President Steve Hamilton Taylor Walton LLP (Harpenden)
Private Client
Vice President Diana Kirsch
University of Hertfordshire (Hatfield)
Hon Secretary and Treasurer
Judith Gower
Hertfordshire County Council
Immediate Past President
Neil Johnson
HRJ Foreman Laws (Hitchin) Civil Litigation
Marilyn Bell SA Law (St Albans) Family
David Bird Crane & Staples (Welwyn Garden City)
Private Client & Trusts
Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner
Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation
Jessica Moseley
Debenhams Ottaway LLP Probate and Trusts
Dilpesh Shah Pellys Solicitors Limited Property & Commercial
Claire Sharp Debenhams Ottaway (St Albans) Private Client
Christiane Colborn Elite Law Solicitors
Penny Carey (University of Hertfordshire)
Nicola Smyrl of Taylor Walton (Luton and an Employment Lawyer)
(From January 2022 until 31 December 2023)
Laura Woolard of Taylor Walton (St Albans and a Family Lawyer)
Kirsty Richards of National Legal Service (Family Lawyer)
Massimo Trebar of Lawtons (Criminal Lawyer)
National Council Member
Josephine Duchenne National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)
Relationship Manager – East Jack Dunkley
Parliamentary Liaison Officer Judith Gower
As I come to the end of my term as President of the Hertfordshire Law Society, I would firstly like to again say a huge thank you to all of the committee members for their continued support and hard work. In particular, I must thank Judith Gower and Diana Kirsch who have worked tirelessly as Treasurer and Honorary Secretary and Vice President, respectively. A big thank you also to Jeremy Chandler-Smith in continuing to deliver fantastic content for the “Hertfordshire Law Society Gazette”.
I have thoroughly enjoyed my role as President and have tried to attend as many functions and events as possible. I have to admit that I would have liked to have done more (had it not been for clashes and other demands on time) but I do intend to remain an active member of the HLS committee (if Diana will have me!) and to continue to promote the Society and would encourage other members to become more actively involved.
Since my last report I have attended both the Local Law Societies Conference and the Southern Area Association of Local Law Societies (SAALS) in July. In respect of the latter, Lubna Shuja (Vice President of the Law Society of England and Wales) was in attendance and gave an update of the major issues from Chancery Lane. In particular, that the Law Society continues to work tirelessly to mount pressure on the government to provide a meaningful increase in criminal legal aid rates, which has not happened in 25 years. Under current government proposals, solicitors are set to receive only a 9% increase to criminal legal aid funding – 40% less than the bare minimum identified as necessary to keep the system going.
The July SAALS meeting was particularly moving this year as it was the setting for saying goodbye to a SAALS stalwart, Andrew Caplen. Andrew is a past President of the Law Society of England & Wales and a long term representative at SAALS, for the past five years he has served as the Honorary Secretary. On behalf of the Hertfordshire Law Society I would like to thank Andrew for his years of dedicated service to the members of the profession and we wish him well. Andrew’s departure left a vacancy for Honorary Secretary (with very big boots to fill) but I am delighted to confirm that HLS’s own Paul Davies has taken up this important role and we wish Paul every success in his new position.
On the 4th September, a warm and sunny Sunday afternoon, I was delighted to be a guest at Sally Burton the High Sheriff of Hertfordshire’s Garden Party at the wonderful gardens of Knebworth House. Many distinguished guests and charities
were in attendance and we were treated to delightful food and drink and a fabulous performance by the Rock Choir.
Not long after I was also then privileged to have been invited to attend Hertfordshire Law School's graduation ceremony at St Albans Abbey on the 13th September, and a huge congratulations to all those students that graduated. We are so incredibly lucky to have the University of Hertfordshire on our doorstep providing skilled law graduates and post-graduates ready for legal practice. A huge thank you to all the staff at the University, and a big thank you in particular to HLS council members Penny Carey and Diana Kirsch who are Dean of the Hertfordshire law School and Associate Dean Enterprise, respectively.
I still have a couple of events to attend before I hand over the role of President. I am looking forward to representing the Society at the Berks, Bucks & Oxfordshire Law Society Annual Dinner on the 14th October and I look forward to seeing as many of you as possible for our AGM on the 22nd November.
It has been a pleasure and a privilege to hold the role as President and has been an opportunity that I never thought I would have. I would like to again convey my congratulations to Diana Kirsch as she takes over as a very deserving President.
I should also note with immense sadness the passing of Her Majesty Queen Elizabeth II. I am certain that we all appreciate her dedication to this Country over 70 years and on behalf of the Hertfordshire Law Society offer our deepest condolences to her family.
of the profession or the judiciary. All this while many practitioners, particularly those dealing with legal aid work, are struggling to survive.
My role as President of the Law Society will be to help our members to navigate and thrive in this difficult landscape whilst also ensuring that the rule of law is upheld, legislative changes are carefully scrutinised and anyone, regardless of means, is able to access advice from a solicitor.
During my presidential year I intend to focus on 5 key areas:
1. A leading and influential voice on justice, the rule of law and the value of solicitors
2. Professional ethics
3. Business support Listening to you
4. International promotion of the profession and jurisdiction
5. Diversity and progression within the profession and the judiciary
It is an absolute honour and a privilege to become the 178th President of the Law Society of England and Wales.
I take office at a time when we have a new King and a new Prime Minister. It is a time of momentous change and a degree of uncertainty.
