SNELS In Touch Magazine Autumn 2015

In Touch The Official Magazine of Suffolk & North Essex Law Society

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Contents

Issue 7 Autumn 2015

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A Message from the President

6

From the Council Chamber

8

Dealing With Stress

Design Matt Wood - East Park Studio

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Collaboration is Crucial to the Future Success of the Legal Business Sector

Media No. 1111

11

SNELS’ AGM

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Junior Law Division

None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

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Law Society’s Eastern Regional Review

18

Capital Tax Planning Update Course

19

A Legacy of Discovery

The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.

20

The Suffolk Royal British Legion Golf Day

24

Wigwam

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Accountants’ Reports, the journey continues…

Advertising/Features Simon Castell Christine Kettle

Key Account Manager Denise Castell

Accounts Michaela Hogan

Published September 2015 Legal Notice

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A Message From Our President Officers of the Society

Vice President and Joint PRO/PLO Fiona Bailey Haywards Solicitors, Stowmarket Tel. 01449 613631, Fax. 01449 613851 E-mail fiona.bailey@haywards-solicitors.co.uk Deputy Vice President Jon Armstrong Armstrong Family Law Colchester Tel. 01206 848426 Email: jon@armstrongfamilylaw.co.uk Honorary Secretary Neil Grigg Greene & Greene, Bury St.Edmunds Tel: 01284 717422 Fax: 01284 705739 email: neilgrigg@greene-greene.com Honorary Treasurer Richard Foyster Ashton KCJ, Felixstowe Tel: 01394 277188 Fax: 01394 670726 email: richard.foyster@ashtonkcj.co.uk Honorary Council Member Roger Buston Asher Prior Bates, Colchester Tel: 01206 768331 Fax: 08700 543630 email: rbuston@apblaw.co.uk Joint PRO/PLO Louise Goodenough Haywards Solicitors, Stowmarket Tel. 01449 613631, Fax 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk

Education & Training Officer Lisa Collins Birkett Long, Chelmsford Tel: 01245 453846 Fax: 01206 711334 Email: lisa.collins@birkettlong.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich IP6 9UN Tel/Fax: 01449760731 email: snels@topcopysec.co.uk

When contemplating my year as President, and indeed since, I have reflected on the role and relevance of the local Law Society, and particularly how this has changed over the years since I entered the profession as an articled clerk in 1977. Back then the Law Society featured prominently in our professional lives. It ran the College of Law, administered the legal aid scheme and regulated the profession. Now it does none of those things. Back then there seemed to be a much greater sense of collegiality amongst members of the profession. Perhaps the way the law was practised made this easier as we would meet each other regularly, whether over a completion on a Friday, or at the possession court or the magistrates’ court. Perhaps also the restrictions on what we now know as business development and marketing meant that we regarded each other more as professional colleagues and less as competitors. Whatever the reason, the result was that we knew each other well and support for Society events was almost taken for granted.

How the world has changed. When was the last time that anyone completed a property purchase by attending at the vendor’s solicitors and exchanging a cheque for the title deeds? How many of us now attend the magistrates’ court? Indeed one could be forgiven for thinking that the government would be happy if we never do again (if indeed there is a magistrates’ court left in your area!). And when was the last time that you attended a Society function? Alongside this the structure of the profession has changed with the polarisation of the larger and the smaller firms meaning that the disparity in the way we practise, and what we expect from the profession, has been exacerbated.

So what then is the proper role for the Law Society, and particularly the local Society in this day and age? At a national level it remains very much the responsibility of the Society to act as guardian of our interests, although even this is more difficult because there are few things which are of equal relevance to us all. At a local Society level I would like to think that there is much to be gained from seeking to restore a degree of professional collegiality which would transcend any professional rivalries. I look across our northern border and see evidence of a very active Norfolk and Norwich Law Society, so I know what can be achieved. I acknowledge that our geography does not help, with three very distinct centres in Colchester, Bury and Ipswich, but we can do better. My challenge is, during my year of office, to arrange at least one additional event of wide appeal, and my challenge to you is to support your local Society so that it will have a continuing relevance in years to come.

Nigel Farthing

President Suffolk & North Essex Law Society

Dates for the Diary

Friday, 20th November President’s Annual Dinner at The Barrandov Opera, Kennels Farm, Needham Market Future Council Meetings for 2015/16: 16th November 2015 18th January 2016 21st March 2016 16th May 2016

19th September 2016 14th November 2016

If you would like any specific items discussed by your Council, please notify our Admin. Sec. (snels@topcopysec.co.uk) to ensure they are included on the agenda.

www.snels.org.uk

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Suffolk & North Essex Law Society

President Nigel Farthing Birketts, Ipswich Tel: 01473 232300 Fax: 01473 230524 email: nigel-farthing@birketts.co.uk

This is my first report since my elevation to the role of President at the AGM in July, a position which I feel privileged to occupy.

In truth little has happened since the AGM, but now the summer holiday period is drawing to a close, normal routines will soon be restored.

From the Council Chamber

SNELS Council Member Report Chancery Lane - September 2015

CM Activity

At the TLS Council Meeting on 8th/9th July 2015 (AGM) Jonathan Smithers became President TLS. The next TLS Council meeting is on 22nd September 2015.

The last Property Section Executive Committee Meeting was 15th September 2015, and the Property Section National Property Conference is on Friday, 9th October 2015 at the Victoria Park Plaza Hotel, London

Summary

3. Audiences for the strategy

TLS Strategy development Extracted from a briefing paper by Catherine Dixon CEO TLS. 1. Situation

TLS is currently developing a new strategy for TLS setting our direction for the next three years and beyond.

As a trusted partner, TLS aims to support its members [to help their clients] by offering improved and relevant products and services tailored to their needs and by 2020 to be seen as the leading provider of products and services to the legal profession.

TLS products and services will need to better reflect and recognise the breadth of our diverse profession, and TLS aims to learn more about our members so we can offer them relevant products and servicestailored to their needs, interests, and career and life stage.

