SOLO - The Sole Practitioner‘s Journal, issue 1

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TO INSPIRE, TO PROMOTE, TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE.

solo Autumn 2019

In this issue: The 23rd SPG Annual Conference Introducing our new insurance partners Our forthcoming Mรกlaga event & more...

contents autumn 2019

solo

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From the Chairwoman

17

Thank Yous

6

SPG Executive Committee

18

DNA testing in legal practice

8

Honorary Secterary‘s Autumn Report

20

Managing internal & external procedures

10

23rd Annual SPG Conference

21

The end of ADR?

13

Introducing our new insurance partners

22

Social care and loneiness

14

Next year‘s Annual Conference

23

A challeng to legacy giving myths

16

Council Member’s Report

26

Book reviews

17

Forthcoming Regional Events

30

Fridays at Quills

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From the Chairwoman protect us from potential dumbing down of the profession by those who understand the price of everything and the value of nothing.

The Secretary’s report deals with this in more detail, and we have a Special General Meeting in November when members are invited to attend at the Law Society’s Hall at Chancery Lane when we can discuss and debate the issue, which will no doubt be lively and informative.

Dear Members, I was honoured to be elected as Chair at our fabulous conference in April in Manchester, and hope that I can maintain and increase the level of success in many different aspects of sole practitioners’ business and professional lives.

To give the best service to our members, we need the best tools, and with that in mind we are working on revamping the website to make it more interactive and informative. In particular, we want members to be able to book places for national and local events online, and we intend to set up a members only networking group onsite to cross refer work and consult with colleagues.

First of all a huge thanks and congratulations to Tahira Shaffi on her successful year as Chair, and her brilliantly inspired Bollywood themed Conference in Manchester. I am sure all those who attended gained serious professional information and insights, as well as having a marvellous time. More of that in the conference report – but look out for our promotion for the 2020 conference in this issue. Earlier notice than ever – giving you all time to plan for a June break in Malaga with added professional benefits. I look forward to seeing many of you there.

Sole practitioners face many challenges at this time, but we can use some as opportunities to grow our membership, without diluting the quality of our status. So, we are considering how we can best deal with the change in the way solicitors practice, in particular freelancers, consultants and those in multi disciplinary practices who may be the only solicitor. I believe we should encompass all as long as they are, within their practice, effectively working as a sole solicitor principals, and they offer appropriate levels of client security by way of insurance. We will be stronger as a group if we move with the times and embrace new ways of practice while insisting on maintain standards to ensure client confidence and professional status. This will increase our numbers and our reach as a group, and

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of the new approach – or even if you notice no difference!

My work so far has been in the background preparation for the conference, including popping over to Malaga while I was on holiday in Spain to choose and test our hotel the Barcelo.

While there I have secured sponsorship from a local firm De Cotta for a reception at the Thyssen Museum with a private tour on the Friday, where we can network with our international colleagues as well. I have also attended a Parliamentary Reception for the SRA at the House of Commons, promoting the interests of SPG and our excellent relationship with the SRA particularly Jane Malcolm, Executive Director of External and Corporate Affairs, who has confirmed we can expect their support, sponsorship and attendance at our conference in Malaga.

Penny Raby with Anna Bradley at Parliamentary Reception

Penny Raby with Jane Malcolm at Parliamentary Reception My work as Chair is simply to lead the Executive to continue their excellent work in the best direction to benefit our members, and I am hugely appreciative of all of their efforts.

We are always looking for new Executive Committee members, and you can attend an executive meeting as an onlooker before you commit yourself. I am delighted to welcome David Barton as our newest Executive Committee member, who has taken on the task of guiding our SOLO magazine into a new era of commercial production, for which we are extremely grateful. Do tell us what you think

None of our work would be possible without significant sponsorship, and we have been delighted to form a new relationship with Lockton Insurance Brokers this year. Their support and generosity enables us to look forward to future events and services for members in the security that we can plan with solid financial backing.

We all on the Executive look forward to a busy and productive year, and hope that yours is as exciting, productive and profitable as you desire.

Penny Raby SPG Chairwoman 2019 – 2020 Please contact me at pennyraby@harmony-house.co.uk

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Sole Practitioners Group Executive Committee 2019 Penny Raby Chairwoman and Head of Conference Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and, with Mike, has toured their networking pantomime ‘Snow White and the Seven Small Business People ‘ internationally, including a notable performance at the 2016 SPG Conference in Prague!

Tel: 01386 555 114 Email: pennyraby@harmony-house.co.uk Penny Raby & Co, Harmony House, 7-9 Church Street, Pershore, Worcestershire WR10 1DT

Joanna Connolly Vice-Chairwoman Joanna Connolly specialises in the areas of Consumer Credit, Contentious Probate, and Insolvency. Joanna is a solicitor with Higher Rights of Audience who is qualified to represent clients as an Advocate in the higher courts in England and Wales. She was previously Head of Consumer Credit Litigation at MSB Solicitors and has had extensive litigation experience both at County Court and High Court level. Joanna had conduct of the lead Consumer Credit Act High Court case Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) as well as cases in the Court of Appeal.

Tel: 0330 053 9340 Email: enquiries@joannaconnollysolicitors.co.uk Joanna Connolly Solicitors, 33 Cheadle Avenue, Liverpool L13 3AE

Kem Masinbo-Amobi Honorary Treasurer Kem qualified as a solicitor in November 2002 under the tutelage of Mr Martin Mears (former President of the Law Society). Kem has over sixteen years commercial experience gained in a variety of demanding and challenging environments.

Kem’s employment history includes time spent at some of the most prestigious legal firms in Suffolk and Norfolk. A keen gardener, Kem has completed the RHS Level 2 Certificate in Horticulture and her other hobbies include reading, travelling and cooking in true “Nigella” fashion.

Tel: 01473 760 046 Email: kem@kmasolicitors.co.uk KMA Solicitors, Saracens House 25 St Margaret’s Green, Ipswich, Suffolk IP4 2BN

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Clive Sutton Honorary Secretary & Council Member Clive specialises in litigation covering most aspects of private and commercial work and has been a sole practitioner in Lymington in Hampshire since leaving a partnership in 1998. His other interests are as Chairman of his local Amenity Society in Lymington and Trustee of the New Forest Centre Museum in Lyndhurst. In the past he has served as Chairman of the local Citizens Advice Bureau and Churchwarden and in the early 70s as a Resident Magistrate in the Seychelles.

Clive has been an SPG committee member since 2000 and served as Chairman, and then as Hon Secretary and Chair of the Insurance Subcommittee from 2006. He was on the Law Society Council Membership Committee for 10 years and since 2017 has been the SPG Nominated Law Society Council Member, serving now on the Councils Scrutiny and Performance Committee.

Tel: 01590 672 595 Email: solicitor@clive-sutton.co.uk Clive Sutton Solicitor, 3 The Old Print Works 85b High Street, Lymington, Hants SO41 9AN

Sushila Abraham Solicitor Sushila has lived in Surbiton, Surrey for over twenty years.

She decided to start her own practice locally because she wanted to offer quality and care to the local community. She also wanted to be free from pressure to overcharge clients in order to meet the profit and billing targets set up by some of the bigger law firms. She is married to Matthew a barrister, and they have one son who has also qualified as a barrister.

