Derby 74 Online Edition

D&DLS Bulletin Derby & District Law Society www.derbylaw.net

April 2018

Winners of our first Derby City Schools Debate Competition City of Derby Academy Full report on page 10 Also in this issue:

Banner Jones & John Eastwood Hospice • Legal Skills Triathlon Gold Patrons of the Society

D&DLS Bulletin Derby & District Law Society

April 2018

Contents 3 - Contents & Editorial

12 - Recruitment

22 - But for the accident...

4 - List of Officers

13 - Council Member’s Report

25 - Legal Tech and your Law Firm

5 - President’s Page

14 -Banner Jones & John Eastwood Hospice

26 - Outsourcing and Medical Records

6 - Skills Triathlon 2018

15 - CPD Courses 2018

28 - Dormant Accounts and Good Causes

8 - University of Derby

17 - Derby Junior Lawyers

29 - Overhaul of Wills ‘Critical’

10 - Schools Debate Competition

18 - Characteristics of Successful Law Firms

30 - Achieving Growth through Efficiencies

Editorial Since the last Editorial I have become even more obsessed with the weather. British people are never short of a topic for conversation as long as there is weather but seriously the only time it seems to have stopped raining since Christmas is the odd time it has snowed!!

It has made me realise how much my life depends on being outside - whether it be for dog walking (still have to do this one – thanks goodness for the sensible yet stylish long dog walking coat), golf or rugby. I hate the uncertainty of not knowing whether the pitches will be flooded or whether the Trent will have burst its banks not to mention the frustration of hours of planning rugby events only to spend more hours cancelling them twice due to snow.

When I am older and retired I shall be wearing purple (anyone?) and living somewhere with less rain. So, I have mostly been consoling myself with the fact that DDLS has been very busy as can be

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seen by the amount of content in the Bulletin.

The Derby City Schools Debate Competition was won by City of Derby Academy. The last debate was judged by the Mayor of Derby, Cllr John Whitby together with our own Simon Stevens and Sue Jennings. The debate was enjoyed by local business people, other members of local government, teachers and parents. Thanks once again to everyone for their support. I hope that you think that projects like this are worthwhile for your local law society to be involved in / organising. We are looking to run the event again next school year so any feedback / ideas / input would be gratefully received.

Equally successful was the Skills Traithlon, again well supported by our members and organised by the University of Derby the write up is on page 6/7. Well done to the winners some of whom are some of our DJL members.

DJL continue to build on their relationship with local recruitment firm Bygott Biggs and hosted a successful careers talk – see page 17 for a full report. The date for the Derby Legal Walk has

been bought forward this year to 11th June – see page 14 for details of how to register your team to support this charity event.

Tickets for the Annual Dinner at Pride Park on Friday 27th April 2018 are selling well. We already have 170 guests attending. You will have received several e-mails from me with invites attached. If you have any questions or have not secured your place yet please e-mail me now. Places have to be paid for and meals chosen no later than 20th April.

Lastly, this Bulletin is sent round to most members in hard copy. It is also available to read online via the Derbylaw.net web site. If you would also like to receive the Bulletin as a blog please let me know and I will send your email to the publishers, East Park Communications, who do a great job with the Bulletin every eight weeks and we need to help them help us move forward.

Thank you.

Julia Saunders admin@derbylaw.net 01283 734989

Advertising Simon Castell

Accounts Tony Kay

Legal Notice © East Park Communications Ltd.

Managing Editor Julia Saunders

Published April 2018

Design David Coffey

© East Park Communications Ltd.

None of the editorial or photographs may be reproduced without prior written permission from the publishers.

East Park Communications Ltd 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 East Park Communications Ltd. Correct at time of going to press.

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Officers and Committee Members for 2017-18 Officers

President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Vice-President* Ben Lawson Geldards LLP, Derby Tel: 01332 331631 Deputy Vice-President* Martin Salt Simpsons Solicitors Tel: 01332 424511 martin.salt@rightprobate.com Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Martin Salt Simpsons Solicitors Tel: 01332 424511 martin.salt@rightprobate.com Immediate Past President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 andy.cash@ cartwrightking.co.uk

(* = Ex-Officio) Parliamentary Liaison Officer Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk

Other Committee Members Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk

Administrator / Bulletin Editor Julia Saunders, 14 Risborrow Close, Etwall, Derby DE65 6HY Tel: 01283 734989 Mobile: 07964 358042 Email: admin@derbylaw.net.

David Hardy Tel: 01332 842008 david.hardy1630@gmail.com

Sub-Committees (Secretary in italics)

Elizabeth Haysom Derwent Law 01332 780718 elizabeth@derwentlaw.co.uk Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Claire Rudkin Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk Manesha Ruparel Alexander & Co mr@aandco.co.uk Tel: (01332) 600005 Stephen Woolley Stephen.woolley5@gmail.com

Public Relations Officer (+)

Vacant Derby Junior Lawyers Ellis Pugh Geldards LLP 01332 331361 ellis.pugh@geldards.com Natalie Yeung Geldards LLP 01332 331631 natalie.yeung@geldards.com Constituency Council Representative, Derbyshire (+) Michael Williams Tel: 01298 24185 mwilliams@bemerton.co.uk

(+) attend Committee by invitation

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Solicitors’ Benevolent Assoc. area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753

www.derbylaw.net

Criminal Litigation Simon Stevens Andy Cash Quentin Robbins Andrew Oldroyd (01332 225225) Nick Wright (01332 364751) Education & Training Sue Jennings, & all Sub-Committee Secretaries Employment and Business Law Sue Jennings Family Law Fiona Apthorpe Diana Copestake Ben Lawson Manesha Ruparel (01332) 600005 Julie Skill Melanie Bridgen (01283 2264440 Claire Dean (01335 345454) Liz Doherty-Astle (01332 592523) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293) Janine Hobday (01332340221) Ruth Jones (01332346084) Gareth Protheroe (01332 340211) Natalie Yeung (01332 331631)

Private Client Claire Rudkin Martin Salt Nikki Spencer (0115) 932 4101 Christine Hinkley (01332) 836666 Kim Kirk (01332) 600005 Tim Dysterre-Clark (01332) 600005 Kirsten Wood (01332) 340211 Rachael Francis (01332) 340211 Julie Cook (01332) 340211 Dervla McLaughlin (0115) 932 4101 Property Law Vacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale (01283 561531), Natalia Delgado (01246 231288), Sally Gill (01246 231288), Stephen Gordon (01246 270112), Michael Taylor (01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).