Our profession continues to face many challenges - the cost of living crisis is impacting on members and their businesses; political criticism of the profession has sought to damage the reputation of solicitors; rights that are in place to hold power to account are being eroded; the geo-political situation is precarious; and the economy is still dealing with the after effects of the pandemic with the additional pressures of the energy crisis and labour shortages.
Mental health and well-being are priorities for many who are changing the way they work and, whilst we are seeing increasing levels of diversity at entry level, these figures are not translating across into the senior levels
A leading and influential voice on justice, the rule of law and the value of solicitors
Our profession has protected people’s rights for nearly 200 years, upholding the rule of law while maintaining the highest possible standards. Yet we have been criticised unjustly for doing what the law allows us to do. Our profession is one of integrity. We act independently and in the best interests of our clients within the legal framework. We hold those in power to account because that is what our justice system is renowned for – a fair and democratic legal system that provides a level playing field for everyone. The Law Society is steadfast in its defence of the profession, and as President I intend to champion the role that solicitors play to ensure the rule of law is upheld and that there is access to justice for everyone regardless of their circumstances.
As President I intend to develop our understanding of the public’s perception towards the justice system and take steps to shift attitudes in favour of the rule of law. Law impacts almost every
aspect of life, and solicitors are key to keeping communities and businesses going by upholding justice and fairness. Yet all too often the rule of law seems disconnected from peoples’ day to day lives, and the general public often do not consider the importance of it until they unexpectedly need legal advice. The justice system is an economic powerhouse, but its economic, social and cultural contribution is often undervalued. As President I will lead a project to reframe how we speak about the rule of law so that people better understand, and value, its fundamental contribution to our society. This ambitious work will take time but shifting the public narrative in this way will demonstrate clearly and plainly – to the person sat in a solicitors’ office and to the highest levels of decision-making – the vital importance of an effective justice system and the professionals that work within it.
I also plan to do public legal education during my presidential year – to talk directly to the public about justice and why it is important. I will raise the profile of solicitors, talk about the value that solicitors bring to society, to the economy, and generate public discussion and debate on why the rule of law is so important. We are in the middle of a cost of living crisis and at times like these, the public must be able to easily access legal advice, support and representation. Being active in this space will help the public understand their legal needs and raise the profile of solicitors and the Law Society.
I have worked in the area of professional discipline and regulation for many years. Ethics is therefore a topic close to my heart. In my presidential year I want to open a wider discussion on the ethical challenges the profession faces.
Solicitors abide by strict principles and a code of conduct. Solicitors are expected to have integrity and be independent. They act in accordance with the laws
democratically set by Parliament. They also have a role to ensure that governments act lawfully. Solicitors act in the best interests of clients and their primary duty is always to the court.
Yet parts of the profession have been unfairly criticised in the past for representing their clients and just doing their job. These criticisms have got louder in recent years. They have led us to ask many questions such asWho decides what is ethical? What does ethics mean in a modern world and how do we ensure all those who need legal advice can access it, no matter what they have done?
Solicitors are finding they must increasingly wrestle with environment, social and governance issues. Ethical issues are constantly evolving and public opinion is increasingly influencing the way we work and run our businesses.
In my presidential year I plan to launch a major focus on ethics in the profession to help members navigate this increasingly complex environment and to seek solutions to cope with the constantly changing narrative. This will be done through the use of roundtables, thought leadership events, articles and stimulating discussion across the membership.
I have always had a passion for promoting and supporting our members, our profession and the role of solicitors. This has been at the heart of all my work with the Law Society.
As President, I want to maintain a twoway conversation with the profession. I intend to continue to meet members across England and Wales, to continue listening to your concerns, your ideas and hear your feedback - whatever the size of your business, wherever you are based, whatever the stage of your career and whichever area of law you practise in. If it worries you, it worries
us. If it concerns you as a solicitor, it concerns us. Our job is to make your professional life easier, to address your issues, to hear your views and support you as best we can.
I intend to hold a regular virtual “President’s Surgery”, open to all members. In addition to this, I will take “The Law Society Roadshow” to as many of our regions as possible to meet and speak to members face to face.
I strive to be a passionate voice for all our members, whether they work in private practice, in-house, in commerce, independently or in the public or voluntary sector. I plan to promote the profession and our jurisdiction as well as represent members views to key decision makers.
In my time as an officeholder at the Law Society, I have already had the pleasure of travelling across England and Wales, visiting members and local law societies and hearing first hand, the issues and concerns affecting them in their daily lives. While many of these have common themes, there are always local perspectives and regional differences. Some of these are particularly pronounced, such as legal aid deserts, which the Law Society has done much to shine a light on. I intend to continue to work with members on the ground, not only to understand their problems, but to campaign for change.
Differing perspectives are especially apparent in Wales. There is an ongoing debate on the future direction, shape and administration of justice in Wales in the wake of the recommendations of The Commission on Justice led by Lord Thomas. The Law Society is at the heart of those policy discussions through the valuable work of our Wales Office and Welsh members. I intend to continue to work closely with members in Wales and the soon to be established Law Society National Board for Wales to contribute to this work and the rapidly evolving discussion around the future of justice for Wales.
