Herts 33 Winter 2016/17 edition

issue 33 Winter 2016/17

Hertfordshire Law Society Gazette

Annual Dinner 2017 Back to Hatfield House!

Details on page 12

Also this issue: • New Year, New President! • Why Should Solicitors Network?

• Are we just legal experts? • HLS Prizewinner 2016 • 2016 AGM Report • and much more...

▲

Contents

Hertfordshire Law Society Gazette

Contents issue 33 Winter 2016/17

4

Council Members for 2017

11

HLS Prizewinner 2016

16

EWI Conference Report

4

Editor’s Comment

12

Annual Dinner 2017

20

'He has his Father's nose...'

5

From the President

13

Family Mediation

22

Human trafficking

6

Meet your new Vice-President

13

Professional Indemnity Insurance

25 Cyber-Crime

7

HLS Membership 2017

14

Why should Solicitors network?

26

Flood Risk

8

2016 AGM Report

15

Meet Steve Hamilton

29

The folly and the high fees

10

Are we just legal experts?

15

EPC Expert Witness Feature

30

New light on charitable legacies

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776

simon@epc.gb.com www.epc.gb.com Advertising Simon Castell Managing Editor Judie Caunce

Marketing Denise Challener

Accounts Tony Kay

Design David Coffey East Park Studio

Published: Winter 2016/17

Legal Notice © 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.

DISCLAIMER: the views expressed by the writers in this magazine are not necessarily those of the Hertfordshire Law Society

http://www.hertslawsoc.org.uk/

3▲

Council Listings

Council Members 2017 President Stephen Halloran Lawtons Solicitors (Hatfield) Crime Vice President Attia Hussain Crane & Staples (Welwyn Garden City) Family Hon Secretary and Treasurer Laura Colville Debenhams Ottaway (St Albans) Private Client Immediate Past President Claire Sharp Debenhams Ottaway (St Albans) Private Client

Members

Robert Bedford Machins Solicitors LLP (Luton) Employment Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts

Penny Carey University of Hertfordshire (Hatfield) Academic Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Judith Gower Hertfordshire County Council (Hertford) Local Government Steven Hamilton Taylor Walton LLP (Harpenden) Private Client

From the Editor C

ongratulations if you have made it to the third week in January with your New Year’s Resolutions still intact! Apparently (according to BUPA statistics) 66% of the UK population do not have such strength of character and break their resolve within a month…

Harpenden Law Society, on the other hand, is still very much focused on its objectives for the year under the guidance of our new President, Stephen Halloran and his Vice President, Attia Hussain. Please see Stephen’s introductory article on the following page and meet Attia on page 6.

This winter edition of the magazine also outlines some of the Society’s plans for the coming year, introduces you to the new officers and council members for 2017, and shares the message of the need to work together to face future challenges in a competitive professional environment.

Hertfordshire Law Society Membership I am delighted to report that the membership of the society continues to increase and, as you will see in Stephen’s report, one of his core aims for his presidential year is to build on that substantial basis to attract in-house counsel from the many multinational companies in the county.

Membership to the Hertfordshire Law Society is open to all members of the legal profession who either live or practise in the Hertfordshire area. Extending our membership to include corporate organisations as well as those in private practice and the student community, will allow us both to raise the Society’s profile in the Hertfordshire Legal Business community and to expand the breadth and depth of views on local and national legal issues.

2017 Subscriptions Annual subscription for membership to the Society runs on a calendar year so this is a polite reminder please that they are

▲4

(From January 2017 until 31 December 2017) The Law Society Relationship Manager – East

Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation

Jack Dunkley

Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Employment Amanda Thurston Curwens (Hoddesdon) Family

Parliamentary Liaison Officer Judith Gower

Administrator & Membership Secretary Judie Caunce, Enterprise House, 5, Roundwood Lane, Harpenden AL5 3BW Tel: 01582 765006 E-mail: admin@hertslawsoc. org.uk

Samantha Worth Tees Law (Bishop’s Stortford) Commercial

National Council Member

Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation

now due for payment. I have contacted each firm by email but if you would like more information about subscriptions, or have questions about membership in general, do please contact me. I am happy to help.

Following the November 2016 AGM (report on page 8) you will note that the rate has been raised slightly this year. This is both to keep in line with inflation and to allow us to continue to offer training seminars and networking events to our members through the year, and to maintain the high standard of the increasingly popular Annual Dinner.

The annual individual fees represent excellent value at just £50.00 for Ordinary Members (all those admitted to the Roll of Solicitors), £25.00 for Associates and £10.00 for Trainees / Students. Corporate membership at just £540.00 is highly recommended for larger firms or organisations with 12 or more (paid) Ordinary members.

Annual Dinner 2017 – Hatfield House Thank you to everyone who responded to our request for feedback from the 2016 annual dinner. It is clear that you really like being back at Hatfield House after some years of absence. I am therefore pleased to confirm that it has been agreed to hold the 2017 dinner at Hatfield House on Thursday 15th June 2017.

Stephen Halloran and the working party are in full planning mode for this year’s event. More details to follow soon…

Judie Caunce Administrator & Membership Secretary Enterprise House, 5 Roundwood Lane Harpenden, Herts AL5 3BW T: 01582 765006 M: 07775 652578 E: admin@hertslawsoc.org.uk or jac@events-plus.co.uk

Hertfordshire Law Society Gazette

Editorial

A New Year, a New President T

hank you for the honour to have been elected President of the Hertfordshire Law Society for 2017. I will approach the task with the views of the members very much in mind and hope that, along with my fellow Council members, we can continue to serve your needs and ensure your voice is heard at a national level.

I have been very fortunate to have been Vice President to Claire Sharp, and I would like to take this opportunity to congratulate Claire on her Presidential year and the dedication she has shown to the Society over recent years. I have no doubt that I can count on her support and guidance during my Presidential year.

I also look forward to working with Attia Hussain, who has agreed to serve as Vice-President. Together with the Council, we can continue to expand and on build on the progress the Society has made in recent years.

Reading the Law Society Gazette (& other specialist publications) it is easy to assume that as a profession we are under constant threat from outside competition. We may be, but we are also a resilient bunch and should be proud of the service we provide. By working together, we can achieve more in altering the public perception of our profession and, importantly, trying to recover the more collegiate relationship that should exist between members.

In summary, the very informative talk at the Chancery Lane Conference will form the core of what your Council will look to achieve this year. With a real level of commitment from us all, I am sure we can advance the aims of the Hertfordshire Law Society and provide a real level of value to our members.

On behalf of Council, I wish you all a successful & prosperous 2017.

Stephen Halloran President, Hertfordshire Law Society

During my Vice-Presidential term, I was fortunate to attend the Presidents & Secretaries Conference May 2016, held at Chancery Lane. One of the sessions stood out, that being ‘Innovative Ways to Run your Local Law Society.’ It is clear that all local Law Societies can struggle unless they have the commitment from Council and members alike.

I would like to think that we can all make a concerted effort to increase membership this year and, with that, to ensure that we provide value to our members. We have a core number of Firms who have always been loyal, and we need to build on that and attract additional local Firms and individual lawyers.

With the backing of Council, we can look to try and attract local Solicitors who are employed in-house into joining the Society. We have many large national and multi-national Companies in our area, and if we can reach out to these individuals /organisations, the benefit could be significant for the Society and individual members. As a Council, we will discuss and then implement a strategy to achieve this aim.

We are also fortunate in that we have the support of the University of Hertfordshire, both in terms of being involved in the Society and providing us with facilities for meetings. I am sure we can do more to help each other and I will endeavour to explore this during my Presidential year.

