Surrey Lawyer January 2024

SurreyLawyer THE OFFICIAL JOURNAL OF THE SURREY LAW SOCIETY | JANUARY 2024

SLS President

Dawn Lawson ■ Local News ■ Training & Events Programme 2024 ■ The Mass Arrests of Chinese Lawyers in July 2015

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PUBLISHER Ian Fletcher Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 05 President’s Jottings 07 CEO Report 08 News 10 ReviewSolicitors:

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SALES DIRECTOR Karen Hall STUDIO MANAGER John Barry MEDIA No. 2013 PUBLISHED January 2024 © The Surrey Law Society Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

Navigating the Legal Landscape with Transparency, Trust, and Collaboration with Surrey Law Society

07

11 Business Confidence 12 Training & Events Programme 2024

16 Council Member's

DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

Report

10 17 Money Mule

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

Account Indicators

18 Public Affairs

Update: The Law society of England and Wales

Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

COVER INFORMATION Image: New SLS President Helen Lawson

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Copy Deadlines

Chinese Lawyers in July 2015

24 Focus on EDI 26 Surrey Junior

28th MAR 2024 (For APRIL 2024) Advertising Anyone wishing to advertise in Surrey Lawyer please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial Anyone wishing to submit editorial for publication in The Surrey Lawyer please contact Helen Opie before the copy deadline. 0333 577 3830 helen.opie@surreylawsociety.org.uk

20 The Mass Arrests of

Lawyers Division

30 Book Review Follow us on social media @SurreyLawSoc @surreylawsociety https://www.linkedin.com/groups/8731473 SURREYLAWYER | 3

OFFICERS

KEY OFFICERS President DAWN LAWSON Nichols Marcy Dawson LLP, Portman House, Colby Rd, Walton-on-Thames KT12 2RN Tel: 01932 219500.

Email: d.lawson@nmd-law.com Deputy Vice President KIM WINTLE Blackfords LLP, Cleary Court, 169 Church Street East, Woking GU21 6HJ Tel: 03330 150150 Email: kim.wintle@blackfords.com Honorary Secretary KIERAN BOWE Russell-Cooke Solicitors, Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk Hon. Treasurer CLAUDENE HOWELL Owen White & Catlin LLP, 74 Church Road, Ashford, Middlesex TW15 2TP T: 01784 254188 E: claudene.howell@owc.co.uk

ALASTAIR LOGAN Pound House, Skiff Lane, Wisborough Green, West Sussex RH14 DAG Email: alastairdwlogan@btinternet.com EMMA PATEL Rosewood Solicitors, Export House, 5 Henry Plaza, Victoria Way, Woking, Surrey GU21 6QX Tel: 0Tel: 01483 901414 Email: emma.patel@rosewood-solicitors.com RACHEL PHILIP S. Abraham Solicitors, 290A Ewell Road, Surbiton, Surrey KT6 7AQ Tel: 020 8390 0044 Email: conveyancing@sabrahamsolicitors.co.uk JAMES SCOZZI Elite Law Solicitors, 1 Fetter Lane, London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk SUZANNE WALKER Nichols Marcy Dawson LLP, Portman House, Colby Rd, Walton-on-Thames KT12 2RN Tel: 01932 219500; Email: s.walker@nmd-law.com

COMMITTEE MEMBERS Immediate Past President MADELEINE BERESFORD TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752742 Email: madeleine.beresford@twmsolicitors.com NICK BALL TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752700 Email: Nick.Ball@twmsolicitors.com CARINA BRITS Palmers Solicitors, 89-91 Clarence Street, Kingston upon Thames, Surrey KT1 1QY Tel: 020 8549 7444 Email: carina.brits@palmerssolicitors.co.uk MARALYN HUTCHINSON Kagan Moss & Co, 22 The Causeway, Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk DEV JUMMOODOO Rosewood Solicitors, Export House, 5 Henry Plaza, Victoria Way, Woking Surrey GU21 6QX Tel: 01483 901414 Email: dev.jummoodoo@rosewood-solicitors.com

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LAW SOCIETY COUNCIL MEMBER SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

Chief Executive & Magazine Editor HELEN OPIE Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk

SUB-COMMITTEES CONVEYANCING & LAND LAW Rachel Philip Carina Brits Maralyn Hutchinson Ema Jones Martin Whitehorn

EQUALITY, DIVERSITY & INCLUSION Emma Patel Victoria Clarke Amber Howton Alastair Logan Linda Lusingu Amber Matheson Maria Mingoia James Scozzi FINANCE Claudene Howell Nick Ball Maddie Beresford Kieran Bowe Helen Opie PRIVATE CLIENT Kieran Bowe Maddie Beresford Jess Buttaci QUO VADIS Claudene Howell Nick Ball Maddie Beresford Kieran Bowe James Scozzi Helen Opie SOCIAL Madeleine Beresford Claudene Howell Daphne Robertson Gerard Sanders Helen Opie Kim Wintle SURREY JUNIOR LAWYERS DIVISION Bethany Walker (Chair) Alex Watson-Lee (Vice Chair) Bisma Hussain Martin Whitehorn Daisy Welland Seema Gill Katie Foulds Kabina Suyal Joanna Earl Hannah Gibbons Daniel Hart Ellie Sullivan Daniella Mcleod Alexandra Pruvost Sapphire Gold Jasmine Lagha Lavanya Hart Julia Francis-Owusuasefa Joshua Schonegevel Email: surreyjuniorlawyersdivision@gmail.com LinkedIn: https://www.linkedin.com/company/ young-surrey-lawyers Instagram: jld_surrey Twitter: @YSL_Live / @SurreyJLD

INTRODUCTION

President’s Jottings JANUARY 2024

Dawn Lawson

I

t is an honor and a privilege to have been appointed President of the Surrey Law Society for the 2023/2024 term. I have been a member of the committee for the past 12 months and acting Vice President since April 2023. For the past 15 (almost 16 years) I have been a conveyancing solicitor in Surrey, having qualified in March 2008 after completing my training contract in Kingston upon Thames. I am originally from Aberystwyth, Wales. I have worked in both small and national firms (all in Surrey) before settling in Nichols Marcy Dawson LLP in Walton on Thames in 2012 where I am one of 4 Partners. I also live in Walton on Thames with my husband Adrian and two children Joshua (8) and Seren (4).

I would like to thank all the members and the committee for their warm welcome and particularly to our outgoing president Maddie for her contribution to the society during her term. She was originally a member of the junior lawyer’s division before joining and then becoming President of the Society. She has dedicated a considerable amount of her free time to furthering the Society’s cause for which we owe her much thanks. Maddie was heavily involved in both the 2022 SLS Legal Awards and the planning for the 2023 SLS Legal Awards. She facilitated the move of in-person training to the offices of TWM, engaged several new members to the committee and during her term raised more than £5,000 for her chosen charity, The Samson Centre. Maddie is currently enjoying maternity leave and we very much look forward to welcoming her back to the committee in the coming months.

My aim during my term is to promote collaboration and access both within the Society and the profession. Anyone is welcome to join the committee and if they are interested in doing so, should e-mail Helen at helen.opie@surreylawsociety.org. uk. The strengthening of the committee will enable the better representation of all lawyers in Surrey and gives us a platform to voice our ideas and concerns with each other, and at a

national level. I feel this is particularly important as there have been many changes to the legal landscape over the last few years. Many resulting from COVID and the need for firms and individuals to adjust their working methods to accommodate remote working and navigating unknown territory. Undoubtedly, whilst a lot of the problems presented by COVID have for the main subsided or been overcome, we are as a profession facing several new challenges both from new ways of working, market conditions and regulatory requirements. Only a couple of weeks ago around 80 firms were affected by a service outage affecting IT provider CTS. Whilst the issue clearly affected CTS service users it also impacted solicitors and clients who were progressing transactions with these firms on the other side. I have spoken to several solicitors affected, some of whom had been effectively paralysed and unable to work despite their best efforts. With ever greater use of technology and the risk presented by hackers, I think we can all sympathise with their predicament.

Looking forward, over the next few months, the Society will be focusing on its plans for 2024, designing the training program, introducing further social events, looking to renew partnerships with our patrons, and reviewing its membership structure. I am also looking at introducing a “pay it back scheme”. Many aspiring or junior lawyers find it difficult to break into the profession and I am keen to promote greater accessibility by engaging with our members to offer work placement opportunities and looking at the introduction of a new award in the 2024 Legal Awards to recognize those individuals or firms who have risen to the “pay it back” challenge.

My chosen charity is Cancer Research UK in memory of my Mum. I will be looking at the feasibility of introducing a Summer Ball and some sporting events to raise awareness and money for this very worthy cause.

Dawn Lawson

President Surrey Law Society SURREYLAWYER | 5

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INTRODUCTION

CEO Report JANUARY 2024 Helen Opie

A

s we approach the end of another year, it is my pleasure to reflect on the achievements and milestones we have accomplished together as a legal community. Despite the challenges that 2023 brought, the Surrey Law Society and its members have come together to enjoy a full programme of activity, which we hope that you have found beneficial and rewarding.

Training Programme Success We are proud this year to have expanded our Training programme, and to have continued running SLS courses at our lowest-ever attendance fees for members. In 2023, we hosted 11 free webinars, alongside 6 online courses and 4 in-person courses, fostering both digital and faceto-face learning experiences. I am delighted to share that 450 members registered for webinars across the course of the year and 150 attendees registered for our online and in-person courses, highlighting the value of those sessions to the legal community in Surrey.

Influencing Change through Consultations In 2023, the Surrey Law Society Committee played a key role in advocating for the interests of our members by responding to key consultations. Our involvement in the Law Society Climate Risk and Conveyancing Practice Note Consultation demonstrated our commitment to addressing pressing issues, ensuring our legal community is at the forefront of environmentally conscious practices.

Furthermore, we actively engaged in the Law Society Stakeholder Engagement consultation on the Code for Signing & Exchanging Property Contracts, contributing our insights to shape industry standards. Our participation in the Ministry of Justice Consultation on Implementing Increases to Selected Court and Tribunal Fees highlighted the Society’s dedication to ensuring fair and equitable access to justice.

Thanks to our 2023 Patrons Our partnerships with industry leaders have been instrumental in the success of the Surrey Law Society. In 2023, we were privileged to collaborate with an outstanding array of companies dedicated to supporting the legal profession in Surrey. I extend my sincere gratitude to our patrons for the year: • Evelyn Partners • Landmark Information • Southey & Co • ReviewSolicitors • Finders International • Chadwick Nott • Pro Drive • Conscious Solutions • LawSure Insurance • Teal Compliance Supporting Surrey Programme This year's Supporting Surrey Programme, in collaboration with the Surrey Junior Lawyers Division, focused on enhancing Business Skills.

We were delighted to offer three webinars free of charge to members of both organisations, featuring experts in Delegation Skills, Commercial Awareness, and Legal Project Management.

Surrey Lawyer Magazine The Surrey Lawyer Magazine continued to be a valuable resource to members, with four editions distributed across the year. Many thanks to all our contributors and sponsors, especially committee member Alastair Logan, whose dedication to preparing engaging feature articles has been invaluable.