Sole Practitioners’ Group (SPG) Tina Attenborough

(Last updated 18th August 2017)

President’s Page After two cancelled weekends due to snow and ice it is now lovely to see the daffodils blooming, the indoor swimming pool in my cellar receding and the horse beginning to enjoy a drier paddock and not having to wade through mud up to her knees. The small grass shoots begin to grow but it makes us wonder whether if it will ever fully carpet the ground again. Showing season begins again this weekend however I am not sure if I’ll find the time to get her into condition in time. This year my hope is to compete in some dressage tests together with in hand showing, but realistically as long as I stay on board and injury free I will be delighted.

dates so both Emily and I are looking forward to a weekend in London.

We can spend some time together without the constant demands on our attention from our foster son.

Finally, I attended the Nottinghamshire Law Society’s annual dinner and presentations last week. This was a very well attended event that had sold out. I was pleased to be informed from Julia that the tickets are selling well for our annual dinner and I am looking forward to seeing you all there on 27th April.

Simon Stevens, President, 2017-18

This week our Barrister friends have started to rally together to protest against the very latest cuts to the Advocates Graduated Fee Scheme. This scheme, though presented by the Government as cost neutral, will see further cuts to the Junior Bars payments. There seems to be quite an appetite for Chambers not to take on any publicly funded work from 1st April 2018 and not to take on any returned briefs. We await notification from the Criminal Bar Association this week to see how far this will actually spread throughout the Country. In speaking with my colleagues, we all identified how supportive the Bar were to criminal justice practitioners when we were fighting against the two-tier Duty Solicitor Contracts not so long ago and early indications show there will be future support for the Bar. On our side of the fence we have already had our fees capped to a limit of 6000 pages which we will be paid for in considering evidence. This means that in such cases such as conspiracy to supply drugs and human trafficking case which are voluminous in evidence the fees have been capped. This already goes alongside the payment we receive for trawling through un-material which can run into many thousands of pages (if in fact it is actually disclosed!).

Last month saw the final of the Derby City Schools Debate Competition.

The standard of presentations were amazing. Well thought out arguments were placed before us which were well structured and detailed. Students were well polished and rehearsed. It was very difficult to choose a winner in a fiercely contested battle though the City of Derby Academy beat West Park School by a very small margin.

This was followed by the Derby University Skills Triathlon where I judged the advocacy presentations together with V Munroe and Ken Lawson. It is the third year now that I have judged this competition. Again, the standard of presentations given by the students and trainee Solicitors was excellent.

It was quite refreshing to be presented with arguments in response to an application for introduction of bad character evidence which although based on a completely incorrect statute still left the arguments being persuasive and interesting!

I am due to attend the annual Presidents and Secretaries Conference in Chancery Lane in May this year where I will be giving a presentation on how our Law Society has formed and maintained extremely strong ties with Derby University which has mutually benefited both of us.

Unfortunately I had to miss out of this last year due to a mix up over

D&DLS Bulletin Derby & District Law Society

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www.derbyanddistrictlawsocietybulletin.com An EPC Production

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Annual Legal Skills Triathlon 2018 Best Overall Team

Triathlon Participants Team 1 - Lewis Adamson, Geldards & Brad France, 3rd Year LL.B student Team 2 - Ryan Houghton, Elliot Mather & Alexander Wood, 2nd Year LL.B student Team 3 - William Kirk, Geldards & Iulian Bogdan, 3rd Year LL.B Student

Best Individual in Advocacy Katie Hempstock, Crown Court Clerk/ Accredited Police Station Representative, Elliot Mather LLP Best Individual in Interviewing Daniel Greatorex, Trainee Solicitor, Geldards Best Individual in Negotiation Hannah Read, Paralegal, Smith Partnership Prizes

Team 4 - Emily Rose, Nelsons & Aneeqa Dar, 3rd Year LL.B Student

Team 7 Every year Derby Law School work in partnership with Derby and District Law Society to hosting the Annual Legal Skills Triathlon.

The Triathlon sees 8 trainee/newly qualified solicitors from local firms partnered up with a LL.B student of Derby Law School.

Team 5 - Emma Winfield, Nelsons & Lorraine Obomanu, 3rd Year LL.B Student

Best Overall Team - £350 2nd Best Overall Team - £250 3rd Best Overall Team - £200 Best Individual - £150

Team 6 - Hannah Read, Smith Partnership & Remus Mihailescu, 3rd Year LL.B Student

2nd Best Overall Team

Team 7 - Daniel Greatorex, Geldards & Emily Slater, 3rd Year LL.B Student Team 8 - Katie Hempstock, Elliot Mather & Gianluca Baldissone, 3rd Year LL.B Student Competition Judges

The standard is always very high and the teams work together to compete in an advocacy assessment (held in the mock courtroom at the Law School), an interview of a client and a negotiation.

Best Individual in Interviewing

Advocacy – Simon Stevens, Eddowes Waldron & Vee Monro, Derby Law School and Deputy District Judge & Ben Lawson, Geldards Interview – Manesha Ruparel, Alexander & Co, & Martin Salt, Right Legal Group & Virna Simoncelli-Allan & Nikola Dzierzak, 1st Year LL.B Student who played the client Negotiation – Sue Jennings, Derby Law School & Di Copestake, Freeths & Joel Klaff, Derby Law School

Team 5 3rd Best Overall Team

Triathlon Winners Daniel Greatorex, Geldards This year the event was held on Wednesday 21st March at Derby Law School’s building, One Friar Gate Square. The day started at 8am for the competitors and concluded at 6pm.