EAST PARK COMMUNICATIONS

PROFESSIONAL COMMUNICATIONS FOR PROFESSIONALS

0151 651 2776

One other person needs a mention in terms of their importance and that is Judie Caunce. I have seen at first hand the work that Judie undertakes for members and having someone in this role was highlighted by the session I attended in May as being key.

http://www.hertslawsoc.org.uk/

5▲

Editorial Membership

Meet your new Vice President Attia Hussain

A

ttia Hussain is a specialist Children Law Solicitor at Crane & Staples Solicitors, Welwyn Garden City, practising predominantly in Public and Private Children law, but also in Family Law matters, including injunctive relief for victims of domestic abuse. Attia appears frequently as an advocate in the Family Court at all levels, acting for children, parents, other relatives and foster carers.

oldest local law societies in the country. This will involve a slightly more ‘modern’ approach, so watch out Twitter!”

She joined Hertfordshire Law Society (HLS) in 2013, having previously served almost two years on the Council for the Hastings & District Law Society.

Attia is an avid traveller and supporter of legal charities assisting the most vulnerable in society. She is well known for getting involved in both charitable and local community events: 2016 has seen Attia skydiving from 5,000ft in aid of the London Legal Support Trust, participating in the Great Legal Bake Off, when she baked a Family Court Practice Book cake which appeared in Legal Cheek and all over Twitter, and fighting the corner for Rumpole at the Greatest Fictional Lawyer Debate (@itsalawyerslife).

Sadly, Team Rumpole did not win but here is a photo of Attia and colleague getting into the spirit of the event with their “debatable” Rumpole moustaches….!

E: a.hussain@crane-staples.co.uk

Attia, commenting on her recent appointment said, “I am honoured to have the opportunity to serve as Vice President, and I am really looking forward to assisting Stephen (Halloran) in mobilising and encouraging more local firms to get involved with HLS, which is one of the

▲6

Hertfordshire Law Society Gazette

Membership

Hertfordshire Law Society

HERTFORDSHIRE LAW SOCIETY Supporting Solicitors Across Hertfordshire since 1883

Hertfordshire Law Society (HLS) is dedicated to raising the profile and promoting the interests of the local legal community.

Members have the opportunity to develop their careers and share ideas through HLS networking and training events.

HLS participates in numerous forums concerning the profession and can make its voice heard at a national level.

In a challenging professional environment, HLS is working hard to keep legal services local.

Membership is open to all those in the legal profession who live or practise in the Hertfordshire area and its environs.

We offer: • • • •

• • • •

Social events and networking opportunities A chance to have a say in the way our profession runs Legal education programme with top-class speakers Discounted CPD events run by the School of Law at Hertfordshire University – ‘the most innovative law school in the country’ Free quarterly magazine Discounted associate membership for unadmitted staff Concessions for trainees and students Corporate membership for larger firms

How to Join: Contact Membership Secretary, Judie Caunce on 01582 765006 or email admin@hertslawsoc.org.uk Subscription Rates and Categories for the coming year are as follows:

Ordinary Membership

For those admitted to the Roll of Solicitors

£50.00

Associate Membership

All Solicitors not eligible to be Ordinary Members, retired Solicitors and any other persons engaged in or connected with the practice and / or teaching of law

£25.00

Trainee Membership

Trainee Solicitors who have entered into a registered training contract with Solicitor eligible for Ordinary Membership

£10.00

Student Membership

For individuals attending a full time or part time course in law at a centre of education

£10.00

Corporate Membership

For a total of 12 or more Ordinary Members and all the firm's unadmitted staff and trainees

£540.00

http://www.hertslawsoc.org.uk/

7▲

Editorial AGM Report

2016 AGM Report

T

he AGM was held on Tuesday 22 November 2016 in the Committee Meeting Room of the MacLaurin Building at the University of Hertfordshire.

New Officers for 2017 Stephen Halloran was elected President. Please see his article “From the President” on page 5.

Attia Hussain was elected Vice President. Please see “Meet Your New Vice President” on page 6.

Hertfordshire Law Society Prize The Hertfordshire Law Society Prize is awarded by the University’s Board of Examiners for outstanding performance by a second-year law student. It was instituted by Hertfordshire Law Society in 1997, and has been awarded each year since then.

The 2016 Prize was presented to Jemma James at the AGM. For a full report, please see page 11.

Laura Colville was elected Honorary Secretary and Honorary Treasurer.

Treasurer’s Report President, Claire Sharp, had prepared the report on behalf of the Treasurer, Laura Colville, who is currently on maternity leave.

A small surplus was made this year at the annual dinner which, it was acknowledged, was due to the generous support of our loyal sponsors. The Council shall continue to seek a good level of sponsorship for future years to assist us to maintain the high standard of this event, which our members and guests have come to expect.

The President reported that the Society’s finances for the year, although always under pressure, were in good order.

Membership subscription rates in 2016 had been maintained at the same level as for several previous years. However, in view of anticipated increasing pressure, and having researched other LLS to compare and contrast membership rates, The President proposed, and it was agreed, that the following changes be made for the coming year as follows: • Ordinary Members • Associate Members • Trainee Members • Student Members

- - - -

£50.00 (from £45.00) £25.00 (from £20.00) £10.00 (unchanged) £10.00 (unchanged)

The “corporate membership”, first introduced in 2007, is to continue at the same rate of £540.00 for 2017. This provides that for firms or organisations that have 12 Ordinary paid up members in any one year, there is no further fee payable for any additional members of any category in that firm / organisation during that year.

•

However, The President advised the meeting that corporate membership would be discussed further by the Council for review in 2018.

▲8

Hertfordshire Law Society Gazette

Editorial Featured Article

Are We Just Legal Experts?

No, we are much more

Samantha Worth is a Hertfordshire Law Society Council Member and Commercial Property Solicitor at Tees Law, Bishop’s Stortford. In this article she considers the vitally important combination of skills required to be competitive in a changing legal market but which are so often overlooked in the need to deal with the everyday and urgent client matters.

I

n these modern times we can no longer think of ourselves as just solicitors practising the law and doing the best for our clients. Of course, this is what we all strive to do every day we are in the office or a court room, and, in doing so, there are a variety of skills needed for us to be successful.

As a junior lawyer in my firm’s Commercial Property Team, I have come to realise since qualification that there are many more skills that I use on a daily basis other than just my knowledge of the law and my ability to navigate it through the various transactions that I deal with for my clients. Our legal knowledge is critical and something that we all to need to keep updated, but that is a given. I wanted to pick out some other key attributes and skills that are essential for us in our careers.

We know how to serve I assume that we all know what it feels like to receive a good service and what it feels like to receive a bad service. Although we all have ‘busy’ times where we have a lot of work, tight deadlines, and seemingly never enough hours in the day, we still cannot forget that, ultimately, we are providing a service to our clients. We all know that a good service comes from good communication and, with so many forms of communication available to us, we should be able to be proactive and keep our clients informed with regular updates.

If we do this, then our clients will keep their trust in us that we are dealing with their matter conscientiously. Customer service also requires us to bring a human element into our interactions with clients as many areas of practice mean that we are assisting our clients through stressful parts of their lives - whether they are buying their first home, getting a divorce, going through an unfair dismissal action or litigation from an injury or accident.

Showing empathy, therefore, can go a long way to gaining a client’s trust and keeping it throughout the matter. If we give a good service, then our clients are more likely to recommend us to others, and return for future assistance. Additionally, ensuring

▲ 10

we speak and explain issues in plain English is a small point but one that is greatly appreciated.

We can generate new business One thing that many lawyers do not see themselves as is sales people and this was highlighted in the presentation at our AGM last year, provided by Larry Cattle of Cattle Consulting, a Marketing and Business Development Consultant (larrycattle@cattleconsulting. co.uk). If you go out and make your own business connections which bring in new work, then this is a form of sales and is actually developing your firm’s image and business in your local area, as well as bolstering your personal professional profile. Due to the nature of our work, our busy diaries and time pressures it can be difficult to think about getting out of the office to make contacts and build relationships with referrers and prospective clients.

However, if we can find time to do this it will develop our own skills and also, potentially, lead to new business opportunities for our firms.