In addition to being wife and mother, running her practice in Surrey, and her role on the SPG Executive Committee, Sushila is also ‘Cllr Sushila Abraham’, having been elected as Lib-Dem local councillor in the Borough of Kingston in a by-election in February 2013 and then re-elected in May 2014. Sushila was also President of Surrey Law Society and was elected as Law Society Council Member for Surrey. She is also a Board member of the Membership Board at the Law Society and a Trustee of ICLR representing the Law Society. Sushila is a very community minded person and had run cookery classes for local school children, which she called “Suzie’s Kitchen”, believing in the importance of teaching life skills.

Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk S Abraham Solicitors 290a Ewell Road, Surbiton Surrey KT6 7AQ

Sukhjit Ahluwalia Head of Marketing Sub-Committee Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal one to one service and believed that this could be best done through his own practice.

He has been based in Goodmayes in Ilford since 2003. In his private life, Sukhjit likes to get involved in a number of charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private life or in their professional capacity.

Whilst he is quite a shy person, Sukhjit has been part of two documentaries exploring the changes that have taken place in the traditional arranged marriage process. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by.

Tel: 020 8215 0884 Email: sukhjit_ahluwalia@ae-law.co.uk Avery Emerson, Gloucester House, 335 Green Lane, Ilford Essex IG3 9TH

Moses Ajayi Solicitor Moses was admitted as a Barrister and Solicitor of the Supreme Court of Nigeria in 1987. He has also been admitted as a Solicitor of the Supreme Court of England and Wales. Moses is a Sole practitioner and specialises in Human Rights and Immigration. He is also engaged in general civil and criminal matters on a private fee basis. In his spare time he enjoys sailing and has participated in many sailing events around the world. He also enjoys discovering new places and spending time with his family.

Tel: 020 7733 6506 Email: brazenglow@aol.com Slade & Fletcher Solicitors 1st and 2nd Floors 348a Camberwell New Road London SE5 0RW

David Barton Editor of Solo David qualified as a solicitor in 1982. For 20 years he was a partner in a medium-sized mid Kent firm from which he retired in 2003 to start his own practice as a sole practitioner. Since then he has specialised in solicitors’ professional misconduct and criminal road traffic work. In April 2002 David was awarded the Higher Court’s (All Proceedings) Qualification.

From 1996 until 2016 David was one of the SRA’s external prosecutors. He also advised and represented solicitors and their firms in regulatory difficulty, and now does that exclusively.

David is married with 3 grown up children. He is a keen cyclist, golfer, walker, traveller and reader.

Tel: 01580 292409 Email: davidbarton@dblaw.co.uk

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David Barton Solicitor Advocate Limited Flagstones, Biddenden, Kent TN278JG

Rahil Chaudhuri Solicitor Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and then went on to train and work at some of the most prestigious law firms in the City before joining Arlingsworth in 2005. Rahil is a highly experienced and versatile solicitor and has practiced in the fields of immigration, family, commercial, employment and litigation for the past 20 years. He now specialises predominantly in immigration, human rights and company law.

Rahil has become a leading authority in these areas. Rahil’s client base spans a wide range of sectors from multinational companies to private individuals. Rahil always works tirelessly to achieve successful results for his clients and he is driven by providing exceptionally high standards of client care.

Tel: 01273 696 962 Email: rahil.chaudhuri@arlingsworthlaw.co.uk Arlingsworth Solicitors Ltd, 145 Islingword Road Brighton, East Sussex BN2 9SH

Dorcas Falode Solicitor Dorcas is a Sole practitioner, at home and abroad. She recently celebrated 10 years of being a SP with offices in London and Lagos.

She flies in and out of the UK on a regular basis dealing with a variety of cases. She specialises in Immigration Law dealing with entry clearance cases, family reunion, visitors’ and students’ visa applications. The practice also deals with family and education cases, giving a voice to the weak and defenceless. Dorcas is married with four children. When she is not busy attending to clients, she works as a counsellor, nurse, cook, taxi driver, tutor of her four young adults. She loves to travel and finds shopping very therapeutic.

Tel: 020 3223 1061 Email: df.solicitors@yahoo.co.uk DF Solicitors, 791 Sidcup Road London SE9 3SB

David Hinde Solicitor David is a dispute resolution specialist with over 20 years’ experience dealing with civil and employment law matters. After reading law at the University of London he trained and qualified in the City of London working at leading law firms before starting his own niche practice as a sole practitioner based in Covent Garden. Acting for individuals and SME companies he has dealt with a wide-range of cases ranging from judicial review in the European Court of Justice to contract and

property disputes in the High Court and County Court. He is a member of the Employment Lawyers Association and speaks French. Married with a son who keeps him very busy when not in the office, he is also a school Governor of his local Primary School and enjoys reading, cycling and the cinema.

Tel: 020 7112 5209 Email: admin@hinde-law.com Hinde Law Ltd, 71 - 75 Shelton Street London WC2H 9JQ

Hamish McNair SRA Liaison Lead Hamish is based in Fulham, London.

Having initially specialised in copyright and trade mark work, both in the City and New York City, his practice now includes conveyancing, wills trusts and probate, as well as litigation. Married with three children, when Hamish is not in the office or involved in SPG matters he enjoys open-air swimming, sailing, overnight bike rides, and also has a passion for the theatre.

Tel: 020 7371 7896 Email: hamish.mcnair@mcnairlaw.co.uk McNair & Co, EBC House, Ranelagh Gardens London SW6 3PA

Oluwakemi Mosaku Solicitor Kemi was called to the Nigerian Bar as a barrister and solicitor of the Supreme Court of the Federal Republic of Nigeria in 1989 and admitted as a solicitor of the Supreme Court of England and Wales in 2004.

She has a varied work experience which includes working in the immigration department of the Home Office, private practice both in legal aid and privately funded matters in the UK. Her last role was head of immigration department in a firm before setting up as a sole practitioner. She specialises in Immigration and Human Rights Law. She also undertakes family law work and landlord and tenants. Outside of work Kemi is a trustee in a thriving charity and enjoys spending time with her three sons. She also enjoys keeping fit, music, networking, reading biographies and current affairs.

Tel: 01634 780 230 Email: info@emeraldsolicitors.co.uk Emerald Solicitors, The Old Courthouse, 1 The Paddock, Chatham, Kent ME4 4RE

Tahira Shaffi Past-Chairwoman Tahira has been a practicing solicitor for 20 years. She set up as a sole practitioner after being made redundant in 2010. She has found the SPG to be an extremely helpful point of contact on so many issues which are affecting the whole profession whilst paying particular attention to the needs of Sole

Practitioners. Tahira understands that being a sole practitioner can be a lonely experience but networking with like-minded individuals makes all the difference. She is glad that there is an independent body outside of the Law Society that is working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has lots of interests outside of the law including politics. Tahira was previously an LEA school governor and has stood as a candidate in the local elections and is passionate about civic duty and putting something back into the community.

It is a lot to juggle with but Tahira is proud of the work of the SPG because she believes in better representation for Sole Practitioners!

Tel: 0161 222 6092 Email: info@mikhaellaw.co.uk Mikhael Law, 197 Rochdale Road Bury, Lancs BL9 7BB

Lubna Shuja Council Member Lubna qualified as a solicitor in 1992. She was a partner in a high street firm in West Yorkshire for many years and then started her own practice in Birmingham in 2007 undertaking mediation, family and civil litigation.