SLS Legal Awards The SLS Legal Awards was a great success at our new venue, G Live. With almost 300 attendees, 11 deserving award winners, and a truly spectacular event, it was a testament to the excellence and achievements within Surrey’s legal community.

Social Events Our calendar was filled with vibrant social events, fostering collaboration and celebration among our members. The John Perry Memorial Dinner saw 40 members, past and present, enjoying great company, delicious food, and a fantastic jazz band. The Past Presidents Championship Cup at Daytona brought together 60 participants who raced to be crowned the winning team. We enjoyed pizza and networking whilst admiring the beautiful sunset over the racetrack. We finished the year with our Quiz and Pizza Night, a sellout event with nine competing teams at Rogues Bar in Guildford.

Commitment to Diversity and Inclusivity Our initiatives in 2023 included the launch of a Schools Engagement Programme in collaboration with the EDI Committee, promoting access to the legal profession whatever your background. In October, the EDI Committee and the University of Surrey hosted a compelling Panel Discussion on Inclusivity in the Legal Profession, featuring esteemed speakers Jo O’Sullivan, Sushila Abraham, and Mark Robinson.

Managing Partners Event Surrey Law Society was also delighted to partner with Evelyn Partners on an exclusive event for Managing and Senior Partners from SLS Member Firms. This initiative aimed to foster collaboration and strategic discussions among key leaders in our legal community and we enjoyed an excellent Global Economic & Investment Market Update from JP Morgan.

New and Exciting Plans for 2024 As we anticipate the challenges and opportunities that lie ahead, the Surrey Law Society is gearing up for an exciting year in 2024. We are committed to building on the momentum of 2023 and have ambitious plans in store for our members, including: • A New Charity Ball • Online Conveyancing and Private Client Conferences • Implementation of a New Member CRM System In addition, we have another packed programme of training sessions planned and you can find more information on these overleaf.

In closing, I want to extend my warmest wishes to each and every one of you for a wonderful festive period, although I appreciate that this message won’t reach you until you’re back at your desks in January, so I am also wishing you a very prosperous start to 2024.

Thank you for your continued support and engagement with the Surrey Law Society, we look forward to a fantastic year ahead.

With best wishes, Helen

Helen Opie

Chief Executive & Magazine Editor T. 0333 5773830 E. helen.opie@surreylawsociety.org.uk

@SurreyLawSoc

@surreylawsociety

Helen Opie (Chief Executive at Surrey Law Society) Surrey Law Society SURREYLAWYER | 7

NEWS

Vanessa Collins joins Russell-Cooke Kingston office as legal director Her expertise further enhances the growing private client offering in Kingston where she joins partners Kieran Bowe and Julie Man and their team of 11 fee-earners.

Vanessa Collins

L

aw firm Russell-Cooke has announced the appointment of Vanessa Collins as legal director in its Kingston office.

Vanessa Collins, formerly a Director at SinclairsLaw in Twickenham, advises on estate and succession planning and specialises in Court of Protection matters including deputyship applications for personal welfare and/or property & financial affairs, in particular for individuals with disabilities and special educational needs (SEN) and lasting powers of attorney. She brings new experience to the team in advice and representation (including withdrawal of treatment) in serious medical treatment matters including the case of Pippa Knight (Child) in 2021 and RY(Adult) in 2016.

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Following a move to new offices in January 2023, the Kingston office has seen additional growth with a series of senior recruits, including a legal director and senior associate who joined the education team in the summer.

Partner Kieran Bowe said: “We are delighted to welcome Vanessa to our Kingston office. Her extensive experience will enhance our existing expertise. Her focus on vulnerable clients and her excellent client care aligns perfectly with our firm’s values. Vanessa joins at a very positive time for the office, where we are still flushed with the success of winning the Surrey Law Society Law Firm of the Year award and pleased to get such high-profile recognition for the team.”

Vanessa Collins said: “Having specialised in private client work for some 20 years, I’m excited to enter into a new phase of my career with Russell-Cooke. Joining a top 100 law firm with such a strong reputation both nationally and locally and with such a broad range of expertise will allow me to expand my practice and provide an even better service to my clients.” ■

NEWS

Warm Wednesdays returning to Epsom for a second year!

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ast winter Epsom Methodist Church, in the heart of Epsom, opened up its premises every Wednesday as a place where people could come to keep warm, enjoy hot drinks and a lunchtime bowl of soup and have a friendly chat with others. In the afternoons Warm Wednesdays hosted an after-school club that included children’s entertainment and an evening meal for all the family.

Everything was free of charge and the initiative proved very popular, with an army of volunteers making and serving over 1,000 meals during the course of the winter.

From 1st November through to 13th March 2024 Warm Wednesdays is back and from 10am to 6pm will be making the same offer available as last year.

In an exciting new development Warm Wednesdays will this winter also include a weekly one-stop advice cafe. The church has partnered with a range of local organisations including Citizens Advice, The Mary Frances Trust, Epsom & Ewell Employment Hub, The Good Company, Surrey Community Action and Surrey County Council, to offer advice and support on: • Mental health and wellbeing • Benefits, welfare rights, housing and rents • Energy saving in the home and dealing with energy suppliers • Finding a job and accessing training • Budgeting and managing your money • Getting help in a crisis

Robert Hill, one of the organisers of Warm Wednesdays explained: “No appointments are required – just drop in, grab a free hot drink and have a chat to one of the friendly advisers. One week the advice café will operate in the morning from 11.30am until 1pm and the next week in the afternoon from 3.30pm to 5.15pm.

“We know life is tough for many people at the moment. Some people just want to be part of a friendly community where they can stay warm and make new friends. Others have particular worries and pressing concerns. And some will simply welcome somewhere where they and their children are entertained and catered for in a relaxed environment.

“We look forward to welcoming back many of those who joined us last year as well as making lots of new friends this winter.” ■ Further details and a map of Epsom Methodist Church’s location can be found at https://www.epsommethodistchurch.org.uk/ Groups/409512/Warm_Wednesdays.aspx Contact: Email: roberthill.home@icloud.com; Tel: 07802 551636

SAVE THE DATE! The SLS Legal Awards 2024 – 3 October

The Past Presidents Championship Cup – 20 June 2024 SURREYLAWYER | 9

ARTICLE

Adam Hall

ReviewSolicitors: Navigating the Legal

Landscape with Transparency, Trust, and Collaboration with Surrey Law Society

I

n the evolving digital landscape of legal services, where informed decisions are a click away, ReviewSolicitors stands as the UK's primary source of information and a beacon for new clients seeking legal representation, guiding them through the often complex realm of legal services.

At the heart of our mission to promote transparency and trust in the legal industry is our collaboration with the esteemed Surrey Law Society. We recognise the significant role that law societies play in upholding the highest standards of professionalism and ethics in the legal sector. By partnering with The Surrey Law Society, we align ourselves with a respected institution that shares our vision for ensuring that legal services are accessible and of the highest quality. Our shared goal is to empower legal professionals and clients and work towards a more transparent and brighter future for the legal industry.

Our Services: Exclusively tailored for law firms, ReviewSolicitors offers a wide array of benefits through our outstanding features: Case Management System Integration: Automatically send clients a review request once the firm has closed the matter on the system.

Google Reviews Integration: Integrate Google Reviews to your profile and direct clients to leave their feedback on Google Reviews.

Social Media Integration: Automatically share 4- and 5-star reviews on the firm’s social media.

Widgets: Display a firm’s most recent 4- and 5-star reviews on their website.

Individual Profiles: Create individual profiles for each member of the team.

Who We Are: ReviewSolicitors is dedicated exclusively to the legal world, ensuring potential clients can access genuine and verified reviews about law firms along with insights into performance, success rates, availability and other vital factors important for clients to understand at the early stage of their client journey.

SRA-orientated: Our questionnaire meets the SRA’s recommended quality indicators for reviews.

At the heart of ReviewSolicitors is its commitment to transparency and authenticity. Annually, over 5 million clients turn to ReviewSolicitors.

There are more advantageous features available exclusively to members who register with ReviewSolicitors. By joining, you can display your exceptional qualities on an independent review platform and establish a positive reputation in the industry. ■

Here, potential clients can delve into unbiased reviews penned by genuine former clients, encompassing all SRA-registered law firms.

These reviews shed light on individuals' positive and negative experiences with law firms. This first-hand knowledge equips potential clients with a clearer understanding of what they can expect when engaging with a particular firm.

Firms can improve their reputation using ReviewSolicitors to collect client feedback more efficiently. Our streamlined process benefits firms looking to establish a trustworthy and professional image.

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Comprehensive Analytics and Reporting: Use powerful analytics and reporting tools to make data-driven decisions. Gain insights into your firm's performance and the impact of your reviews.

Contact Us: Ready to take your law firm to new heights? Connect with us today to get started: Name: Adam Hall Phone: 0330 320 5053 Email: adam.hall@reviewsolicitors.com

ARTICLE

Business Confidence O

ptimism is a key characteristic of any leader.

With that in mind, it is perhaps no surprise that those involved in the management of law firms or performing the role of partner are confident in the year ahead – even in the dark days of the pandemic in the Evelyn Partners 2020 annual law firm survey, 90% of respondents said they were confident about the future and that was before a vaccine had been identified.

However, this year’s Annual Law Firm Survey, conducted by Evelyn Partners in conjunction with the Lawyer, reveals a subtle shift, with law firm leaders downgrading their outlook from ‘Very confident’ to ‘Reasonably confident’. This reflects the challenges that firms have had over the last twelve months – trying to achieve increases in revenue that cover increases in costs, while navigating an uncertain economic and political landscape.

While the ‘war for talent’ may have eased slightly in the last 12 months, good law firms will always want to recruit and retain good people. The percentage increase in wages and who gets what, is an annual challenge, but in an environment where inflation has rapidly risen (but is predicted to fall just as rapidly) the challenge is perhaps not to get the number right but just to ensure you don’t get it too far wrong. Of course, failing to pass on these increases to clients (and we know how difficult that can be) means margins and profit shares will be squeezed.

As a result, firms have increasingly bent over backwards to accommodate the needs of employees. Much of this is a positive long term investment in the wellbeing of employees, but once practices have been established it is often difficult to rein them in.

Businesses across all sectors are now asking whether the flexible working that has been broadly handed over to employees, has gone too far. Unsurprisingly, our survey shows that ‘working from home’ is preferable where someone has work that requires focus and isolation. But given so much of what professional services delivers is done through team working and collaboration, there is a question over whether more office attendance is needed – and not just on Tuesday, Wednesday and Thursdays.

Finally, if you happen to have a March year end, then congratulations on who made that choice (no doubt many years ago). For others in the market, the prospect of having to pay partners’ tax earlier means that a useful funding source will be lost. Perhaps surprisingly, only 9% of firms believe they will need additional funding, suggesting that firms have sufficient cash resources to deal with this - although almost two thirds have said that they will improve lock up to help fund the accelerated cash flow. Given the legal industry is arguably the worst performing sector on lock up management there is plenty of opportunity here, but will this happen in reality? Without improvements in lock up, balance sheets for the non-March year ends will become weaker in the next year or so, just at the point where firms will need a healthy financial position to deal with all of the other pressing issues. ■

By Giles Murphy Head of Professional Services, Evelyn Partners LLP Giles.murphy@evelyn.com

Evelyn Partners is the UK’s leading integrated wealth management and professional services group, created following the merger of Tilney and Smith & Williamson in 2020.