The strategy needs to engage a number of different audiences, including our members (including our elected members and Committee members), the public (including users of our members’ services), senior external stakeholders, and our different teams that make up TLS. The general public audience includes society at large to address our public interest role.

Key external stakeholders include government, regulators, international stakeholders, opinion leaders, Parliament and Welsh Assembly, etc.

The Society audiences include staff, contractors, elected members and those actually involved with the Society - everyone who plays a part in the operation of TLS

4. Approach

• Explain our purpose, role and aims simply, in a jargon-free and engaging way;

Given the disparate audiences and competing demands on their attention, it is essential we have a succinct, clear and compelling strategy document, where our overall direction and aims can be easily and quickly understood. This need for brevity has to be balanced against the benefit of publishing and committing to detailed plans and objectives for the next three years, to guide our day-to-day work and provide the framework against which we hold ourselves accountable. These detailed plans must be clearly linked to the overall aims and vision.

• Demonstrate how we are putting our members at the heart of what we do; and

We therefore propose a modular approach to the strategy’s structure – this will take the form of three documents:

2. Aims of the strategy

The strategy is critical to how we position TLS with internal and external audiences. We want the strategy to: • Set our corporate direction for the next three years and beyond;

• Be clearly connected to our three-year and annual business plans; guiding how we deliver and measure progress.

• The strategy (public document). We will also produce a short summary; • A three year plan, setting out what we will do over the next three years (public document) to implement the strategy; and • The 2015/16 business plan (internal document).

Audience

What we want them to think

How we want them to feel

What we want them to do

Members

Clear about how we support, promote and represent them.

Understand our vision for the profession and how it is relevant to them.

Listened to and understood – that the strategy has been shaped in line with their views and contributions (or those of trusted peers).

Engage with us through products, services, interest groups, etc, and recommend these to colleagues. Support funding for a professional body.

Clear about ourpurpose and vision and the role we and our members play in protecting justice for everyone.Value the rule of law and the British justice system.

Trust in TLS andsolicitors to help them navigate their way through the legal system. Proud of the British Legal system and passionate about it.

Choose to use a solicitor over other options. Use our services, eg Find a Solicitor. Speak out if the Justice system is threatened.

Senior external stakeholders

That we are the voice of our profession. Clear about our purpose and mission.

That we are worth listening to: member-led, informed and respected leaders.

Listen to us and collaborate with us.

Involve us early when developing policy.

TLS teams and individuals

Clear about what TLS wants to achieve, and their part in it.

Proud and motivated to be part of a Unified organisation working towards a common goal.

Use the strategy’s aims and objectives to guide their day-to-Day work and planning.

Communicate it to others internally and externally

General public

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5. Execution

Further discussions are planned with committee chairs, in-house solicitors and representatives of the communities and sections.

There have also been meetings with counterparts in other representative bodies to understand more about the challenges that they are facing and identify any lessons that we can learn from their experiences.

PI Insurance

TLS is taking forward initiatives from the earlier stakeholder seminar with the SRA and representatives of Brokers and Insurers.

We look forward tothe SRA consultation on next round of client financial protections, together with work on post-six year run-off cover. TLS has produced a post six year run-off cover Project Initiation Document which has been approved by Management Board and RAB. This document has agreed further scoping work is necessary.

Suffolk & North Essex Law Society

Communication and engagement with members and stakeholders has started and will continue. In addition to media articles (including in the Times and Independent , TLS is using ‘Twitter hours’ and the office holders, CEO and members of the strategy team have led strategy discussions with members across England and Wales.

Roger Buston - TLS Council Member SNELS, Asher Prior Bates

TLS Representation

TLS CEO and TLS President have met the newly appointed Lord Chancellor, Michael Gove, in the House of Commons. The Lord Chancellor was joined by the Minister for Courts and Legal Aid, ShaileshVara MP, and a number of his senior civil servants.

Discussed were the key themes in the TLS Manifesto for justice, including access to justice, and the importance of the legal sector to the UK economy and our concerns that recent court fee and employment fee increases and cuts to legal aid funding could damage the UK’s reputation as a centre of legal excellence and jurisdiction of choice and were denying ordinary people access to justice. Also raised were issues such as the criminal courts charge as well as pushing for a review of fee cuts to criminal legal aid and two tier contract tender.

Office

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email

: buston@apblaw.co.uk

Mobile : 07770 305977

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Suffolk & North Essex Law Society

Dealing with Stress What is stress? In technical terms, it is when the pressures experienced by the individual are perceived as exceeding their capacity to deal with them, in a situation where coping is considered important. A complex way of saying something simple - stress happens when you know that you can’t cope. Not all stress is bad. Without some stress, we wouldn’t achieve much, but the problem occurs when the stress builds up to such levels that it turns into distress.

Some people are naturally more able to cope with stress than others. Some solicitors thrive on it, while others go to pieces. It is important to remember that it is the perception of the individual concerned which is important. You may not consider a solicitor’s workload to be excessive or their working environment to be stressful, but they may nevertheless experience symptoms of stress. This does not mean that they are somehow weaker or less able than solicitors who would view the same circumstances as an easy challenge – on the contrary, they may work more conscientiously and methodically, ultimately with better results.

Stress can be a killer. Not only can it take a physical toll with illnesses such as heart disease, but it can also lead to mental illnesses such as depression, as well as alcohol and drug abuse.

80% of lawyers calling LawCare’s helpline about their alcoholism cite stress as the reason they began to drink to excess. All in all, stress can cost a high price in terms of professional careers, personal relationships and shattered families.