The current cost of living crisis and the cost of doing business crisis affecting England and Wales is the most significant in a generation. The economic shockwaves rippling throughout our economy are placing further pressures on solicitors, their firms and their businesses - whether on the high street or in rural Wales or in the City of London. Concerns persist around Professional Indemnity Insurance, increasing worries for practitioners, amidst increasingly tough regulatory requirements on antimoney laundering and other issues. In my presidential year I intend to do all I can to support solicitors, their firms or their businesses to thrive despite these pressures. I will be a strong advocate on their behalf with governments and other stakeholders.
International promotion of the profession and jurisdiction
The legal system of England and Wales has a fantastic international reputation and is the jurisdiction of choice for much of the world’s legal business. English law continues to be a governing law of choice in international contracts. Other countries look to us for guidance and advice. They envy our legal framework because we are a legal profession that is independent, has integrity and is well regulated. Our judiciary is independent. Our legal professionals uphold the rule of law. We have processes and procedures to challenge our governments.
As President I plan to engage with overseas governments, international bars and international partners with a focus on exploring new international markets and opportunities for our members. The implementation of existing Free Trade Agreements (FTAs) in various countries is a priority so that the FTA provisions allow members to have better market access. This includes engaging with the Indian Bar and Indian stakeholders to finalise the UK-India FTA which allows solicitors in England and Wales to have a
commercial presence in India.
Monitoring the reforms in Saudi Arabia and the impact these may have on members will be another focus. Visits to the Middle East jurisdictions are needed to conduct trade negotiations with the Gulf Cooperation Council and discuss arbitration reforms in the United Arab Emirates.
We want members to take advantage of opportunities to grow their businesses beyond England and Wales.
The ongoing situation in Ukraine, the withdrawal from Afghanistan, and other crises worldwide have brought rights and the rule of law into sharp focus for the international legal community. The Law Society has played an active role in defending the rule of law worldwide in response to these crises and supporting lawyers at risk. As President, I will maintain the Law Society’s leadership role on these issues, including defending overseas lawyers at risk.
The UK is respected around the globe as a fierce defender of human rights –a reputation which has been developed over centuries of common law and international treaties which defend the interests of the individual against harm. As President I will challenge any proposals that remove the ability of UK citizens to enforce their human rights.
Diversity and progression within the profession and the judiciary
I will be the first Asian, the first Muslim and only the 7th female President of the Law Society of England and Wales in its almost 200-year history. I am a Northerner, originally from Bradford, and from a working-class background.
Social mobility, diversity and social inclusion are very important to me. I strongly believe that anyone who has the capability and determination, regardless of their background and upbringing, must be able to join our profession and progress within it if they so wish.
I want to better understand the barriers and explore the hurdles that firms and businesses are facing when trying to reach and promote diverse candidates.
I will also focus on identifying the challenges those seeking to enter and progress in our profession are experiencing. Members must be supported to overcome such obstacles.
My presidential year will see the 100year anniversary of the first female solicitor being admitted to the Roll. This is in the same month that I celebrate 30 years of being a solicitor. I have seen real progress in diversity in the sector during that time, but there is still much to be done to achieve true gender parity in terms of pay and progression.
We also need to work on alternative career choices. We need to support members seeking to enter and progress to the senior ranks of the judiciary. I intend to work with the profession, our Solicitor Judges Network and other stakeholders to further open up the judiciary, improve the prospects of promotion within it, and make it more accessible for all our members.
As President, I plan to support our Welsh members who wish to practise primarily through the medium of Welsh, by ensuring that I work with the Wales office to promote a much greater understanding of the opportunities and responsibilities facing all organisations under the Welsh Language Act 1993.
And...
As well as focusing on the above, there is the ongoing important work of the Society. We all know our justice system is broken. The availability of early legal advice is critical – it saves costs and time but is not available to most of those who need it. There has to be fair remuneration for legal aid practitioners and proper investment in the justice system. My focus remains on these areas.
I intend to push firmly for the UK government to look at civil legal aid. Many of the problems facing the criminal practitioner base are evident
in civil legal aid – from low fees causing firms to question the viability of the practice area, geographical shortages and gaps in scope, threatening access to justice.
And whilst we will continue to protect the justice system where threats are greatest, we must also be proactive in setting out our own vision of what a 21st century justice system should look like. How can we use technology to improve access to justice without excluding vulnerable groups, so that public confidence in the system is maintained? Where can we change processes or systems to increase efficiency and improve people’s experiences of the justice system? These are questions that the Law Society must take a lead in answering, doing the work to develop bold and innovative policy proposals that will help shape the future of the justice system.
The courts backlog is a national shame - defendants, victims and witnesses face historic delays across the justice system. Solicitors are working quietly and tirelessly to ensure the timely administration of justice – but both the profession and the public need to see more support for the beleaguered justice system. During my presidential year, I intend to work with practitioners, the public and parliamentarians to press the UK government to do more to address this crisis.
This is an ambitious agenda, but together with colleagues from within and beyond the Law Society I am determined to shift the dial over the coming year. For nearly 200 years the Law Society of England and Wales has been a strong defender of the justice sector, the rule of law and an active campaigner for access to justice for all. I am ready to play my part in ensuring that continues.
Lubna Shuja President, 2022-23
This is a strange time of year which means it is getting colder at night. If I’m cold I try and lie on my mother all night but she says I weigh too much. Pot, Kettle black is all I can say. Apparently she and my father are on a serious diet as they are going abroad - whatever that is - for the first time
since February 2020! They have suitcases out and they are large ones so obviously not going to be away for one night!
