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TO INSPIRE TO PROMOTE TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE
SPG Top Table Event 2023
solo Artificial Intelligence…Friend or Foe? Hanbury Manor, 25th November 2023 Autumn 2023
IN THIS ISSUE: Challenges in the Legal Profession Barristers Blog: The evolving terrain of Copyright in the age of AI Health & Wellbeing: Is a work-life balance achievable in the legal profession
contents autumn 2023 4 From the Chairwoman 5 From the Editorial Team 6 Workations can work for Sole Practitioners! 8 SPG - SRA quarterly meeting 9 SPG Regional Groups & Meetings 9 Our gift to you! 10 Hanbury Manor: SPG Top Table Event Artificial Intelligence… Friend or Foe? 11 Ten Top Reasons to attend the SPG Top Table Event 11 Ticket Options 12 Top Table Itinerary 13 Thank You from SEVA Street 14 Insurers respond to the Law Society guidance on climate change 16 Barristers Blog 17 SPG Executive Committee 2023
FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA
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Advertising Simon Castell Editor Sukhjit Ahluwalia Editorial Team Sheila Mann
solo 18 LegalEx 2023: On a mission to modernise the Legal Sector 19 Risks to mental health in the workplace - What are they, and how to manage them? 22 X-Press partners with LPG to offer local law firms Home Buyer Protection 23 Challenges facing the Judiciary 24 Spotlight on... Sheryl Perry 25 Challenges facing solicitors in the UK today 28 Health & Wellbeing: Is a work-life balance in UK law achievable? 29 Would you like to be in the Spotlight! 30 A Vineyard Visit, Explaining Value, and Getting More Clients 32 Merging a Law Firm: Regulatory Issues to Consider 35 Proposals to abolish Inheritance Tax must take into account risk of legacy income loss for charities 36 The use of DNA testing in legal practice 38 The importance of Family Tree Verification: Safeguarding distribution of estates
Layout David Coffey, East Park Studio Accounts Tony Kay Published Autumn 2023 © East Park Communications Ltd.
Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.
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From the Chairwoman
I am pleased to announce that Lockton’s are now the SPG’s Gold Sponsors, and we are appreciative of the enhanced support they continue to give both our members and the Executive Committee. New Fixed Recoverable Cost regime The changes implemented on 1 October 2023 for nearly all Part 7 civil litigation claims issued on or after that date up to a value of £100,000 will affect civil litigators as greatly as did the introduction in 1997 of the Civil Procedure Rules following the Woolf Report in 1996. The main changes to the existing system with the new Fixed Rate Recoverable Costs system is that civil litigators no longer have to consider in the majority of claims up to £100,000: a) Time spent. b) costs budgeting c) costs assessment proceedings d) the indemnity principle Under the new Fixed Recoverable Cost regime, it is irrelevant the grade of fee earner or solicitor used. The fixed fee is the same regardless. Similarly, a KC will receive the same fixed fee as a pupil barrister. Guideline hourly rates are a thing of the past. From 1 October 2023 there are capped preaction costs if a matter is compromised before a claim is issued. The benefit of this is clear in that it should stop the meritless letters of claim being sent as the potential claimant would have to pay the other side’s pre action costs on the capped basis. If Part 36 offers are matched or beaten, then there is an additional 35% payable on top of the fixed fee. There are exceptions to the type of Part 7 claims included. These exceptions include:
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a) Part 8 Claims b) Solicitors Act 1974 claims c) Clinical Negligence, except where causation and breach of duty has been admitted and where allocation to the intermediate track would have been likely. d) Mesothelioma and Asbestos -related lung disease claims e) Military Claims f) Judicial Review g) Damages for harm, abuse, or the neglect of or by vulnerable adults or children including child sexual abuse. h) Claims against the police involving the Human Rights Act 2998 or an intentional or reckless tort. i) Housing disrepair (only residential, the exclusion of which is to be re considered in 2025). All matters relating to commercial property are included in the scheme from 1 October 2023)
We will be sending out links to costs seminars for members to view.
I can foresee substantial satellite litigation in this area as civil litigators try to come to terms with it. It is essential that all client retainers and agreements are looked at to make sure that they are still enforceable following these changes.