Lubna became a CEDR accredited Mediator in 2005, and is dual qualified to conduct both Civil and Family mediations. She has done shuttle mediations (where parties prefer not to meet) and also time limited mediations (2-4 hours duration).

Lubna is also involved with various regulators and she Chairs a number of Disciplinary/Professional Conduct Committees. She is a Law Society Council member where she represents the interests of sole practitioner, Chair of the Law Society’s Membership and Operations Committee, and she also sits on the Law Society Board.

Tel: 0121 551 7866 Email: info@legalswan.com Legal Swan Solicitors, 1st Floor, 168 Hamstead Road, Handsworth, Birmingham B20 2QR

Nicholas Woolf International Arm Nick was admitted as a solicitor in 1979 and was a junior partner in two firms in London before starting his own practice in the West End in 1987. In 2011 he moved on to create a niche international commercial and family practice in Chancery Lane. He is a Member of the Solicitors Family Law Association and has trained other professionals on family law matters and antimoney laundering. Nick is married with four children and he has a range of hobbies which include travel, music, tennis, reading and photography.

Tel: 020 7242 6018 Email: info@nicholaswoolf.com Nicholas Woolf & Co Solicitors 87 Chancery Lane, London WC2A 1ET

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Honorary Secretary’s report for autumn 2019 edition of solo

For the Spring 2019 edition of solo my only contribution as secretary needed to be the introduction of Lockton as our partner to whom we can recommend members as our preferred insurance broker to obtain their professional indemnity insurance.

That partnership got off to a flying start with their involvement in our annual conference in Manchester.

Those of you who were there will remember that conference as being a great success and I have no hesitation in reminding you of the next conference which is to be in Malaga in Spain on the 5th, 6th and 7th of June 2020.

That brings me to my first technicality to alert you to as honorary secretary. The constitution provides that the Annual General Meeting must be held in England and Wales which was an acceptable position before modern communications to ensure that everyone who wanted to be at the AGM could be involved.

However, we have now had two successful annual conferences abroad in Paris and in Prague and now to be in Malaga and on each of the previous occasions it has been necessary for us to have another AGM in England and Wales to comply with the needs of the constitution.

The view of the committee now is that the rule that there should be an AGM in England and Wales can be relaxed so long as anyone who cannot go to the conference or does

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not want to go to the conference can be involved in it through a Skype communication.

Accordingly, the proposal is that the conference will be allowed to be abroad so long as a Skype communication with any individual member wishing to be involved, is available and is working.

however were never really within The Law Society but have always been an independent group originally supported by The Law Society but now self supporting, and the view of the committee is that that independence should continue to be able to give our members the best independent support.

The executive committee is likely to agree this amendment at its next meeting on 5 September to be followed by a Special General Meeting at The Law Society on 14 November at which the amendment will be proposed. There will be a formal email circulation of the amendment with the notice of that meeting. This will be coupled with a presentation by Lockton. I hope many of you will come as it is in London at The Law Society and will be an occasion for as many members as possible to get together and discuss matters in addition to just the amendment.

However, we are regaining strong links with the Society through Lubna Shuja, my fellow Council member who is now chair of one of The Law Society boards, as well as myself as a member of the Performance Scrutiny Committee of Council.

Another matter for discussion at a Special General Meeting or AGM will be whether the membership of the group should be extended to accommodate newer types of practice by sole practitioners or solicitors effectively practising on their own whether with a regulated business or not. Changes in practice will be introduced by the SRA in November and the current view of the executive committee is to wait to see the effect of those changes before making any changes to the constitution.

Can I commend to you the support that the Group receives from Penny Raby as Chairman, Kem Masinbo-Amobi as Treasurer and Jo Connolly as Vice-chairman who, with myself, make up the officers of the executive committee, and in that role we are admirably supported by Charley Masarati and her partner Nick.

Finally, some of you may know that I had a 10 year involvement with the Council Membership Committee. Following the changes to the Board structure of The Law Society Council, it was agreed that the Council Membership Committee would come up with proposals for changes in the representation of the membership by Council.

There is a wide-ranging report which is now available for circulation and if anyone wants to see it, do please let me know and I will forward it to you. So far as sole practitioners are concerned the report leaves the basis for two sole practitioner solicitors as Council members but encourages the SPG to “return to the fold” of The Law Society. The SPG

Any views by members as to our future relationship with The Law Society would be welcome either privately to the executive committee or aired at our next General Meeting in November and subsequent AGM next June in Malaga.

At the moment we have vacancies for committee members and it is open to anyone to come to committee meetings as an observer and then to seamlessly become a member of the committee and be formally nominated a member at the next AGM. We welcome David Barton as our most recent committee member following the last AGM. Finally on a more informal and personal note can I report that Hamish McNair, the executive committee chairman of the SRA subcommittee, and I formed the sole practitioner contingent amongst the 5,000 or so solicitors who made the 10 km London legal walk in June and as a result the Group contributed £500 to the legal charities.

Clive Sutton Honorary Secretary August 2019

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SPG 23rd Annual Conference ‘Empowering your practice‘ 5th-7th April 2019 The weekend of the Grand National at Aintree brought extraordinary ladies outfits to the conference hotel, adding to the exuberant atmosphere for yet another great success.

Our Chair, Tahira Shaffi, had been inspired to choose a Bollywood theme for the Gala Dinner, with authentic Indian dancers and musicians leading the guests in procession from the champagne reception to the Bollywood style decorated gala dinner itself.

as Kenny Everett used to say ‘all in the best possible taste‘.

This year we revived the breakout sessions updating the law on various practice specialisms, which was extremely popular and will be repeated in 2020, with the addition of Family Law. It was heartening to see such enthusiasm the morning after the Gala Dinner!

This was the ultimate highlight for a conference which not only entertained, but also informed and stimulated debate and networking amongst the sole practitioner members and their guests.

Our keynote speaker Peter Wilding, Brexit Director of FBC Manby Bowdler and Chairman of British Influence, gave a fascinating talk on How Small Practices Can Survive Brexit, encouraging us to be pragmatic and emphasising the flexibility of small organisations over larger firms.

Riverboat tour of Manchester

Business sessions included Brian Boehmer, of our sponsor Insurance Brokers Lockton, advising us on Dealing with Complaints, Improving Cashflow by Helen Fleet, Financial Strategist, and an enlivening session from Richard Fallon on Sunday morning on Marketing on a Shoe String.

Once again, the Law Society and the SRA spoke on a joint platform, engendering lively debate, particularly on the interface between flexibility in practice and dumbing down the profession. Strong views were expressed, but

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Inside the boat

We were also delighted to give an opportunity for the Solicitors Assistance Scheme and Lawcare to address the group, and we raised an extraordinary £1,235 through the raffle and payments for much needed back and shoulder massages throughout the weekend, all of which was given to the Chair’s chosen charity Bury Hospice.

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... at the Marriott Hotel, Manchester.

As Conference Organiser, huge thanks to all who made this wonderful event run so successfully. In particular Tahira Shaffi, who chose to take on a huge role above and beyond the usual contribution by the Chair.

Next year we are booked for Malaga 5 th to 7 th June. Do book early, including flights and accommodation, as it its clear that this will be extremely popular and that will also ensure best prices.

I look forward to seeing you!