So why does it happen to solicitors? Studies have concluded that lawyers are at high risk from compulsive behaviour (i.e. overuse of alcohol, drugs, food) because of the type of personality attracted into the legal profession. Lawyers are most often hard driven Atype personalities who are also perfectionist, over conscientious, driven, competitive, ambitious, unable to delegate, status aware, highly aspirational individuals who find it hard to admit, even to themselves, that there are occasions when they can no longer do everything. The lawyers’ own thoughts and belief systems can aggravate this inability to ask for help. The beliefs that, for example, •

“I must always be competent”

•

“I must always be in control of events and people”

•

“I must always be admired”

•

“Events must always turn out as I want them to”

•

“No one else could do this as well as I could, so I have to do it”

•

“Taking ‘down time’ or leaving the office earlier than others is a sign of weakness”

These beliefs need to be challenged by the solicitor him/herself, and by managers, supervisors and partners. Such beliefs are unachievable and incorrect and serve only to add further stress to the individual lawyer perpetuating them, to his or her colleagues, the firm, and the profession as a whole.

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LawCare’s free and confidential helpline is open from 9.00 a.m. to 7.30 p.m. on weekdays and 10.00 a.m. to 4.00 p.m. at weekends. The number to call is 0800 279 6888. There is also a comprehensive website at www. lawcare.org.uk

There is little data available about the extent of the stress epidemic in the UK, but it is probably fair to assume that it is similar to that within the legal system in the USA, where studies by the Washington State Bar have shown that •

12% of lawyers facing complaints or disciplinary action are clinically depressed

•

75% of disciplinary cases involve alcohol abuse

•

18% are subject to admitted addiction

and studies by the Oregon Bar Association have shown that •

60% of disciplinary cases and 40% of negligence claims involve stress, depression and/or alcohol abuse on the part of the lawyers involved.

In the UK as a whole, it is known that stress and related issues are the second most common reason given for sickness absence, with up to 60% of those taking sick leave giving stress as the reason they are unfit for work. Whilst no statistics exist, LawCare’s experience seems to suggest that the legal profession has the opposite problem, with ‘presenteeism’ an issue which needs to be addressed in many firms. Lawyers who have been working in an extremely stressful environment, and are showing the typical stress symptoms of irritability, inability to concentrate, extreme anxiety, digestive problems and muscle strain, are nevertheless continuing to come to work and to stay late into the evening trying fruitlessly to catch up.

A stressed lawyer is not a good lawyer. Stressed lawyers make mistakes which cost money, so it is in the interests of an employer to have an effective HR policy which takes account of the issue of stress, allowing for the different susceptibilities of staff.

The overall HR ethos should be focused on supporting individual members of staff with thorough induction for new staff, regular training and quality appraisals, opportunities for career development, clear and fair employment policies (including an effective, zero tolerance policy on workplace bullying), good grievance procedures and mentoring/support schemes. Most importantly, there should be no stigma attached to taking time off sick due to mental illness or stress, and ‘presenteeism’ should be discouraged, with staff required to go home if they appear to be sick, or if they habitually work far beyond their required hours. Studies (including the Law Society Quality of Life Report)

• LawCare also issues several free publications about stress.

“Back to the Beehive” advises both staff and employers in situations where a solicitor is away from work due to stress, and

there is an 18 page information pack about stress and depression,

the symptoms, consequences and treatment. These are available on our website (www.lawcare.org.uk), or can be posted or emailed by calling 01268 771333 or emailing admin@lawcare.org.uk.

If stress is a problem, LawCare offers several resources which can help.

•

LawCare’s Wellbeing Portal is an online tool to help lawyers take control of the stresses in their professional and personal lives by helping them to identify, assess and manage their stress.

This useful resource is completely confidential and is also available via the website.

•

LawCare offers free (except for expenses) CPD accredited workshops, seminars and presentations on the subject such as “Stress Recognition and Management” and “Time Management” and “Vicarious Trauma”. For more details, phone 01273 461861.

•

Lawyers, their families and staff who are suffering from stress and/ or clinical depression, or who have other related emotional issues can calls the LawCare helpline for free and confidential support.

The number to call is 0800 279 6888, and lines are open 9.00 a.m. – 7.30 p.m. on weekdays, 10.00 a.m. – 4.00 p.m. at weekends and Bank Holidays, 365 days a year. Posters, flyers and leaflets advertising the helpline service are available free from LawCare by phoning 01268 771333.

•

LawCare’s Anti-Stress Desktop Workbook is a small booklet which includes advice on time management, delegating, prioritising and learning to say No, all tools which can be very helpful in combating workplace stress. This can be issued free to all your employees, and includes details of the helpline service.

Suffolk & North Essex Law Society

have shown that employees value things like flexible working time, good relationships with colleagues, and friendly and approachable management more than they do remuneration, so taking steps to ensure that your firm is a pleasant working environment can pay dividends in terms of staff loyalty and effectiveness. In addition, bear in mind that stress is a Health and Safety issue, and some employers have had to make large compensation payments to staff who suffered stress at work.

In the 21st century, it is unrealistic to expect to live or work without some element of stress, but what must be avoided is prolonged and high level stress. That ruins health, careers and relationships.

If you, or someone you know, needs help, LawCare is there for you 365 days a year. Just pick up the phone and give us a call.

LawCare Ltd. Registered as a charity in England and Wales no.

1061685 and in Scotland no. SCO39335.

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Collaboration is crucial to the future success of the legal business sector Law firms need to stop competing against each other, and instead seek out opportunities to collaborate with each other to improve their services to clients and achieve a competitive advantage over the real threat to the future of the profession, new entrants to the legal services market who approach law as a business, instead of a profession.

The wealth of legal talent and expertise in East Anglia dispels the myth that clients have to travel to London to access the best lawyers. You are on their doorstep, clients just can`t see you.

Why is that? Could it be that firms are so busy making the same promises via their website of ‘excellent client care’ that there is little to differentiate between the local firms anymore?

The perception that City lawyers may in some way be better at meeting the needs of East Anglian clients is nonsense.

Who better to understand the issues local clients face than local lawyers?

Besides which, many of the partners at local firms are ex City trained lawyers who have chosen to live in Suffolk and North Essex for quality of life reasons, not to compromise the quality of the work they wish to undertake. So, firms need to collaborate to attract, train and retain the best legal talent available, and persuade lawyers that they will receive

“Making the training experience as rewarding as possible is the best way to retain your newly qualified lawyers, fail to do this you can wave good bye to the time and expense of your investment.” rigorous training and career development, with access to top quality work without having to commute or relocate to London.