Structured networking can be useful and is a good starting point if you have never done any networking before or have limited experience. I myself am a member of the Women In Business Network (WIBN) group in Bishop’s Stortford. There are other branches of this particular networking group across Hertfordshire and many other business breakfast and lunch networking clubs available including the Chamber of Commerce. (Editor’s Note: Just google “Networking Hertfordshire” for an example of the range of opportunities to engage with your local business community).

I have found that by seeing the same group members each month, I have developed relationships personally and have found referrals starting to come my way. I have also recently been asked to do a written piece for a fellow member’s newsletter that she will send out to her clients. This is a valuable opportunity which I would not have received if I had not got to know the said member outside

of the office environment, learnt how our businesses relate and how her clients could potentially be interested in the services I provide.

It’s a team effort Although it is easy to feel like we are working alone with our caseload, in reality many of us will work in teams consisting of other lawyers of varied experience and also support staff/ secretaries. Ensuring we discuss matters with our fellow lawyers is important; it not only benefits you but you could also find that, from sharing case experiences, you can collectively solve problems for clients more efficiently; true to the adage that a problem shared is a problem halved. Learning to delegate effectively is also a useful and vital skill, and one that I admittedly found very difficult initially. Learning to trust those that work with us – both to assist us and do work on our behalf - is an essential skill to develop if you wish to progress.

Our time is important We are all slaves to time ensuring we keep records of the chargeable time we spend.

When time is so valuable we have to create systems that work for us to ensure we stay organised and get work done, on time, when required. I would expect that all firms are continually looking to find where efficiencies can be made. Do take time to think about the processes and how your teams work to see if there are any changes that can be made to improve efficiency. A small change made can have a big impact.

A New Year - a New Start Finally, now that we are at the start of 2017, I would suggest that, no matter where you are in your career and, even if it has nothing to do with any of the above, you take a moment and think about whether you have a professional goal for this year or something you want to change in how you work. Set yourself a resolution for your working life as you never know the motivation it could give you, nor the impact it could have by the end of the year if you succeed.

E: samantha.worth@teeslaw.co.uk

Hertfordshire Law Society Gazette

Featured Article

HLS Prize Winner 2016

Well done to Jemma James - Winner of the Hertfordshire Law Society Prize 2016!

Council Member and former President of the Society, Marilyn Bell, met with Jemma James before the AGM to find out a little more about her decision to study law and her plans for the future.

J

emma James, who attended the AGM in November with her proud mother, said she was ‘honoured to have received the award’, presented to her here by Claire Sharp, President of Hertfordshire Law Society.

Jemma was described by the University of Hertfordshire as a dedicated student who has performed to a very high standard throughout her first two years at the University of Hertfordshire. Jemma’s commitment to her studies was demonstrated by

http://www.hertslawsoc.org.uk/

her excellent results in her second year assessments where she achieved a first class mark in each of her examinations.

She impressively combines her legal studies with looking after her 4-year old daughter, and she has also volunteered at Citizens Advice Bureau once a week for the last 2 years as a gateway assessor.

Jemma knew from a young age that she wanted to study law. She always imagined herself standing in Court and seeking justice for a person who had been wronged in some way. However, Jemma says that, over the years, she has come to realise that law is often about much more than that, and she continues to find it a challenging yet stimulating topic, which she is thoroughly enjoying studying.

After leaving school, Jemma took a break from studying and worked

full-time but has returned to her legal studies after having her daughter. She resumed her studies with an Access course for a Higher Education Diploma (Social Sciences) and then her degree at the University of Hertfordshire.

She was attracted by the excellent standard of teaching provided by the University. She added that her daughter is her inspiration, and the reason why she has worked so hard to be where she is today.

Jemma originally hoped to enter the legal profession once she finished at University but she is aware of the wide range of careers and opportunities available to law graduates. She is still considering a career as a solicitor but she is equally interested in other roles using her legal skills. She plans a long and successful career in the legal world.

11 ▲

Editorial AGM Notice

Annual Dinner 2017 The Old Palace, Hatfield House Thursday 15th June 2017 Save The Date!

We are delighted to confirm that the Hertfordshire Law Society 2017 Annual Dinner will once again take place in the beautiful Tudor Old Palace at Hatfield House We look forward to welcoming you, your colleagues, clients and guests at the Society’s popular annual summer event.

More information will be available in the next few weeks.

If you would like or need further information at this stage, or if you would like to reserve a table, please contact the Society’s Administrator, Judie Caunce at: admin@hertslawsoc.org.uk

Hertfordshire Law Society ▲ 12

Hertfordshire Law Society Gazette

Featured Article

Family Mediation – All you need to know W

hen couples separate, emotions can often hinder difficult issues being discussed.

Mediation is a voluntary process that is designed to help people reach an early agreement, with the minimum of cost, delay and confrontation.

helping them find an agreement. The solicitors will provide legal advice to the person they represent but will sign an agreement which prevents them from representing that person in court if the process breaks down. This ensures they are committed to making the process work.

Mediation can ease the pain of a family breakdown or separation, encourages people to be open and discuss the implications of their separation calmly, reducing tension, hostility and, in many cases, avoids very expensive legal fees. It is particularly helpful where children are involved as it is vital their parents are able to calmly communicate with each other for their benefit in the future.

Resolution – specialist family law group Mediation and collaboration both aim, in their different ways, to help separating couples resolve their difficulties, and can potentially save a great deal of time and, in some cases, many thousands of pounds in legal fees. It is important for any person who wishes to try either approach that they deal with an experienced family mediator or trained collaborative lawyer.

Resolution is a specialist family law group and its members are experienced family lawyers. A Resolution-accredited mediator or collaborative lawyer will have the knowledge, experience and ability to deal with the most complex of issue arising out of a relationship breakdown.

Impartial guidance Mediators do not act for either person as a lawyer might.

They do not seek to impose solutions but will provide impartial guidance to help people make the choices that meet the needs of their own individual circumstances and what is important to them. A mediator will manage the meetings to ensure the discussions can be conducted calmly and confidentiality (apart from in exceptional circumstances) in a neutral setting. It can help resolve almost any aspect of a relationship breakdown and can play an essential role in minimising the impact of a separation on couples and their children. It is non-judgemental and takes a holistic approach. By agreement, other people can be involved such as family counsellors, accountants, financial advisors and valuers. They too are impartial.

The collaborative law approach The aim of the collaborative law approach is for couples to reach an early agreement with the help of their solicitors, who will all meet and work together to find the best solution for them. For couples who seek a fair agreement for them both and their children, the collaborative approach allows open discussions with solicitors present who are committed to

Mediation – a preferred choice Following fundamental changes to the Children and Families Act 2014, the choice for couples who are undergoing divorce and separation has increased. Mediation is becoming a preferred choice for many clients. Mediation Information and Assessment Meetings (MIAMs) are usually a prerequisite to any court application. This provides law firms with a unique opportunity to work together; enabling clients to be referred and recommended to other qualified advisors for mediation services.

Richard Phillips qualified as a solicitor in 1991. He has over 25 years’ experience of family law matters. He is an accredited mediator and a qualified collaborative lawyer. He is also a Member of the Law Society’s family panel and an accredited specialist with Resolution.

E: richard.phillips@sumtab.co.uk

Professional Indemnity Insurance provides vital protection for clients and solicitors

P

rofessional indemnity insurance (PII) is necessary and appropriate to protect clients and firms, the Law Society said today in response to statistics on PII claims published by the Solicitors Regulation Authority (SRA).

'Solicitors' professional indemnity insurance is one of the most important protections for clients, and it maintains public trust and confidence in the solicitor profession,' said a Law Society spokesperson.

'PII offers comprehensive indemnity to solicitors, and strong protection and redress for clients. On the rare occasions that something goes wrong, solicitors and their clients know that they will be protected.'

'It is important that the SRA's PII regime is reviewed on a regular basis, but any proposed changes need to ensure the right balance between protecting consumers, protecting solicitors and promoting a competitive insurance market which enables affordable PII costs for firms.'