Penny Raby Conference Chair & SPG Chair 2019 – 2020

Clockwise from top left: Jane Malcolm - Executive Director External and Corporate Affairs of SRA Robert Bourns - Chair of The Law Society Board Bollywood Gala Dinner Procession

Lord Mayor of Manchester Councillor Abid Latif Chohan, Former Chairwoman Tahira Shaffi & Current Chairwoman Penny Raby

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The SPG at the Bollywood Gala Dinner

Drinks Reception

Dancing!

Attendees Lockton Mugs

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Introducing our new partners We are pleased to be new insurance partner for the Sole Practitioners Group and are excited to work with the membership moving forward. We are looking forward to assisting as many SPG members as possible with your insurance requirements.

The Lockton SPG Offering Thank you to the numerous members who kindly took the time to complete the PII survey we recently designed. The aim of the survey was to provide ourselves with a further understanding as to the needs of sole practitioners across England and Wales in order to shape our offering accordingly.

The survey showed us that the main considerations for firms when dealing with their PII renewal are overall cost, stability of insurer and run-off cost. As a direct result of the responses, we have managed to negotiate enhancements in coverage with a number of insurers, which otherwise would not have been possible within the marketplace. We are pleased to advise that the enhancements are available exclusively to sole practitioner clients of Lockton, for those of you who utilise our services currently and for those who we hope to work with moving forward.

It has been widely documented in the insurance press that the UK Professional Indemnity Insurance (PII) market is challenging. A more granular focus on the England and Wales legal PII market shows that a number of Participating Insurers are reviewing their solicitor portfolios as a direct result of claims activity.

Despite this, it is not all doom and gloom, especially for sole practitioners.

Dependent upon the profile of a firm, we have direct access for up to 11 Participating SRA Insurers, many of whom thus far have been very receptive to growing their market share of sole practitioners.

We have also worked with our panel of Insurers to ensure a reduction in their minimum premium levels in respect of certain work profiles, in particular firms practicing in low risk areas of law. Last but by no means least, we have also secured agreement from two of our main insurer partners to reduce their run-

off premium for the SPG membership, one of the higher priorities arising from the survey.

The changes outlined above are just the beginning of our intentions for the SPG, we will be evolving our offering and will be engaging directly with member firms to assist us in doing so.

Our approach to all members will be consultative, if there is anything you feel could be improved around the PII renewal, or any further enhancements you would like to see made then we would be glad to hear from you.

Professional Indemnity Insurance: Our advice as to how best to prepare for renewal Whether you enjoy the process or (most likely) not, the PII renewal is one of the most important tasks you will undertake throughout the year.

When an Underwriter turns the pages of your Proposal Form they can quickly identify how much, or how little, time and effort has been invested in its completion. It is important that you take the time to prepare a presentation that represents your practice appropriately. Remember, it is not only about the work that you undertake, it is how you do it. If you do not take the time to articulate to insurers how or why you should be treated differently, then you run the risk of an Insurer not being adequately armed to be able to differentiate your practice.

Recognising the Proposal Form generally only asks for historic information, it is also important to advise what your plans are for the future. What do

the next five years look like? Due to the long-tail nature of the class, PII Underwriters will naturally look into your history but also have an eye firmly focussed on the future, if they feel that you have the same attitude then it can help.

Another suggestion would be to add as much relevant additional information as possible. We highlight the word ‘relevant’ as you should stick to material information. Whilst Underwriters will have no use for your office manual, you may wish to include improvements that you have made to your internal processes and procedures to evidence good risk management.

In addition to reviewing the presentation that you prepare, we know that prudent underwriters will look to access and review all readily available information. It is important to ensure that you do not have any discrepancies in your presentation, your website along with what the Law Society have as the areas of practice undertaken at your organisation. Advertising areas of law on your website or having incorrect areas of practiced listed on the law society that are not identified on the Proposal form can deter underwriters putting terms forward for your consideration, as they may think that you are materially non disclosing information – especially if missing items are from higher risk areas of law.

We hope that you find value in the above suggestions, and that our tips are thought provoking.

If you have any questions then please get in touch. To reiterate, we truly are excited to have the opportunity to work with the SPG, and look forward to forming working relationships with those SPG members who have an interest in doing so with us.

Danny Seaman Lockton Solicitors solicitors@uk.lockton.com 0330 123 3870

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24th Annual Conference Malaga All sole practitioner solicitors are invited to join us at our Annual Conference weekend. We also invite members of small firms who will find our event extremely useful and an economical way to achieve training objectives. As with previous conferences, you are most welcome to bring family members to enjoy the social side of the weekend.

knights since they settled on this street, with the Palacio de Buenavista as its most significant feature. Visit the Cathedral and see real works of art. Stroll down Málaga’s main street and learn more about the Marqués de Larios. Admire buildings of different ages and be enthralled by the stories that the city can tell.

The conference will start on Friday 5th June 2020 with three exciting optional events, a morning golf competition, an afternoon tour of Málaga City and our Drinks and Tapas Reception at the Carmen Thyssen Museum. The reception at the Carmen Thyssen Museum is for adults only and is your opportunity to network with national and international colleagues.

Saturday and Sunday daytime will be full of presentations by eminent guest speakers, covering everything you need to know as a Sole Practitioner. The President of The Law Society,

2020’s Annual Conference will be in the glamourous and historic city of Málaga on the edge of the Mediterranean Sea. More than 3,000 years of history have passed since Málaga’s establishment by the Phoenicians up to achieving the beautiful, friendly and cosmopolitan city that enchants tourists from all over the world today.

The Roman Theatre and garum (Roman fish paste) pools will take you to the times of Roman Hispania. Meanwhile, the Alcazaba is the most beautiful living example of the period of Muslim domination. Experience the reconquest (La Reconquista) by the Catholic Monarchs from the Santuario de la Victoria (the Shrine of Victory).

Or stroll along Calle San Agustín, formerly known as the Calle de los Caballeros, the street of the

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Simon Davis, has confirmed his attendance and representatives from the SRA and Legal Ombudsman have also been invited to attend, use this opportunity to have your voice heard.

Our Fiesta on Saturday evening promises to excite, featuring authentic Spanish cuisine and entertainment, party the night away in Spanish style.

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THIS IS A CONFERENCE NOT TO BE MISSED!

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Programme Friday 5th June 2020 09:00 to 13:00 Golf Morning 12:00 to 19:00 Registration: Please visit the registration desk when

you arrive to pick up your welcome pack 14:00 to 17:00 Afternoon tour of Málaga City 19:00 to 22:00 Drinks & Tapas Reception at Carmen Thyssen Museum (Adults only, smart casual wear)

Sponsored by De Cotta Law Saturday 6th June 2020 (Suggested CPD hours: 6) 09:00 to 09:20 Registration 09:20 to 09:30 Welcome to Conference with Penny Raby, SPG Chair

09:30 to 17:30 Business and Professional Practice Sessions

including the AGM of Sole Practitioners’ Group.

18:30 to 19:30 Cava Reception 20:00 to late SPG Fiesta Gala Dinner including a Spanish Feast and Flamenco Sunday 7th June 2020 (Suggested CPD Hours: 4) 09:30 to 11.30 Legal Update Breakout Sessions for

Specific Subjects 11:30 to 12:00 Refreshment Break 12:00 to 12:50 Business Advice Sessions 13:50 to 14:00 Close – SPG Conference with Joanna Connolly,

New SPG Chair

Accommodation Accommodation - bookings to be made DIRECTLY BY DELEGATE WITH THE HOTEL. The rates have been confirmed as: Double for single use……… 151,80€ Double for double use……. 162,80€ *TAXES included *Price per room and night *Bed and breakfast Bookings are to be made via Barcélo’s website. Please book quickly as rates are subject to change.