Evelyn Partners has a network of offices across 29 towns and cities in the UK, as well as the Republic of Ireland and the Channel Islands. Through its operating companies, the Group offers an extensive range of financial and professional services to individuals, family trusts, professional intermediaries, charities, and businesses.

For further information please visit: www.evelyn.com or contact your local Evelyn Partners office in Guildford on 01483 468888 Evelyn Partners LLP is regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. Other services may be provided by other companies in the Evelyn Partners Group.

SURREYLAWYER | 11

TRAINING & EVENTS

Unlock the Power of Knowledge with Surrey Law Society's 2024 Training Programme!

We are thrilled to share the Surrey Law Society's 2024 Training Programme, carefully planned to elevate your professional expertise and ensure that you are kept abreast of the latest developments and legislation. This year, we bring you a comprehensive variety of training opportunities, blending the familiar formats of webinars, online courses, and in-person sessions, as well as exciting new additions to the programme.

Introducing CSG Conferences! We are proud to announce the launch of CSG Conferences, a brand new initiative conducted in collaboration with the member societies of the County Societies Group. Our inaugural conferences include dedicated events on conveyancing and private client matters, promising invaluable insights and affordable training for all CSG members.

Free Webinars: Your Gateway to Knowledge! As part of our commitment to your professional growth, we are delighted to continue offering a series of free webinars exclusively for our members. These sessions represent extraordinary value, providing you with the latest insights and expertise, all included in your membership subscription.

Exclusive Member Benefits! We are also excited to offer exclusive member benefits that make SLS training even more affordable to Legal practitioners in Surrey: 1. Double the Learning, Half the Price: Book one SLS Training course in 2024 and receive a second one at half the price. Ensure both courses are of the same type and secure your bookings before 31 March 2024 to unlock this exceptional offer.

2. Firm Season Ticket – Full Year Discounts: Enhance your firm’s learning experience by booking four or more courses (online or in-person) and enjoy a 20% discount on those and any additional courses booked for nominated people within your firm within the same year. Make your bookings before 31 March 2024 to take advantage this exclusive Season Ticket privilege.

Don't miss out on the chance to enhance your skills, expand your knowledge, and establish meaningful connections within the legal community, and be sure to book early to take advantage of the exclusive member discounts. ■

SLS Pricing

Members Offers

Webinars & Workshops (1 hour): including notes and a copy of the recording • Member Fee: Free of Charge • Non-Member Fee: £35+VAT

Double the Learning, Half the Price: Book one SLS Training course in 2024 and receive a second one at half the price. Ensure both courses are of the same type and secure your bookings before 31 March 2024 to unlock this exceptional offer.

Online Courses (2 hours): including notes and a copy of the recording • Member Fee: £60+VAT • Non-Member Fee: £120+VAT Courses (3 hours): including notes, refreshments and networking • Member Fee: £95+VAT • Non-Member Fee: £180+VAT

Firm Season Ticket – Full Year Discounts: Enhance your firm’s learning experience by booking four or more courses (online or in-person) and enjoy a 20% discount on those and any additional courses booked for nominated people within your firm within the same year. Make your bookings before 31 March 2024 to take advantage this exclusive Season Ticket privilege. ■

Social Events & Awards: Details of fees will be announced with the invitations for each event. ■ Please note that a 3% booking fee will be added to the cost of the ticket 12 | SURREYLAWYER

TRAINING & EVENTS

SLS Training & Events Programme 2024 FEBRUARY 2024 22.02.24 | 2.30 – 5.30pm | Course | Private Client, Family & Property THE BANK OF MUM AND DAD, JOINT OWNERSHIP AND BENEFICIAL INTERESTS IN PROPERTY Speaker: John Bunker, Irwin Mitchell & James Lister, Stevens & Bolton

25.04.24 | 12.30 – 1.30pm | Webinar | Property A GUIDE FOR CONVEYANCERS: NAVIGATING PROPERTIES LET ON AN AIRBNB BASIS IN THE UK Speaker: Ben Maltz, Five Paper

29.02.24 | 12.30 – 1.30pm | Webinar | Private Client CHARTING THE IHT COURSE: STRATEGIES FOR NAVIGATING UNCERTAINTY AND ADVISING CLIENTS IN THE YEAR AHEAD Speaker: TBC

01.05.24 | 12.00-2.00pm | Online Course | Management 5 KEY PRINCIPLES TO HIGHLY PROFITABLE DELEGATION FOR LAW FIRM OWNERS AND PARTNERS Speaker: Dan Warburton

MARCH 2024

JUNE 2024

07.03.24 | 1.30 – 5.30pm | Online Conference | Property CSG CONVEYANCING CONFERENCE: FUTURE FRONTIERS IN CONVEYANCING: UNVEILING TRENDS, TACKLING CHALLENGES, AND ELEVATING EXPERTISE IN 2024

19.06.24 | 12.30 – 1.30pm | Webinar | Family RECOGNISING COERCIVE CONTROL: UNDERSTANDING THE MECHANISMS OF ABUSE Speaker: TBC

14.03.24 | 12.30 – 1.30pm | Webinar | Family THE FAMILY PROCEDURE (AMENDMENT NO.2) RULES 2023 - A PRACTICE AND PROCEDURAL UPDATE INCLUDING DEVELOPMENTS IN ALL FORMS OF OUTOF-COURT DISPUTE RESOLUTION, CASE-MANAGEMENT AND CHANGES TO THE COSTS RULES Speaker: Karen Barham, Moore Barlow 21.03.24 | 12.30 – 1.30pm | Webinar | Private Client STREAMLINING PROBATE: MINIMISING DELAYS AND MAXIMISING EFFICIENCY DURING WAIT TIMES Speaker: TBC

APRIL 2024 18.04.24 | 2.00 – 5.00pm | Course | Private Client PRIVATE CLIENT UPDATE 2024 Speaker: Professor Lesley King

TBC APRIL | 6.00 – 10.30pm | Event | Social SURREY LAW SOCIETY CHARITY BALL 24.04.24 | 12.00 – 2.00pm | Online Course | Family FAMILY LAW UPDATE 2024 Speaker: Suzanne Kelly and Hannah McSorley, Guildford Chambers

MAY 2024

20.06.24 | 6.00 – 10.30pm | Event | Social PAST PRESIDENT’S CHAMPIONSHIP CUP Venue: Daytona Sandown, Esher 26.06.24 | 12.00 – 2.00pm | Online Course | Property RESIDENTIAL CONVEYANCING UPDATE 2024 Speaker: David Keighley, Davidkeighley Training 27.06.24 | 12.00 – 2.00pm | Online Course | Family PRIVATE CHILDREN LAW – EXPLORING SOME TRICKY ISSUES Speaker: Stuart Barlow, Bhatia Best Solicitors

JULY 2024 03.07.24 | 12.00 – 2.00pm | Online Course | Private Client MASTERING LONG-TERM CARE AND FUNDING CHALLENGES: HOW TO DELIVER THE BEST ADVICE IN PRIVATE CLIENT PRACTICE Speaker: Cate Searle, Martin Searle Solicitors

SEPTEMBER 2024 12.09.24 | 12.30 – 1.30pm | Webinar | Property UNDERSTANDING TENANT ALTERATIONS: LEGAL INSIGHTS AND RECENT CASE LAW FOR UK RESIDENTIAL CONVEYANCERS Speaker: Tristan Salter, Five Paper

For more information on all Surrey Law Society Training & Events, please visit: www.surreylawsociety.org.uk SURREYLAWYER | 13

TRAINING & EVENTS 25.09.24 | 1.30 – 5.30pm | Online Conference | Private Client CSG PRIVATE CLIENT CONFERENCE: PRIVATE CLIENT PERSPECTIVES 2024 - NAVIGATING LEGAL HORIZONS

OCTOBER 2024 03.10.24 | 6.30 – 11.30pm | Event | Social SLS LEGAL AWARDS 2024 Venue: G Live, Guildford 17.10.24 | 12.30 – 1.30pm | Webinar | Family NAVIGATING DIVORCE: CAPITAL GAINS TAX AND PENSIONS CONSIDERATIONS FOR FAMILY LAWYERS Hannah McSorley, Guildford Chambers

NOVEMBER 2024 06.11.24 | 12.00 – 2.00pm | Online Course | Property RESIDENTIAL SDLT FOR CONVEYANCERS – A COMPREHENSIVE UPDATE Speaker: Paul Clark, SDLT Trainer 13.11.24 | 12.00 – 1.30pm | Online Course | Private Client MAKE YOUR FILES BULLET PROOF FROM POSTDEATH CHALLENGES Speaker: Kate Selway KC, Radcliffe Chambers

21.11.24 | 6.30 – 11.30pm | Event | Social SLS ANNUAL QUIZ AND PIZZA NIGHT Venue: Rogues Bar, Guildford 27.11.24 | 6.00 – 8.00pm | Event | Social AGM AND SURREY LEGAL HORIZONS LECTURE Venue: TBC

CSG CONFERENCE

Future Frontiers in Conveyancing: Unveiling Trends, Tackling Challenges, and Elevating Expertise in 2024 7 March 2024, Online Conference

TIME

SESSION

1:30 pm

Registration and Networking Lounge

1:40 pm

Welcome & Introduction

1:45 pm

The Building Safety Act – A Year On This insightful presentation is tailored for conveyancers navigating the complexities of the Building Safety Act. As the BSA legislation takes center stage, this session aims to equip conveyancers with the knowledge and strategies needed to ensure compliance and streamline processes in the realm of residential property transactions

2:30 pm

Climate Change Reporting for Conveyancers: A Comprehensive Guide to Compliance and Client Communication Embark on a crucial exploration of climate change reporting tailored specifically for conveyancers. This session delves into the intricacies of compliance, risk assessment, and effective client communication surrounding this increasingly pivotal aspect of property transactions.

3:15 pm

Break

3:30 pm

Digital Conveyancing Revolution: Navigating the Future of Residential Transactions This enlightening session is dedicated to the transformative journey of digital conveyancing. As the industry undergoes a significant shift towards digitisation, this session is tailored for residential conveyancers seeking to stay ahead of the curve and harness the benefits of cutting-edge technologies, such as AI, digital ID and Land Registry processes.

4:15 pm

Navigating the Horizon: Anticipating Government Leasehold Reforms in Residential Conveyancing In this essential session, we will delve into the imminent government leasehold reforms set to reshape the landscape of residential conveyancing within the next year. Designed specifically for conveyancers, this session aims to equip professionals with the knowledge and foresight needed to anticipate, understand, and prepare for the forthcoming changes in leasehold transactions.

5:15 pm

Conference Conclusions & Feedback

14 | SURREYLAWYER

ADVERTISING FEATURE

Clio Unveils Its Most Expansive Product Update Yet

C

lio, the leading provider of cloud-based legal technology, unveiled a significant set of updates at the 2023 Clio Cloud Conference, focusing on centralisation, connectivity, and increased efficiency for legal professionals. These updates include streamlined payment processing, enhanced client interactions, mobile app improvements, and expanded matter management and client communication capabilities, all within Clio's trusted centralised platform, serving over 150,000 legal professionals globally.