'PII is a complex market and gathering comprehensive data on claims is difficult. We appreciate the SRA's efforts to gather data on PII claims patterns to help inform thinking on the PII regime. We look forward to investigating the data in more detail.'

http://www.hertslawsoc.org.uk/

13 ▲

Editorial Featured Article

Why Should Solicitors Network?

Michael Scutt is a Partner and Head of Employment and Dispute Resolution at Welwyn Garden City based Crane & Staples. He is a regular networker and can often be found in coffee shops in the town. Below Michael discusses how all Solicitors should be personally involved in their firm’s business development initiatives and dispels some of the myths for reluctant networkers

T

he late Jack Cohen, founder of Tesco, had a motto inscribed on his tiepin: “YDDBSOYA”, which is an acronym for “You don’t do business sitting on your arse”. It's wise advice for any solicitor concerned with capturing new business.

Communication is Key The Hertfordshire Law Society AGM in November was followed by marketing guru Larry Cattle’s session on how law firms should inculcate a sales mentality in all their fee earners.

Business development is not an issue just for the Partners or the BD Director, but for everyone who is client facing.

Those firms with a clear business development strategy see significant increases in the amount of work that comes in, which feeds through to the bottom line. Remarkably, Larry Cattle’s recommendation for creating such a culture was to encourage fee earners to meet up with clients or contacts and drink coffee. Rather than Mr Cattle being on the payroll of Lavazza, the point he was making was the need for solicitors to communicate with the outside world and to find out what they wanted from their lawyers. Even existing clients need some TLC from time to time and new clients are much easier to find if you get out from behind your desk. It is also a truism that 80% of your business comes from 20% of your clients. Do those 20% know all the services you offer?

For some firms of course, those that I shall rather pejoratively call factories, churning residential conveyances or personal injury claims off their casemanaged conveyor belts, there may be different imperatives. The fee earners in those legal factories probably have enough work not to need to go out looking (although just what will replace whiplash claims?). However, for most

▲ 14

other established firms, even those highly specialised niche practices, you can’t rely on work just to keep rolling in. And for those new start-up practices there is no option but to get out and drink coffee, eat lunch, make presentations, and talk talk talk to anything or anyone that will listen.

“New clients are much easier to find if you get out from behind your desk”.

Building Trust Networking doesn’t have to be restricted to networking meetings. Over the years I have gained instructions from fellow parents on the football touchlines, from a charity in which I was personally involved and from school connections. Often these sources work well and for one central reason, namely trust. Jack Cohen was undoubtedly right in coining “YDDBSOYA” but he could also (and may) have said “PBP” or PDBWTTT”.

To decode, “people buy people” and “people do business with those they trust”.

That’s particularly an issue when you are out hunting business from new sources.

I regularly attend the same networking groups and it has taken a long time to develop strong connections with the other businesses in the room. My area of practice, employment and dispute resolution, is not one that lends itself to multiple instructions from the same people (unlike property, for example). However, you are not trying to sell to the people in the room – it is their contacts and customers you are seeking to reach, and the more your direct contacts come to trust you, the more likely they are to put your name forward when they get asked "do you know a good solicitor who does..."

How can you help?

The most important message to get across at networking meetings is to express clearly and concisely how your business can

help that person. Do you know what your business is about? What is the aim of it?

The problem that many people fall into (especially solicitors) is to simply list their services, in legal jargon. Will a lay-client be impressed by the boast that you've had ten cases in the Court of Appeal in the last three years? Can you assume lay people know what litigation is? At least dispute resolution gives an insight into what you’re trying to achieve. Most non-lawyers at networking meetings will assume you know the law, what they want to know is how you can apply your knowledge to solve their problem. It’s how you apply it to get to the solution they want that matters.

Briefly, here is my guide to good networking 1. Listen. Find out about the other person’s business. Apart from being good manners it also gives you an opportunity to assess whether this is someone whose details you need to have on speed dial or filed away for a rainy day.

2. Don’t sell. Ever.

3. You get out what you put in – find a networking group that you like and stick with it. Be a regular attender; get known and trusted.

4. Interact. If you know a decent plumber/ electrician/accountant/IP lawyer, pass on their details to the life coach or the Utility Warehouse representative. Even if you get no benefit from that referral you will be thanked and get known as a useful person to deal with.

5. Know how your business can help others – what exactly is it that you do? Boil that down to a 60 second summary.

Above all, be human and enjoy yourself.

At networking meetings most people want to have a companionable and engaging time.

Hertfordshire Law Society Gazette

Membership

Meet new council member Steve Hamilton An Introduction to New Council Member Steven Hamilton, Taylor Walton LLP

I

am delighted to have been nominated onto the Council of the Hertfordshire Law Society (HLS) and to have this opportunity to tell you a little more about myself.

I have worked in Harpenden at Taylor Walton for just short of a decade now, and I still very much enjoy working with clients from the local area and meeting fellow solicitors who continue to motivate me on a professional level with their competence and breadth of experience. I am similarly greatly looking forward to getting to know my fellow HLS council members and sharing good practice.

I studied Law and Criminology at University with the original intention of pursuing a career in the police. However, during my studies I was lured to ‘the dark side’, and found that I had a more natural aptitude for the more technical side of law, and from there I went on to complete my Legal Practice Course (LPC). My training contract was with a regional firm in the North Hertfordshire and Central Bedfordshire area. Upon qualification in 2007, I joined my current firm, Taylor Walton, in the Private Client department and was subsequently made a partner in June 2016.

In my current role as a Private Client practitioner I advise individuals on a range of important issues including lifetime tax planning, succession planning and will drafting, probate and complex estate administration, trust administration, powers of attorney including lasting powers of attorney and court of protection matters.

My role involves providing legal advice on inheritance tax, preserving assets for future generations, business protection and succession planning. Many of my clients are high net worth individuals and families who own assets in the UK and around the world and also include business owners and farmers.

I also regularly act in conjunction with my firm’s Property team in connection with drafting complex declarations of trust and secured loan agreements, and also our Family and Litigation teams to ensure that clients are provided with a comprehensive service across a wide range of complex issues.

Of late I have also developed a keen interest in charity law issues, including the creation of charities and advising trustees on governance issues and trustees' on-going duties.

I put myself forward to be a member of the HLS Council at the end of last year following a recommendation by a colleague partner at Taylor Walton and former President of the Society, Richard Atkins.

http://www.hertslawsoc.org.uk/

I am looking forward to getting to know members of the society, developing a better understanding of our great profession, and working with fellow council members to represent the voice of Hertfordshire practitioners at a national level.

E: Steven.Hamilton@taylorwalton.co.uk

Expert Witness Feature

T

his issue East Park Communications feature a number of advertisers and articles to accompany the piece by Phillip Taylor MBE on the 2016 EWI Conference. Included are a topical analysis of the role played by physical and psychological cues in paternity testing by Kate Donkin and Neil Sullivan of DadCheck Gold, and a fascinating look into the interface between the role of Expert Witness and Cultural Tranlator by the Reverend Dr Carrie Pemberton Ford.

THE HAMPDEN CONSULTANCY Building services (M&E) consulting engineers ---------------------------------------------------------Specialisms include: Heating installations Hot & cold water services Chilled water & condenser water services Ventilation & air-conditioning systems (including issues pertaining to operating theatre suite ventilation) Thermal insulation (in respect to its selection & application to mechanical engineering services) Testing & commissioning of mechanical engineering services Maintenance of mechanical & electrical engineering services (or rather the lack of it!)