Prices Sole Practitioner Delegate – Both Days £180.00 including VAT (£150 excluding VAT) Sole Practitioner Delegate – Saturday £150.00 including VAT (£125 excluding VAT) Sole Practitioner Delegate – Sunday £90.00 including VAT (£75 excluding VAT) Non-Sole Practitioner Delegate – Both Days £240.00 including VAT (£200 excluding VAT) Non-Sole Practitioner Delegate – Saturday £180.00 including VAT (£150 excluding VAT) Non-Sole Practitioner Delegate – Sunday £120.00 including VAT (£100 excluding VAT)

Saturday Drinks Reception & Fiesta – child place £24.00** including VAT (£20 excluding VAT) Saturday Lunch – Adult Guest Place £34.00** including VAT (£30 excluding VAT) Saturday Lunch – Child Guest Place £15.00** including VAT (£12.50 excluding VAT) *Includes wine and soft drinks **Includes soft drinks All prices are per person.

FAQs Where is the hotel?

The hotel is 10.3km away from Malaga/Costa del Sol Airport and 500m from San Andrés beach/Huelin beach.

What are my transport options for getting to and from the event?

There is a train which operates from Málaga airport directly to the Barceló.

Alternatively, there are always plenty of taxis for you to jump in.

For maps and transport information please visit the Barceló Málaga website. https://www.barcelo.com I don’t want to stay at the Barceló Málaga, what other accommodation options are there?

There are also many other hotels in Málaga, catering to a number of different budgets. For more information please see the accommodation section of http://www.malagaturismo.com/en# I want to bring my family with me to Málaga, what can they do whilst I am attending the Conference?

There is something for everyone in Málaga!

Your family could spend the day on the beach, visit the local artisan markets, visit the local museums and art galleries, or spend the afternoon by Barceló’s rooftop swimming pool.

Please note the delegate fee includes the daytime programme only. Lunch on Saturday is included in the price for the delegate only.

Friday Golf Morning TBC Friday Tour of Málaga City TBC Friday Drinks & Tapas Reception at Carmen Thyssen Museum There are lots of ideas at http://www.malagaturismo.com/en Free of Charge, restricted places, please book early, adults only Saturday Drinks Reception & Fiesta adult place How can I contact the organiser with any questions? £66.00* including VAT (£55 excluding VAT) Please email Charley or Nick at info@spg.uk.com or call 01895 256972.

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Council Member‘s Report A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA practice management tools, predictive analysis, and knowledge management and research. Reasons for solicitors not using these include culture, training, operation and regulation. The legal sector is still behind the financial sector in the use it makes of technology.

For those of you who want to know more about “Lawtech”, there is a great deal of information available on https://www.lawsociety.org.uk/ support-services/lawtech/ which is The Law Society’s new Lawtech webpage. Members

I attended the Law Society Council meeting, along with Clive Sutton, on 4-5 July 2019 which culminated with the Law Society AGM at which Simon Davis was appointed President of the Law Society, David Greene was appointed Vice-President and Stephanie Boyce was appointed Deputy Vice-President. SPG looks forward to working with all the new office holders over the next year. Sole practitioners (“SPs”) will have an opportunity to meet Simon Davis at SPG’s Annual Conference in Malaga on 5-7 June 2019. Some of the key issues we discussed at the Council meeting in July 2019 are set out below together with an update on current Law Society activities.

Freelancers The SRA handbook changes, which are due to be introduced in November 2019, will allow for a new category of solicitor – the ‘freelancer’, practising in their own name and not employing any other staff (if they are offering reserved services). The Law Society has been running an information campaign to encourage members to be ready for the changes. It is also offering help and guidance for those who want to consider becoming a freelancer as well as guidance to other members on how to work with freelance colleagues. There will be web resources, a practice note (due in August), a blog and articles as well as webinars and e-learning available on the website.

Legal technology This is a growing area of work which covers document automation, use of chatbots,

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can access a series of “Tech Talks” podcasts which include an introduction to lawtech for those who are new to the concept. The page has already had over 2,000 hits in the first two weeks and the podcasts were viewed over 200 times. The Law Society is also working with partners such as Legal Geek and Barclays Eagle Labs. Next steps will include developing a digital guide and rolling out events on the topic to regional legal centres, so do try to attend one in your area if you can.

Promoting the profession SPs may have noticed the latest solicitor brand advertising campaign being run by the Law Society to promote the profession. With the forthcoming changes in regulation, it is important the public’s awareness of the value of using a solicitor is emphasized. The advertising began in July 2019 and included: (a) Outdoor advertising on tube, rail, trams and railway stations: • London underground – for 2 weeks • Rail 4-6 weeks and tram /metro /rail interiors for 4 weeks in different locations) • Bus posters – for 6 weeks (b) Radio, Spotify, TV, social media and PR / press • Spotify ads (new for 2019) for 4 weeks in July • Radio ads (new for 2019) for 4 weeks in July.

• Sky TV advert for 4 weeks targeting border England, Midlands, East, HTV Wales (c) Ongoing all year continuously from 1 Nov 2018 to 31 Oct 2019 • Social media advertising/posts on Instagram, Facebook, LinkedIn and Twitter • PR regional newspaper columns

(d) Other forms of Media • There have been more broadcasts and national media coverage including a story on the front page story of the Financial Times on Artificial Intelligence, an appearance on the Today programme by the previous President Christina Blacklaws speaking on ethics and algorithms, and wide-ranging coverage of the Law Society’s Legal Aid Deserts campaign on Radio 4’s Today programme and BBC news.

Non-Disclosure Agreements The Law Society has launched a new public legal education initiative to help the public understand their rights when faced with non-disclosure agreements (NDAs). Information is being disseminated to the public and through partner organisations and law firms. Members can also access information at https://www.lawsociety.org. uk/support-services/advice/practice-notes/nondisclosure-agreements-and-confidentiality-clauses/.

Regulation Professor Mayson’s independent review is looking at the future regulation of the profession. The review is considering a number of possible regulatory models for the future, including models for the regulation of activity (reserved or otherwise) and/or the solicitor title. There are advantages and disadvantages associated with the various models proposed and Council agreed it will be important to assess carefully the impact of potential reform, particularly in relation to areas proposed to be more lightly regulated, bearing in mind the public interest and public protection. It is anticipated that a report from the review will be produced in October. Council remains firmly committed to the principle of regulatory and representational independence from government.

If you have any views on aspects of the Mayson Review, please do contact me with your views.

Ethnic Minority Lawyers Division (EMLD) The EMLD shared some of the work they have been doing. Statistics for 2017 highlighted the increase in the proportion of BAME solicitors – from 2% of the profession in 1987, to 16.5% now.

However, one of the issues is that BAME solicitors feel there is too much focus on London, so the Law Society has been running events in the regions.

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There has also been active dialogue about BAME representation in local law societies, and with several UK law firm networks that focus on BAME issues. If you are a BAME SP and there is an EMLD event in your area, please do attend to find out how you can get involved.