"This year, we have focused on centralisation and connectivity throughout our platform, helping legal professionals to bring more of what they do into Clio," said Jack Newton, CEO and Founder of Clio. "By creating more efficient connections to clients and colleagues, Clio provides the essential tools they need to foster strong relationships, increase profitability, and run a healthy, thriving practice. Each update we've unveiled this year is rooted in the desire to move legal professionals up the value chain and make Clio work harder for them across one versatile platform."

Key updates tailored for UK firms include: Clio Grow: Introducing automated workflows for streamlined document and email creation and client intake.

Clio Manage: Offering enhancements such as visual matter stages and templates for simplified matter creation.

Email Integration: Seamless integration with Gmail and Outlook for sending emails within Clio Manage.

Mobile App: Significant improvements for case management, document uploads and billing, on the go.

Clio Payments: Revolutionising payment processing with multiple payment options, including Apple Pay, Google Pay, BACS bank transfer, and flexible instalment plans for clients and law firms.

To learn more about how Clio can help your law firm, check out clio.com/uk. ■ SURREYLAWYER | 15

ARTICLE

Council Member’s Report

BY SUSHILA ABRAHAM

O

n 11th October we welcomed our new President of the Law Society Nick Emmerson. The presidential plan for the year is to promote the value of the profession, improving the justice system, supporting members and upholding the rule of law.

As we approach the end of 2023, we reflect on the many challenges facing the profession, particularly the demand for affordable legal services, as well as adapting to and embracing new technologies, addressing diversity and inclusion, attracting and retaining talent, a balanced working environment, economic pressures, increasing cyber threats, the delays in our court system and much more. It has also been a challenge for many firms in building a positive culture of working remotely and retaining and attracting legal talent. We will see this increasing with AI technology in the legal sector. The Law Society has been working with a large number of organisations to provide the profession with AI tools and advice. A working group has been formed and we will have more guidance in the new year. We as a profession must stay resilient.

Sushila Abraham

I would like to take this opportunity of extending to all of you season’s greetings and a bright and fruitful 2024.

I would once again request that if you have not updated your details on MyLS then please do it and if you have not registered on MyLS then please do register in order to receive updates etc.

I am here if you have any issues that you wish to discuss with me and would like me to take to the Law Society. ■

Sushila Abraham

Law Society Council Member for Surrey

The collapse of Axiom Ince has hit the headlines, questioning the approach taken by the SRA. The fear is the levy on the profession to pay an increased amount in the compensation fund. The latest, as we now know, is that a NI firm has been appointed by the LSB to Review the SRA’s handling of Axiom Ince. Watch this space. Carrying on from here, a further question arises whether the SRA should regulate CILEX. It may be of interest for you to listen to the Justice Committee session on 5th December 2023, here is the link https://parliamentlive.tv/ event/index/e880bc08-8311-4627-b65a-674472b8c1cd On 12th December, the Law Society’s judicial review on criminal legal aid was heard in court and the court’s ruling will be in the new year.

The Diversity Access Scheme of the Law Society provides hope to those students who wish to pursue a career in law without which their aspirations would be lost. I would encourage firms to help support the scheme. If you need more information on how you can support the scheme please do contact me or the Law Society.

16 | SURREYLAWYER

President of the Law Society Nick Emmerson

ARTICLE

Money Mule Account Indicators A

key mechanism to cash-out the proceeds of crime (POC) is money mule activity. Money mule activity refers to a money laundering process in which POC are moved and transferred through personal and/or business bank accounts.

Mule accounts are defined as intermediary accounts used for money laundering, acting to create complex transaction chains in order to reduce detection by the financial services sector and law enforcement of an organised crime network (OCN) and/or individual offenders.

Mule accounts might be operated by a money mule, which is a person who transfers illegally acquired money on behalf of others, knowingly or unknowingly. Often, a mule account is controlled by a recruiter (sometimes known as a herder), potentially on a temporary basis, after the account holder has provided the recruiter with their account details, bank card, pin and/or passwords in exchange for a fee.

It is worth noting that OCNs and offenders are highly likely to use a combination of different methods to obtain as many mule accounts under their control as possible.

This list covers many of the common indicators that may suggest money mule activity in accounts, transactions and other financial activity. However, this list is not definitive and criminals will be dynamic in their deployment and development of new methods.

1. Significant branch or Post Office cash deposits without legitimate explanation.

2. Same day/closely-spaced cash deposits across multiple branches or regions.

3. Deposit cash values just below transaction thresholds.

4. Deposit cash values below round numbers.

5. Purchase of significant volumes of high-value luxury goods.

6. High concentration of Scottish and Northern Irish banknotes.

7. Test payments (also known as ‘coupling’) to make small payments to link accounts together to legitimise new payees and IP addresses.

8. Suspicious activity continues despite being contacted by financial firm.

9. Transactions to/from crypto-currency exchanges.

10. Transactions to/from payment service providers/electronic money institutions.

11. For cryptocurrency wallets, funds may re-emerge after they have been through a tumbler service.

12. Company accounts linked with a UK company newly registered with Companies House or purchased ‘off-the-shelf’ from a formation agent.

13. Company accounts used to co-mingle funds from multiple crime types alongside legitimate income.

14. Significant cash deposits or transfers from another account

in receipt of cash deposits, followed by a bulk shopping spree on luxury goods.

15. Use of a second personal account in order to keep activity from impacting on their primary account.

16. Thousands of pounds being spent at the same retailer or within short periods of time with repeat purchases of the same amount, indicating purchase of duplicate high-value luxury goods.

17. Fraud transactions from multiple source accounts sent into one account.

18. Types of document used to pass Know Your Customer (KYC) checks may include: • Fraudulently obtained genuine documents – documents issued authentically but applied for using false information.

• Counterfeit documents – a reproduction from scratch of an officially issued document.

• Forged documents – a genuine document altered in some way, such as with changed personal details (often a utility bill or bank statement).

• Pseudo documents – documents with the appearance of a legitimate document, but which are not officially recognised.

• Impersonation documents – person is a ‘look-alike’ presenting someone else’s genuine documents.

19. Account holder is a person who, for physical or health reasons, can reasonably not be expected to manage their finances.

If you identify activity that may be indicative of the activity detailed above, and your business falls under the regulated sector, you may wish to make a Suspicious Activity Report (SAR). If you decide to make a report in this way you should adopt the usual mechanism for doing so. It will also help our analysis if you would include the SAR Glossary Code XXJMLXX within the text if submitting on SAR online or including 0701-NECC in the alert reference number section of the new SAR portal.

To learn more about the NECC and UKFIU perspective on money mules, listen the money mules episode of the UKFIU podcast: https://spoti.fi/3tLm3BW Check out the latest SARs in Action magazine, focusing on how the SARs regime, Regulators and Law Enforcement have responded to the money mules threat: https://bit.ly/45RfXxo ■

The National Economic Crime Centre (NECC) UK Financial Intelligence Unit (UKFIU)

SURREYLAWYER | 17

REPORT

Joe Ferreira

Public Affairs Update:

The Law Society of England and Wales T

he Law Society’s public affairs and campaigns team is at the heart of our work influencing the government, parliament, and key stakeholders in the UK. We are pleased to provide the following update on the latest developments.

the ambitions of the Bill to reform the rental market, however, without investment in housing legal aid and the courts, the Bill will not achieve its aims and may lead to an increase in backlogs. This would leave landlords and tenants alike unable to enforce their legal rights.

The King’s Speech King Charles III officially opened a new session of Parliament with the delivery of the King’s Speech on 7 November 2023. The King set out the government’s legislative agenda for the final session before the next general election. The speech, drafted by the government, unveiled a total of 21 Bills, 6 of which were carried over from the previous session of Parliament.

Party Conferences The Law Society has a full programme at each major party conference. Our presence at the party conferences provides the opportunity to meet, engage, build new working relationships, and reinforce those longstanding relationships with politicians from each party.

Prior to the speech it had been speculated that crime and justice would play a leading role in the government’s planswhich proved correct. The King spoke about “safeguarding the health and security of the British people” and that the Government would legislate for tougher sentences and greater police power. Several Bills were announced in this area including the Criminal Justice Bill, which will cover a wide range of measures from compelling defendants to attend court hearings to strengthening criminal action against the sharing of intimate images; the Sentencing Bill, which will legislate tougher centres for those committing the most heinous of crimes and ensure those convicted remain in custody for the entire duration of their sentence; and the Investigatory Powers (Amendment) Bill which will look to amend powers in the previous Bill around things like end-to-end encryption.

The Law Society welcomes the return of the Victims and Prisoners Bill, especially measures to provide an Independent Advocate for victims following major incidents, and to enhance victims’ access to justice by putting the Victims’ Code on a statutory footing. However, proposed changes within this Bill to the Parole Board are likely to add complexity and delay to its decisions, while provisions to give the Secretary of State powers to usurp its decision-making will override the common law principle that decisions about liberty are for the judiciary.

Those Bills of relevance to the Law Society and our members that fall outside the realm of crime and justice include the Leasehold and Freehold Bill and the Renters (Reform) Bill. On the former, the Law Society broadly supports efforts to reform leasehold conditions and ensure fairness in the housing market.

Primary concerns surround the conditions under which a leasehold can occur, redress for leaseholders and transparency in listing. For the latter, again, the Law Society broadly supports 18 | SURREYLAWYER

At the Liberal Democrat Party conference our focus was on meeting MPs and prospective parliamentary candidates (PPCs) to hear their priorities for the upcoming manifesto and general election. We held a fringe event focused on ‘Law and liberalism: finding Britain’s place in the world’ where Richard Atkinson, our then deputy vice president, was joined by the Liberal Democrat Justice spokesperson Lord Marks KC and former MEP Irina Von Wiese. Interesting conversations were had with MPs and PPCs on the need for the justice sector to prioritise tasks around civil and criminal legal aid.

We then attended the Conservative Party’s conference, at which the centrepiece of our programme was our fringe event held in collaboration with the Society of Conservative Lawyers and the Bar Council which featured the Lord Chancellor, Alex Chalk, the Chair of the Justice Select Committee, Sir Bob Neill, and our immediate past president, Lubna Shuja. Lubna spoke out against the attacks on lawyers from ministers, including the prime minister himself, and said that all lawyers should be able to represent their client without undue pressure from the state. She also spoke about the need for sustainable legal aid, and how the problem of legal aid deserts is starker than ever.

Lastly, we attended the Labour conference and hosted a busy programme of stakeholder events and meetings with Labour shadow ministers and stakeholders. Our main fringe saw our then vice president, now president, Nick Emmerson speak at a packed panel event discussing Labour’s vision for justice alongside the Shadow Lord Chancellor, Shabana Mahmood and Shadow Attorney General, Emily Thornberry. Emmerson outlined the need for investment in civil and criminal legal aid while calling on the sector, politicians, and individuals to engage with our recent paper putting forward proposals to reform civil justice. We also organised a roundtable that brought together members with the Shadow

REPORT Economic Secretary to the Treasury, Tulip Siddiq MP. This focused on the vital role law firms play in the UK economy, how our leading role as a global legal centre can be maintained and what Labour’s vision for professional services looks like.