Preparation & application of contracts or sub-contracts, in respect to both the installation of mechanical & electrical engineering services and/or the maintenance thereof Professional negligence claims involving M&E consulting engineers Statutory and/or regulatory compliance issues Design audits Due diligence reports Condition surveys & reports Expert witness reports Acting as a Single Joint Expert ---------------------------------------------------------41High Street, Prestwood, Great Missenden, Buckinghamshire, HP16 9EJ Tel: 01494868868 Fax: 01494866775 Mobile: 07768497005 E-mail: expert@thehampdenconsultancy.com Website: www.thehampdenconsultancy.com

15 ▲

Editorial Conference Report

EWI Conference 2016

Insight and Controversy: Expert Witnesses Kick Off Autumn Conferring at the Cutting Edge Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers review one of the highlights of the recent conference season... the 20th Annual Expert Witness Conference at Church House, Westminster.

F

or lawyers in England and Wales, autumn is the contemplative ‘season of mists and mellow fruitfulness’ that also heralds the advent of what is becoming known as “The Conference Season”, during which time there are conferences galore.

For at least the last couple of decades, these annual events have become almost an essential part of a wellrounded, grounded - and well-informed professional life. So political animals generally gravitate to the various party conferences – Labour, Tory, LibDem, Green - take your pick. And for members of the Bar, there’s the must-go-to Bar and Young Bar Conference in London.

If you’re a keen conference goer, you’re the sort who inevitably appreciates the opportunities to tap into what’s happening now in your field… what’s happening next… what should be happening, but isn’t – and why and what you can do, or should do, or shouldn’t do about it. And generally you have opportunities to meet many of the main players in your areas of interest and participate (or not) in the usually sharp controversies of question and answer sessions.

However, there is one conference that often doesn’t turn up all that prominently in the purview of the typical reader of ‘The Barrister’ and that is the annual Expert Witness Institute (EWI) Conference.

Held in the central but sequestered and leafy, rather collegiateish location of Church House in London – a stone’s throw from Parliament – this conference is where lawyers can garner important insights into the role and challenges facing the expert witness in court and where expert witnesses can meet and greet each other as well as the lawyers who instruct them.

This article is written in the hope and

▲ 16

expectation that the profile of the EWI will be significantly raised. If you are a lawyer frequently (or even infrequently) engaged in trials requiring expert evidence, you need to know more about the EWI - and attendance at this conference does provide the ideal opportunity to do so, and it is a fun event.

Lord Kerr Lord Kerr

Amanda Stevens

A deep pool of talent The recent EWI Conference of 2016 marked the 20th anniversary of the EWI Conference, and very well attended it was. It was in effect a demonstration of its standing, its burgeoning influence and the pool of talent that sustains it.

The roster of distinguished speakers consisted mainly of lawyers, (some transatlantic) legal advisers and members of the judiciary, including for example, Supreme Court Justice, Lord Kerr.

Amiably chaired by EWI Governor Amanda Stevens, the Conference proceeded apace, with speaker after speaker imparting much useful, insightful and sometimes controversial comment on the future of the justice system in general and the varied role of the expert witness in particular.

Lord Kerr and Dr John Sorabji, who can reasonably be referred to as the keynote speakers, made some memorable points.

‘It is a given’ remarked Kerr, ‘that the role of experts in our legal system is indispensable’, later adding that ‘the relationship between the decision maker and the expert witness can be a delicate and difficult one’!

He went on to say that ‘there are many spheres of legal activity where expert evidence has been pivotal to the outcome of contested and even compromised, litigation. In over twenty years as a judge, I have heard countless cases in which the result has been heavily influenced by the evidence given by impartial, distinguished experts, either in written reports or in oral testimony.’

He elaborated further on the complementary nature of the respective roles played by the expert and the tribunal of fact and (where possible) those roles must be clearly defined.

Interestingly, he quoted Lord Phillips in a 1997 case in which he observed that ‘when the scientist gives evidence, it is important that he should not overstep the line which separates his province from that of the Jury.’

Finally, Kerr reminded judges and jurors as well as experts, of the need to combine humility and assertiveness. ‘Humility’

Hertfordshire Law Society Gazette

• Fraud, including evasion of VAT and Excise Duty

• Directors misfeasance & disqualifications • Wrongful and fraudulent trading

• MTIC, advance fee and boiler room • Partnership and directors disputes • False accounting and money laundering • Business valuations • Charity, PAYE fraud and tax cheat • Mortgage fraud • Drug offences • Proceeds of Crime Act (POCA)

http://www.hertslawsoc.org.uk/

• Preparation of detailed reports which clearly set out the issues and conclusions • Assistance at Court including Expert to Expert consultation and giving evidence • Appointment as joint expert

17 ▲

Editorial Conference Report

EWI Conference continued... he said ‘will lead them to defer to each other when appropriate, while assertiveness should ensure they do so only when appropriate.’

Dr John Sorabji Dr. John Sorabji – ‘EWI in an Era of Reform.’

Another significant speech was delivered by John Sorabji, a regular friend to the Institute. As Senior Fellow UCL, Judicial Institute - and Principal Legal Adviser to the Lord Chief Justice and the Master of the Rolls, Sorabji covered a number of important points.

‘There are plenty of challenges and opportunities for all experts ahead of us because we’re still in an era of reform,’ he said, referring to the paper from the Lord Thomas and others, entitled ‘Transforming the Justice System.’ A document much discussed at all the recent legal conferences, it follows on from the ‘Reshaping Justice’ paper of two years ago on which Sorabji has acted as an adviser and commentator.

Sorabji also dealt with two further issues of contemporary note: the fixed costs regime and ‘hot tubbing’ – the latter being the hot topic du jour of last year’s EWI conference (and before). It may have

▲ 18

cooled down a bit since then, but it does refer to the use of concurrent evidence, which appeared in England and Wales around 2005, having originated as an import from Australia the same year. ‘It does not save costs’ warned Sorabji, even though, in the experience of most of the delegates, it does make the proceedings of the court easier to follow.

All the speakers who followed touched on a number of the core issues involved in identifying - and elaborating on - a number of pitfalls inherent in the role of expert witnesses and their relationship with the lawyers who instruct them. For example, Professor Stephen Mayson, of the Centre for Ethics and Law at the Faculty of Laws, University College London, spoke on the ever-changing face of the legal profession - in which practitioners must contend with national and global as well as local, competition… plus the new regulatory framework created by the Legal Services Act… and the relentless rise of the consumer – and more.

which apparently is no more than a mere estimate.

‘Two years older than Google’ some words from EWI’s fourth Chair What followed on from this cautionary yet optimistic message were some words from Sir Anthony Hooper QC, who is the EWI’s fourth Chair. In celebration of the EWI’s twentieth anniversary, he encouraged members to raise the profile of EWI for members present and future.

‘What a Year!’ he declared, ‘twenty years old -- we’re two years older than Google! And we are doing what we should be doing as an Institute.’

Sir Anthony also mentioned the increase in online teaching carried out by the EWI in such jurisdictions as Singapore and remarked about the fact that EWI membership has now ‘topped the thousand mark’, although the EWI still actively seeks new members particularly in forensic science as it grows.

As a final point, Sir Anthony referred to the decision in Kennedy v. Cordia heard on 10th February 2016, a leading case heard recently in the Supreme Court. Regarded as pivotal, the case highlighted and examined the role of the expert, thus creating a singularly important statement on the role and

Having advised barristers’ chambers, law firms and government departments worldwide, Mayson has also appeared as an expert witness himself on law firm management in proceedings before the Solicitors Disciplinary Tribunal. All this and the impact of alternative business structures has created tensions, but it’s not all bad out there. The market for legal services is huge and continually expanding with a total value of £30bn annually,

Hertfordshire Law Society Gazette

Conference Report

duties of expert witnesses. As Sir Anthony reminded delegates, the primary duty of the expert is to the court, but there is also the duty to the client. Furthermore, the issue of impartiality should always be uppermost.

Eat the Frog First: a Plea from Across the Pond Make what you will of the whimsical title, but this speech was deadly serious and presented with verve and vigour by the transatlantic duo of Alan Anderson and his forensic accountant associate Carol Ludington. Having acquired degrees from Cornell University also a PhD from King’s College, London, Minnesota-based trial lawyer, Alan Anderson has been – among his lengthy list of credentials – included in The Best Lawyers in America in intellectual property litigation since

http://www.hertslawsoc.org.uk/

2010 and there are a number of other strings to his formidable bow.