Other Council business The Council agreed to keep the proposed Practising Certificate fee at the same level for the third year running. This proposal will go on to the Legal Services Board for approval.

The Audit Committee presented its annual report to Council, having assured the Board that the

financial statements for 2017/18 are true and fair.

The Law Society’s annual report and accounts are published on the Law Society website.

Council was updated on the Law Society’s evolving business plan for 2019/20, which will include policy themes of access to justice, the role of profession, technology, civil justice, regulation, property and Brexit. There will also be a focus on the Member Offer which includes events, accreditations, commercial income, insights and data.

Regular updates from my Law Society activities can be found on the SPG website on spg.uk.com.

If you would like any further information on Law

Society activities, or wish to discuss any issues affecting sole practitioners, or would like me to raise any matters with the Law Society, please do not hesitate to contact me on info@legalswan.com or on 0121 551 7866. I would also be interested to hear any thoughts you may have about how the Law Society can support you or what you would like to see it doing for you.

Lubna Shuja Law Society Council Member for SPG Chair of the Law Society Membership and Communications Committee Member of the Law Society Board, August 2019

Forthcoming Regional Events Whether you are a new SP or already have a wealth of experience running your own firm, why not contact your regional group and find out what events they run.

Regional Group meetings can be the perfect opportunity to air your views, keep up-to-date with changes that affect your practice, meet like-minded solicitors, make new contacts, share ideas, earn CPD points, make new friends…

Bradford Regional Meeting 20th September 2019 Topic: Price Transparency Rules Speaker: Richard Williams, SRA Time: 11am to 1.30pm Venue: The Bradford Club, 1 Piece Hall Lane, Bradford BD1 1PJ Birmingham & West Midlands Regional Meeting 4th November 2019 Time: 6pm to 8pm Venue: No 5 Chambers, Steelhouse Lane, Birmingham, B4 6DR. London Regional Meeting & SPG’s Special General Meeting 14th November 2019 Title: Presentation by Lockton followed by SPG’s Special General Meeting Venue: Reading Room, The Law Society, 113 Chancery Lane, London WC2A 1PL

Birmingham and West Midlands SPG Regional Group Meeting Update The Birmingham and West Midlands Regional SPG met on 1 July 2019 in Birmingham. We welcomed Marc Rowson from Locktons who spoke about what to expect from the forthcoming PII renewals, how best to prepare for the renewals and the insurance considerations of the new SRA changes coming into force in November 2019. The talk was very well received and indeed, subsequently some attendees confirmed they were able to secure cheaper PII premiums through Marc on renewal. Our next meeting is due to take place on Monday 4 November 2019 at 6pm at No 5 Chambers, Steelhouse Lane, Birmingham. If you are interested in attending, please contact me on info@legalswan.com.

THANK YOUS!

Clive Sutton

Timings: 5pm Registration and drinks 5.30pm to 6.30pm Speaker session by Lockton 6.30pm to 7.30pm SPG’s Special General Meeting 7.30pm to 9pm Drinks Reception and Canapé Lockton’s Session will include: - An update following October Renewals and identified trends.

- Freelancers: What Insurance Brokers think.

If there is no existing Regional Group in your area, or your Regional Group has been dormant for some time, and you are willing to set up a Group or resurrect it, then SPG can assist you. Please contact Tracey Mauge at regionalevents@spg.uk.com for more information.

Josephine Duchenne

We would like to thank Clive ‘The Oracle’ Sutton for his dedication and support of SPG. He has been an Executive Committee member since 2000 and we were delighted to present him with a Lifetime Achievement Award at the Annual Conference in Manchester this year.

We would also like to thank Josephine Duchenne who has stepped down as Editor of Solo and from the Executive Committee.

Josephine was instrumental in producing editions of Solo in 2017 and 2018 and we are eternally grateful.

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An introduction to the use of DNA tests in legal practice - the test of a relationship…

Many family law, inheritance and social services cases are now being resolved by the use of DNA technology in order to determine parentage or other biological relationships.

Thus it is a pleasure to welcome you to a series of articles in which we hope to explain how best to use DNA testing in your practice, but perhaps more importantly, to discuss with you pertinent legal issues arising in the areas such as surrogacy, parental responsibility, multiple parent babies, paternity fraud and transgender rights.

Technology, the law and society sometimes struggle to keep up with each other and this is particularly so with the advent of DNA technology.

We will begin this series with an explanation of how the process is undertaken.

The majority of cases requiring a DNA test are for paternity, where we are trying to prove that a tested male (the alleged father) is, or is not, the true biological father of a tested child. DNA is essentially a chemical string of code which is unique to an individual, is contained in nearly all the cells of your body and is inherited half from the mother and half from the father. We can examine this code in several ways to look at individual and population characteristics, diseases (prediction and diagnosis), ancestry, to identify individuals in forensic cases and of course, to decipher human relationships. To achieve this, the DNA is extracted from a few cells taken from the buccal cavity, a painless and non-invasive procedure which uses a cotton swab rubbed around the cheek of the mouth. In an identity test, the DNA is then examined for regions of similarity between the tested persons. In the case of a paternity test, the DNA test report will then confirm that the tested man is (usually with a certainty in excess of 99.999%) or is not the biological father of the tested child (with 100% certainty). This is termed an inclusion (he is the dad) or an exclusion (he is not the dad).

As solicitors, cases may come to you directly from the general public or you may represent one of the parties in for example, a case involving the local authority where cases may involve legal aid. There are two types of test in general

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use, with the common parlance of a “legal” or “accredited” test or a “peace of mind” test.

This is an important distinction, because only a legal/accredited test may be used for a legal purpose, such as changing birth certificate. In an accredited test, the appointed company will take control of the entire sampling and identity verification process, so that there is in effect a chain of custody of the sample from the subject to the laboratory. In a “peace of mind” test, the individuals are allowed to take the samples themselves and then return them to the laboratories; of course, in such cases we then rely on the participants to take the sample from the correct individual. This is unsuitable for any legal purpose.

are biologically too far removed to be helpful in this process.

These are all of course somewhat complex issues and if you require more detail on any of the points touched upon here, we suggest at this point we redirect you to our office (where our staff will be happy to help) or to our website for more information. Details for both can be found below.

A common issue relates to Consent and who has Parental Responsibility for the child. For DNA testing we must have “appropriate and qualifying” consent for each sample to be tested1. Consent is required from each adult party that is to be tested and if the test involves a child under 16, then we must also have consent from a person with Parental Responsibility for that child. This is generally the mother, but may be the father under certain circumstances or indeed some other body (sometimes jointly shared with the parents), such as the local authority. We are often asked about the participation of the mother in the process, which is in fact required for a legal/accredited test. With the mother’s DNA analysed in the test, in the case of an inclusion the percentage probability of paternity is generally much higher. This is because the child’s DNA is inherited half from mum and half from dad…but we don’t know which half ! So by identifying the mum’s DNA, we can then see that the remaining DNA must come from the dad.

DNA profiling is now embedded as a key tool for the legal profession and new applications of this technology are likely to support your activities for several years to come. We hope you enjoy the articles in subsequent publications, which we hope will raise some interesting points of family law for your consideration.