Awards were kindly presented by President of Derby and District Law Society, Simon Stevens, with the awards ceremony being opened with a few words from Sue Jennings, Head of Derby Law School, who praised the high standard of all participants and the hard work that had been put in throughout the day.

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Best Overall Team – Team 7 Daniel Greatorex, Trainee Solicitor, Geldards Emily Slater, 3rd Year LL.B student 2nd Best Overall Team – Team 5 Emma Winfield, Trainee Solicitor, Nelsons Lorraine Obomanu, 3rd Year LL.B student 3rd Best Overall Team – Team 8 Katie Hempstock, Crown Court Clerk/ Accredited Police Station Representative, Elliot Mather LLP Gianluca Baldissone, 3rd Year LL.B student

Team 8

Best Individual in Negotiation

Best Individual in Advocacy

Hannah Read, Smith Partnership

Katie Hempstock, Elliot Mather

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Schools Debate Competition

Feedback from the Judges seeing them develop their skills throughout the competition has been very exciting”.

Runners up: West Park School – Spondon The first year of the Derby City Schools Debate Competition finished on the 7th March 2018 in a close final between City of Derby Academy in Sinfin and West Park School in Spondon The final was judged by the Mayor of Derby, Cllr John Whitby, President of the Derby and District Law Society, Simon Stevens and Sue Jennings, Head of Law at Derby University. By the narrowest of margins the team from City of Derby Academy were the winners.

The competition has been organized by the Derby and District Law Society, e4e and The University of Derby Law School.

Seven Derby City Schools have taken part in at least two debates each, all the schools had two teams taking part.

The debate in full flow

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Young lawyers from local firms visited the Schools in September to introduce the competition and talk to the children about speaking in public generally. Students from the Law and Business Schools at the University went into the Schools later last Autumn to mentor the children on how to present their arguments and prepare generally.

The debates have been judged by law lecturers from Derby University and Derby solicitors. The competition has been very close with the children debating such topics as whether humanity should fear developments in artificial intelligence and whether animal experimentation can be justified. Sue Jennings said “the amount of work and research the children have done in

preparing for the debates is incredible and

The enthusiasm of the children and their teachers for this project has been amazing.

They have genuinely enjoyed the whole process. Following the Final several of the children and schools said that they would encourage more public speaking, set up debate clubs and take part in future events.

The event will hopefully take place again next year with even more Derby City Schools taking part.

A massive THANK YOU to everyone who gave up their time to make this project such a fantastic success

Judges - left to right : Sue Jennings, Cllr John Whitby, Simon Stvens

Recruitment We are seeking a highly motivated Civil & Commercial litigation fee earner to join our established Dispute Resolution Department to take over a general and varied caseload of commercial and civil litigation.

The successful candidate will be based at our Chesterfield office.

Hours of business are: Monday to Friday 9.00 am to 5.00 pm Contract: Permanent – fulltime, although, part-time hours will be considered.

To be considered for this position you must have 1-4 years PQE or experience within this legal area, be a motivated individual providing excellent client care who works well as part of a team and is capable of expanding the company’s current caseload. You will have a clear and professional telephone manner and possess excellent computer skills, be numerate, with the ability to keep meticulous records and accounts. You should be able to work effectively with minimum supervision. The position would suit someone who is highly organised, accurate, proactive and committed to meeting deadlines whilst remaining calm under pressure. Excellent all round communication skills and attention to detail is essential.

This ‘hands on’ role will deal with a range of areas including:

Please apply in writing with CVs and a supporting statement outlining your experience to:-

Or alternatively by email to: HumanResources@bannerjones.co.uk For more information on the position, please see our website:

Human Resources, Banner Jones Ltd , 24 Glumangate , Chesterfield S40 1UA

• General commercial and civil litigation • Contracts disputes • Building disputes • Boundary disputes • Probate disputes • Insolvency • Debt collection • Landlord and tenant commercial and residential.

Duties will include: • Managing a busy caseload of varied Dispute Resolution matters from initial meeting to conclusion.

• Meeting financial targets and personal performance targets • Making clients aware of other services via cross-selling.

• Any other reasonable tasks.

Experience within this legal area is desirable and salary is negotiable dependant upon experience. Own transport/valid UK driver licence holder is desirable as there may be an element of working from our other offices.

www.bannerjones.co.uk/jobs We are an equal opportunities employer Closing date is 27th April 2018

An exciting opportunity has become available for a Solicitor with 3 years PQE to join our busy and well respected Legal 500 recommended Child Care team offering an exceptional quality service providing specialist guidance and advice to clients through a variety of public child care work Full or Part Time Hours - Permanent Contract. Commencement date: immediate start (Dependant on Notice period).

Hours of business are: Monday to Friday 9.00 am to 5.00 pm To join our ‘leading firm’ the successful candidate will have more than 3 years PQE with inclusion on the Children panel in order to take instructions from guardians to represent children within child care work, however, more experienced candidates will be considered on merit. The candidate will have a passion for public child care work and will also be committed to developing new business.

This position will deal with a variety of public child care work including child protection issues, child abduction and special guardianship and the successful candidate will be required to represent clients at Court and have confidence in undertaking advocacy, whilst able to demonstrate continuous professional development.

Salary is negotiable, according to experience.

We are an equal opportunities employer Please apply in writing with CVs, supporting statement and current salary outlining your suitability and/or experience to: -

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This position would suit someone who is professional with a pro-active approach, who has excellent interpersonal skills and who is committed to building a long-term career working in Child Care and establishing themselves in the local demographic market.

To be considered for this position you must have experience of managing your own caseload appropriate to your level of experience; possess strong interpersonal skills with the ability to work on your own initiative with minimal supervision, although, training will be provided.