Basically their presentation centered on the warning that ‘questions that fall within the purview of experts often are left until the end of preparations, or deferred entirely’ – and that ‘a reluctance to engage expert witnesses early in the dispute resolution process… often results in poor decisions or a less than desirable outcome.’ In other words, brief your expert witness sooner than later, or you might be in for a spot of bother.

You have been warned.

Lawyerly debate Sadly, space limitations rather rule out further detailed descriptions here of many of the other conference speeches, some of which dealt with highly specialised topics. Suffice to say, however, that the EWI Conference

as a whole was distinguished in particular, by useful, organized, highly professional and high quality debate, lawyerly in tone and content because it was led largely by lawyers - and punctuated with question and answer sessions that were illuminating and challenging.

So later this year - only a few months hence - when autumn leaves drift past your window – and the start of the legal term looms - plan to take in a conference or two. The networking opportunities are first class and the food isn’t bad either, especially at the EWI Conference, which you really must make a note of in your Chambers diary.

In the august yet convivial precincts of Church House, there will be much that you can learn to your advantage, so do come next year!

19 ▲

Editorial Expert Witness

He has his father’s nose… certainty, the degree to which you believe you and your child to be biologically related.

“Y

ou have your dad’s eye’s”, “your mums smile”, “and your grandfather’s ears”… We’ve all heard comments such as these; but do they have any basis in fact when attempting to assert paternity?

As a leading DNA testing company dealing with hundreds of paternity cases every year, these types of comments often are posed to us.

These are generally by associated adults (parents and grandparents) who wish to emphasise a connection with a particular child. But can physical resemblances or indeed personality similarities be a reliable indicator of a biological relationship or is it just a case of “seeing what we want to see”?

Upon the arrival of a new born baby or seeing a young child out with a parent, family and friends will often instinctively mention resemblances between parent and child. This deeply ingrained “social mirror” enables parents to rely upon the resemblances seen by others as a reassurance of parenthood. It leads to varying degrees of parental investment: the expenditure and resources parents invest in their offspring to ensure their survival and success, which can often be at the cost of their own reproductive success.

First to note is that this is not a new approach to the paternity issue.

Questions of “likeness” amongst kin were considered by Pythagoras, Plato and Aristotle; the latter first noted bilateral heredity (that characteristics can come from mother and father) and interestingly, that characteristics could also skip a generation. These likenesses between parent and offspring help to reaffirm parental

▲ 20

In general, mothers are more certain of paternity than are fathers.

Before the advent of paternity testing (historically using blood typing through to today’s sophisticated and highly accurate DNA testing), alleged fathers could only rely upon the social mirror to establish paternity, which of course is fraught with potential arguments and doubts. Mothers, in general, are keen to affirm the social mirror, whereas fathers are programmed to question it.

In order to establish parenthood using the social mirror, fathers must rely upon the faithfulness of the mother. As a result, fathers tend to place credence upon the physical likenesses and behavioural similarities that they believe they share with their child to affirm their biological relationship. These claimed resemblances impact the father ’s parental investment decisions, as he is more likely to invest in a child to whom he believes he is genetically related or with whom he shares similar characteristics.

Mothers are less dependent on physical cues as an indicator of biological relatedness as in general, they do not need to be convinced of maternity. Instead, mothers tend to notice psychological similarities with their child such as likenesses in personality and are inclined to use family resemblances to their own evolutionary advantage. They may for example, use the presumed likenesses and similarities between alleged father and child to reinforce discussions surrounding paternal certainty. These claimed resemblances then serve to persuade the father of parenthood, which in turn ensures paternal investment for the child, thus increasing both the child’s chances of success (vs. peers) and the mother’s reproductive success.

Unfortunately, this also has undesirable

consequences for the male who has been cuckolded into raising another man’s child since it has the effect of reducing or indeed eradicating, their own genes from the gene pool.

This issue has never been more alive than it is today, as there has been a shift from social affirmation to social nonaffirmation largely as a result of the use of social media. For example, comments posted on Facebook make the social non-affirmation very public, whereas before the advent of social media it was more likely contained to a close group of friends or family. This public display of clues to either paternity or non-paternity has the effect of raising the stakes for mother, alleged father, rival males and associated social destabilisers (who may have a variety of motives). To gain certainty and quell rumours, individuals often turn to a DNA test as the only means of delivering parental certainty.

The question of paternity may then spill over into the legal/social services sphere as a tactic in family disputes, where one or more party is trying to reduce their responsibilities or undermine another ’s position with respect to parental investment or indeed, vice versa. “More or less” parental investment is a key driver in the resolution of the dispute and a DNA based paternity test becomes a crucial piece of evidence providing clarity where only doubt existed before.

The social mirror in the context of today’s society can be a dangerous weapon, but is one that can be effectively countered by use of an unequivocal paternity test from an accredited DNA testing company such as our own.

Ms Kate Donkin (Psychology Intern) and Dr Neil Sullivan, General Manager.

Both of Complement Genomics Ltd, trading as dadcheck®. www.dadcheckgold.com sales@dadcheckgold.com 0191 543 6334

Hertfordshire Law Society Gazette

Expert Witness

H

http://www.hertslawsoc.org.uk/

21 â–²

Editorial Expert Witness

Human Trafficking: Expert Witness and Cultural Translation Revd Dr Pemberton Ford has been working in the field of human trafficking, migration and asylum services, cultural inclusion and gender equality advocacy over the last two decades.

A

Senior partner in IbixInsight LLP, a consultancy specialising in diversity, equality and social inclusion training, Carrie brings expertise in cultural translation, and human rights based welfare compliance alongside being a respected expert in the complex challenges arising in Human Trafficking cases.

Respected Expert Witness Her particular expertise is around long term recovery issues, assisting with understanding challenges around ‘indebtedness’ and intimidation, and the challenges of reintegration and repatriation.

As an Expert Witness a recent success has been to have contributed to a change in Home Office Country Guidance, in relation to a particular area of specialism in West African Trafficking.

She is an informed, compelling, independent and knowledgeable Expert Witness, with an authority based on a successful academic and professional career, spanning work in government advising as a Women’s National Commissioner, for over a decade consulting into various police forces on Human Trafficking, and emerging as a recognised leading voice in confronting Human Trafficking as the Director of CCARHT – the Cambridge Centre of Applied Research in Human Trafficking. She is the author of a number of high level, policy influencing reports and academic articles in peer reviewed journals on Human Trafficking indicators, risks to children, modes of recruitment and community facilitation.

In House CPD training provision Cambridge Centre for Applied Research in Human Trafficking has now teamed up

▲ 22

with IbixInsight research, to provide inhouse CPD and ILM accredited courses .

These are ideal for solicitors and para-legals to update their skills and competencies in this critical and fast moving sector of Legal protection and Home Office challenge.

Government, Justice, Immigration, Counsel and Modern Slavery Carrie advised on the Strategic Gold Group for the breakthrough Police operations countering Human Trafficking in 2005 and 2007 (Operations Pentameter).

With CCARHT Trustee and former CPS Director on Human Trafficking cases, Glyn Rankin, she chaired the Education and Research Stream for the UK Human Trafficking Centre which is now integrated into the National Crime Agency.

As the chair of the Women’s National Commission working group on Human Trafficking and Migration, briefing the Solicitor General and Home Office ministers on the realities and range of Human Trafficking in the wake of the newly realised UN Palermo Protocol (which defines the contemporary offence of Human Trafficking in International Law). Carrie has worked in a number of international contexts including D.R Congo, Republic of South Africa, India, Poland, Belgium, Canada and the former Yugoslavia and has a new research portfolio working with the current challenges emerging from SubSaharan/ North African / Mediterranean migration. She is an adviser to UNITAR

in identifying Human Trafficking risks in contemporary areas of conflict.