Our members guests are always welcome, and they will be able to explore the surrounding area, enjoy the spa facilities offered by the hotel and join us at the fun informal dinner following the event.
Kerry Underwood from Underwoods Solicitors, who is a leading authority on costs, suggests the following new clause be inserted into your client retainers: You will pay us a sum equivalent to the Fixed Recoverable Costs set out in [Table 12: CPR45.44-Fast Track] [Table 14: CPR 46.50-Intermediate Track] plus 50%, meaning that the total paid by you is 150% of the Fixed Recoverable Costs in those Tables.
Top Table Event Both I and the Executive Committee are looking forward to welcoming members to the SPG’s Top Table event which is on 25 November 2023 at Hanbury Manor. This year’s Top Table Event is being held in the beautiful surroundings of the Hanbury Manor Marriott Hotel & Country Club in Ware, Hertfordshire, a Jacobean country manor five-star hotel. At the event you will sit at the ‘Top Table’ and engage with heads of our regulatory and representative bodies as well as key industry leaders. Everyone will be there again this year including the Chief Ombudsman and the Chief Executive of the SRA
The member ticket price is all inclusive and covers all refreshments throughout the day, lunch, pre-dinner drinks, 3 course evening dinner with dancing, overnight stay (double room for single occupancy) and breakfast the next day. Guest tickets can also be purchased which will include overnight stay in your room, dinner seat, breakfast, and use of facilities. Members are already booking. You can book by going to our website www.spg.uk.com and clicking on the events tab.
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As this event is a business event speak to your accountant about it being tax deductible! Give us your support by your presence and we will continue to make things happen for your benefit. I look forward to seeing as many of you as possible on the 25th of November. Engagement with Regulators and the Profession We continue to engage with our Regulators on issues concerning our members. to this end, we continue to meet and engage with the SRA in particular on a regular basis., the last meeting being in Birmingham on 5 September 2023. We are also attending as Exhibitors the SRA Compliance Officer Conference, which is taking place at the International Convention Centre, Birmingham, on 18 October 2023. Come and say hello to us if you are also attending. The SRA took control of SIF from 1 October 2023, with no changes to the current scope of cover, and no current plans to introduce a levy to fund the scheme. They have signed up a third-party claims handler to operate SIF once it transferred to them on and the SPG thank the
SRA for its work and for engaging with the SPG. We continue to address the issue of how best to deal with the unregulated sector and how best to increase consumer protections in this regard. Engagement with Members Our new Vice-Chair, Rahil Chaudhari is also the Regional Groups & Associations Officer. Rahil has been a tremendous support for both me and the Executive Committee in his new role as Vice-Chair. As part of the implemented measures Rahil has introduced to enhance member engagement and participation, over the next couple of months, he will be visiting the regions and working closely with the Regional Chairs in supporting our members. We want to ensure that our members' voices are heard, and their needs are addressed effectively. We continue to maintain contact with our members via Mail Chimp notifying you of seminars, consultations and other items that may be of interest you.
The SPG website’s members private interactive forum is live and can be accessed here www.spg.uk.com/forum As it is a private member only forum, you will need to first register to access it. Members can engage with each other and access useful information in their areas of practice as well as other areas. LegalEX The SPG Executive Committee, headed by Sukhjit Ahluwalia, are attending LegalEx at Excel, London as a partner on the 29-30 November 2023. There will be a lot to interest our members and I do hope you can find time to attend. Committee Attendees If any SP member would like to attend the National Executive Committee meetings as an observer, please contact me at joanna@spg.uk.com.
Joanna Connolly SPG Chair
From the Editorial Team Event wise, we’ve got the amazing Top Table Event coming up in November, planning is already underway for the SPG 2024 Annual Conference and the first ever SPG Annual Awards Ceremony in 2025, all to be revealed shortly!
Oh, my goodness, it’s all going on behind the scenes here at the SPG! I don’t know what they are putting in the water at the Executive Meetings, but whatever it is, I could do with some, because the Committee are on fire!!!
The new Vice-Chair, Rahil Chaudhari is up and running too. Huge congrats to you Rahil, from all of us, and no disrespect to anyone else, but I have to say, that guy has to be the best dressed man I’ve ever met! Rahil will be infusing the SPG Regional Groups with some new life blood and is going to be
working with the Regional Group Contacts, providing them with support, and interacting with you, to find out what you want from the groups. All this, besides their day jobs! I’m exhausted just writing about it, and I know there’s more in the pipeline to come……I’ll be needing some of Sukhjit’s Duracell batteries to keep up with them!!