Autumn Statement The Autumn Statement was due on 22 November which is one of the final opportunities for the Chancellor of the Exchequer’s to set out the government’s fiscal plans prior to the next General Election. The Law Society submitted representations which have laid out the value and power of legal services and the need for the government to invest in the legal profession to unleash the power of legal services to boost the UK economy.

Legal Services are worth £60 billion annually to the UK economy, with a strong legal services sector underpinning a strong economy across the board. The package of reforms we are calling for are designed to build on the existing economic strengths of our profession while unleashing the latent productivity and economic potential of the sizeable SME segment of the legal services sector, all at minimal cost to the government. By implementing the changes and policies outlined in our submission, legal services, from the high street legal practice to the global law firm, can rapidly be unleashed to help drive innovation and widespread economic growth across all our communities.

Immigration – Illegal Migration Act In the summer the Illegal Migration Act received royal assent and is now law. Throughout its parliamentary journey, we have spoken out against the bill’s unworkability, and its incompatibility with our international obligations. Through our campaigning we managed to achieve the inclusion of legal aid provisions that ensure the provision of civil legal aid services for those in receipt of a removal notice. The bill originally made no mention of legal aid. Following our campaigning on legal aid, the Government will open a consultation into immigration legal aid fees.

On 15 November, the Supreme Court ruled the government’s policy to deport asylum seekers to Rwanda is unlawful, backing the Court of Appeal’s judgment. Prime Minister Rishi Sunak has said he will introduce emergency legislation on the Rwanda asylum plan. We shall be monitoring the situation as it develops and will, where needed, speak in support of our members in the immigration asylum sector should they face undue criticism for the work they do on behalf of their clients.

Criminal Legal Aid The Law Society applied for permission to bring a judicial review challenge against the government over criminal legal aid funding following their decision not to increase criminal defence solicitors’ legal aid rates by the recommended minimum 15%.

We believe the government’s decision not to implement the key recommendations of the Bellamy review is irrational, lacking reasons, and is in breach of the constitutional right of access to justice. The High Court has granted permission on all three grounds. Hearing dates have been set for mid-December 2023 and a judgement is likely to occur in the early New Year. It is our hope that the decision will be ruled unlawful and force the Ministry of Justice to revisit their decision and uplift fees in a more sustainable and appropriate manner.

We have continued to campaign on the sustainability of the criminal justice system, providing evidence on the decline of criminal duty solicitors and projections that show the widescale collapse of duty solicitor schemes across England and Wales is ever more likely.

21st Century Justice Project In March 2023, we kicked off a three-year project to look at the problems facing justice in England and Wales and explore practical changes to make sure the system works effectively, now and in the future. We’ve engaged with experts in the field, members of the public, small business representatives and consumer groups to think about what they want and need from our justice system. We have now developed fresh ideas for practical, affordable changes to our civil justice system that could save the system £72million over a five-year period.

On 9 October, we published the 21st Century Justice Project Green Paper, 'Proposals for a 21st Century Justice system' and are seeking wider feedback on the questions raised within the paper to assist us to refine our proposals in advance of producing a White Paper in Spring 2024. Responses to those questions of most relevance to you can be submitted to campaigns@ lawsociety.org.uk by Friday 5 January 2024. ■

Joe Ferreira

Head of Public Affairs and Campaigns, The Law Society

Want to feature in Surrey Lawyer?

To advertise in Surrey Lawyer, please call Catherine McCarthy our Business Features Editor on 0151 236 4141 or email catherine@benhampublishing.com.

SURREYLAWYER | 19

FEATURE

THE MASS ARRESTS OF CHINESE LAWYERS IN JULY 2015 Alastair Logan OBE

Alastair Logan OBE., LL.B

T

here are 10 million mediators in China and somewhere in the region of 200,000 “people’s mediation committees” and their members annually dispose of millions of disputes. Today's mainland Chinese faithfully follow the admonition of Mao TseTung that "disputes among the people" (as distinguished from those involving enemies of the people) ought to be resolved, whenever possible, by "democratic methods, methods of discussion, of criticism, of persuasion and education, not by . coercive, oppressive methods." 1 Most civil disputes between individuals are settled by extrajudicial mediation. Policemen, bureaucrats, members of the Communist Party and Communist Youth League, work supervisors, union activists and members of other semi-official local groups undoubtedly settle an even larger number.2 The "people's mediation committees," have been called "the first line of defence in legal work" in China.

At the last count in 2016 there were approximately 325,000 registered lawyers in China which has a population of 1.375 billion.3 From the 1980s onward, China gradually recovered from the cultural Revolution and in order to maintain social order the status of the law was gradually restored. That in turn brought about changing perceptions of the status of lawyers. In the Interim Regulation on Lawyers introduced in 1980 lawyers were defined as “the state’s legal workers” and regarded as the same as judges and procurators. They were regarded as members of state institutions with political power. The People’s Republic of China (PRC) introduced a Law on Lawyers in 1997 in which the lawyer was referred to as “a practitioner who provides legal services to society.”

In 2008 that description was changed in a new law on lawyers to “a practitioner who provides legal services to clients”. However, in practice Chinese lawyers have never obtained an independent status and the National lawyers Congress in October 2008 described lawyers as “legal workers for socialism with Chinese characteristics”. Lawyers were exhorted to endorse the Communist Party of China (CPC) leadership and support the socialist system.

They were also told to “keep on full alert and strictly prevent trouble and sabotage under the name of “rights protection””.

In 2012 the Ministry of Justice adopted measures requiring lawyers to take the following oath within three months of receiving their licence to practice: “I pledge to faithfully fulfil my solemn duty as a legal practitioner under socialism with Chinese characteristics, to be loyal to the mother country and its people, and to support the leadership of the Communist Party of China and the socialist system”. Although various CPC leaders have advocated the concept of the Rule of Law it has never been more than a fine slogan and cases of injustice and unfairness by the state and all protests against the state have been suppressed. Most lawyers were content with this situation although a small number were willing to insist on prosecuting cases to achieve justice and fairness especially where that State was a party. In spite of the risks to their personal safety and well-being they defended the rights of victims through administrative or judicial lawsuits and were called “rights defence lawyers”.

Rights defence lawyers first came to public prominence in 2003 when a university student from Hubei, Sun Zhigang, was falsely accused by the Public Security Bureau (PSB)4 of lacking identification permits, a residency permit and a source of income, and was forcibly taken into custody and beaten to death during the course of his detention. The event caused an uproar in civil society after being exposed by the traditional press and on the Internet,

20 | SURREYLAWYER

and the National People’s Congress was challenged to constitute an independent examination of the circumstances of the case.

This proposal was echoed by the press, legal professionals and the general public and it did eventually involve an amendment of the law. However, the fallout also involved dozens of individuals involved in promoting the case for the officer(s) concerned to be disciplined. The case represented to lawyers an example of challenging existing policies and carving out a route to rights protection. Other cases followed. The public became familiar with some well-known rights defence lawyers, with 14 being selected as Asian outstanding personalities.

The reaction of the authorities was in some cases to revoke the licences of some lawyers, some were arrested, charged and sentenced to imprisonment or to re-education through labour, but this only served to increase the number of lawyers willing to join the cause of rights protection. The state continued to attack well-known rights defence lawyers arresting them one by one until the lawyers gradually realised the limitations on their strength and their need to combine forces for mutual support and publicity. They began to use the new media on the Internet along with traditional press to share their ideas and gradually a kind of informal organisation and network grew. Leading rights defence lawyers appealed for more lawyers and citizens to actively take part in the rights protection movement, organising meetings seminars and other activities so that their ideas could be disseminated. They also used the Internet to contact and coordinate more than a hundred lawyers all over China to set up a volunteer legal team to provide legal advice and service to victims. Thus, for the first time, rights defence lawyers appeared in a large-scale “lawyer team”.

In 2011 the CPC instigated widespread searches and arrests of rights defence activists in various places all over China. Their attack on rights defence activists showed that they had become a threat to the state as a backbone for rule of law reform and because there was a core of rights defence lawyers’ networks across China exchanging ideas and experience. The types of cases that they took were those relating to freedom of speech, freedom of religion, political dissent, issues relating to Tibet and the Uighurs. Other sensitive issues included personal damages, land disputes, discrimination, food safety, and environmental protection.

Their activities extended beyond the protection of clients’ rights in specific cases to submitting demands to public authorities to try and achieve legislative reform. As part of this process they formed themselves into their own law firms in order to maintain their independence. They used the Internet to hold seminars, establish non-governmental organisations, inform scholars and academics and encourage them to promote policies and laws and they even took part in election activities as a means of diversifying their participation in the rights protection movement.

Inevitably part of their work was monitoring the government and the way in which the government acted and exposing unlawful acts by government officials. They would use lawsuits to apply for information disclosure and to impose pressure. They launched signature campaigns and promoted public proposals on major individual cases and special laws and policies in order to improve the protection of rights by legislation. All this was facilitated by the rapid economic development in China which occurred after 2000 and which produced more convenient transportation and communication options and greater facilities for disseminating information, policies and experience. Up until then the PRC had used its official media control to ensure that the public’s access to information was controlled but the Internet broke this information monopoly. This in turn allowed citizen movements to organise response to events, to attend at major cases, protests etc. so

FEATURE

that the view of citizens played a significant role in influencing the development of the rights-based movement and the outcome of cases. In addition to public opinion, pressure citizens have increasingly assisted in the finding of evidence and the reporting of cases and have become directly involved in some cases. The Internet provided a bridge between rights defence lawyers and civil society.

The attitude of the PRC can be seen in the 2014 case involving religious rights in Jiangsanjiang. The case involved religious rights protection and gained vocal support for the rights-based lawyers throughout China. Even the All China Lawyers Association indicated that it would support the lawyers prosecuting the case.

The state retaliated by arresting all of the lawyers connected with the case, but public protest ensured that they were released reinforcing the lawyers’ confidence in the importance of collective action. The rights based lawyers had, by informing the public and mobilising public support, increased the mobilisation capacity of the rights protection movement which was now perceived as a most significant threat by the CPC. The PRC government believed that the efforts of rights defence lawyers in challenging the inequalities and injustices of society, government policies and legislation either directly resisted the will of the CPC and the government or indirectly publicised their deficiencies. The participation of rights defence lawyers exposed a large number of criminal and corrupt acts by the government and persons in power which in turn delivered a blow to the government’s prestige. All this enhanced civil society’s recognition and approval of rights defence lawyers. The government objected most of all to the organisational ability and the ability to disseminate ideas to the wider public that the rights based lawyers had achieved. In consequence the government started to oppress rights defence lawyers attempting to impose pressure through intermediaries such as law firms and lawyers associations. The government then moved to directly prohibit lawyers from representing clients in sensitive cases, refusing to disclose or issue certain documents and use the annual inspection process to threaten lawyers who continued to represent in sensitive cases or disseminated relevant information.