Not had my usual supplements to my diet. I did wander nonchalantly down the garden with a mouse in my mouth whilst my mother was on the Teams Council meeting! Spoil sport
Other news is that the golden one was 2 earlier in the month. They went to see him. He did come here with his mother (their human daughter) but he was well behaved and played in the garden. He was very bossy and made them all go and play outside with him. Apparently his talking is excellent but he and I can’t understand each other. The twins also came round but they are no fun any longer as they are 12 in a few days. They are turning into teenagers just grunting.
Next time I write it will probably be nearly Christmas!
@princessgigi2019
In the so-called “mini-budget”
on 23 September 2023 there were two announcements in very quick succession from Kwasi Kwarteng which will have made employment lawyers sit up and take note. The first related to The Retained EU Law (Revocation and Reform) Bill 2022 published on 22 September 2022 which provides for an automatic “sunset” of the application EU Regulations in the UK in December 2023, which could have potentially wide ranging knock on effects on UK employment law. The second was the repeal of the 2017 and 2021 reforms to off-payroll working rules, better known as “IR35”, in April 2023. We discuss below what employment lawyers can expect as a result of these announcements and what practical steps they may wish to discuss with their clients now in order to prepare themselves to these changes.
As most employment lawyers will know, IR35 is a tax regime which requires individuals engaged by a business through a personal service company (PSC) to undertake a status determination to establish whether the individual should be taxed as an employee or a self-employed contractor. In April 2021, the government reformed the regime to move the burden of conducting the status determination, and the subsequent account of tax to HMRC, from the PSC to the end user, namely the business engaging the individual, where that end user was a medium or large business. This mirrored the reforms that had been implemented in the public sector in 2017 and the effect that was that many employers engaged individuals as workers or employees to err on the side of caution, or refused to engage individual contractors through PSCs, to mitigate the risk of fines and penalties from HMRC, or allegations of
tax evasion, for incorrect tax treatment.
Kwasi Kwarteng said in his speech on 23 September that these reforms had “added unnecessary complexity and cost for many businesses”. Many businesses will no doubt agree with this statement and will welcome the burden of taxation and status determination of individuals to be placed back with the PSC. Indeed, it is expected that the repeal of the 2021 reform of the IR35 regime is likely to result in many individuals moving back to providing their services through a PSC due to the tax benefits these arrangements bring.
However, when advising clients employment lawyers should be careful not to disregard the IR35 regime in its entirety once the burden shifts back to the PSCs. There are a number of considerations that our clients will need to continue to bear in mind for now, namely:
1. The reforms are not being repealed until April 2023, meaning that, for now, the burden to ensure that individuals engaged in a business are being treated appropriately for tax purposes still lies with the end user; and
2. At present, it is not expected that the repeal with apply retrospectively so enforcement action for the period between 2021 and 2023 may still be taken against end users even once the reforms have been repealed;
3. While the 2021 reforms to IR35 are being repealed, the IR35 regime itself requiring a status determination to be done will still apply, as will a business’s obligation to prevent the facilitation of tax evasion in supply chains under the Criminal Finances Act 2017. As such end users will still need to give careful consideration to the correct tax status of the individuals they engage,
particularly those who are deemed employed but seek to renegotiate the arrangement to provide their services through a PSC from April 2023.
It would be sensible to warn clients of the need to start to plan for the repeal of the IR35 reforms now by conducting an audit of the individuals this may affect and their compliance with the IR35 regime to date.
The Chancellor also announced that he will be requiring all departments to review, replace or repeal all retained EU law before its automatic expiry in December 2023 as a result of the Retained EU Law (Revocation and Reform) Bill 2022. Many key employment rights and regulations are routed in retained EU legislation including the Working Time Regulations 1998, which sets out limitations on working time and the right to paid holiday, the Agency Workers Regulations 2010, legislation preventing less favourable treatment of part-time workers and fixed-term employees and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
It is not clear which elements of retained EU law will simply be reviewed and then enshrined into UK legislation and which will be allowed to expire. Clearly, given that the regulations above are widely relied upon for a significant proportion of the laws protecting employees in the UK, the decisions that will be made in the next 15 months will have potentially wide reaching ramifications for employment law.
Anna Bithrey Taylor Walton LLP Associate Employment Departmentanna.bithrey@taylorwalton.co.uk www.taylorwalton.co.uk
The Law School at the University of Hertfordshire will launch its new Masters Course (LLM Solicitors’ Practice) in September 2023 to ensure students have a good chance of passing the new SQE exams to enable them to become a solicitor.
We are currently in a transition period where students can choose between the original route (the Legal Practice Course and 2 year training contract) and the new route (Solicitors Qualifying Exams 1 and 2 plus 2 years of Qualifying Work Experience (QWE) gained from up to 4 placements).
The SRA, which introduced the new route last year, has just published the first results for the SQE2 assessment - which was taken in April 2022 by 726 candidates in 24 countries. 77% of candidates passed, which seems very reasonable. However, these figures do not seem quite so rosy when you appreciate candidates were only allowed to take the SQE2 assessment if they had previously passed SQE1. This was run for the first time in November 2021 and only 53% of candidates passed. Clearly the profession wants to ensure that all aspiring solicitors meet a consistently high standard at the point of entry into the profession. However, we also want the profession to be open and diverse.