You must be a motivated individual providing

Human Resources Banner Jones Ltd 24 Glumangate Chesterfield S40 1UA

Closing date is 27th April 2018

excellent client care that works well as part of a team and is capable of expanding the company’s current caseload. Deal with front facing clients and will have a clear and professional telephone manner. Possess excellent computer skills; be numerate; with the ability to keep meticulous records and accounts. The position would suit someone who is highly organised, accurate, and committed to meeting deadlines whilst remaining calm under pressure. Excellent all round communication skills and attention to detail are essential.

Own transport/valid UK driver licence holder is desirable as there may be an element of working from various Company offices.

Or alternatively by email to: HumanResources@bannerjones.co.uk Please note that closing dates on vacancies are provided as a guideline. Banner Jones Ltd reserves the right to close a vacancy earlier than the stated closing date.

Council Member’s report

by Michael Williams

The most recent Council meeting was held in Manchester in deference to the current President Joe Egan, who hails from Bolton. A number of Council Members had never visited Manchester before so it was a salutary experience for them to see a modern, vibrant city which did not resemble the set of Coronation Street.

The most interesting item on the Agenda was the report on Brexit. In contrast to the usual situation where the Law Society is trying to persuade the Government not to do something, the Society is leading the work on the detailed arrangements that need to be agreed to protect UK lawyers wherever they are and the massive financial benefit those lawyers and the City generally bring to the country. Ministers, Civil Servants, Judges and all those with an interest in the subject really are beating a path to 113 Chancery Lane and being guided in the right direction by our Society. There could not be a better illustration of the value of a properly resourced national professional body than the work that is being done on Brexit.

I know Brexit will affect some Solicitors more than others, but none of us are immune from the effects of the changes that will inevitably come about. Even in Chapel-en-le-Frith we have dealt with clients owed money in France and Spain, and had to deal with the tax regime affecting a Belgian citizen who died intestate a few days after receiving compensation from the Criminal Injuries Compensation Board exceeding the nil rate band for Inheritance Tax.

The proper mechanism for the enforcement of cross-border judgments, whether relating to divorce and child care, claims for money or otherwise is just one of the essential requirements which all may need for clients from time to time and it is the sort of issue receiving detailed expert input.

As the respected professional body representing all Solicitors the Law Society is allowed to intervene in Court cases affecting Solicitors. A current such case is Dreamvar (UK) Limited –v- Mishcon de Reya and Mary Monson Solicitors Limited where a crook succeeded in selling a property he did not own and absconded with the proceeds. The Court decided that although there was no negligence on the part of the Solicitors they should still pay up, because they had indemnity insurance. I can see the superficial attraction of an Insurance Company bearing the loss rather than an innocent party (although Dreamvar Limited does not sound like a young first time buyer), but it is a horrendous thought if our indemnity insurance premiums have to cover loss when no negligence on the part of the Solicitor has occurred. The judgment of the Court of Appeal is awaited with some interest and trepidation.

You should also be aware that the Law Society has issued proceedings against the Lord Chancellor for judicial review of changes to the Litigators Graduated Fees Scheme. The case is expected to be heard in June.

An issue has arisen with H M Revenue & Customs because the first tier tribunal ruled that VAT should be charged on search fees. As far as we know this has not been appealed. There are different ways of making searches these days and I am told there is no potential problem in some cases, but anyone who has an approach from HMRC, or who is uncertain, should contact the Law Society forthwith. Conversations are taking place to clarify the position and reassure everyone and hopefully all will become clear before too long.

The new (main) Board is now up and running. There was an exhaustive selection process where the quality of those interviewed and appointed was very high.

I have been heavily involved in the Council Membership Committee which is considering the future size and make-up of the Law Society Council. It is all a bit like treading through treacle because the various requirements that people would like to see are inconsistent with one another!

Your Committee has made various comments on aspects of the matter in the past and I do not disagree with any of the points they have made.

I can summarise my thoughts by saying that I do not think at the end of the day a case has been made for revolution (however theoretically desirable) and that is not because turkeys do not vote for Christmas.

A large number of us believe that the most important role a Council Member can play is in acting as a link between the profession and Chancery Lane. It is vital that practitioners feel that their views are heard and that is what a good Council Member can achieve. It is widely agreed that more needs to be done to reach out to those members of the profession who are not actively involved in local Law Societies or in contact with Council Members. However much one would like to see more younger people active on the Law Society Council, I think it is unrealistic to expect those at the peak of their careers to be able to find the time and it is not, therefore, surprising that people who are less active in practice are more likely to be able to find the time to give back to the profession in which they have served for many years. If anyone has any views on this subject I would be very pleased to hear from you.

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Banner Jones raises £1,870 through Free Wills Month for John Eastwood Hospice Sarah Nadin, Head of the Private Client Department at Banner Jones said: “We’re delighted with the success of the Free Wills Month.

Several clients that we worked with also chose to include a legacy in their new will with part of their estate due to be donated to John Eastwood Hospice in the coming years as a result.

“It’s also been a fantastic opportunity to help and guide people through the process of writing a will, many of whom had not had one before. A will is such an important document – both in terms of ensuring that your wishes are carried out and making the process of dealing with your estate easier for your family and friends – and it’s therefore great that our latest charity campaign not only benefited such a wonderful cause, but also helped those who so generously donated.”

Helen Gregory, A Trustee from John Eastwood Hospice adds: “As the demand for our services grows, so does the need for funding which is why the support that local businesses provide through campaigns such as this is absolutely crucial.

“We have a long standing relationship with Banner Jones and are so grateful that they continue to support our work with their impressive fundraising efforts – it makes an incredible difference to the lives of so many, both the people that we care for and those closest to them.”

L - R: Ann-Marie Lowe, Marketing Manager at Banner Jones, Helen Gregory, Trustee at John Eastwood Hospice, Sarah Nadin, Head of the Private Client Department at Banner Jones, Kathryn Wheeldon, Solicitor at Banner Jones, Mark Bilton, Executive Director at Banner Jones

Mansfield and Chesterfield-based solicitors, Banner Jones, has raised £1,870 to support the work of John Eastwood Hospice, following participation in the John Eastwood Hospice Free Wills Month late last year.