Personnel from the PSB were sent to harass lawyers and their family members, to target well-known rights defence lawyers with arrest, detention or revocation of their licences and even to charge them with non-existent crimes as a warning to others. The People’s Daily in 2012 defamed rights defence lawyers as counter-revolutionary anti-China forces and accused the United States of using them to subvert China’s political power.

Xi Jinping took office in 2013 and following his ascent to power, large-scale oppression was imposed on civil society and on rights defence lawyers in particular. In spite of the increasing oppression most rights defence lawyers persevered with their belief and their work, and the threats did not prevent them from taking action.

Indeed the oppression produced more protesting voices and greater support for the lawyers.

The 709 incident (709).

In July 2015, Chinese police rounded up and interrogated about 300 rights lawyers, legal assistants, and activists across the country in a single co-ordinated attack. This repression of rule of law advocates is known as the “709” crackdown because of the date the attack was accomplished namely July 9, 2015. While most have been released, at least three are held while pending trial and another two are serving prison sentences. 709 was triggered by an incident which occurred on 2 May 2015. A Chinese citizen, Xu Chunhe, became involved in an altercation with police in the waiting room of a train station in Qing’an. He was unarmed and offered no violence to the police but was shot to death by a policeman called Li Lebin. The incident caused mass protests outside the train station where the shooting occurred, and information and photographs were disseminated via the Internet raising widespread concern throughout China. On 7 May 2015, 22 lawyers submitted a letter of complaint to the CPC’s Supreme People’s Procuratorate5 and the Ministry of Public Security publicly denouncing the killing of Li Lebin as an intentional homicide. On 14 May 2015 the government-controlled CCTV broadcast the alleged results of an investigation along with edited video footage insisting that the officer had behaved lawfully and acted in accordance with rules and regulations. The attempt to whitewash the incident met with strong public criticism. More than 20 Chinese citizens were arrested subsequently when they tried to carry out protests. Rights defence

lawyers published a joint letter co-signed by an unprecedented 660 lawyers entitled “Solemn statement on the large-scale and serious violation of lawyers’ rights and interests by the police of Qing’an”.

Continued public concern and protest throughout China secured the release of those lawyers who had been detained following the incident. Several local government officials and police officers involved in the case were suspended from duty or dismissed and prosecutions followed when a series of local corruption cases came to light as a consequence of the public concern about the case.

On July 9, 2015, Wang Yu became the first target in this campaign of mass arrests against human rights lawyers in China. Over the next two weeks, over 300 rights defence lawyers were arrested, interrogated, detained, and threatened. Many rights defence lawyers simply disappeared. After over a month in secret detention at a black jail6 in Beijing, Wang Yu was transferred to Tianjin for a continuation of her detention, then under so-called ‘residential surveillance at a designated place’7. For over a year she was not allowed to see her lawyer, family, or communicate with the outside world. Another 20 or so lawyers and activists, including Wang Yu’s husband Bao Longjun, were given similar treatment. During the secret detention and their time in black jails, they were severely tortured, including sleep deprivation, prolonged interrogation, forced-feeding with unidentified drugs, beatings, insults, being hand- and foot-cuffed, or having their family’s safety threatened.

Some were even placed in cages submerged in water, the so-called ‘water cage’ or ‘water dungeon’ torture.8 On 11 July 2015 the People’s Daily published an article entitled “Ministry of Public Security exposes the inside story of the “rights defence” incident.” In the article it was claimed that following a detailed investigation by the public security authorities across China and under the command of the Ministry of Public Security (MPS) serious crimes had been uncovered as a result of which the MPS had ordered public security units across China to take simultaneous action to destroy “a gang suspected of serious crimes” which the article claimed was using the Beijing law legal firm known as Fengrui as a platform to organise, plan and exaggerate more than 40 sensitive cases since July 2012 in order to seriously disturb social order. The article went on to claim that the investigations had uncovered a criminal gang that connected rights protection lawyers, lobbyists and petitioners into a tight organisation with a large number of members and a detailed division of labour using rights protection, justice and public interest as a cover for engaging in actions that seriously disrupted social order in order to achieve dishonest objectives.

On 12 July 2015 the official media publication of the Chinese government, the People’s Daily, published an article entitled “Exposing the inside story of the “rights defence incident”. The article accused rights defence lawyers, petitioners and online activists of manufacturing public interest in an organised manner and disturbing public order. Further publications by governmentcontrolled media stated there were manipulators behind a hotspot of sensitive incidents and that the participators in this criminal gang had made false statements, confused public opinion, misled the public, polluted the Internet and seriously disrupted social order in order to achieve their own ends. The government media outlets used the same line, namely that the government had by investigation discovered a criminal gang, and that the arrests were to destroy the gang and expose and prosecute the gang’s criminality.

In August 2016, Wang Yu and her husband were released on a probationary form of bail, whereupon they were forcibly taken to an apartment building in Ulanhot, Inner Mongolia. There they were reunited with their son, Bao Zhuoxuan, who had previously been forcibly removed from Beijing and placed in Ulanhot to continue his high-school education. In Ulanhot, their movements were closely monitored, they were followed wherever they went, and their apartment was fitted out with an extensive array of surveillance cameras. Wang Yu believed that the apartment itself was bugged too. Around a year later they were allowed to return to their own home in Beijing and, although they are apparently ‘free,’ every move they make is still subject to constant 24/7 surveillance by the authorities. Wang Yu has been unable to resume her profession as a lawyer.

On July 8, 2016, the American Bar Association announced that it had selected Wang Yu to receive its inaugural ABA International

SURREYLAWYER | 21

FEATURE

Human Rights Award, “in recognition of her dedication to human rights, justice and the rule of law in China.” This award angered the government. They were, of course, aware that 709 had been carried out illegally and extra-judicially and was a politically motivated, large-scale prosecution of human rights lawyers. They were also aware that increasingly the public were discovering details of the torture and inhumane treatment meted out to them.

Lastly, any international scrutiny was not welcomed by the Chinese government.

In an attempt to deflect criticism of the behaviour of the government in the days leading up to the award ceremony, the authorities forced Wang Yu to record at least two similar video statements castigating and rejecting the award. In one news clip, broadcast on CCTV, China’s state-run central TV, she says: “I haven’t really done anything in terms of human rights, so this sort of award is using me to besmirch the reputation of the Chinese government and besmirch the image of China. Thus, I insist on not approving, acknowledging, or accepting it. Nor will I have any other individual or organization accept the award on my behalf. If, despite my explicit rejection, they force the award upon me, this will be a violation of my human rights, and I strongly protest.” In another clip broadcast on Phoenix, a state-run TV station thinly-masked as commercial TV in Hong Kong, she sits outdoors with a grass lawn behind her. In front of her are a number of official journalists whose faces the audience couldn’t see. She says, her voice halting: “As far as I’m concerned, this award is using me as a tool to attack and denigrate the Chinese government. I’m a Chinese person; I only accept the leadership of the Chinese government. I don’t want this or similar awards, not now, nor in the future.” On the basis that Wang Yu was in detention and could not speak of her own free will, the ABA dismissed the ploy and went ahead giving the award in Wang Yu’s absence on August 6, 2016, during its annual convention in San Francisco.

Two weeks after the award, a government-controlled website in China published an article by a “former NGO worker” who claimed to have worked at ABA’s office in Beijing. It described one boss as being lazy and incompetent, and another as rude and lecherous.

It portrayed the ABA Beijing office as a place where Chinese employees were discriminated against and where “humanity and dignity…was worthless.” It insinuated, without clear factual statements, that ABA’s activities in China were political and ABA was a tool of the U.S. government being used to instigate revolution.

A joint statement by 101 Chinese human rights lawyers denouncing the disappearance of Wang Yu and her family members was published on 9 July 2015 and was the first response to 709. China’s domestic reaction was muted and controlled by the government.

The international community was more willing to speak out and in July 2015 the governments of seven Western countries (USA, Germany, European Union, Canada, United Kingdom, France and Australia as well as the United Nations) publicly denounced the government’s arrest of the rights defence lawyers and citizens.

International pressure focused on fundamental rights and legal procedures and pressed the Chinese government to implement the UN recommendations and to adhere to the UN Basic Principles on the Role of Lawyers. By the end of 2015 113 global civil society groups released a joint statement calling on the international community to focus continuous attention on those arrested in 709 and urging the Chinese government to respect proper procedures, observe its commitment to the rule of law and grant immediate release to the 38 illegally detained rights defence lawyers and citizens. The Beijing Fengrui law firm was awarded the 2015 Annual Human Rights Award by the Association of European lawyers.

During a meeting of the UN Human Rights Council on 10 March 2016 12 countries including the United Kingdom published a joint statement condemning China’s deteriorating human rights record in expressing particular concern regarding the 709 arrests.

Gradually the international concern about 709 decreased. Support from lawyers and civil society in China however increased. Groups of Chinese human rights lawyers mainly issued urgent appeals on special dates or took action during international events to attract the attention of the public, press and the international community to the continuing situation. Many Chinese civil society groups made statements about the 709 including groups representing disabled persons and other socially disadvantaged people. Members of these groups provided support to family members of those arrested

22 | SURREYLAWYER

and detained including visiting them, celebrating birthdays of the detainees etc. More than 300 Chinese lawyers and other citizens sent a letter on the 709 incident to the delegates attending the National People’s Congress and the Chinese People’s Political Consultative Conference sessions in 2016. Lawyers attended PSB locations demanding to know the whereabouts of their clients with the limited success that the PSB were driven to admit that certain lawyers had been detained. Their demands were met with a refusal to provide information on the specific locations of their clients or to allow them to meet with their clients.

There was widespread intimidation of the families of the detained lawyers which included interrogation, summonses, verbal warnings, monitoring, surveillance, the imposition of exit restrictions and even criminal detention. That intimidation spread to the lawyers and citizens who protested on behalf of the arrested lawyers.

After six months from 709 16 of the detained were formally arrested 10 of which were lawyers, 2 were legal assistants and 4 others. The crimes under which the arrests were approved were “subversion of state power”, “incitement to subvert state power”, “abetting the destruction of evidence” and “picking quarrels and provoking trouble”.

The UN Committee against Torture questioned the Chinese government in September 2015 over the 709 arrests. Chinese government replied using the same position as before namely that the MPS had broken up a major crime gang using the Beijing Fengrui law firm as its platform and in turn accused the CAT of politicising its deliberations and accusing the High Commissioner For Human Rights of making “groundless accusations”.

In November 2015 Amnesty International published a report entitled “No End in Sight – Torture and Forced Confessions in China”.

The Report examines the claim by the Chinese government that they had introduced a number of measures to curb the use of torture in the criminal justice system in particular to obtain forced “confessions”. China ratified the Convention against Torture in 1988 but it has failed to bring its domestic legislation in line with the obligations of that treaty. As a consequence, repeated concerns have been raised including the lack of a definition of torture in domestic law that accords with the convention definition, the failure to exclude evidence at trial obtained through torture or other ill-treatment and arbitrary detention. The power wielded by central government is so great that the perpetrators of torture are rarely if ever held to account and a climate of impunity reigns.