Sheila Mann Editorial Team
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Workations can work for Sole Practitioners!
The problem of taking time off for a total rest on holiday is something all sole practitioners can face. I recall one client complaining bitterly when the Ash Cloud Crisis marooned us in Madeira for a second week - as if we had organised the international disaster ourselves! But that was before Zoom and Covid combined to make online meetings and hearings commonplace and acceptable. Which is where the workation comes in. This is a (usually) longer break away but continuing to keep available for clients and courts online. It also has the advantage of keeping the cashflow running. We are at present in Molfetta in Puglia for September, and the photo shows the view from our balcony set in the walls of the old town. We are swimming every day, strolling through the shady walkways, and enjoying wonderful food. And working on our client files for a few hours each day. The break away also somehow allows us to get around to doing those outstanding admin tasks: • Reviewing the website • Updating Terms and Conditions • Checking AML arrangements • Etc Not all practices can do this of course, but if you can, do consider it. Workations make the most of our flexibility while keeping clients and cashflow happy. Penny Raby Penny Raby & Co
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SPG - SRA quarterly meeting • the cost of regulating CILEX members will be covered by their practising fee contributions, and there will be no crosssubsidy from solicitors. The consultation will invite views on their proposed approach, including on the draft new code of conduct, and changes to our authorisation rules and disciplinary rules.
The SPG and the SRA held their quarterly meeting on the 5th of September 2023, these meetings continue to be valuable and productive, and strengthen the working relationship between the two groups. As usual, a number of topics were discussed, and a brief summary of the discussions follows. CILEX consultation CILEX has opened a consultation into the next stage of its reform agenda, laying out plans to redelegate regulation of CILEX members to the SRA, and the SRA outlined that there would be a public benefit of the SRA doing this: The SRA are consulting on the regulatory arrangements that they would make if CILEX decides to re-delegate the regulation of its members from CILEX Regulation to them. The consultation is running for 12 weeks from 31 August until 22 November. The consultation will cover a lot of detailed proposals, some headline points include: • The SRA will maintain a separate identity for CILEX lawyers, underpinned by a separate code of conduct which will be aligned with the rules for solicitors where appropriate. • they also maintain the distinct CILEX education/training route into the profession. • they will use their existing processes as far as possible to handle authorisation, disciplinary cases etc and will be updating their Enforcement Strategy to set out how they will handle reports of breaches of their rules by CILEX lawyers.
• the scale of regulatory work involved will be small compared with their current operations, and they do not expect this change to affect their capacity to regulate solicitors and law firms.
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The SPG’s view is that there needs to be an overarching legal regulator – each with their own set of standards. This would tell the consumer that they are legally authorised and regulated and the SRA needs to be clear on the message to have separate identities and that it is important to have consistency. It is clear for us but not to the public and that SPG is generally supportive but wants to make sure there’s a distinction. The SRA confirmed that CILEX is keen to maintain its separate identity and the SRA agrees with this and noted that our consultation talks about maintaining that distinction. The SRA welcomed further feedback from the SPG. Solicitors Indemnity Fund (SIF) The SRA reminded that they are taking control of SIF from October 2023 and thanked the SPG again for its involvement and input in getting to this stage. The SRA added that they were on track to take over SIF at the start of October as planned with no changes to the current scope of cover, and no current plans to introduce a levy to fund the scheme. They have signed up a third-party claims handler to operate SIF once it transferred to them on 1 October and the SPG thanked the SRA for its work and for engaging with the SPG. Immigration update The SRA explained that they had closed three solicitor firms that were named in a Daily Mail undercover operation involving immigration services. These firms are Rashid & Rashid in South Wimbledon, Kingswright Solicitors Birmingham, and Lincoln Lawrence in Hounslow. These interventions mean they have stopped the firms from operating, taken possession of all documents and papers, and taken possession of all money held by the firm (including clients' money) and the practising certificates of those solicitors involved have been automatically suspended, so they cannot practice as a solicitor.