How about exploring flexible training contracts to enable trainees to move seamlessly across from one firm to another to experience a seat in a specialism outside the expertise of the parent firm?

Making the training experience as rewarding as possible is the best way to retain your newly qualified lawyers, fail to do this you can wave good bye to the time and expense of your investment. The bright lights will always attract some, but for most, feeling valued and respected with a clear career route and ongoing training tailored to their career aspirations is sufficient to keep them engaged.

Encouraging secondments between firms and their clients is an excellent way to build a reciprocal understanding of the operation of each organisation, and to identify further opportunities for collaboration between law firms and their clients.

Firms need to radically shakeup how they operate in the current market. Those that think the economy is getting 10

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better and that they can continue operating under their old ways are in for a shock. Over 60% of new legal services providers in the market have abandoned the partnership structure and are conducting business differently. They recognise that the market is driven by buyers and that business must be organised around clients and focused on delivering value.

Collaboration between firms will open up opportunities for competitive advantage for those who are able to work alongside each other to maximise the benefits of accessing flexible resources, helping to meet the needs of a number of firms, and ultimately their client’s interests.

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Annual Essex Law Lecture

23rd February 2016 Speaker: David Ormerod QC

AGM

This year’s AGM was held in Ipswich on 2nd July 2015.

Following his successful year as President, Philip Hoddell handed over the Presidency to Nigel Farthing of Birketts, Ipswich.

Our guest speaker was Robert Bourns, the Deputy Vice President of the Law Society of England and Wales.

Once again, our thanks go to Gotelee for hosting the event.

More details in the next Newsletter Philip Hoddell, Robert Bourns and Nigel Farthing at the AGM in July.

2015 President’s Annual Dinner Friday, 20th November The Barrandov Opera, Needham Market 7.15 p.m. for 7.45 p.m.

Black Tie The President’s Annual Dinner will be held in the beautiful setting of the Barrandov Opera at Kennels Farm in Needham Market. It will be hosted by our President, Nigel Farthing of Birketts.

Tickets cost £60.00 each and will include a pre-dinner drink, three course meal with wine and coffee/tea. The evening’s entertainment will be provided by Essex-born soprano, Laura Pooley, and British tenor, Nicholas Sharrat.

Places are limited so please book early to avoid disappointment. Tables of 10 are available.

Tickets are available from: Christine Kettle, Administrative Secretary

RSVP to Admin. Sec.

E-mail: snels@topcopysec.co.uk Tel.e-mail 01449 760731 by to snels@topcopysec.co.uk

Suffolk & North Essex Law Society

JUNIOR LAWYERS DIVISION

Oliver-James Topping Chair of the SNEJLD Email: oj.topping@attwells.com

September 2015 SNE-JLD Report

Events

Next Year

MThis year’s annual charity quiz was held on the Top Floor of Issac’s on the Quay on 6th August

The SNEJLD have been careful with their finances this year and the account remains healthy moving into the new Committee year.

The additional funding from the sponsorship with Clara Rose has added to this.

• It was a successful evening attended by firms from across the region and raised a total of £688.14 (a 100% increase on last year) •

This was helped by the generosity of the local firms and businesses in Ipswich who donated raffle prizes for the event:

•

Ashton KCJ, Attwells Solicitors, Birkett Long Solicitors, Bright & Sons Solicitors, Prettys Solicitors; and

•

Coes of Ipswich, Dance East, Issacs on the Quay, Namco Fun Scape, and The New Wolsey Theatre.

•

The night was organised to raise money for: Shelter, the chosen charity of the SNE-JLD, and the Social Mobility Fund, the chosen charity of the national Junior Lawyers’ Division.

•

The charities sent the emails below

The Committee are currently preparing for the Elections in early November when a new committee will be chosen for the forthcoming year.We hope to establish a core set of documents and events for the new Committee to base their year upon to ensure greater consistency from year to year.

The JLD Committee have asked me to express their gratitude to the Suffolk & North Essex Law Society for their continued support and assistance.

CLUES_134x89_Layout 1 24/09/2015 20:49 Page 1

Hi Jessica,

CLUES&CO

Thank you very much for your e-mail and donation confirmation.

CONSULTANCY, DIGITAL FORENSIC AND EXPERT WITNESS SERVICES

Shelter greatly appreciates your support, that is a wonderful donation!

Kind regards, Rachael McDermott Supporter Helpdesk Officer T: 0300 330 1234 Visit our Facebook page Follow us on Twitter http://www.shelter.org.uk/feedback Dear Jessica, Thank you so very, very much for your kind donation. We are currently looking at expanding our offices and your donation will be key in making this happen. I will be sure to let our C.E.O know of your generosity and please pass on a warm thank you to the Suffolk and North Essex Junior Lawyers’ Division.

Kind regards Trishna Trishna Datta | SMF LOGO SMALLAdministrator The Social Mobility Foundation 1st and 2nd Floor, 43-47 Leadenhall Market, London EC3V 1LR Tel: 0207 183 1189 Web: www.socialmobility.org.uk Twitter:@socialmobilityf

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BASED IN LONDON, COLCHESTER AND GLASGOW

Suffolk & North Essex Law Society

14th October 2015 from 2:15-5:15pm Colchester Campus Capital Tax Planning Update Christopher Whitehouse, 5 Stone Building Speaker Profile: Chris Whitehouse is a barrister at 5 Stone Buildings, Lincoln’s Inn, where he advises on all aspects of trust estates and tax planning. He is a principal contributor to the Encyclopaedia of Forms and Precedents volumes on trusts and settlements; Wills and Administration and Gifts and co-author of Pre-Owned Assets and Estate Planning (3rd Edition 2009); Trust Taxation (2nd Edition 2008), and one of the editors of Dymond’s Capital Taxes.