Data from the assessment results
show that there was a difference in performance by ethnicity. 85% of white candidates passed compared to 72% of Asian/Asian British candidates and 53% of Black/Black British candidates. The SRA has commissioned the University of Exeter to undertake in-depth research into the factors driving the attainment gap for these groups. However, any changes to the assessments will take time.
As the exams are set and marked by an independent, external organisation (Kaplan) it is feasible for a candidate to sit SQE 1 or 2 without attending any course. Hertfordshire Law Society recognises this is not realistic if candidates want to pass. However, most students cannot afford to undertake another course of studies without good reason.
We have therefore created a Masters level SQE course which will enable students to take both SQE 1 and 2 as part of the 1 year course, plus attain a Masters Degree at the same time. Students can choose from a suite of options. They can opt to study for a Masters or a postgraduate diploma incorporating preparation for both SQE1 and SQE2. Students can also choose to study a postgraduate certificate incorporating preparation for either SQE 1 or SQE 2. Students can choose to study full time or part time to fit into their personal circumstances.
Some candidates will have exemptions which mean they only need to pass some elements - for example students who have passed the LPC are exempt from SQE 1 and will just need to pass SQE2.
The Law School offers the opportunity for candidates to build Qualifying Work Experience (QWE) by working in the award-winning Hertfordshire Law Clinic and other pro bono projects.
If you, or anyone you know is interested in studying with us at UH, or you have any queries regarding the new SQE route to professional qualification, please get in touch with us.
Amanda Thurston Hertfordshire Law Schoolwitnesses to be more inclusive.
• We will encourage people from diverse backgrounds to become Expert Witnesses.
The statement demonstrates their commitment to diversity and outlines the actions they will take.
EWI Chief Executive, Simon Berney-Edwards, said "I am pleased that the Board have adopted the statement as this adds further weight to our recent signing of the Equal Representation for Expert Witnesses pledge. The team and I are looking forward to working with the Board to deliver our commitments to the diversification of the workforce."
Our mission is to support the proper administration of justice and the early resolution of disputes for everybody through high-quality expert evidence from specialists. That means having a diverse expert witness workforce that fully represents those involved in disputes. We believe that the justice system will be best served by using a diverse and inclusive pool of appropriately trained expert witnesses.
Our commitments:
• Lead by example
• We are committed to creating and developing a diverse and inclusive workforce and culture and will continue to review all policies and processes to maintain our status as an equal opportunities employer.
• We will strive to make our Board and Committees become more inclusive.
• Wherever possible, we will aim for a diverse set of speakers at our events.
• We will continue to develop our training and events programme to be accessible to all.
• Understand the workforce
• We will establish our current (and where possible historical) baseline member statistics for gender identity, ethnic origin, and disability and measure these.
• Promote diversity in the workforce
• We will encourage those who employ or contract expert
• Work with partners
• We will work with partners such as Equal Representation for Expert witnesses to encourage diversification of the workforce
Date: September 2022
Lawyers who work with vulnerable or traumatised clients and regularly deal with particularly traumatic accounts and experiences are at risk of experiencing vicarious trauma.
The term vicarious trauma encompasses the wide range of potential negative effects of being immersed in trauma day-to-day at work. These effects might include the following symptoms:
• intrusive thoughts
• panic attacks
• sleep disturbance
• memory loss
• being unable to engage with client material or the news
• finding it hard to concentrate
• being irritable for no apparent reason
• a shift in how you view the world, seeing it as an inherently dark or dangerous place
• burn out – the inability to cope at home or at work
• feeling guilty – you may feel guilty for experiencing these symptoms when it is your clients who have experienced the trauma, not you.
• feeling hopeless - this makes it particularly hard for lawyers to identify clearly the impact on themselves personally or to take action.
By simply acknowledging the inevitable effect of working with some of the cases that you do, you can help reduce the severity of the impact.
Allow some space and time within your schedule to reflect on your own practice, to share experiences with peers and senior colleagues, and to learn techniques to improve how you cope with the effects.
There is strong scientific evidence that
higher levels of mindfulness are linked to lower levels of vicarious trauma. Check out the Headspace website or app for more information.
Self-care is not self-indulgence. If every day you are supporting survivors of trauma, it is imperative that you take care of yourself too.
Requesting more formal support for your mental health from your GP and employer is important particularly if you are also dealing with your own trauma history.
For free, confidential support call LawCare on 0800 279 6888, email support@lawcare.org.uk or visit www. lawcare.org.uk
ensuring that people’s wishes for family and friends are met.
This news comes at the start of RememberACharity Week (5th –11th September 2022), the nation’s annual public awareness campaign for charitable gifts in Wills. It echoes recent research showing that more than 1 in 5 Wills handled by UK legal advisers (22%)2 now include a donation to charity.
Birmingham, Portsmouth, Bournemouth and Exeter. Areas that have seen the most annual gains in charitable estates are Brighton, Kingstonupon Thames and Ipswich.
charity can double the chances that a client will choose to do so. And those gifts really can be transformational for UK charities. Today, that income is more critical than ever.”