In November 2017, Wang Yu’s account of her first few months of detention, from July to September 2015, was published as part of a book entitled “The People’s Republic of the Disappeared: Stories From Inside China’s System for Enforced Disappearances”9 —an anthology written by all sorts of victims of China’s “black jail” system, including lawyers and dissidents. The account by Wang Yu tells harrowing stories of her torture and abuse.

In April 2018 the authorities in the northern Chinese city of Tianjin launched an "investigation" into associates of detained human rights lawyer Wang Quanzhang, nearly three years after his incommunicado detention in 709. Wang was initially detained amid a wave of police raids launched in July 2015 on suspicion of "incitement to subvert state power." Lawyers, friends and relatives have made more than 50 attempts to visit him in detention since then, and his wife Li Wenzu has been repeatedly harassed for speaking out on behalf of her husband. Li has herself been targeted for repeated harassment by police, who have forced her to leave her rented accommodations several times since his detention, by putting pressure on her landlords. Wang once worked for the now shattered Fengrui law firm.10 Li Wenzu embarked on a 100-kilometre march to highlight his plight and says she does not even know if her husband is still alive.

Wang Quanzhang, who defended political activists and victims of land seizures, has had no contact with the outside world since he disappeared in the 709 arrests in 2015. He has since been charged with “subversion of state power” but authorities have blocked lawyers from visiting him. His wife said: “Maybe something horrible happened to him in jail and that is why authorities don’t want anyone to find out. It’s been 1,000 days. I don’t know if he is alive or dead.” Li and a small group of supporters set off in April 2018 on a march from Beijing to the “No. 2 detention centre” in

FEATURE

the north-eastern city of Tianjin, where officials last said he was being held. For nearly three years, Li has made dozens of freedom of information requests to police – which have been sent back unanswered – and she has visited the complaints office of the Supreme People’s Court in Beijing weekly to no avail. Instead of answers, she has been put under constant police surveillance.11 Human Rights Watch produced a report in 2017 entitled “The Costs of International Advocacy.”12 In it HRW said: “As a UN member state and party to several international human rights treaties, China engages with the UN human rights system.

It is a member of the Human Rights Council (the “Council”), participates in reviews of its treaty compliance, allows some UN independent human rights experts to visit China, and joins in assessments of its human rights record and those of other countries as part of the Council’s Universal Periodic Review (UPR) process. Even as it engages with UN human rights institutions, however, China has worked consistently and often aggressively to silence criticism of its human rights record before UN bodies and has taken actions aimed at weakening some of the central mechanisms available in those institutions to advance rights.

Because of China’s growing international influence, the stakes of such interventions go beyond how China’s own human rights record is addressed at the UN and pose a longer-term challenge to the integrity of the Chinese state. Officials have harassed activists, primarily those from China, by photographing and filming them on UN premises in violation of UN rules and restricting their travel to Geneva. China has used its membership on the Economic and Social Council’s (ECOSOC) NGO Committee to block NGOs critical of China from being granted UN accreditation, and it has sought to blacklist accredited activists to bar their attendance. Behind the scenes, Chinese diplomats, in violation of UN rules, have contacted UN staff and experts on treaty bodies and special procedures (independent experts focusing on specific human rights issues), including behaviour that at times has amounted to harassment and intimidation.

1. Address by Mao Tse-tung, "On the Correct Handling of Contradictions Among the People," Feb. 27, 1957 2. Wang Yil-feng, My Experience as a Secretary of a YCL Branch, CHINA Youth, No. 22 (1963), English translation in US. MAINLAND MAGAZNES, 401, p. 26 (1964).

3. https://www.statista.com/statistics/224787/number-of-lawyers-in-china/ 4. a government office essentially acting as a police station or local or provincial police 5. The highest agency at the national level responsible for both prosecution and investigation in the People's Republic of China.

6. Black jails are a network of extralegal detention centres established by Chinese police and security forces and private security companies across the People's Republic of China in recent years. They are used mainly to detain citizens without trial. Black jails have no official or legal status, differentiating them from detention centres, the criminal arrest process, or formal sentencing to jail or prison and they have no judicial oversight.

7. This is a form of detention regularly used by authorities in the People's Republic of China against individuals accused of endangering state security. The detention occurs at a location that is typically not disclosed to the family, and can include guesthouses, hotels or disused official buildings. The measure has been used heavily since 2015 against human rights lawyers, Falun Gong practitioners and dozens of others accused of political offences, including foreigners. Well known victims have included artist Ai Weiwei, Nobel Peace Prizewinning poet Liu Xiaobo and Swedish bookseller Gui Minhai. Those under residential surveillance may be held for up to six months and may only speak with other parties with permission of the police; in effect this means that they may be denied legal counsel and family or other visits.

8. For a comprehensive list of the various forms of torture, inhuman and degrading treatment and abuse used see: http://www.ishr.org/countries/peoples-republic-of-china/methods-oftorture-in-the-peoples-republic-of-china/ 9. “The People's Republic of the Disappeared: Stories from inside China's system for enforced disappearances” by Michael Caster ISBN: 099937060X. Publisher: Safeguard Defenders; 1 edition (November 14, 2017) 10. https://www.rfa.org/english/news/china/colleagues-04302018113935. html?searchterm:utf8:ustring=chinese+human+rights+lawyers+news 11. https://www.theguardian.com/world/2018/apr/06/its-been-1000-days-wife-of-jailed-chineselawyer-on-march-for-answers 12. https://www.hrw.org/report/2017/09/05/costs-international-advocacy/chinas-interferenceunited-nations-human-rights

China has also repeatedly sought to block or weaken UN resolutions on civil society, human rights defenders, and peaceful protests, including when they do not directly concern policy and practice in China. And it has pushed back against efforts to strengthen some of the key mechanisms available at the UN to advance human rights, notably country-specific resolutions on grave situations like North Korea and Syria, and efforts to strengthen treaty body review.” ■

By Alastair Logan OBE., LL.B Council Member for the Surrey Constituency

Bibliography: “The July 9 (709) crackdown on human rights lawyers: legal advocacy in an authoritarian state”. By Hualing Fu published in the Journal of contemporary China. https://doi.org/10.1080/10670564.2018.1433491 “Court Mediation in China, Past and Present” by Philip C. C. Huang First Published July 1, 2006 “How Lawyer Wang Yu Was Made to Denounce the American Bar Association’s Human Rights Award in 2016.” MAY 9, 2018 published in China Change. https://chinachange.org/tag/709-incident/ “Report on the 709 Crackdown” published by China Human Rights Lawyers Concern Group. http://www.chrlawyers.hk/sites/default/files/ booklet-b-709report-english%2022.6%20final.pdf. This site no longer exists

SURREYLAWYER | 23

FOCUS ON EDI

Women in Law Pledge

The Authors • Samantha McLeish – Diversity and Inclusion Adviser at the Law Society of England and Wales;

• Chantal Davies - Professor of law, equality and diversity and director of Forum for Research into Equality and Diversity at University of Chester School of Law and Women Solicitors Network Committee member;

T

he Women in Law Pledge asks organisations to commit to seeing gender balance at all levels across the legal profession, tackling the gender pay gap and other inequalities that still affect women in law today.

Since the Pledge was launched in 2019 in partnership with the Bar Council of England and Wales and Chartered Institute of Legal Executives (CILEx), there have been positive signs of progress. Workplaces have started analysing their pay gap data in greater detail and publishing further data on partner pay.

Steps have also been taken to ensure the gender diversity of newly appointed partners through recruitment/promotion targets and creating action plans to address inequality.

However, we must continue to work collectively to enact positive change for gender equality in the profession.

Women make up 53% of the practising profession and women partners increased by 1.9% reaching 9,101 in 2022, continuing the steady growth over the past few years. Despite this, women continue to experience barriers when attempting to reach senior levels.

Unfair allocation of work, unfavourable promotion structures, unacceptable work-life balance, and the lack of visible senior women role models are just some of the areas that need addressing if we want to see women in law thrive.

24 | SURREYLAWYER

• Liz Turner - Head of legal at Sophian Limited and Women Solicitors Network Committee member

The Women in Law Pledge – what is it and why do we need it?

The Pledge, now in its fourth year, currently has 51 signatories committing to gender equality and inclusion through the setting of high-level targets for gender equality, either within organisations, or as champions for change.

The eight commitments ask the profession to support to the progression of women into senior roles by developing a clear action plan to achieve equality at these levels and to tackle workplace culture and bias that potentially results in differential outcomes for different groups of women at all levels.

These do not have to be policies or practices currently in place but should include those that signatories wish to implement.

Current signatories report that the Pledge has assisted with securing senior leadership support and acted as a catalyst for change for gender equality and increasing gender representation at the senior levels.

Signatories benefit from a wide support network in which they can collaborate and share best practice to progress their gender equality plans. We hold two virtual thematic roundtables per year which focus on key issues facing women in the profession and different aspects of the Pledge.

We will release our first annual Pledge report in 2024 which will highlight the progress made within the profession. ■

FOCUS ON EDI

Moore Barlow Senior Partner launches U-triumph podcast to educate and inspire

1

9 December marked the release of the U-triumph podcast, created and hosted by Moore Barlow Senior Partner Trevor Sterling.

Trevor made history in 2021 when he became the first Black Senior Partner of a top-100 law firm and has curated the podcast to share success stories of those from both in and outside of the legal sector to encourage people, especially those from diverse backgrounds, not just to aspire to climb the ladder but to become the ladder.

The first guest to appear is Shaun Wallace, a Barrister and lecturer famous for his role as “The Dark Destroyer” on the TV quiz show The Chase, and the first black person to win Mastermind. He discusses his journey to fame, including his career as a barrister and the challenges he faced and overcame on the path to success.

The second podcast is with leading trauma surgeon Martin Griffiths CBE, based at the Royal London Hospital, who became the country’s first NHS National Director for Violence Reduction, played a lead role during the pandemic and recently appeared on Bill Bailey’s Extraordinary Portraits, where Nick Elphic created four sculptures of him.

The podcast will be available on Spotify.

U-triumph podcasts feature interviews with:

Trevor Sterling Amandeep Khasriya who shares the significant challenges and stereotypes she has faced throughout her career to gain her Partner status achieved at Moore Barlow, where she proudly chairs the Diversity and Inclusion Committee.

Phil Gill, Managing Director and Founder of PLG Consultants, Disability Property Specialists, established a multi-millionpound business supporting individuals with disabilities with their accommodation needs.

The actor Fraser James, who has appeared in movies including with Arnold Schwarzenegger and Idris Elba and founded Underexposed Exhibition Arts, a cultural organisation dedicated to promoting positive representation of those from diverse backgrounds.

Trevor Sterling says: “Anyone who knows me will have heard me say, ‘don’t just aspire to climb the ladder. Be the ladder.’ It’s even featured on a poster installed by Amazon outside its head offices in Shoreditch as part of a project that represents people who may struggle to break through. It tells them they can “breakthrough” with fair opportunity and endeavour. And that’s what I want this podcast to do. I want it to inspire people, to show them that there’s always a way.”

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REPORT

Surrey Junior Lawyers Division W

ith the term in full swing, Surrey JLD takes a look back at what the new committee has been up to since the last edition and what it has coming up.