The SRA are planning a thematic review into immigration services. This follows from the commitment they made at the time of their previous thematic review of immigration and asylum (published in November 2022) to carry out a further review within 12 to 18 months. The SPG were pleased that the SRA acted quickly, showing leadership. This gave confidence to the government and the public and added that a lot of sole practitioners do immigration work, that they do a good job, and welcomed the SRA’s quick response. Equality, Diversity and Inclusion update The SRA thanked the SPG and its members for completing the recent firm diversity data exercise and said that 98 per cent of firms have responded. For one partner firms, 96.4 per cent have responded. The exercise will complete two months earlier than planned because of the introduction of fixed penalties and added penalties provide structure to their communications and chasing. The SPG commented that the system is fast and works well and asked if there is a contact if members are having issues to submit. The SRA updated that around 120 are left to submit and asked if SPG could send a reminder before fixed penalty deadlines, and that regarding EDI research there were two big pieces of research currently underway. Overrepresentation research In June 2022 the SRA appointed experts to better understand why there is overrepresentation of those from a Black, Asian and minority ethnic backgrounds in reports made to it and subsequently their enforcement processes. • The first stage – a literature review – was published in June. The review found little existing material looking specifically at the legal sector. Researchers did identify, however, several common themes from other sectors which might mean those from certain ethnic backgrounds are more likely to be reported to their regulator. These related to:
• Conscious and unconscious perceptions or expectations, among those making the complaints, which mean they are more likely to complain about an individual. • Being more exposed to working
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environments, types of work or other caserelated circumstances that by their very nature generate more complaints. • The final report is expected in Spring 2024.
The team will be doubling in size, and this will increase output and insight. The final aim is to try and drive positive change in those high-risk areas identified.
Thematic review update The SRA outlined who the Thematic team are and what they do: the team is intended to look at particular topics that might be high-profile or high-risk areas.
Thematic topics are identified through research and data, as well as other sources, for instance, where issues have been highlighted by other stakeholders – for example SLAPPs (strategic lawsuits against public participation) has been raised as a prominent issue in the UK Parliament and press. The team is currently working on a project targeting SLAPPs. The team has specifically targeted firms who are instructing private investigators or PR management agencies.
The team’s role is to try and share information. They talk to stakeholders and firms on how they deal with certain issues. Key findings are then shared with the rest of the profession and broken down into what the findings show is working well and what we have concerns about. This allows people to have a more informed position to reflect on their own practices.
The SPG asked if some firms would be worried that the SRA is contacting them regarding
gaining information on a topic and how projects and findings are shared? The SRA explained that the SRA is clear with participating firms about the information needed – they are not an investigations team – and added that firms are usually positive being approached and can see the value. A written report is published on the SRA website and is promoted through their social media platforms. Reports are usually supported by warning notices or guidance. The SPG noted that the SRA has changed its approach to more support than investigations in recent years. Chaman Balu SPG Executive Committee Member
SPG Regional Groups & Meetings Committee are aware of how important the Regional Groups are in supporting our members, and since Covid we seem to have lost touch with you. The Executive Committee are very keen to have all the Regional Groups up and running, actively holding Regional Meetings, either inperson or via Teams/Zoom.
Covid caused a number of the Regional Groups to grind to a halt, and the Executive
I am Vice-Chair of the SPG Executive Committee and have recently been appointed as the Regional Groups & Associations Officer. Over the next couple of months, I will be working closely, with the Regional Group Chairs, supporting them in their role, as they get the Regional Groups up and running again.
The Executive Committee have agreed that the SPG Administration Team will be on hand to provide admin support to the Regional Group Chair for arranging the meetings, and they are also looking at allocating funding for the Regional Groups, the amount is yet to be decided. Once all the groups are active, the new SPG Annual Awards Ceremony will be adding a “Regional Group of the Year” category to the nominations, for the most proactive and supportive Regional Group. Rahil Chaudhari SPG Vice-Chair & Regional Groups & Associations Officer
Our gift to you! Introducing the SPG events attendance discount scheme. New for this year and going forward, as a special thank you to the members of the SPG family who regularly attend the SPG events we have introduced an added discount, as follows: • SILVER - 10% discount for members who have attended an event in the last year. • GOLD - 15% discount for members who have attended the last three consecutive events. • PLATINUM - 20% discount for members who have attended the last five consecutive events. When the SPG announce future events, all members that have attended previous events will receive their own personalised discount code, this is to be used when booking your tickets. The extra discount will be applied on top of any early bird discounts offered. This offer is only open to members booking for the full event ticket and cannot be used when booking guest tickets. Sukhjit Ahluwalia. SPG Conference & Events Organiser & Marketing Manager.