Arecord number of people in England and Wales are supporting charities with gifts in Wills. 10,6701 different charities received a gift from a Will last year and 37,242 charitable estates were identified – a 10.7% increase on the previous year. This reflects the growing appetite for legacy giving and the key role the legal sector plays in providing impartial information for clients about how to go about it, while
The public supports a wide spectrum of charitable causes, from researching treatment for cancer and dementia to supporting vulnerable children and adults, taking care of pets and animals, mental health support, rescue services and many others. Over a third (37%)3 of charitable Wills named just one charity, but more than one fifth (21.7%)4 contained two.
When it comes to location, the areas with the highest concentrations of charitable Wills in 2021 include Brighton,
Gifts in Wills are a critical source of funding for charitable services across the country, raising more than £3 billion for good causes annually. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate is reduced to 36%.
Lucinda Frostick, Director of RememberACharity – a consortium of 200 charities, says: “Legal advisers play a crucial role in helping the public understand all the options open to them when they write a Will. Our research shows that even the simplest of references to the option of leaving a gift in a Will to
The consortium works all year round to normalise charitable Will-writing across the UK by raising awareness of legacy giving among legal professionals and the public. Through its free campaign Supporter scheme for solicitors and Will-writers, it offers promotional resources and useful guidance for referencing gifts in Wills with clients.
To find out more or join the existing network of campaign supporters, see:https://www. rememberacharity.org.uk/ advisers
commissioned by RememberACharity
Almost two-thirds of UK parents have not named guardians for their children in the event of their death, statistics have revealed.
Legal guardians should be appointed in a person’s will – and in cases where one is not chosen, courts often appoint a guardian on behalf of the deceased. This could see someone’s preferred choice not be appointed.
Peter de Vena Franks, Will Aid campaign director, said: “Thinking about death is never a nice experience, but it is so important when considering who will look after your children should the unfortunate happen.
“Courts work hard to do what is best for your children under such difficult circumstances, but they could have a different view of what is best than you.
“Therefore, the best way to ensure your children are looked after in the way you would like is to name a guardian in your will.”
Kevin Logan, legacy and tribute fundraiser at partner charity the NSPCC, said: “It is so important to name a guardian for your children in your will as it ensures your children are looked after by those you trust the most.
“When doing so, it is important to consider who is best-suited to provide your children with the best possible care and how they will give the love, nurture and support every child deserves.
“You can also become a guardian for the next generation by leaving a gift in your will, helping charities like us and the other eight partner charities to continue our vital services.”
The survey also found more than half of UK adults (54%) have not made a will.
Will Aid runs every November and sees participating solicitors waive their fees for writing basic wills in return for an upfront donation to Will Aid.
The suggested donation for a single will is £100, or £180 for a pair of mirror wills.
Donations are then shared between the nine partner charities, many of which are responding to the cost of living crisis and war in Ukraine.
The campaign has raised more than £22million for charity since its inception in 1988.
Peter added: “This is a very stressful time for households across the UK, but thankfully participating Will Aid solicitors are here to take away the stress of will-writing throughout November.
“This is the perfect time to get your affairs in order and support some fantastic charities. To anyone who is yet to make a will – all I have to say is ‘why not now?’”
For more information and to find a Will Aid solicitor, visit www.willaid.org.uk.
must take some credit for their prompt action in the early days of the pandemic, when we simply did not know what kind of virus we were dealing with. Lockdown caused a precipitous drop in demand across all sectors and of course then necessitated a substantial government intervention.
After a few years of unprecedented change, we are hopefully on the path to repairing society and a semblance of normality. So, rather than our usual in depth article on a “DNA testing” subject we thought it would be a good idea to discuss some of the causes and changes relevant to the professional services sector.
We must first offer some context by discussing firstly the effect of Covid-19 and then secondly, the war in Ukraine. The stresses caused by these events have caused heightened anxiety in the population and of course, significant changes in behaviour which are exacerbated by the use of social media channels. Tolerance and respect have taken a back seat as people seek Maslow’s “Safety and Security” and as a means of self protection, can react irrationally and poorly. Whilst there are still strong memories of the pandemic we have learnt to deal with its consequences and are growing from it. The real impediment to regaining normality is now the situation in Ukraine.
To put this into context, there have been 15 pandemics since the Black Death (1331-1353) and which recorded at least 100,000 deaths. The Black Death for example, wiped out over 30% of the population. The death toll due to Covid-19 in the UK has been smaller than some other pandemics, due to better public health measures and more rapid communications. The government
In economic terms and from historical data, the effect of pandemics (in general) is to modestly reduce the natural rate of inflation, with actual recovery thereafter taking decades rather than a few years. In the UK the loss of life has been predominantly in the older population although we await to see the unknown effects of long covid on the wider population. Pandemic “survivors” may well be seeking to consolidate their personal security for example by risk aversion, retention of wealth, more modest investments and frugal behaviour.
If we can now please be excused a comment on inflation, then pandemics are in general associated with a reduction in inflation, a more restricted labour force and this in turn leads to an increase in real wages. So having weathered the three or so waves of viral infection, we might have expected to come out of it into a low inflation, cautious environment. A war is a significantly different event, unlike a pandemic, it is both the destruction of life and of capital (crops, land, building, machinery, factories) and is inherently a cause of inflationary increases. Whilst Ukraine bears the brunt of the economic damage, the inflationary effect in a global economy, reaches rapidly to other nations. It is now the Ukraine war, rather than the aftermath of the Covid-19 pandemic, that is having the most significant effect upon our well-being. It is driving inflation and it is the source of national insecurity as people again seek safety and security.