The multi-award-winning law firm, which offers tailored nononsense legal advice across Nottinghamshire and North Derbyshire, offered members of the public the opportunity to have their will written, or updated, free of charge, in return for a donation to the charity.

John Eastwood Hospice, an independent registered charity which provides palliative care to patients across Nottinghamshire, relies on the generosity of the local community and a team of volunteers to provide a range of vital services offered free of charge to those with a life-limiting illness.

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DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2017

Area

Course Title

2018

CPD Hours

Date

Level*

2018

Venue

Book Via**

2018

2018

-

Conveyancing Update

5

3/10/18

-

Derby

CLT

-

Commercial Property Update

5

4/10/18

-

Derby

CLT

-

Family Law Update

6

25/10/18

-

Derby

CLT

-

Pensions on Divorce - a foundation for family lawyers

3

15/10/18

-

Derby

CLT

-

Data Protection and GDPR Update 2018

3

27/11/18

-

Derby

CLT

The Society is able to offer a comprehensive programme of CPD courses, seminars and workshops through the year.

If your firm would like to put on a training event for the Members please contact Julia Saunders (admin@derbylaw.net) Requests for courses please to the Administrator - anything from managing the work life balance to recent changes in Data Protection.

Please view the list below of upcoming training courses: For CLT course please go to www.clt.co.uk and book direct - thank you

S. Anselm’s School BAKEWELL

• Small class sizes, dynamic teaching, excellent results.

• Outstanding facilities, including ®LEGO Innovation Studio.

• Flexible boarding & day pupil options with full wrap around care.

• School bus services across Derbyshire.

Leading independent day and boarding school for boys and girls aged 3 to 16 • NAMED BEST COUNTRY PREP SCHOOL 2017 BY ‘THE WEEK’ MAGAZINE

Visit us and discover a world of opportunities for your child

College Open Evening Thursday 26th April • Nursery & Pre-Prep Open Days Wednesday 9th - Friday 11th May • Full Open Morning Saturday 19th May

Call us on 01629 812734 for more details on our open events

S. Anselm’s, Stanedge Road, Bakewell DE45 1DP | t: 01629 812734 |

www.sanselms.co.uk

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Derby Junior Lawyers Careers Talk – 22nd March 2018

On 22nd March, Derby Junior Lawyers & Bygott Biggs (Specialised Legal Recruiters in the Midlands), invited all NQ’s, Trainee Solicitors, Paralegals and Students to an insight of the ‘Newly Qualified World’ at Revolution in Derby! It was a very informative evening, Richard, David and Dominic explained what the current legal market was like, how to develop our CV’s and informed us of their services to help

trainee’s find an NQ job! Thank you very much to Bygott Biggs for their support on the night, if you are a paralegal, trainee solicitor or NQ and want support moving forward feel free to contact Bygott Biggs on 0115 948 0084 to discuss this further!

The talk was then followed with a short presentation from our membership secretary – James Newton, who informed all the new

faces about what the DJL has to offer. We hope to see lots of new members sign up soon!

The evening finished with a fantastic buffet, served by Revolution Derby, which included mini burgers, chicken strips, nachos and much more!

A fantastic evening was had by all, and we look forward to next year’s event!

Upcoming Events Friday 13th April 2018 – Cocktail Making @ Bar Soba Derby Please contact derbyjuniorlawyers@outlook.com to book a place. £30 for members, £35 for non-members Friday 27th April 2018 – DDLS Annual Dinner @ iPro Stadium Please contact us if you would like to book onto the DJL tables at the Law Society Annual Dinner!

This year the DJL and Bygott Biggs are hosting an exclusive drinks reception in an executive box at the venue. Be sure to book onto a DJL table for your exclusive invite!

Monday 11th June 2018 – Derby Legal Walk Please sign up at - http://www.lsteventregistration.org.uk/derby-legal-walk.html

For any further information regarding membership and/ or our upcoming events information please contact derbyjuniorlawyers@outlook.com

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6 key characteristics of highly successful law firms Successful law firms share many common characteristics. There is no single, magic formula for success. Every firm is different and their service offerings and markets can vary widely. That said, there do seem to be overriding principles which, when put into place in a firm, yield results.

Create a clear business strategy.

This is probably the most critical characteristic. Armed with both a clearly defined service proposition and market you wish to serve, you are half way there. Once these are decided, there is no room for distracting forays into areas that might dilute the main proposition.

On its own this is not enough. You should make sure that the strategic message is understood by all staff and is broadcast externally to allow clients and potential clients to digest and understand.

Differentiate your practice.

With a clearly defined strategy established and communicated, your USPs (Unique Selling Propositions) should enable you to differentiate

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your practice in the marketplace.

However, that is only half the differentiation story. As any good marketing professional will tell you, you should back this up with brand values which appeal to your clients.

After developing your service offerings, your markets and your USPs, it’s time to develop a “style” that will appeal to your clients. As a result, your brand values will become clear in their minds.

Put your clients front and centre.

The most successful firms go to great lengths to make sure the services they provide are consistent and timely. Paying lip service to client care rather than delivering it is not enough. Establish protocols which allow you to manage your clients’ expectations. These should cover, pricing, delivery timings and information updates as well as warnings of any potential delays.

When you have these protocols in place, audit them regularly.

Also, perform periodic client surveys.

These will allow you to fine tune your service delivery and keep abreast of

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changing client demands.

Allow the managing partner to manage.

This one really can be a pot boiler for some practices. In some, the lead role is something to be avoided at all cost due to the impact it will have on fee earning ability. In others, many senior partners try to do both jobs and end up falling between two stools.

The most successful practices have a managing partner who devotes the overwhelming majority of his or her time to management and client development. More and more are considering a managing partner who is business qualified manager rather than just an LLB. If you aspire to lead your practice, you must accept that your fee earning days may well be over. You may like to consider getting a sound business qualification such as an MBA too.