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Hanbury Manor SPG Top Table Event
Artificial Intelligence… Friend or Foe? Artificial Intelligence (AI) will be affecting the legal profession in many ways and so will the AI Regulation. Lawyers, clerks and legal advisors across the world are all exploring the implications of AI, join us to see how it will affect you in the future.
will be able to get the latest legal updates. “The Burning Issues in the Profession” panel session will take place where the heads of our regulatory and representative bodies will give you any pressing updates you need to be aware of and cover any pre-submitted topics or questions.
❚ LEARNING
❚ NETWORKING
To comply with the Solicitor’s Regulation Authority (SRA) Code of Conduct for Solicitors, RELs and RFLs, all solicitors must maintain their competence to carry out their role. This means they must keep their professional knowledge and skills up to date.
Whilst attending the Top Table Event, you will have the opportunity to network with fellow Sole Practitioners and the heads of the legal regulatory bodies, this can help you with personal and business growth, building relationships, and gaining a competitive edge in your profession.
As part of the annual practising certificate renewals, the SRA will ask if a solicitor has identified learning and development needs in the past year and addressed them. This applies to all solicitors who have a practising certificate, whether they work in the UK or overseas.
❚ WORK-LIFE BALANCE Many legal professionals struggle to get the appropriate work-life balance, giving up their free time to attend seminars and events, working long hours, keeping up with legal updates and requirements. The stress of not having enough hours in the day to achieve all that needs to be done, can cause your health and family life to suffer. To avoid this, we must achieve a work-life balance! By attending the “one day” Top Table Event, you
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Here are some of the key benefits of networking.
• Strengthen your business connections,
networking is about sharing, not taking.
• Exchange fresh ideas on various topics relevant to your practice.
• Advance your career, branch out and add strings to your bow.
• Access new information that is important to your profession.
• Get career advice and support from those in the know.
• Build confidence in yourself and your abilities. • Gain a different perspective on how you can achieve your goals.
• Develop long-lasting personal relationships. ❚ TAX DEDUCTIBLE It is a legitimate business expense, and therefore tax deductible, speak to your accountant.
25th November 2023 HANBURY MANOR WARE, HERTFORDSHIRE
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TEN Top Reasons to attend the SPG Top Table Event Our Top Table Event is purposely designed as a small and intimate conference to allow members to interact closely with the key industry leaders and heads of our regulatory and representative bodies.
Come and listen to our panel guests and speakers share important updates that directly impact Sole Practitioners. The benefits of attending are many, and they include:
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ull day conference, refreshments, gala F dinner, AND an overnight stay
Cheap as chips! Early Bird ticket £310 (all inclusive) – full price £410 Sit face to face with the heads of our regulatory and representative bodies
Find out how AI will impact the legal profession in the future
Get clarity on any burning issues you are facing in your practice
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Find out how AI regulation will affect the legal profession
Tax deductible – speak to your accountant Counts towards your ongoing professional learning
Beautiful 5* venue and use of facilities Work on your business rather than in your business for 1 full day
Early Bird ticket price of £310 (all inclusive). Full ticket price is £410 (all inclusive). Book using your PayPal account and you may have the option to spread the payments. This is a small intimate event and spaces are limited. Please visit our website spg.uk.com to book your tickets now.
TICKET OPTIONS
conference only ticket:
£410.00
This ticket includes: Entry to the conference.
member all inclusive ticket: This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities.
early bird member all inclusive ticket:
£310.00
This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities.
guest all inclusive ticket:
£105.00
This ticket includes: Gala dinner, an overnight stay in the same room as a full paying member and breakfast the next day, access to hotel facilities.
conference & dinner ticket:
£170.00
This ticket includes: Entry to the conference, gala dinner.