Course Content:

Fees:

The course will take in to account:

The cost of each course will be £95 for SNELS members and £150 for non-members. If more than two places are booked on the same course, the third and subsequent places will cost £85 each for each member and £130 for non-members.

 Budget and Finance Bills  Recent case law  Current tax planning options dx_ad_blue_lawyer_183x134mm_02.pdf

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The Law Society, Eastern contact details Regional Manager: Anna Donovan

Suffolk & North Essex Law Society

Email: anna.donovan@lawsociety.org.uk

News

Law Society Eastern Regional Review

Clinical Negligence Cases: - Possible introduction of fixed recoverable fees The Department of Health has announced the intention to carry out a consultation on the introduction of a fixed recoverable fees scheme for clinical negligence cases in October 2016. The Department has said that the current proposal is that the formal consultation will run November through to December 2015.

The Law Society has a pre-consultation response which includes: • The proposed introduction of fixed recoverable costs could undermine the ability of people harmed by the NHS to seek and receive the specialist legal advice and compensation they are entitled to in law.

•

The government’s priority should be to reduce incidents of harm, rather than focus on reducing the legal costs incurred by patients seeking compensation, which will help them get on with their lives after suffering often devastating injuries.

• The proposed changes are highly premature as existing measures, which will result in legal costs being reduced, have not been given time to properly embed and, as such, the robust evidence in support of the proposed changes is not available.

Writing in the Gazette, Law Society Chief Executive, and former Chief Executive of the NHS Litigation Authority, Catherine Dixon, offers an interesting insight into the costs and clinical negligence, and suggests that “....rather than focusing on claimant solicitors’ costs, perhaps the focus should be on reducing the amount of negligent care which is harming patients in the NHS.”

SRA Discussion Paper: Protecting clients’ financial interests

Revised SRA proposals to reduce minimum indemnity insurance cover could damage firms and destroy confidence in the legal profession.

The SRA floated the idea of reducing the £2m minimum cover level in a discussion paper in July – despite failing with an attempt to cut it to £500,000 last year. It says a lower limit will reduce premiums and increase flexibility, and has even mooted the idea of scrapping a minimum level altogether.

A summary of the Law Society’s concerns is available. These are much the same as last year and have not been addressed. New proposals, such as educating clients about a regime with lesser protections, will place more burdens on firms.

Firms are urged to consider carefully the implications and to respond to the SRA at consultation@sra.org.uk@sra.org.uk, by 16th September 2015.

Court Closures Update The government proposes to close 91 courts and tribunals across England and Wales, and integrate or merge 31 more. The Law Society has developed an interactive map which shows the courts affected by the proposals in the South West, where the work would move to and how long it would take by public transport to get to the alternative courts.

We would like to receive your views and case studies to help formulate our consultation response. Please email us at courtclosures@lawsociety.org.uk with any information you think may be relevant. Please note that the MoJ consultation closes on 8th October 2015.

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www.snels.org.uk

(September 2015)

Additionally, we urge you to write to your local MP to highlight the proposals and the practical impact that these proposals will have on the ground.It is important that decision-makers in Westminster and Whitehall are aware of the impact of the closures and integration of courts in their constituencies. To support this the Law Society has developed a set of campaign tools for you to write to and lobby your MPs, which can be accessed here.

The following courts and tribunals in the Eastern region are included in the consultation: • Basildon Social Security and Child Support Tribunal (Acorn House) •

Bedford and Mid Beds Magistrates’ Court and Family Court and Bedford County Court and Family Court

•

Bury St. Edmunds Magistrates’ Court and Family Court and Bury St. Edmunds Crown Court

•

Colchester County Court and Family Court

•

Colchester County Court Offices

•

Harlow Magistrates’ Court

•

Kings Lynn County and Family Court

•

Lowestoft Magistrates’ Court, County Court and Family Court

•

St Albans County Court

MoJ Proposes Increased Fees for Court and Tribunal Proceedings The Ministry of Justice (MoJ) is consulting on increasing fees for a wide range of court and tribunal proceedings. This is in addition to the court fee increases introduced in March 2015.

The MoJ’s new proposals include:

• increasing the maximum fee for money claims to £20,000 (except for personal injury and clinical negligence claims that will remain at £10,000) •

higher fees for divorce proceedings

•

new fees for tribunal proceedings in the First Tier Property, General Regulatory and Tax Chambers

•

•

•

higher fees for immigration and asylum proceedings in the First Tier and Upper Tribunals

higher fees for proceedings in the Lands Chambers and Tax and Chancery Chamber of the Upper Tribunal a 10 per cent increase for all other fees charged in the civil court system

The MOJs consultation closes on 15 September 2015.

The Law Society wants your thoughts about how these proposals will affect you, your firm, your clients and community. We need real-life examples and case studies demonstrating:

•

•

the impact that the March 2015 increases have had, including any instances where clients have not issued proceedings because of the increased cost, and

the impact that the further increases set out in the consultation would be likely to have if implemented.

Please complete our short online survey here or send your comments to courtfees@lawsociety.org.uk.

Civil Court Structure Review

The entire structure of the civil courts in England and Wales will come under scrutiny as part of a judge-led review. The judicial office confirmed the terms of reference for a review led by Lord Justice Briggs which will produce an interim report by the end of this year.

The lord chief justice and master of the rolls ordered the review last month to create a modern, efficient and accessible civil dispute resolution service. The review will have to deal with the issue of how to deal with budget cuts, an increase in litigants in person and proposed closure of county courts across the country. For more information please click here.

Criminal Legal Aid Action – Update

Practitioner groups have decided to suspend their nationwide legal aid boycott following 52 days of protest.

Thousands of solicitors took part in the boycott since 1 July, when the government introduced a second 8.75% fee cut for litigators.

Barristers joined the action on 27 July when members of the Criminal Bar Association voted to accept no new work and adopt a policy of ‘no returns.

Describing the action as ‘a gesture of goodwill, the groups said that.