Sometimes, mum or alleged father(s) are not available for sampling and we then seek to obtain a DNA sample from other close family members so that we can attempt to establish a presumed parentage via DNA from siblings, grandparents or uncles and aunties. While the figures for relatedness will not be as strong as for a direct paternity test, we can often gain useful probabilities which provide helpful supporting data when taken together with other evidence. Cousins

In addition, you may like to join our registered sampler programme (an online test) which would enable you to do the identity checks and to take the clients samples…there are reasonably well established LAA fees for so doing. Please contact us if you would like to add this to your portfolio of services.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold).

The latter is a company accredited by the Ministry of Justice as “A body that may carry out parentage tests as directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969” and by virtue of directly running laboratory services which meet the stringent and internationally recognised ISO/IEC 17025 standard.

Please see: http://www.dadcheckgold.com Tel: 0191 543 6334, e-mail ; sales@dadcheckgold.com

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The Human Tissue Act, 2004

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We are pleased to be new insurance partner for The Lo

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Managing Internal and External Procedures to Drive Legal Practice Success

By Deborah Edwards, Professional Services Director Insight Legal

Remain compliant with integrated information

The role of legal practitioners is becoming ever more complex. In the last 18 months alone, we have seen new protocols such as the European Parliament’s GDPR regulation and HMRC’s Making Tax Digital initiative shake up processes within the UK’s legal practices. With the upcoming revisions to the Solicitors Regulation Authority’s Account Rules in November, further change is on the horizon and practice managers must ensure that their firms make provisions in order to adapt and remain successful.

As with any sector, having information readily available and accessible is important for completing tasks correctly. For law firms, this requirement is only amplified by the additional need to remain compliant with regulations at every stage of a case.

Managing a large volume of cases simultaneously with industry regulation can often prove challenging.

Amidst an ever-growing number of industry regulations, law firm decision makers are being tasked with finding ways to help their practitioners apply both internal and external policies with ease in order to remain both efficient and compliant.

However, the industry is now responding to these requirements as it continues its shift towards a more digital approach to case management. In a profession bound heavily by procedure, technology can play a fundamental role in helping law firms to achieve best practice, both internally and in the eyes of those governing the sector.

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Firms must now be proactive in providing staff with the tools to achieve this. For example, using a single system that stores and uses information efficiently, practitioners can not only improve their task workflow but enhance compliance monitoring to ensure all tasks are completed in line with both internal and external policy guidelines.

Taking this one step further, it is not only crucial that tasks are completed to the correct standard, but that they are also completed in a timely manner. Firms should therefore look to utilise tools that enable automated prompts and reminders. This will prove extremely valuable for helping practitioners remain up to date with tasks as a case progresses, improving overall case management and ensuring important regulatory deadlines are not missed throughout.

Supporting a firm’s individual needs Every firm will inevitably have its own unique internal procedures for its staff to undertake throughout the duration of a case. Therefore, any modern supporting legal IT system should provide flexibility and enable customisable workflow to align with each firm’s individual needs. Doing so will not only allow firms to streamline their chosen internal working practices but also ensure that all procedures are met and that staff can deliver a high quality, tailored, efficient service for their clients.

With the needs of legal practitioners constantly changing with the tides of industry policy, having the freedom to build unique workflows to meet the specific needs of a firm is now the key to delivering effective case management for both its staff and clients. This technology, in conjunction with comprehensive training, can make the difference needed to operate more efficiently and with greater control of internal and external processes at every phase of a case. Firms which embrace these necessary steps will ultimately be well placed to continue their success in an ever changing legal sector.

To discuss this topic further or the services we can offer, please give us a call on 01252 518939, email us at info@insightlegal.co.uk or visit our website; www.insightlegal.co.uk

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The end of ADR? Future Possibilities for Law Reform including Dispute Prevention: Some views from Dr John Sorabji

By Phillip Taylor MBE, Barrister at Law and Mediator, Richmond Green Chambers The subject-matter of the wrongly titled “Alternative Dispute Resolution” or ADR as it is simply known, will receive a well-recognised renaissance if current plans are developed in the next six months on resolving disputes.

For it seems that the professional reality is that the correctly termed “dispute resolution” in all its forms is undergoing substantial change with the gradual introduction of digital processes for claims.

Like many, I have fallen into the trap of a misunderstanding of what the “online” courts are really going to be about in the 2020s. They are really “digital processes” for the future.

Enter the jovial Dr John Sorabji (pictured left) who spend an unenviable hour at Lincoln’s Inn explaining to me, and our readers, which direction civil justice might now be taking after a decade or so of stalls. John will be well known to many for his work on ADR and for his role as Principal Legal Adviser to the Lord Chief Justice and Master of the Rolls, and his substantial contributions to The White Book and civil practice.

the system”, he said, “when we move to use limited artificial intelligence within the system”. I was concerned about the effect on cross examination although John’s view was that, on questioning, “the power would be kept for the judge” - quite right, too, with counsel able to continue making submissions! Another potential myth dispensed with then.

Continuous Reform We moved, finally, to what are interestingly described as “predictive analytics in the United States and elsewhere”. In other words, the prediction of judicial outcomes (illegal in France, of course) whereby the digital presence, especially in lower value cases, will “set the ball rolling” for a continuous law reform programme rather than the “once in a few centuries reforms” of the Judicature Acts. And that is probably the key to where we are going with our litigation in the next decade.

Our parting conclusion was that we are now entering an era of continuous reform which “will evolve as the technologies evolve”. “It will not be another 100 years before we have further reforms” because the aim of all law professionals is the continuing improvement in the rule of law using digitisation, AI, and what Sorabji would probably see as a sensible use of the massive amount of data which the courts now hold digitally on cases.

“You know it makes sense” is the inevitable suggestion on what we should do with all this data now it is held electronically rather than in a paper form. A big thank you to Dr Sorabji, for your thoughts as a Senior Teaching Fellow at University College London, where you convene its LLM course on Principles of Civil Justice and the LLM and LLB courses on ADR. It is certainly prevention rather than resolution for the future, and yes, there will still be a lot of work out there for all of us!

Data analytics Speaking purely in his personal capacity, Sorabji explained that the digitisation programmes “are rolling out across England and Wales” and he was “very optimistic that they will be successful”. On the issue of law reform, we talked data analytics and what the MoJ/HMCTS might be able to do with the information it currently holds. “We are moving much more towards the use of data effectively in order to try to increase the prevention of further disputes arising”. This statement immediately caught my attention!

But what of the legal profession, surely that means fewer claims, cases and clients?

John’s view, based on recent Ombudsman schemes, suggests the possibility of looking at the generic problems which arise specifically from data gleaned in financial services disputes such as the bank charges litigation.

The view is that, rather like the NHS issues today, we are talking of “prevention not cure” based on data drawn from cases and what has happened. John reminded me that this is not his original thoughts but the research of Professor Chris Hodges on the development of a coherent dispute resolution system.

Equity and the common law “What we have today is ADR running in parallel with the traditional court structure”, John reminded me. It conjured up the two streams of justice which England and Wales had developed over centuries, the common law and equity, leading to muchneeded reforms from 1873-75 and the pre-eminence of equity.

No work was really lost then, suggests Sorabji. “So, will we lose work today with dispute prevention?” John’s view was an emphatic “no” and legal practice would increase the possibilities for parties to benefit from the new “procedural innovations”. No worries there, then.

Returning to the future possibilities for law reform, the processes we will have in the future will possibly consist of ADR, litigation and dispute prevention. “It will change

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Legal profession called on to address legacy giving myths this September This September, 200 charities will come together with 1,300 solicitors and Willwriters to challenge the public’s biggest misconceptions about gifts in Wills for Remember A Charity in your Will Week (9-15 September 2019).