As a company we played a significant
role in outbreak testing for Covid-19 and during this rather intense time, as the government focussed on mitigation and containment, the demand for professional commissioned human identity DNA testing reduced significantly. Social services and solicitors were struggling to keep case work going and home working, in terms of client contact, was simply not the answer. However, the latent demand for DNA testing has now released and significant cost pressures are with us all (e.g. cost of living wage increases, rent, utilities). Pressures on the legal aid system still exist and need attention if we are to mitigate this high inflation environment, hold down our costs and still (as a sector) provide great service to families.
There is a specific sector in family services that has been badly affected, by the war in Ukraine. Until Russia invaded, Ukraine was the centre of the surrogacy industry (estimated 25% market share) and of the countries that allow surrogacy, is the most permissive (with clear legal rules) and reasonably priced. It is estimated that before the war, around 2500 babies were born to Ukrainian surrogates per annum. Many surrogates and intended parents were trapped by the war and of course, the immediate reaction was for the Ukrainian surrogate to leave the country. Some made it, others have remained but have been moved to cities further West in Ukraine. Undoubtedly, the surrogacy clinics are struggling to function in this environment and this is compounded by desires to help the surrogate into a neighbouring country. This course of action may invalidate a surrogacy contract made under Ukrainian law where surrogates do not have parental rights over the children that they carry. Altruistic surrogacy is allowed in the UK, but the birth mother is recorded as the legal parent at birth, until a parental order is made in order to change the parentage – a DNA test is required for
this and around 400 of such orders are made each year. Other countries are less permissive regarding altruistic surrogacy and it may even be banned completely. We of course continue to advise our UK clients with DNA testing in this difficult situation.
Global inflationary pressures need to be brought under control and all economies will take a while to adjust. With sensible fiscal policy, predictions of an eventual lower inflationary environment next year seem robust. Post pandemic we see UK society evolving with a renewed evaluation of human connection, family and gainful employment, there is indeed a great deal to be positive about.
About the author: Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).
Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.
Please see: http://www.dadcheckgold.com.
Tel: 0191 543 6334 e-mail: sales@dadcheckgold.com
and synchronous legal problems” (or ‘clustered problems’) for which, Clements suggests, “the traditional ‘single issue’ lawyering approach is ill equipped”. We can suggest that the problem is a matter of “standing up for justice” which is something LAG have been doing for the last thirty years.
Such people – Clements quotes a commentator, Stephen Wexler – ‘do not lead settled lives into which the law seldom intrudes; they are constantly involved with the law in its most intrusive forms’. As Luke Clements remarks, “their legal challenges don’t come in single discrete packages”, for example, a claim for personal injury, buying a house, or a divorce petition, “but are multiple, interlinked and successional”. Unsurprisingly, no sooner has one problem been addressed than another one is encountered.
Juridification – the proliferation of laws and the problems that result: mental capacity and identity laws as examples; Parcelling-out of the soul – public sector bureaucracies and the damage caused by ‘command and control’ systems; Harm – the physical and mental harm caused to those experiencing clustered injustice; Doing justice – how a responsive state would and should address the phenomenon of clustered injustice.
An excellent appendix at the back of this short book offers brief overviews of various groups who experience clustered injustice. It is a book which we commend all legal practitioners to read during these difficult times.
By Luke Clements
ISBN 978 1 91364 807 7
The access to justice charity www.lag.org.uk
This new Legal Action Group book from Professor Luke Clements of Leeds University is concerned with the legal problems encountered by people whose lives are disadvantaged. It covers a range of vulnerable people who are currently suffering disproportionately during the coronavirus pandemic, including disabled people, carers, homeless people, people on low incomes, people falling foul of immigration law – sadly, it is a long list.
Those faced with this situation often experience what can be called “multiple
“Clustered Injustice” explores its causes and the effects, depicting “the harm that results and why core responsibility for this harm rest squarely with the State” – at least in the view of the author. His analysis relies upon ‘systems thinking’ and ‘vulnerability’ theories, as well as the use of gaming analogies to show “the invidious position of people who experience clustered injustice”, such as those compelled to “play legal and administrative games in which the odds are heavily stacked against them”.
The book starts with an introduction of the meaning of “clustered injustice”. Clements warms to his theme developing the concept of “the grain of the law” by which the ‘loaded’ nature of the law and its bias towards those who enjoy ‘advantage’ is usefully explored. The book will dismay many readers who may not have seen some of the by-products of a partial negativity of the effect of the rule of law today so they could be in for a shock.
What’s your problem? – the legal system’s inability to deal with entangled clusters of problems – except by fragmenting them into their disconnected elements;
The date of publication of this new paperback edition from LAG is cited as 25th November 2020. Family Law Leaves The EU A Summary Guide for Practitioners
By Professor David Hodson OBE With specialist Public Child Law contribution by Maria Murphy
ISBN 978 1 78473 475 6
LEXISNEXIS/FAMILY LAW www.lexisnexis.co.uk
This new guide from the Family Law imprint of LexisNexis is most welcome at a time when so much confusion reigns in the world caused by the coronavirus pandemic. Any practitioner who is faced with trying to understand where we will be with family law matters on leaving the European Union on the last day of 2020 will be relieved to read this innovative sort work from Professor David Hodson OBE. We welcome the important additional section on public child law written by Maria Murphy for those specialists involved with local authorities.