Be the best place to work.

Organisations that develop their staff, invest in them and create an enjoyable workplace culture outperform those which do not.

It’s not rocket science. Engaged, committed staff perform better

and the revolving door syndrome is avoided. Perpetually recruiting replacements for disgruntled leavers is an expensive hobby.

Use technology to improve the practice.

Firms that invest in new technology and modern practice management systems are the real winners. Good IT systems and software provide significant advantages.

For example, in LawWare’s software, compliance, efficiency, client relationship management and accounts are all designed into the same package. Its main benefits are to help your staff, assist in client development and keep the SRA and various Law Societies happy. It’s a small price to pay for something that will make you more efficient and productive.

Needless to say, this list of 8 characteristics is not exhaustive.

However, they are as good a place as any to start and should provide you with plenty of food for thought.

Mike O’Donnell, 2018.

LawWare Limited.

T For Having

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But for the Accident…

Liability and causation are matters for lawyers, but there is then the problem of what a claimant could be expected to have earned but for the RTA, the clinical negligence, or the criminally inflicted injury. Early editions of Kemp & Kemp had a chapter on how to Chris Makin calculate the employed person’s earnings for special damages to trial date and to provide a multiplicand for Ogden, but it concluded with this: “There may, however, be many imponderables in the case of the selfemployed.”

How true! But practitioners need more guidance than this.

This was brought home to me quite forcibly when, some years ago, I gave expert evidence for the claimant, who had been injured in an RTA. This man was a severe workaholic. He ran a 180-acre farm, with no help. He dug ditches, laid hedges, harvested his own crops. He had a plant hire business, being the main JCB operator. He dealt in plant, anything from lawn-mowers to roadsweepers and mobile cranes. He was renovating his Grade II listed mansion. He converted his disused farm cottages into homes for rent, and disused farm buildings into science parks.

The difficulty was that his annual accounts showed low earnings, because he had taken so much time away from his core business to renovate his mansion and convert buildings for future rental income.

Livingstone –v- Rawyards Coal Co [1880] 5 AppCas 25,39 (see Kemp at 1-009.1) tells us that the Court must restore the status quo ante so far as money may allow, but in this situation, how could that be done?

The claimant still had his business acumen, his contacts, his farm; but he was no longer able to dig ditches, drive a JCB, or replace floors and roof tiles.

The expert for the defence looked at past accounts, saw that earnings were low, and based loss of earnings on those low annual amounts. I disagreed, since this approach had no regard for the value of house renovation, the labour now required on the farm, or the benefit of building up future rental income. My approach was to quantify the loss on the amount it would take to employ a labourer to perform the physical tasks which the claimant could no longer do. Buy him a man, and the status quo would be restored.

At the end of a three-day hearing, the judge asked both counsel to provide closing submissions in writing overnight. The claimant’s counsel came to me, and asked for the precedents for the quantification method I had used. Panic! I hadn’t seen any precedents; I had just used common sense to understand the business.

That night I rang David Kemp QC at home (I knew him, having looked after the tax chapter in Kemp for some years) and another QC, and both said that there was no precedent, but that my methodology was sound. And the judge agreed, to the penny.

From this came the suggestion, with which David Kemp readily agreed, that I should write a new chapter for Kemp & Kemp on how to quantify loss of earnings for the self-employed and family company director.

It appeared in Kemp for some years, but has now been subsumed in the re-write which took place after David Kemp’s death. It ran to only 9 pages, but gave a simple explanation of the factors one should

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consider, such as: • Gain a thorough understanding of the business; this business in its unique setting.

• What are the fixed and variable expenses? How would they vary with revenue?

• Do the past accounts show a reliable pattern of gross profit margins?

• What are the internal limiting factors? Capacity of machinery, of premises; ability of the owner to manage all the staff?

• What are the external limiting factors? What is the size of the market, and the share which this business could hope to win?

What is the catchment area? Delivery distance? Could trade be increased by internet sales?

• What competition is faced, bearing in mind that competitors will try to increase their market share in similar ways?

• Technological change: are the products facing obsolescence? Or are manufacturing costs being undercut by Chinese imports?

• Hours in the day: just how much time could the claimant have spent in the business, allowing for sleeping, eating, travel to work, leisure time, DIY, holidays? Is there a DIY claim which could not be supported after the hours the claimant says he would have spent in the business?

• Seasonal variations: an ice cream vendor at the seaside may have lost most of a year’s profit if injured at Whitsuntide, but nothing if injured in November.

• Regression of trade: if a claimant is away from business for several months, the loss of earnings would continue until he had re-won or replaced his lost customers, which could take several months after physical ability is restored.

• Financial strain: it is surprising how many owners of small businesses introduce their own money into a business to keep it going. Look out for overdrafts, increasing creditors, proprietor’s capital reducing, and consider whether an Ogden multiplier should recognise that the “life expectancy” of the business may be much shorter than the working lifetime of the owner.

• Do not confuse profit with drawings: it is also surprising how many lawyers think that the amount drawn out of a business is the measure of earnings. The profit of a business may be £50,000 and drawings £30,000; or profit £50,000 and drawings £80,000. In both cases the claim must be based on post-Gourley earnings of £50,000; though with the second example, one should worry about the life expectancy of the business.

There is more, but this gives an indication of the matters which an experienced forensic accountant must consider when quantifying loss of past earnings and a multiplicand for future lost earnings, in personal injury, clinical negligence and fatal accident cases. If you want a copy, please ask.

It is not the case that a forensic accountant is needed in every PI case, but where the claimant was self-employed or a key director in a family business, the “many imponderables” need to be considered by an expert who really understands business.

Biog: Chris Makin was one of the first 30 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness. He is also an accredited civil & commercial mediator and an accredited expert determiner. He has given expert evidence at least 100 times and worked on a vast range of cases over the last 30 years. For CV, war stories and much more, go to his newly relaunched www.chrismakin. co.uk - with videos!