In the build-up to the Week, Remember A Charity is calling on legal professionals to become campaign supporters, committing to help clients understand more about legacy giving and the relevant tax breaks. Resources will be provided for campaign supporters, including posters that encourage people to ‘pass on something wonderful’ by leaving a gift in their Will.

Charitable bequests currently fund two out of three guide dogs, 6 out of 10 RNLI lifeboat rescue launches and almost 1 third of Macmillan’s income.

Rob Cope, director of Remember A Charity, says: “Raising more than £3 billion for good causes annually, legacies are a critical source of funding for charitable services across the country.

“Solicitors have such a key role in helping the public understand the full range of options available to them when writing their Will, with research showing that even a simple reference to the opportunity of legacy giving can double the number of bequests made.”

He continues: “Here in the UK, we have one of the most flexible will-writing environments in the world with generous tax breaks for legacy giving. Remember A Charity Week is a fantastic opportunity to get the conversation started and build understanding about how it all works.”

This year’s campaign will address the most prominent myths and barriers that can prevent people from leaving a gift in their Will. This will include addressing concerns that legacies have

to be particularly large, that they are complex to arrange and that they might prevent people from passing on their estate to their families.

Awareness of legacy giving on the rise Now in its tenth year, Remember A Charity Week shifts its focus from raising awareness to building understanding of legacy giving among the public, with the most recent consumer tracking studies1 indicating that only 10% of the over 40s are unaware of the opportunity to leave a bequest in their Will.

40% of those surveyed said that they would be happy to donate in this way, up from 35% a decade previously. During that time, charities’ annual legacy income has grown from around £1.8bn to £3bn2.

Cope adds: “Appetite for legacy giving continues to grow, but there is often a disconnect between the 40% that intend to leave a gift in their Will and the 6% of people that currently do so. There remains far greater potential for raising vital funding for good causes through charitable bequests and the support of the legal profession in reminding clients of the option of including a charity in their Will has never been more important.”

To find out more or take part in Remember A Charity Week, visit www.rememberacharity.org.uk 1 2

Stages of Change Survey 2018, nfpSynergy, & OnePoll Survey, April 2019 Legacy Trends 2019, Smee & Ford

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FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA Tel: 0151 651 2776 www.eastparkcommunications.co.uk

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Book Reviews

by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” UNFAIR DISMISSAL A Guide to Relevant Case Law 37th edition

By Daniel Way ISBN: 978 1 47431 087 1 LEXISNEXIS www.lexisnexis.co.uk AN IMPORTANT PAPERBACK OF GREAT ASSISTANCE TO UNREPRESENTED PARTIES We welcome this excellent short paperback which is now in its 37th edition compiled

by Daniel Way for Lexis Nexis.

The Guide’s aim remains to give employment law practitioners a view on the current approach of the courts and tribunals to the various problems of statutory interpretation.

The book contains extracts of the relevant law, analyses of the most important judgments and extracts of the main relevant findings. Way has added 14 new principles from the cases reported during 2018 which will be invaluable to court users.

It is useful to recall that very few legislative changes have taken place concerning unfair dismissal in the year although the statutory extracts included are generally those in force at the end of 2018.

The work remains a superb concise annually updated guide. The author has gathered together all the key points from the most important unfair dismissal cases reported in Industrial Relations Law Reports, providing a valuable reference tool. As the publishers say, “it extracts those principles that are still relevant today from cases reported since 1972”.

We recognise, as Way says, that this Guide is “essential for everyone involved in advising, acting or adjudicating in this area, or for anyone who needs to know the current approach of the courts to the range of problems of interpretation posed by the statute”.

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The new edition adopts the same methodology as in previous editions. The editor says that “where the emphasis in the judicial interpretation of the statutory language has shifted, this has been taken into consideration”. And most useful this consideration is together with whether “the relevant principle for the reported case would still be regarded as authoritative were it to be scrutinised by the appeal courts today.

We are naturally reminded of the somewhat often thought of concept that today’s dissenting judgment is possibly tomorrow’s good law! Way also comments that “if there are conflicting lines of authority both sets of decisions are referred to unless a clear trend has been established in favour of one or the other”.

The Guide takes the law as it stood at the end of 2018 and includes cases reported in IRLR up to the end of 2018. The statutory extracts included are those in force at the end of 2018.

The 37th edition in paperback was published on 14th March 2019.

TO INNOVATE OR NOT TO INNOVATE A Blueprint for the Law Firm of the Future

By Darryl Cooke ISBN: 978 1 78742 248 3 GLOBE LAW AND BUSINESS Good Practice Guides www.globelawandbusiness.com

with a view to effecting positive change. The grim alternative is to lose business by attrition to those more forward-looking firms for which innovation is a byword.

Cooke’s innovative fervour is expounded with almost evangelical zeal, as the prime mover of change, preferably change for the better. ‘Why,’ it is asked, ’shouldn’t your firm be the one to take a leading role in galvanizing leaders and entrepreneurs into delivering a better world?’

Charities, for example, ‘could do good faster if they had the help of a visionary law firm behind, or alongside them.’

But is the relentless drive to innovate the best way forward? The author elaborates on this point by reassuring us that the book is not about innovation; it is ‘a book about growth.’ The catch here is that real growth requires real change.

The book therefore functions as a useful aide memoir as to how change — real change — can be achieved. It challenges quite effectively the status quo attitude all too often insisted upon by the ‘if-it-ain’t-broke-don’t-fix-it’ brigade, observed in large organisations.

Numerous research studies from top business schools and universities, for example, are cited throughout to drive home the salient points.

The book’s most convincing arguments centre on what we all know to be those key questions — spoken and unspoken — that preoccupy potential clients sniffing around for the right law firm.

CHANGE OR DIE? A POSITIVELY EVANGELICAL MESSAGE FOR LAW FIRMS AIMING FOR FUTURE GROWTH Innovation — if you are running a law practice — means embracing the new and rejecting the old, primarily outmoded methods, tools and attitudes.

Author Darryl Cooke, who has written this new title from Globe Law and Business has obviously aimed to point readers, i.e. lawyers, in the direction of innovation

Why should I do business with you?’ they ask. Or — ‘What can you offer me that no one else can?’

The author is adamant that innovative strategies can and do assist that competitive edge, so ‘crucial to your bottom line.’

In imparting page after page of sage, sensible advice, the author exudes a degree of enthusiasm and sense of mission which is positively infections and certainly motivational for like-minded readers.

Compact, businesslike, and an easy, yet challenging read, this handy volume deserves a place in the library of every law firm going for growth.

The date of publication of the paperback edition is cited as at 24th May 2019.

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Fridays at Quill

By Julian Bryan, Managing Director, Quill Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day.

For Quill, the last day every week has an even greater focus on compliance.

Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved.

When you consider the plethora of problems that fall into the noncompliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task.

In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail.

As already intimated, for clients using Interactive, there are all manner of easy-to-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body.

Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/ bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accountsspecific reports.

All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable.

For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still

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outstanding. Our reports also streamline the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland.

These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service.

Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway.

Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors.

And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes.

Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved.

To discover more about Quill, please visit www.quill.co.uk, email info@ quill.co.uk or call 0161 236 2910.

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.