“They recognised ‘this has been a very difficult time for those participating in the action and we are grateful to those who have stood firm in support of their principles’. They also thanked the CBA for its involvement in the action, ‘and in doing so recognised the immense sacrifice made by many on both sides of the profession’.

Apprenticeships for Solicitors Set for 2016

The government has approved standards for a new apprenticeship route to the legal profession in a move that could pave the way for solicitor apprenticeships to start next year. Approval of the plan will enable apprentices to qualify as a solicitor, paralegal or a chartered legal executive as part of the government’s Trailblazer apprenticeship scheme.

LSB Approves Cab Rank Rule Changes

The oversight regulator has approved plans to allow barristers more say in which solicitors they take work from.

The adjustment to the ‘cab rank’ rule was finalised last month by the Bar Standards Board, allowing barristers to refuse work from solicitors deemed to be an ‘unacceptable’ risk. The proposal effectively replaces the list of defaulting solicitors, produced by the representative arm of the Bar Council.

The Legal Services Board confirmed it has approved the changes to the cab rank rule and they were effective from 24th August 2015. In its decision notice, the LSB said it welcomed the removal of the list of defaulting solicitors and said the BSB’s approach may widen the circumstances in which barristers can refuse a client.

For more information please click here.

New Mentoring Scheme Aims to Increase Diversity at Top

The Law Society has opened a mentoring scheme for solicitors from minority groups in a bid to improve diversity at partnership and senior leadership levels.

The scheme, in partnership with diversity and inclusion consultancy Brook Graham, is designed to support career progression for women, members of ethnic minorities, LGBT (lesbian, gay, bisexual and transgender) and disabled solicitors, who the Society said were underrepresented at the top of the legal profession.

To register as a mentor or mentee, please click here. The deadline for applications for the 2015-2016 programmer is 20th October.

Suffolk & North Essex Law Society

Financial Benchmarking Survey 2016

Please take a moment to complete your Financial Benchmarking Survey questionnaire and make sure your firm doesn’t miss out on the benefits.

Quick and simple to complete, all you need is your latest annual accounts or full year management accounts to hand. Even if there are one or two questions you can’t answer, you can still join in.

In return you’ll receive both a FREE copy of the Survey and a personalised report for your firm when the results are published.

Download the questionnaire here. If you have any questions our new guide to completing the benchmarking survey is available online here.

Practice Notes

Information on letterheads, emails and websites •

the information which you need to supply to your client in order to allow them to make informed decisions about the services they require and how these will be delivered

•

specific information for companies, partnerships, LLPs and registered European and foreign lawyers

•

the requirement for publicity not to be misleading and details as to what is considered to be publicity

Professional Indemnity Insurance

• the regulatory requirements for professional indemnity insurance •

the minimum terms and conditions

•

the market outlook

•

how much cover is required

Protecting your firm if you fall victim to a scam •

•

the regulatory and legal requirements that apply when a firm’s client account has fallen victim to scammers overcoming problems which might otherwise lead to its failure and forced closure

A full list of Law Society practice notes is available here.

Events

The following is a selection of events taking place. For our full programme of events please visit the events page.

5th October

Commercial Litigation Conference– London

9th October

National property law conference 2015: the place for property practitioners- London

16th October

Private Client Section: Elderly Client Care Conference - London

21st October

Lexcel Conference 2015: Managing implementation – practical advice and guidance – London

22nd October

Civil Litigation Section autumn conference - how to innovate and maximise profit- London

www.snels.org.uk

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Are you getting the FULL PICTURE

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Foul Sewer

Foul Sewer within property boundary

Surface Water Sewer

Water Main

Septic Tank

Water Meter

Visit www.geodesys.com/con29dw to get the full picture on all highlighted assets.

Geodesys offers the CON29DW for all properties in England and Wales. We process around 97% of CON29DW searches (Anglian Water area) within 24 hours and offer in-house drainage and water expertise at no extra cost to investigate drainage and water issues both pre- and post-sale.

Order your CON29DW from Geodesys and make sure you’re getting the full picture!

0845 070 9109 customer.services@geodesys.com

www.geodesys.com/con29dw

Drainage & Water Are you getting the full picture?

When considering a property, home buyers don’t usually give the highest priority to drainage assets and water pipes. Hidden below ground and out of sight, it’s really easy to overlook their importance. A property’s value, title and maintenance costs, however, can be directly and in some cases, adversely, impacted by issues relating to these assets.

Geodesys offers the CON29DW for all properties in England and Wales, so we are well aware of the costly oversights that could have been identified, had purchasers used a CON29DW search instead of alternative water and drainage searches, commonly known as Personal or Regulated Drainage and Water Searches.

CON29DW: setting the standard The Law Society introduced the CON29DW to provide a nationally uniform approach to the provision of property-specific water and drainage information. With 23 standard questions it is the only drainage and water search mentioned by the Law Society in its handbook and is supported by a robust and underwritten guarantee that protects home purchasers and their legal advisor(s).

CON29DW: key benefits ✔

Unlimited liability on residential property transactions

✔

Updated as soon as drainage and water legislation changes

✔

Regular legislation and product updates keep users up to date with improvements and legislation changes

✔

Monitored by the Drainage and Water Searches Network alongside The Law Society

✔

Swift turnaround – Personal Searches can take up to five days longer!

✔

Drainage and water expertise provided at no extra cost to investigate issues arising from a CON29DW, both pre- and post-sale

Should I choose a CON29DW or a Personal Search?

Can your clients afford the cost, time and disruption to deal with drainage and water issues. Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions. As issues only tend to come to light once the buyer has moved in, the new owner then has all the difficulties of dealing with the problem retrospectively.

In contrast to other drainage and water searches, choosing the CON29DW gives the FULL picture. You have all the facts up front ensuring that transactions can proceed in the full knowledge that any risks have been properly identified.

What’s the risk?

This recent case study illustrates what can to wrong and gives an idea of the costs involved.

A Personal Drainage and Water Search was ordered in place of a CON29DW and this search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank. This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving the issue and connection to the public sewer cost the owner around £10,000.