FINGERPRINT ANALYSIS Peter M Swann FAE FFS Independent Consultant to the Legal Profession A former Home Office Adviser with five decades experience in all aspects of finger print and crime work.

A Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, a Member of the International Association for Identification, a Member of the Forensic Science Society and included in the UK Register of Expert Witnesses.

Provides a full independent fingerprint service to legal profession, industry and other agencies.

Examination Development

Assessment Report

Briefing Expert Witness

Telephone: Wakefield 01924 264900 (Office) 01924 276986 (Home) Fax: 01924 265700 Email: peterswann@btconnect.com www.fingerprint-analysis.co.uk

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How legal technology can help your law firm

Andrew Scott set up his own law firm a year ago. Here he explains the challenges he faced and how he has developed his own legal technology to improve productivity.

What prompted you to set up your own practice?

I’d spent over 25 years working for large law firms and I felt I needed a new challenge. I wanted to break free, try something new and to indulge my interest in legal technology.

What’s been the biggest mistake you’ve made?

I don’t think I’ve made any howlers. The business has only been going for a year, so there’s plenty of time yet! But, it’s gone better than I could have hoped.

What’s been the best decision you’ve made?

Hiring the right people. They’ve lifted some of the weight of work off me and enabled me to focus on building the business. Without them I wouldn’t have been able to take the time to develop the technology.

What’s the technology you’ve developed?

I’d been working in document assembly and other areas of legal technology for about ten years before going out on my own. My idea was to help clients in day-to-day legal work, especially where the processes can be supported by technology.

I wanted to create a platform onto which I could put all my years of experience to

support clients in their contractual needs.

I’ve had a piece of natural-language processing software called Repindex adapted for the legal market. I’ve also devised another piece of software that allows clients to model any aspect of a contract and enables users to automate ‘playbooks’.

So, for example, clients can run all their non-disclosure agreements through Repindex, which will highlight problematic clauses. They can then refer to the playbook to find out whether, and if so, how they should amend those clauses.

Essentially, it helps improve productivity.

How easy was it to get PI insurance?

It was really straightforward. I was introduced to Richard Brown at Miller, who handled it all and made it a completely painless experience.

What next?

The big challenge is taking the business to the next level. I need more volume of work to generate the revenues that would allow me to hire more full-time staff. I’ve proved the concept in the first year, but to develop the technology further will entail a lot more cash, which is why I need to generate more volume.

What’s your ultimate ambition?

The business is ticking over quite nicely right now, but my objective is to get it

to the point where I can sell it in three to five years’ time. I want to build up a sound base of good-quality clients that provide regular revenue, which are either buying the software or buying the service underpinned by the software.

What advice would you have for those thinking of setting up as a sole practitioner?

Don’t be overambitious. Be realistic about what you can achieve.

Have some clients already onboard before you do it. You’d be very brave if you took a leap in the dark thinking you’ll just pick up business.

The first year is crucial. It’s easy though if you have foundation clients who will support you. Then you decide what you want to do with the business from there.

I have some very loyal clients, including a large retail fund management company, and a tech firm, without whom I couldn’t have gone out on my own.

Finally, be clear about what you want to achieve, and be very clear on what you want to deliver. Focus on depth, not breadth, otherwise there’s a risk you’ll spread yourself too thinly.

To learn more about how Miller can help you obtain a PI insurance quote for a new firm or to request a copy of our free guide to understanding the SRA application process please go to: www.solicitors.millerinsurance.com

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Could outsourcing your medical record pagination save your firm money?

Medical records are an essential component in any clinical negligence or personal injury case, from initial screening right through to trial stage, it is essential that they are paginated in a professional, efficient and accurate way.

In any business, assessing risk vs reward when it comes to investing monetary resources will be a number one priority. Some firms will take the decision to invest as little as possible in a case before deciding whether or not to take it forward, often meaning that the pagination process is overlooked. Although it can be tempting to carry out the work in-house, or skip the pagination stage all together, this decision can prove costly in the long-run and leave you facing even higher costs when you send the file for expert review.

Providing your chosen expert with an easy to navigate, paginated bundle, complete with chronology, will save them valuable time sifting through unorderly records to find the relevant dates and information for the case. This will cut down on your expert’s hourly fee, which will be set at a dramatically higher price when compared with an outsourced pagination company. Ultimately, it will usually be more cost effective to instruct a pagination company than it would be to send un-paginated files for an expert to review.

And remember, if the case is unsuccessful at a later stage then the

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sorting, pagination and indexing fees can all be reclaimed from most ATE insurance providers. This is where the benefits of outsourcing become clear. The option to reclaim these costs are not available for firms who choose to carry out their pagination in-house, meaning that the time and resources invested in the case would be lost.

Choosing a non fixed-fee provider will also allow you to stay flexible and work on an ad hoc basis, choosing the right service for you as and when your case load changes. For instance, selecting a provider who offers no minimum fee and no minimum pages can save you money on smaller files, rather than paying over the odds on a fixedfee basis.

Having the records professionally prepared will ensure efficiency at every stage of the case where the bundle may need to be reviewed by several professionals. From your team of solicitors deciding whether to take the case forward, to an expert analysing the records to offer their opinion, and even members of judiciary and witnesses at trial stage. Providing expertly paginated records at these key stages will ensure confidence in the case and a swift turnaround.

To find out more about ALK Legal Support’s services and how the team can save you money, call Jan Rothwell on 01204 866563, e-mail jr@alklegal.co.uk or visit, www.alklegal.co.uk

Additional £2 Billion from dormant accounts can be reunited with customers and to fund good causes Within the UK there is a large amount of money that remains unclaimed by its true owners and this issue was first addressed in 2008 which led to the ‘Dormant Bank and Building Society Accounts Act’. Under this Act, banks were required to trace account holders who had not been in contact for several years. In instances where they were unable to find the account holder, the money would be declared dormant and would be used for alternate causes.