CAMBRIDGE CENTRE FOR APPLIED RESEARCH IN HUMAN TRAFFICKING (CCARHT.org) CCARHT’s internationally recognised annual Summer Symposium and Summer School brings together academics and practitioners from across the world. Work includes disclosing the finer distinctions of Organised Criminal Networks and Organised crime groups, challenges facing

Hertfordshire Law Society Gazette

Expert Witness

return and the risk of ‘refoulement’, the practices of exorcism, witchcraft and abuses in African traditional religion corralled into control mechanisms, International and inter-regional Trafficking in MENA, and particular regional expertise developed in West African Trafficking networks, and a full appreciation of the requirements of UK Modern Slavery legislation.

Carrie is a much sought after researcher, speaker, and consultant in all of these areas and is delighted to assist teams in clarifying the issues at stake.

The recent Expert Witness contribution from Carrie, which stimulated a change in Home Office country guidance, has improved the chances of those surviving the several ordeals of trafficking to find justice and safety in the UK after years of brutalization. Do be in contact if either some in House Training, or a piece of

http://www.hertslawsoc.org.uk/

ExpertWitness@ibixinsight.com Cambridge CB21 6DD

Expert Witness work in this arena would be of assistance to your firm.

Contact details Get in touch for a free initial consultation for a client you think could be assisted

CCARHT is an independent research centre which facilitates a multi-agency, cross departmental and inter-university research effort to respond to Human Trafficking in all its global and local realizations. For CPD credited courses for your legal Practice in Human Trafficking 101 or to develop a symposium for an area of policy development, please be directly in touch with Carrie@ccarht.org

Dr Carrie Pemberton Ford CCARHT Cambridge Centre for Applied Research in Human Trafficking Carrie@ccarht.org / carrie@ibixinsight.com 01223 891765

23 ▲

Advertorial

Cyber Crime – What is our exposure?

F

or many Law firms across the UK, the first quarter of 2017 will be a time for budgeting and reviewing the opportunities and threats presented to the firm. One such threat which continues to be reviewed by many firms is the risk of a “Cyber-attack”.

The threat of a Cyber incident is current and it is real. Should you become a victim of an attack it will have a financial impact to your business, so why not hope for the best, prepare for the worst!

Whilst we can’t always predict the future, we can plan and make preventive steps. Dependent on your attitude to risk, the inevitable cost to your business would be either pre-emptive or reactive:Pre-emptive; Cyber Crime Insurance Premium?

IT Protection Cost?

Fraud Prevention Training?

Reactive: Cost of IT Specialists??

Cost of Ransoms through Ransomware??

Cost of Reputational Damage??

Cost of Business Interruption??

Each of the above have a varying financial impact, however it is only the pre-emptive measures that you can financially control.

The fact remains, most Law Firms are dependant on their IT providers to ensure they have adequate security, but do they guarantee support if your systems are breached? Is it complimentary, or would they charge? We have seen scenarios where a firm has to spend tens of thousands on recovery. The effort and, most crucially, the time involved to retrieve, repair and cleanse your system could be severe.

Should you take the decision to transfer some of the risk via a Cyber insurance policy,

http://www.hertslawsoc.org.uk/

it is vitally important that you are fully aware of exactly what is covered and, crucially, what needs to happen to “trigger” that coverage.

There are various policies within the marketplace, not all necessarily provide the protection the policyholder believes they do.

Certain Cyber insurance policies are structured to offer a suite of breach response services that are so crucial when the firm falls prey to a Cyber incident. The policies will pay for the IT forensic investigation costs needed to determine what information has been compromised and look to remedy the problem.

Furthermore, there is also the support of a PR company. They serve the purpose of helping the firm manage any adverse media that may occur – this is becoming far more pertinent in the ever-increasing social media world in which we live.

Access to specialist legal advice should also be available. This will help in the process of deciding whether or not you should notify affected clients, the regulator and the police.

Extending Privilege to the proceedings is vital, as well as preserving evidence for any future criminal investigation.

Look at the period of Insurance and whether it covers prior incidents. Malware and other Viruses can sit in your systems for weeks, months or even years. Have your systems already been breached? How would you know? Look for retroactive cover. This would give you the comfort that the unknown is covered.

In our opinion relying on your Professional Indemnity to respond appropriately to a modern Cyber-attack may not be the best approach as the policy was not designed to respond in this way. A specialist Cyber insurance policy should be considered and potentially structured to sit as First Response or Primary Layer cover to not only first party claims but also third party, if possible.

Have you asked yourself these questions?:• Are you ready for a breach – do you know how you’ll respond?

• Do you have a Business Continuity Plan and a Cyber Plan – have you tested it?

• Have you considered what to do in the event of a ransom demand?

• Would you know what to do to preserve the scene ahead of any police criminal investigation?

• Do you know how the GDPR will affect your business in 2018?

At the other end of the size scale is the ongoing “phishing” and “whaling” fraud through the use of Social Engineering which continues to burden finance teams in all organisations. Professional Service firms have suffered heavily from this type of attack vector. This was highlighted by a recent survey undertaken by the UK accountancy firm, Hazlewoods. The survey concluded that “phishing attacks” against professional service firms were up 40% in the past 12 months.

Cover for Cyber theft of money from “phishing” and “whaling”, such as highlighted above, is still available from some Cyber insurers however it is generally sub-limited and remains under review.

With all of these questions, you should be seriously considering purchasing a Cyber insurance policy. At the very least, you should complete a Cyber insurance Proposal Form, as it would provide a good gap analysis to your business.

Lee Catling Vice President, Professions/Risk Solutions A division of Lockton Companies LLP Lee provides day to day guidance on all issues affecting Law firms from PI insurance to other related topics.

LC has over 25 years’ experience in the industry having come from the Solicitors Indemnity Fund. Lee joined Lockton, formerly Alexander Forbes in 2003 in the Professions Division and is a Vice President with the Solicitors team. Specialist Experience - Professional Indemnity, Cyber Liability, D&O, Keyman, Contingency Insurances.

25 ▲

Editorial Advertorial

Flood risk – are you getting the full picture?

T

he risk of property flooding often crops up in conveyancing articles but, when we look at the pattern of conveyancing searches our clients are ordering, we notice that around 80% of orders we receive do not include a thorough flood assessment and details on insurability.

Law Society Practice Note The Practice Note on flood risk was updated recently (February 2016) and full details can be found on the Law Society website.

The Practice Note highlights that different parties will have different appetites for risk, but that conveyancers should consider: 1. advising the client to establish the terms on which buildings insurance, including flood risk cover, is available; 2. advising the client to discuss the level of risk with a building surveyor or flood risk assessment consultant.

Ensuring that you have the full picture on flood Confusion about the thoroughness of information can arise because a number of different searches include details on property flooding. The information provided ranges from basic flood screening as part of an automated environmental report, through to a full assessment, insurability and consultant opinion in some of the standalone flood reports and more comprehensive environmental reports.

Please see the table below for a summary of coverage in a number of different residential conveyancing searches: SEARCH

FLOOD SCREEN

FLOOD RISK ASSESSMENT

INSURABILITY STATEMENT

CONSULTANT OPINION

Landmark Homecheck Pro Environmental

✓

Landmark Envirosearch Residential

✓

Landmark Homecheck Professional Flood

✓

✓

✓ (risk model)

Landmark RiskView Residential

✓

✓

✓ (risk model)

Argyll SiteSolutions Residence

✓

✓

✓ (fully manual)

Groundsure Homebuyers

✓

✓

✓ (risk model)

Groundsure Flood

✓

✓

✓ (risk model)

Groundsure HomeScreen

✓

Note: risk model opinions are automated, whereas a fully manual opinion denotes that the information is manually reviewed by a consultant.

Identifying the likelihood of risk The Geodesys website provides you with a search alert tool that screens properties and land for all conveyancing risks. If there is a likelihood of flooding, then suitable recommended searches will be highlighted within the Geodesys product list to aid conveyancers in their choice of search.