Would you want an overflowing septic tank in your garden?

At Geodesys we had a similar situation where the CON29DW had indicated a connection, where none actually existed. The home owner had the same issue when waste from the septic tank flooded his landscaped garden but, in this case, Geodesys arranged and paid for connection to the public sewer, as well as for removal of the old tank and waste.

Call in the Geodesys experts!

At Geodesys, our internal experts are dedicated to producing the most accurate picture they can for you and your clients. If questions regarding the location of assets are raised either during our checking process or after you receive the search, we do our utmost to find out what’s really going on, including visits to the property.

Image on right shows underground cameras are just one example of the specialist equipment that we have at our disposal

Geodesys offers the CON29DW throughout England and Wales, turn around 97% of CON29DW (Anglian Water area) within 24 hours and offer in-house training / CPD on drainage and water.

For more information contact Matthew Bowles, Geodesys Client Account Executive on 07764 986563 or matthew.bowles@geodesys.com and start getting the full picture!

Why Choosing a Home Care Service is Difficult Angela Gifford, MD. Able Community Care Ltd.www.uk-care.com If you are looking for a home care option for yourself or a family member there are several areas of consideration that you are likely to take into account before making a decision.

•

The need to have care appropriate to need.

•

The wish to have that care provided by people you like, trust and with whom you can build a friendly, working relationship with

•

The need to be able to afford the cost of the care from a choice of several providers

The objective is that you can purchase a suitable care package, one that feels good, safe and is reliable.

This seems simple enough. With over 7000 home care providers you might imagine your wishes could easily be achieved.

However what we can expect from a care service is increasingly being designed by legislation.

Ask people and their families who they would like to have care for them and what emphasis they put on a person having a plethora of ‘general’ certificates as opposed to years of actual caring experience.i.e. they have actually had personal/professional partnerships with those needing care.

to pay. There is therefore an argument that the responsibility for ensuring that a relative is well cared for is a family responsibility and that the responsibility of the State is to protect and ensure good care for individuals who are unable to protect themselves from bad care.

With the removal of the ‘care cap’ from having a place in society for the next five years the responsibility of purchasing the majority of care will fall on families and individuals. A difficult path to walk.

The answer is likely to be the latter. However, in the UK, certification is the order of the day as laid down by the legislated inspection system. Comments from those being cared for carry very little weight if the paperwork is not in evidence.

Recently I obtained a certificate: Level 2 Award in Food Safety in Catering. I obtained this in 45 minutes online, answered 30 questions either from my head or by using my iPad next to my laptop and one hour later downloaded my impressive certificate.

Cost £10.00

I could have put in any name, I could have asked another person to ‘sit the exam’ for me, the certificate is worthless. However, such certificates are being issued daily and used as a recognised measure of caring competence. Even a Manual Handling Certificate can be obtained online.

As a result we have many care workers who cannot care and care providers have to reject sensible, caring, mature people who most of us would like to have looking after ourselves or one of our family members.

Of course there is a need for training, especially where there are complex needs, but the vast majority of people requiring supportive care do not have complex needs and do not require care workers trained to the legislation rather than a person or their family’s perception of what is required.

Care workers are transient. In the case of home care, they follow the work. One provider loses a council contract, they join the new provider. New induction training, refresher training, continuing, additional training requirements, all increase the cost of care.

With the new pension requirements, the new living wage rates, the cost of an hour’s care will further increase.

Most care providers are in the independent care sector, commercial organisations. In almost every other area of commercial business, organisations survive on whether they provide what their customers want at a price they are prepared

Untitled-3 1

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Offer may be varied, withdrawn or extended at any time. Hire provided by BMW Group Corporate Finance. BMW Group Corporate Finance is a trading style of Alphabet (GB) Limited, Europa House, Bartley Way, Hook, Hampshire RG27 9UF.

Probate Case Management versus Probate Accounting System Many probate professionals refer to probate software as “probate case management.”

This is a misunderstanding of the nature of probate software.

What is the cause of this misunderstanding?

Most software suppliers to the legal marketplace are not able or lack the vigour to replicate the full complexity of estate administration, which is primarily an accounting function. They therefore supply the case management tools that are readily available to them which they sell as “probate case management.”

Case management is concerned with workflows, mailmerging and task management. It is certainly a useful tool in the day to day management of events. It does not however lend itself to managing the finances of the estate.

The fundamental question to ask is: how useful is case management without an accounting system based on a professional database from which it can suck financial data. One discerning solicitor likened it to “trying to catch fish without bait.”

• accounting for packaged products such as ISAS and PEPS • listing the market value of equities and their dividends • calculating the cash value to the beneficiary who does not want shares • auto calculating the net or gross tax of equities, gilts and unit trusts • listing the foreign shares and calculating the tax due under the double taxation agreement • constantly recalculating the money due to the residuary beneficiaries

These accounting functions clearly require a dedicated probate accounting system. By contrast a spreadsheet is a blunt instrument. Only an experienced practitioner with a depth of knowledge can manage this work in such a manner. An experienced probate practitioner could even hypothetically manage the work on the back of an envelope. Not of course a recommended practice.

The reality is that case management is at best about 20% of the estate administration - the bulk of which is financial accounting.

Law firms who buy ‘probate case management’ are unwittingly selling themselves short. You will still need a tool to log the assets and liabilities of an estate. Many firms use spreadsheets to record the financials of an estate. Spreadsheets are useful but an inherently high risk tool, in contrast to a probate specific accounting system.

Spreadsheets are not inherently multiuser. Stuck on the sole computer of the user, they cannot be used on a central server by more than one user at a time without the risk of data being overwritten by one user over another.

Creating management reports with information using all data from all cases from separate spreadsheets is not feasible.

Inadequate management reporting is a significant risk factor for the firm, and is likely to alarm the auditors. The law society might look askance at such a practice, and you definitely will not win Lexcel accreditation.