In December 2015 the Commission on Dormant Assets was formed to help with this initiative and said the dormant asset schemes should include bonds and shares which could potentially unlock up to £2 billion. In February 2018, the Commission on Dormant Assets published a report where the government will consider legislation to expand dormant accounts schemes to include other assets and financial instruments.

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One of their core principles state that firms should prioritise reuniting customers with their assets before the money is transferred to good causes and customers should be able to reclaim dormant money at any time.

Assets should only be transferred after appropriate reunification efforts have been made.

In 2011 the co-operative Banking Group (CBG) established the country’s first Reclaim Fund (RF). Both the CBG and RF have been working with the government in establishing the scheme, and since inception the RF received over £1 billion from several participating banks and building societies.

Fraser and Fraser are one of the few firms within the genealogy industry who are regulated by APR (Association of Probate Researchers). We are well

known for beneficiary tracing and deceased estate distribution but now we have branched out into the world of asset reunification, helping ensure that the unclaimed assets is reunited with the asset holder. The unclaimed asset can be anything financial or also known as liquid assets. For example, stocks, bonds, dormant bank accounts or monies held by a custodian, and not just physical items from unclaimed estates.

Do you need to trace people who you know have unclaimed assets? Do get in touch with us, we work alongside many organisations, both corporate and public and our infrastructure is catered towards tracing and identifying any known persons especially in the event of an estate being involved. www.fraserandfraser.co.uk legal@fraserandfraser.co.uk

Overhauls of Wills ‘Critical’ for legacy giving Rob Cope, Director of Remember A Charity, says: “When you consider that hundreds of thousands of people in the UK die intestate each year, leaving no clear guidelines as to how any assets should be divided among their family, friends and good causes, it is long overdue that the Will-writing process is made more accessible, helping ensuring that people’s final wishes will be met.

“If the legal sector succeeds in making it easier for people to write a Will, while putting adequate safeguards in place for the public and minimising the opportunity for contested Wills, this could be a critical step forward for legacy giving. Ultimately, the more people that write a Will, the greater the potential for including a charitable donation. Even if just a small percentage of people who die intestate were to leave a gift in their Will, this could help close the gap between those that have the desire to give through wills (35%) and the 6% of people that leave a charitable legacy. This could potentially raise millions for good causes each year.”

Remember A Charity welcomes the Law Commission’s proposals and consultation to overhaul the current laws on Wills, saying that this could be ‘critical’ for legacy giving.

Proposals include softening the strict formality rules, a new mental capacity test which takes into account the modern understanding of conditions like dementia, and a suggestion that the age for making a will should be lowered from 18 to 16.

Find out more about Remember A Charity at: www.rememberacharity.org.uk

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Achieving growth through efficiencies 2017 was yet another successive year of strong growth for Quill clients. That’s according to analysis undertaken by Quill using 4 years’ worth of anonymised accounts billings data for a sample of over 400 legal software and outsourced cashiering service clients.

Some key findings from Quill’s research of law firms’ financial performance are:• 22% increase in average profit costs across the past 48 months • Average monthly billings in 2017 of £81,901 for SME businesses (Quill’s average client has around 11 software users) • The top third performers more than doubled their profits, with monthly billings increasing from £71k to £144k • The middle third performers achieved 12% increase in profits Translating what these statistics mean in real terms, it’s quantitative evidence that proper use of legal software and outsourcing back office tasks has a positive impact economically. Legal practices choosing Quill’s Interactive system – comprising document and case management, time recording, reporting and legal accounts tools – and outsourcing administrative functions – cashiering, payroll and typing – are able to significantly improve profitability.

That’s because Interactive facilities efficiency improvements by straightforward management of inprogress matters, automatic population of templates and precedents, easy capturing of time, reduction of overheads, access to data and files 24/7 on the move, monitoring of performance and recovery of costs. Similarly, Quill’s Pinpoint cashiering service drives further efficiencies because, by offloading the entire accounting function with support given on a continuous basis, time can be channelled elsewhere, monthly costs minimised and regulations adhered to.

Quill’s research is supported by anecdotal evidence from end users including Daniel Hewitt, Managing Director at JP Goldman Solicitors, who comments: “We've been using Quill's Interactive cloud

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Figures are shown above in visual graphical format.

legal software and Pinpoint outsourced cashiering service since our company began trading in early 2016.

“Since then we've seen sizeable growth within our business. This has been made possible by the functionality within Interactive and flexibility of Pinpoint.

Having a supplier as professional as Quill providing feature-rich systems and allocating us an off-site cashier to manage our accounts brings peace of mind as we're able to work more efficiently, operate continuously and compliance with accounting rules is a given.”

Quill’s MD, Julian Bryan, explains: “There is obviously variation in fees generated by the highest and lowest performing law firms in our study. This is partly resulting from the discipline of law, such as legal aid funded areas, but mainly it demonstrates adoption of good processes via Interactive and Pinpoint to log time at every touchpoint, use available functionality to its fullest capacity, take advantage of advanced reporting capabilities to delve deep into financial data, act upon system prompts to manage accounts in line with prescribed rules and much more besides. By doing so, legal practices are able to maximise billings per fee earner.

“Additional benefits can be driven where law firms have completely delegated their cashiering role because they’re able to focus exclusively on fee earning and business development without distraction.

By being more productive in these two areas, businesses can assume a truly competitive stance in what’s becoming an increasingly challenging industry.”

Quill’s results are echoed in various industry reports, the Law Society’s LMS Financial Benchmarking Survey amongst them. According to the Law Society’s evaluation of 152 participating firms, fee income increased by a median 5.8% in 2016, compared with a still-healthy 5.4% in the previous year.

Median net profit per equity partner was similarly buoyant, standing at £135,979, up by 8.4% year-on-year. Overall, firms are achieving 10% net profit margins.

If legal service providers are wavering in their decision to upgrade to newer systems and switch to an outsourced business model, it’s convincing proof that firms doing just that are being rewarded with superior revenues.

To contact the Quill team: email info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk/growth.

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