For further details on the different levels of residential and commercial flood information available please talk to Geodesys Customer Services on 0845 070 9109.

▲ 26

Hertfordshire Law Society Gazette

Editorial AGM Notice

H

A

year has now passed since I took

Now, however, feels like the right time for many of us

â–˛ 28

Hertfordshire Law Society Gazette

Advertorial

The Folly and the High Fees

Latest study suggests trustees should revisit their investment strategies.

T

he Financial Conduct Authority’s (FCA) latest report suggests that the season of goodwill does not extend to the asset management industry. The “asset management market study” examines the performance of UK fund managers, shining a spotlight on fund charges, fund performance and competition. The results are scathing, concluding that the £7 trillion industry is failing to deliver an adequate service to its investors.

In summary, the FCA’s main points are these: • Actively managed funds offer limited competition on price. The implication is that investors often pay over the odds, and the costs are not justified by higher returns.

• The sector shows a high degree of ‘price clustering’, with the implication being that actively managed funds are too expensive.

• Passively managed funds generally offer better performance with lower fees.

• Fund objectives are not always clear.

• Economies of scale are often not passed on to the consumer.

• Performance is not always reported against a suitable benchmark, making it harder for investors to know if they are truly receiving good value.

The FCA has zeroed in on what it perceives as a lack of transparency.

It is hard for investors to tell whether the fees they are paying for actively managed funds are justified. Taken together with the industry’s high profits and the clustering of prices, the insinuation that hangs over the report is that investors are being exploited.

The report’s potential impact is far-

http://www.hertslawsoc.org.uk/

reaching. Trustees in particular, need to be confident that the funds they invest in are truly as suitable as they appear to be, or they themselves risk accusations of not fulfilling their duty of care. It is vital that they receive proper advice from an investment professional when reviewing the trust’s assets in light of the FCA’s new findings.

The scathing criticism of activelymanaged funds, and their unfavourable comparison with passive funds, should prompt investors to review their investment strategies. The report’s claim that the fees incurred by activelymanaged funds are ‘not justified by higher returns’ will herald a significant shake-up in how individuals, trustees and pension funds choose to invest.

In particular, the FCA’s finding that a market-tracking passive fund could outperform an active one by 44 per cent over 20 years, due to lower charges, is damning.

In our experience, actively managed investment solutions lead to less predictable and less consistent fund performance. Just because portfolios can be frequently changed to react to prevailing market conditions, it doesn’t mean that they should be. It is not easy for an actively managed fund to consistently outperform the market as a whole, but its increased levels of fees (relative to a passively managed fund) will definitely create a significant drag to the fund’s performance. It is important to always keep an eye on the big picture and remember that we are investors, not speculators. As unfashionable as it may sound, the most consistent method for delivering steady, risk-controlled returns is to choose a low cost, diverse long term strategy and then stick to it.

At Provisio, we have employed this strategy since 2008 and have built up a track record of delivering consistent, risk controlled investment returns. By focussing on long term asset allocation weightings and aiming to keep fund

costs as low as is reasonably possible, we tend to outperform most actively managed funds over most investment periods. Of course, such performance can’t be guaranteed in the future, but it is reasonable to expect that this method is likely to deliver suitable returns for long term investors. As such, trustees should seriously consider low cost passive strategies for their assets.

The traditional premise that active fund management will deliver superior investment returns has been proved to be folly. Active funds may or may not perform better than passive funds, but they will definitely cost significantly more. The quandary for investors is knowing which actively managed funds are worth paying for and which are not. This is a problem that even the three wise men would find challenging to overcome. One solution would be to ask Father Christmas for a time machine. Another would be to seriously consider low cost passively managed funds when reviewing investment strategies.

Philip Bailey pbailey@provisio.co.uk Provisio Wealth Management IMPORTANT INFORMATION WHILE A REASONABLE COURSE OF ACTION REGARDING INVESTMENTS MAY BE FORMULATED FROM THE APPLICATION OF OUR RESEARCH, AT NO TIME WILL SPECIFIC RECOMMENDATIONS OR CUSTOMISED ADVICE BE GIVEN, AND AT NO TIME MAY A READER BE JUSTIFIED IN INFERRING THAT ANY SUCH ADVICE IS INTENDED. ALTHOUGH THE INFORMATION CONTAINED IN THIS DOCUMENT IS EXPRESSED IN GOOD FAITH, IT IS NOT GUARANTEED. PROVISIO WEALTH MANAGEMENT WILL NOT ACCEPT LIABILITY FOR ANY ERRORS OR LOSS ARISING FROM THE USE OF THIS DOCUMENT.

29 ▲

Editorial Charities

Research sheds new light on charitable legacies N ew research launched today at the Law Society provides valuable insights into how solicitors can help their clients use their wills to support charities.

Commissioned by Remember A Charity and conducted by the Behavioural Insights Team (‘Nudge Unit’) and the University of Bristol, the research has examined the way that solicitors raise the issue of clients leaving money to charity in their wills. It highlights the impact of different approaches and how these produce different results in charitable giving.

The research was conducted using randomised control trials in eight firms of solicitors around the United Kingdom. It tested a range of ways of raising the subject of charitable giving, and shows the different results that each produces.

‘Writing a will is an important step in ensuring that the people, and causes, we have cared about will be properly looked after when we pass away.’ said Law Society president Robert Bourns.

Findings of note from the report include that: • Solicitors felt able to raise the issue of leaving money to charity in discussions with their clients comfortably and appropriately • Clients who were told that many people bequest money to charity in their wills were 40 per cent more likely to do so themselves when writing their first will, and • Clients with families may be more inclined to leave a legacy when asked if they wanted to leave to charities that their family had previously supported or benefitted from.

‘Solicitors have a vital role to play in this process, using our legal knowledge and experience to give our clients the reassurance that their wishes will be properly carried out. This research makes an important contribution in helping solicitors think about how we give our clients the best possible support and service in the willwriting process.’

Rob Cope, director of Remember A Charity, said: ‘Legacy giving has become increasingly important to UK charities in recent years, generating around £2.5 billion for good causes annually and its impact on charitable services is immense. But, despite being a highly philanthropic nation, a relatively small proportion of people leave a charitable bequest in their will.

▲ 30

‘Many simply don’t realise that legacy giving is an option for them; that they can provide for family and friends and still have the opportunity of including a charity if they wish to do so. The role of legal professionals is crucial in making clients aware of all the opportunities they might want to consider when writing a will.’

The research also surveyed the public on their views about solicitors raising the issue of leaving to charity when helping a client write their will. This survey showed 69 per cent of people indicated that they would be happy for their solicitor to raise the issue, and 46 per cent thought a solicitor had ‘a duty’ to raise the option of such a legacy giving when discussing a will.

‘We know that there’s a big gap between the 35 per cent of people who say they want to leave a charitable legacy in their will and the around six per cent of people actually do,’ said Robert Bourns.

‘By improving our understanding of how to raise this important question, solicitors will be better equipped to assist our clients in drafting a will that properly reflects their wishes.’

Hertfordshire Law Society Gazette

WELWYN GARDEN CITY GOLF CLUB

... the best kept course in Hertfordshire

Fun, friendly, sociable club, offering competitive Corporate Membership Package.

Corporate Membership Offer of £2500 (2 bearer cards) or £5000 (4 bearer cards)

• No Joining Fee • 2 or 4 cards where corporate members can use their cards to enable clients and employees to play golf • Further discounts available on guests green fees (conditions apply) • Use of Club Practice Facilities • Use of Club Social Facilities • Includes Corporate Golf Day with an allocated number of green fees free of charge • Free Clubhouse Hire and Meeting Room Hire (excluding food and beverage) WGC Golf Club, Mannicotts, High Oaks Road, Welwyn Garden City AL8 7BP Contact: David Spring, General Manager t 01707 325243 e david@wgcgc.co.uk

w www.wgcgc.co.uk