We feel that this short paperback will
be highly relevant to all family law practitioners as a quick accessible guide to the law and practice which will apply on the UK's final departure from the EU on 31 December 2020. The government has indicated that the UK will not be party to any further EU laws from January 2021, instead relying on existing international laws such as the Hague Convention, to which we will be a party in our own right.
There will also be new provisions to cover issues of national law, where previously EU law existed. Inevitably, some court procedures will need to change once the final break with Europe has taken place. This invaluable title gives us an overview of the legal position and the practical issues which are judged to arise in all areas of family law, including the preparatory steps which lawyers should take in readiness for departure, to advise clients as effectively as possible in the future.
The key topics cover the main substantive family law areas depending on what you are looking for: the governing laws; divorce; financial aspects including remedies; the Hague Convention 2007; the Lugano Convention; private children law; public children law; domestic violence; the service and the taking of evidence, Alternative Dispute Resolution (ADR), and legal aid; and potential areas of EU/UK future co-operation in the post-Brexit era.
When we woke up early on that morning of Friday 24th June 2016, many of us were looking at a most uncertain future. Hodson’s “Family Law Leaves the EU” bridges an important gap for family law practitioners as we grapple with the post Brexit era whilst fighting a world pandemic. Thank you.
The date of publication of this paperback edition is cited as 20th October 2020.
Personal relationships are still the heartbeat of business success, despite the increasing use of technology. Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations.
In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote:
“If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own.”
Business relationships then are as much about understanding the challenges we all face in our daily encounters.
The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business.
Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too!
With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.
The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch.
Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.
I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).
In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship.
Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It’s about trusting that the job is going to get done right, first time.
“There’s work to do to ensure women can progress and remain in the profession as they manage symptoms, which can have an average duration of five years. They can worsen without the right knowledge and support.
World Menopause Day helps boost awareness of the menopause and the support available for improving health and wellbeing.
The first woman became a solicitor in 1922 and today women make up 53% of the profession in England and Wales.
A survey conducted by IPSOS Mori for the British Menopause Society, found that more than a third of respondents said their menopause had impacted their work life.*
Research by Forth also found that 63% of respondents said their working life had been impacted negatively by their symptoms. 34% had developed depression and anxiety, 29% significantly lost self-confidence at work and 47% of respondents struggled to concentrate.**
Law Society of England and Wales president Lubna Shuja said: “The menopause affects a large proportion of our members, whether first hand, through relationships, friendships or in the workplace.
“That is why the Law Society has produced menopause guidance to help individuals and firms access the support they need.***
“It is important that organisations and their leaders understand the impact of the menopause on their employees, take steps to offer support and adapt their environments to be more accommodating. This allows their workforce to thrive.
“Despite being more widely discussed, there is still stigma attached to the menopause in some environments which makes people reluctant to discuss it.
“Our annual statistics report 2021 found that the median age of women, who are practising certificate holders, is 40 and the average age of sole practitioners is 52.4. The average age for a woman to reach menopause is 51.
“If the profession fails to appreciate the potential impact of the menopause, we risk losing a large demographic at a point in their careers where they may be in more senior roles. The profession then loses influential senior women role models which should not happen.
“We must recognise that, for many reasons, peoples’ individual experiences of the menopause differ greatly.
“Symptoms, such as hot flushes, sweats, heart palpitations, brain fog and poor sleep, can have a strong adverse impact on both physical and mental health. These can be exacerbated when paired with long hours and high demands on time and output, which are so common in law firms.
“Employers should be considering job redesign, reasonable adjustments, HR policies, changes to their working environments, flexible working, and annual training for all staff.
“Anyone going through the menopause should be empowered to seek professional advice when needed.”
“We welcome the second Economic Crime Bill’s intention of stopping money laundering in the UK and we also believe the Companies House reforms will help to improve transparency over UK company structures and strengthen the business environment,” said Law Society president Lubna Shuja.
“We support the UK government’s ongoing commitment to tackling economic crime, preventing the misuse and abuse of limited partnerships and corporate structures, and increasing the integrity of the registers maintained by the Registrars of Companies.
“We propose amendments to the Bill to provide greater clarity to the proposed legislation, which would assist companies and investment vehicles to operate smoothly in the UK.
“We do have a concern, however, over the government’s proposal to allow the SRA the ability to impose limitless financial penalties for economic crime disciplinary matters.
“The SRA’s fining powers have been substantially increased in relation to traditional firms and individuals from £2,000 to £25,000.
“There appears to have been little evidence that a parallel increase in the Financial Conduct Authority fining powers – or the large fines they have applied – have aided the fight against financial crime.
“Therefore, we do not have confidence that increased fining powers for the SRA would have a significant enough impact on the fight against economic crime to warrant the additional burden of regulation.
Proportionality of the SRA’s extra powers in combatting economic crime must be considered
Ahead of the Economic Crime and Corporate Transparency Bill’s second reading in parliament, the Law Society of England and Wales has raised concerns at how effective the Solicitors Regulation Authority’s (SRA) additional powers will be in combatting economic crime.
“We are concerned about the impact of the proposed additional powers on our members and we urge the government to carefully consider the proportionality of additional regulation.
“The proposed unlimited powers would be likely to cover more serious or significant cases which currently go before the Solicitors Disciplinary Tribunal (SDT) and we maintain that this should remain the case."