In December, we hosted our annual charity Christmas Quiz very kindly sponsored by Guildford Chambers (a huge thanks to Simon Morris, as ever, for organising this for us) and in aid of the halow project, our chosen charity of the year. We had a brilliant evening not only raising money for the charity and raising awareness of it with our members but also getting together for our first in-person networking event of the term. We look forward to more of those to come in 2024.

We also joined forces once again with The University of Law in December for the annual ULaw x SJLD Career Coaching programme, whereby ULaw students are matched with a member of the SJLD committee to engage in a one off oneto-one mentoring session to discuss pursuing a career in the legal industry. SJLD thoroughly enjoy being involved in this programme and are glad to say that although the programme itself only involves a one-off session, our committee members are always on hand for ongoing support to anyone who needs 26 | SURREYLAWYER

it. Thank you to Lavanya Hart, one of our Diversity & Inclusion Representatives, for collaborating with ULaw in organising and facilitating the running of this programme.

In terms of our offering on the horizon as we move into 2024, on Tuesday 23rd January we look forward to restarting our virtual Cocoa with the Committee sessions, starting with ‘Let’s Talk: Practice Areas’ chaired by myself and kindly supported by a fantastic panel of lawyers in Surrey specialising in different practice areas, who will be discussing what drew them to their respective areas, what their day to day looks like and any advice they would give to someone considering their area, whether that be an aspiring lawyer, a trainee approaching qualification or a junior lawyer looking to jump into a different specialism. We also have a further Cocoa with the Committee session being hosted by our Wellness Representatives, Daniella Mcleod and Alexandra Pruvost, coming up shortly too.

Our most exciting update and upcoming event since the last Surrey Lawyer edition is that we have now released our tickets for the Surrey JLD annual Gala taking place on Friday 8th March 2024 from 19:00 once again at the Harbour Hotel in Guildford!

After the success of our first annual Gala in February 2023, we are so excited to be hosting our second and hope it to be even

REPORT

bigger and better than the last! The night provides a chance for junior lawyers in Surrey to get together and enjoy an evening of canapés, dinner, drinks and dancing, as well as a chance to catch up with old colleagues, existing colleagues and new faces.

This special evening holds even more significance as we dedicate it to supporting the halow project, a remarkable charity itself committed to nurturing people in Surrey with learning disabilities and autism to fulfil their potentials through exceptional person-centred care. We are excited to be supporting the charity on this evening through a percentage of our ticket sales, as well as a raffle and other interactive activities on the night.

If you have not already purchased your ticket, then please head over to our socials or our Eventbrite page to book your ticket on the Eventbrite website. We would love to see as many people there as possible! Don’t miss this extraordinary night of elegance, entertainment and junior lawyer community spirit.

We are so excited for the months ahead and what we have coming up and, as ever, are looking forward to supporting our SJLD members. If you are not already a member and are a junior lawyer working in Surrey, may I please take this opportunity to remind you that you can sign up to be a member (for free!) by visiting our website at https://surreyjld.org.uk/joinus, whereby you will be added to our mailing list to keep up to date on our latest events and support programmes. If there is anything you feel you would like specific support with and feel SJLD could offer something on this, then please do feel free to get in touch with us at surreyjuniorlawyers@gmail.com and we would be more than happy to hear your thoughts and help.

Lastly, on behalf of everyone at Surrey JLD, I wish you all a very Merry Christmas and a Happy New Year! Here’s to 2024!■

SURREYLAWYER | 27

ADVERTISEMENT FEATURE

6 key reasons why SME law firms should develop a sustainability strategy for 2024

A

s environmental, social and governance (ESG) issues become a priority for businesses the world over, sustainability and ESG planning are important considerations for SME law firms. According to the Sustainability Accounting Standards Board (SASB) who identify key areas of ESG risk by market and discipline, there are a number of concerns that SME law firms should be considering including environmental ones over power and resource usage, carbon emissions, issues around data security, diversity, equity and inclusion, employee recruitment and engagement, business ethics, professional integrity and governance.

Though these concerns may sound like they apply more to big business and large corporate law firms, more than 90% of global companies are SMEs, and are responsible for 60–70% of global emissions. In the UK, almost 50% of law firms are small firms and a further 30% are medium-sized firms.

As we look forward, here are six reasons why SME law firms should develop an ESG strategy.

1. To keep ahead of upcoming ESG and sustainability legislation Although smaller businesses and smaller law firms are not yet specifically bound by ESG legislation, the landscape is changing quickly with the introduction of the new ESRS which will impact SME law firms and other businesses working for larger Europe based companies. All these businesses will be asked to submit detailed data on environmental and social performance. The UK mandatory climate disclosure, TCFD, is now transposed into UK law. SME law firms and other businesses supplying large UK firms will be required to supply detailed climate risk data.

2. To help recruitment and attract top talent 2022’s Global Student Survey by education company Chegg found that 39% of UK students see climate change as one of the top issues for their generation, and Gen Z employees attending job interviews are now regularly starting to ask about green credentials.

Deloitte’s 2022 Gen Z and Millennial Survey similarly found that climate change and protecting the environment is the number one concern of Generation Z, and the number three concern for millennials. These generations in particular value employers that prioritise ESG because it demonstrates that the company is committed to making a positive impact on society and the environment. By 2025, millennials will make up around 75% of the total workforce. Law firms focusing on their ESG initiatives will be seen as more innovative and forward thinking and attract and retain the best talent.

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that prioritise ESG as more socially and environmentally conscious, and want to instruct and work with law firms that share their values.

This alignment can foster trust between the client and the law firm and improve overall client experience.

4. To increase business profits Successful sustainability planning by SME law firms requires reducing the duplication of work, the resources used and the energy used when running a practice. This not only contributes to cutting costs but supports increased productivity and profit. The right thing for people and planet can also be the right thing for business profit. The financial and environmental effects of digitalising paper documents in the legal sector – a study funded by the European Commission Low Carbon initiative and the Liverpool City Region – found that medium-sized law firms could save around £400,000 every year and reduce carbon emissions.

5. To create future opportunities As we go forward and the upcoming ESG legislation starts to greatly affect sole traders and small businesses, commercial clients will be looking to their lawyers to support with the governance aspects of ESG and sustainability planning. There is an opportunity for SME lawyers to introduce extra ESG expertise to their suite of services and provide extra services to their business clients to support ESG planning.

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■ P rovide practical support by helping people understand their options and entitlements through free, impartial and confidential advice on all issues such as housing, care and money.

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■ G ive people the gift of friendship and companionship by connecting and introducing them to others through our wellbeing service.

■ H elp people remain healthy and connected and learn new skills through social activities, walks and tea and chat groups.

■ E nable people to remain independent at home by offering practical Help at Home support such as cleaning and shopping.

Age UK Surrey is a local independent charity. Monies gifted to us remain in Surrey which means that a gift will benefit a Surrey resident. Please refer to our charity as ‘Age UK Surrey’.

Registered charity number: 1036450. Thank you. ■ SURREYLAWYER | 29

ADVERTISEMENT FEATURE

Negotiating Technology Contracts 2nd Edition

A Practitioner’s Guide To Inheritance Act Claims 4th Edition

By Kit Burden, Mark O’Connor and Duncan Pithouse

By Nasreen Pearce

TOP PROFESSIONAL ADVICE ON THE SUBTLE AND PROFITABLE ART OF COPING WITH TECHNOLOGY CONTRACTS -- NOW IN A SECOND EDITION An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

A

s technological change looms ever larger, faster, and increasingly complex, this book -- now in a new edition -- becomes all the more essential for practitioners tasked with the ups and downs and ins and outs of negotiating technology contracts. To say that they’re difficult to negotiate is something of an understatement.

All the better then, that the three authors of this well-established legal text -- all from DLA Piper -- have now collaborated in producing its new second edition from Globe Law and Business. Their stated aim is to ‘help you navigate safely and successfully through the negotiation maze.’ And a fair bit of a maze it is too, considering the ubiquity and complexity of the subject matter.

A TAX WE SHOULD ABOLISH? WELL -- NOT YET. MEANTIME, PRACTITIONERS IN THIS AREA SHOULD READ THE NEW EDITION OF THIS GUIDE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator

L

awyers dealing with inheritance tax issues (and they are out there aplenty) would be wise to acquire this long established and eminently useful title -- now in a new and extensively updated. fourth edition from Wildy, Simmonds, and Hill.

The author -- Her Honour, Nasreen Peace -- is a retired judge, well known to the Bar and Wildy, and particularly expert in this challenging, controversial area of law. The guide therefore offers practitioners a detailed and authoritative guide to the provisions of the Inheritance (Provisions for Family and Dependence) Act 1975, with reference to subsequent and recent legislation which is discussed and analysed in detail.

The overall aim is to help negotiators gain a full appreciation of the nature of the underlying deal and the true commercial needs of the contracting parties involved. Compliance with the relevant laws and regulations is of course a key issue, particularly the ramifications of changes to the law and also the key question of which jurisdictions are being referred to.

The Act itself, as the author points out ‘has been amended over the years to meet the needs of an ever-changing global society,’ notably the now varied forms of family and the extension of the non-traditional family -- a prime example of this being same sex relationships. Usefully, the book provides a step-by-step guide to the preparation of cases under the Act and the practice and procedure required to process an application through the courts.

Across its twenty-four chapters, the book delivers considered and informed advice on a wealth of other key issues, including such relatively recent developments as cloud-based services and the impact of artificial intelligence (AI) on contract provisions. The book is reassuringly practical in that it tells you what you need to know and what you need to do, as you approach that formidable negotiating table. Chapter topics range from due diligence to service provision, to warranties and of course much more.

The book deals with every conceivable aspect of this complicated area of law which, to the advantage of the practitioner, delivers informed comment, as well as fascinating reading, supported throughout by a wealth of references to cases. Also contained in this updated edition are detailed discussions of a range of issues that have relatively recently emerged: crypto-currencies and crypto-assets, for example and the increasing importance of -- and often the necessity for -- negotiation and mediation.

Helpfully, there is useful commentary on such issues as, for example, intellectual property and cloud services, plus comment on the different types of technology contracts and the various approaches you are likely to encounter in Europe, the UK and the US. The advantage here is that the various types of technology contracts are carefully examined -- and also note the final chapter on handling -- or coping with -- the dreaded eventualities of managing contract disputes.

With its detailed index and table of contents -- and of course, numbered paragraphs throughout -- the book is easily navigable as are all Wildy guides. Note the tables of statutory instruments, guides, codes of practice and international materials. All but one of its thirteen chapters feature an introduction and the chapters themselves cover every relevant aspect of this minutely detailed legal landscape which, more often than not, demands an erudite, precise, and yet sensitive approach to sensitive and often complicated issues, such as -- for example -domicile, time limits, eligibility, grounds for making a claim and so forth.

Note too, the three appendices which include legislation, precedents, and practice guidance. ■

As technology progresses ever faster and further into an era in which AI, for example, will increasingly dominate, this book provides the beleaguered negotiator with essential and much needed advice and guidance. No one involved in the complexities of this fraught and fast-moving area of law should be without it. ■ 30 | SURREYLAWYER

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