Probate accounting involves a plethora of financial details, such as:

• logging the assets and liabilities • separating capital and income • dealing with post death income and accrued income • paying the gas bill and funeral expenses • dealing with post probate adjustments • an easy way to account for an abatement of assets • dealing with capital gains/losses and revaluations

Isokon

Financial information needs to be held in such a manner that it can easily be understood by any other member of the team. In an efficiently run firm, work needs to be easily delegated to a probate assistant when necessary. Otherwise taking on new work is limited, and you will be in deep trouble if you fall ill and require an assistant to pick their way through your spreadsheet.

An effective solution needs both case management and an accounting database, working in harmony with each other. The result is a profitable private client department. A number of probate managers have reported achieving gross profits in excess of 70% for their department as a direct consequence of using the Isokon accounting system combined with an integrated Isokon case management component.

For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.

Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com

Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over the last 15 years.

The company is currently the leading supplier of software for Probate and Private Client work. It is used by 36% of law firms who do private client work. It is used by more than 2,000 individual users. Isokon is used for the most complex estates, as well as basic estates.

Isokon is based on an accounting database engine with an integrated Isokon case management component.

22

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Suffolk & North Essex Law Society

Arts, Law & Social Sciences

Anglia Law School

Qualify as a

CILEx Chartered Legal Executive Lawyer FIND OUT MORE AND APPLY

CILEx Graduate Fast-track Diploma Starts January 2016

Email: admissionscpd@anglia.ac.uk

Tuesday and Thursday evenings

Visit:

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Chelmsford campus

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FIND OUT MORE AND APPLY Visit:

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Starts January 2016 Tuesday and Thursday evenings

Unit 22 Client Care Skills (Professional Skills) Unit 23 Legal Research Skills (Professional Skills)

Chelmsford campus

24

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Suffolk & North Essex Law Society

A Legacy of Discovery The Royal Botanic Gardens, Kew, having been at the centre of plant science for two and a half centuries, is leading the search for plant-based solutions to the greatest challenges facing our planet, including climate change, disease and food security. We have a long legacy of discovery, from the earliest plant hunters bringing back breadfruit, bananas and coffee under the guidance of Sir Joseph Banks in the 1700s, to the expert Kew scientists today who collectively describe around 200 new species a year and explore the many benefits plants can provide for human wellbeing.

If your clients love Kew Gardens or share our passion for the Millennium Seed Bank, inspirational horticulture, cutting-edge science, botanical art, heritage landscapes or global plant conservation, Kew Foundation (RCN 803428) is the perfect home for their legacy.

Our world-heritage listed Kew Gardens in Surrey and stunning botanic garden at Wakehurst in Sussex bring joy to more than a million visitors each year. We use the power of our science and the rich diversity of our gardens and collections to provide knowledge, inspiration and understanding of why plants matter to everyone, and provide interactive, educational sessions for thousands of school children each year to inspire a lifelong love of plants and the natural world.

We are also keen to work with local solicitors to offer a promotional Will writing week for our supporters. If you would like to raise the profile of your company in North Essex and Suffolk, build relationships with new clients and raise money to support the Royal Botanic Gardens, Kew, please get in touch.

Suffolk & North Essex Law Society

Without plants, there would be no life on Earth.

We would be grateful if they would consider sharing their wishes with us so we can acknowledge their kindness, include them in our exclusive legacy events and keep them up to date with our activities.

Contact: Kerry Watts on 020 8332 3249.

A legacy for their future Whether helping to protect our much-loved heritage gardens at Kew and Wakehurst or supporting the development of plant-based solutions for global challenges such as food and fuel security, a gift to Kew offers lasting benefits for future generations.

www.kew.org/legacy Contact Kerry Watts 020 8332 3249 legacies@kew.org

The Foundation and Friends of the Royal Botanic Gardens, Kew is a registered charity No. 803428. Registered in England and Wales.

www.snels.org.uk

25

Accountants’ Reports Suffolk & North Essex Law Society

the journey continues…

I have never been convinced that the provision of an accountant’s report is the most valued part of the business relationship between a law firm and its accountant. After all, compliance or otherwise is a matter of fact. With the exception of the narrowly defined ‘trivial’ breaches, if instances of noncompliance have been found by the reporting accountant, the report should be qualified. Given that the majority of accountants’ reports are qualified, the SRA had quite a task sifting through all the qualified reports to identify those which give rise to the greatest cause for concern. In other words they were in danger of not being able to ‘see the wood for the trees’.

So when the SRA embarked on the Regulatory Reform Programme early last year, one of the aims was to reduce this burden on the SRA and enable them to direct their resources more effectively to identify risks to client money as opposed to reviewing hundreds of qualified reports dealing with minor breaches.

The first stage of this process saw the removal of the requirement to obtain an accountant’s report for those firms which receive all their client money from Legal Aid Agency work, and to remove the requirement to submit an

1505A_LB_Law Society Mag_Ad_Layout 1 22/09/2015 14:35 Page 1

Accountant’s Report which was unqualified.

The next stage of this process, effective from November this year, is far more radical by comparison, as it involves reporting accountants exercising professional judgement in deciding whether or not to qualify their report. Reports should now only be qualified where breaches are material and therefore likely to put client money at risk. The accompanying guidance will provide a steer on what constitutes:

Best practice Adequate practice Below adequate practice This should provide reporting accountants with an opportunity to provide a more proactive and constructive outcome to the role of reporting accountant, rather than being forced to issue qualified reports for relatively minor administrative transgressions. That can only be a good thing. It will also help the SRA develop a more focused approach to identifying risks to client money.

The exemption from the requirement to obtain an accountants’ report where the average client balance is under £10,000 in a year and does not exceed £250,000 will also be widely welcomed by those firms falling into that category.

In the meantime we look forward to the overhaul of the rules themselves and we should then all feel more comfortable that we have a client money regime that is fit for purpose in the 21st century.

Disclaimer:

Please note that this article is provided for your information only.

Whilst every effort has been made to ensure its accuracy, information contained herein may not be comprehensive and you should not act upon it without seeking professional advice.

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