, matter and financial – all of which must be handled carefully.

Unfortunately, some providers make it as difficult as possible for clients to migrate their data. And yet, this data is not theirs to hold - it belongs to you. This is unethical as well as being the worst type of client retention strategy there is!

You don’t want this to happen to you, especially if you discover the truth about locked data at the time you wish to leave. You shouldn’t be denied access to your own property and your supplier has a duty to act as the custodian, not owner, of your data. Enquire about assistance with data extraction upfront.

It’s not unreasonable to pay a fee for the service of delivering your data but it should be timely.

Additionally, once the migration has taken place, your supplier should delete your data from their stores otherwise both parties (you and your supplier) will fall foul of data protection rules; the Data Protection Act 2018 and GDPR amongst them.

2. Rigorously safeguard your data. With the onset of stricter data protection rules and existing regulatory obligations comes more onerous duties. Heavier too are the fines imposed for non-compliance - both parties could be blamed for any data breach. Glance at legal news headlines and you’ll see that leaked data can and does happen.

Your software supplier must follow the right procedures in safeguarding your valuable data. Check for accreditations which evidence sufficient cyber security standards; primarily ISO and Cyber Essentials certification.

Reputable organisations undergo rigorous annual recertification processes in order to gain these quality marks, so make sure your new supplier carries these endorsements.

As standard, your supplier’s security protocol should include at least the following measures: • • • • • • • • •

password access SSL encryption firewalls penetration testing system monitoring replication physical security measures other industrial-strength security protocols robust BCDR plans for further reinforcement

3. Negotiate the best possible contract terms. We’ve already covered data export but what about your overall exit 24 www.birminghamlawsociety.co.uk

4. Ensure Legal Software Suppliers Association (LSSA) membership. The LSSA is the UK body for legal software developers and vendors whose aim is to set and maintain professional standards within the sector.

The LSSA’s sets out recommendations relating to data conversion such as extracting data in an industry-standard format within a reasonable timeframe, exporting associated case-related documents, generating reports on current data, supporting trial conversions through mutual supplier cooperation, transforming data to accommodate subtle differences between databases and checking data integrity once converted with any requisite correctional activity.

LSSA membership is confirmation that you’ll be well looked after at all stages of the customer lifecycle from acquisition to termination. Suppliers not adhering to the LSSA’s standards stand to lose their LSSA accreditation completely. You should apply extreme caution when dealing with companies whose reputation is questionable.

Summary: Hopefully our tips will help you easily and painlessly switch to another supplier. Remember that you are responsible for safeguarding your data and the best way to do this is to find a reputable and trustworthy software vendor right at the outset. Use this guide as a starting point, supplement with other pressing questions of your own and you should be well on your way to putting into place your optimal IT set up to cope with COVID challenges and into the future.

Julian Bryan is the Managing Director of Quill, which 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. Julian has been an advocate for quality software standards and served as the Chair of the Legal Software Suppliers Association from 2016 to 2019. He can be reached at j.bryan@quill.co.uk.

Quill’s business continuity assured software & services

TIME RECORDING

AML CHECKING

CENTRAL DATABASE

MS INTEGRATION

PAYMENT PROTECTION

Stopwatches for desktop & mobile

AML searches during client set-up

Safe repository of contacts & matters

Close links to Word, Outlook & Excel

Sort code & bank account validation

SOFTWARE APP

24/7 SUPPORT

SECURITY ASSURANCE

OUTSOURCED CASHIERING Always-available model

DICTATION APP

Dictate documents on your smartphone

PERSONALISED DASHBOARD

AFFORDABLE FEES

Progress matters whilst on-the-go

Monitoring around the clock

ISO 27001 & Cyber Essentials certified

ADD-ON SYSTEMS

ACCOUNTS MODULE

REAL-TIME REPORTING

Forms & document bundling

Fully compliant accounting

Pre-defined & bespoke reports

WIP & KPIs at your fingertips

Avoid heavy upfront CapEx

Strengthen your BCDR plan Just choose Quill 0161 236 2910

info@quill.co.uk

quill.co.uk

Practice management software | Cashiering service Legal accounts software | Payroll & typing service