£150.00
dinner only ticket:
£55.00
This ticket includes: Gala dinner.
non-members ticket:
£510.00
This ticket includes: Entry to the conference, gala dinner, 1 night stay (double room for single occupancy), breakfast the next day and use of hotel facilities. Book using your PayPal account and you may have the option to spread the payments. We will continue to add more information to our website, spg.uk.com.
TICKETS ARE ON SALE NOW! Places are limited and tickets are sold on a first come, first served basis. To purchase tickets, please visit the SPG website at spg.uk.com.
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Thank You from SEVA Street
Serving with love
I would like to say a huge THANK YOU to all the members that donated to the SEVA Street charity that the SPG support, by purchasing raffle tickets and bidding in the auction at our 2023 annual conference in Vienna. A grand total of £1,543.47 was raised, thanks to your kindness and generosity. How the money is being spent? A portion of the money has been used to put shelving in the van, which was desperately needed, and the rest of the monies is being put towards feeding the homeless. Each week it costs around £350 to provide 250 people with hot meals, crisps, fruit, biscuits and a selection of hot drinks. The ever-expanding teams of volunteers set aside time every week to prepare large quantities of tasty, wholesome vegetarian meals and to then go out into the streets to set up serving tables to distribute to the destitute, homeless and hungry.
Seva Street is a non-profit organisation, sprung from the urgent and growing need to help and support rough sleepers in and around Stratford, East London. Registered charity No.1180811 Seva Street isn't affiliated to any faith, religion, race or political ideology and the volunteers come from all ethnicities and backgrounds, with one common aim - to help and support those in need. Their motto is:
Love All, Serve All
With an original target of fulfilling 20,000 meals, they have delivered over 200,000 meals since March 2020!!! If you wish to find out more about the charity, volunteer, or how you could support/donate to the work they do, not just money, but time and essential items that are needed, please go to: www.sevastreet.org/serving-with-love Sukhjit Ahluwalia Chairman & Founder of SEVA Street.
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Insurers respond to the Law Society guidance on climate change The Law Society has recently released new guidance addressing the impact that climate change presents to the delivery of legal services. This includes the impact on solicitors’ legal duties, which require them to disclose to a client any risks of which they happen to become aware, where those risks may impact the client’s interests. Crucially, the guidance establishes why it may not be possible to simply exclude climate change concerns from the scope of duties owed and competencies expected of a lawyer. Following its release, Lockton has canvassed opinion from insurers as to the expected impact on solicitors’ risk exposures, and the implications for solicitors’ professional indemnity insurance (PII). How significant is the Law Society guidance? From a PII perspective, insurers have been touching on evolving climate change concerns indirectly over the past few years, but increasingly so more recently. However, while climate change does factor into insurer thinking from a macro level perspective, the SRA guidance itself does not break significant new ground. Rather, the main duties it imposes on firms can be summarised as follows, none of which are new: 1. Duty to warn clients. 2. Keeping up with a changing regulatory landscape 3. Being mindful when drafting retainers’ 4. Everyone being entitled to legal representation but an ongoing requirement to report unlawful behaviour per professional rules of conduct. 5. Noting that solicitors shouldn’t advise on topics with which they aren’t familiar. At the corporate level, the majority of insurers already have guidance in place in connection with climate strategy. While this tends to be aimed more towards activities directly related to climate change, such as oil exploits, insurers do remain mindful of indirect exposures, including to professional indemnity. As climate change regulation increasingly moves from optional to mandatory, it will inevitably become a necessary focus for insurers. Does the climate change guidance create new exposures? Despite the above, the Law Society guidance does create exposure across the majority of lawyers’ portfolios, albeit to differing degrees. For smaller, traditional ‘high-street’ practices
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advising the public, climate change is likely to be lower on their agenda, with exposure probably limited to house purchases. Instead, it is larger firms providing commercial services and business advice with whom most of the exposure will sit. As with tax, which has caused various issues for law firms over the years (e.g., failure to consider), climate change and wider ESG implications are so intertwined with many transactions that it is difficult to envisage how they might be extricated. Therefore, although climate change concerns are unlikely to be central to firms’ advice, they cannot be ignored or fully excluded. Clients’ objectives with regards to the climate will need to be understood as part of KYC checks, to a similar extent as commercials and financials. Recognising and flagging this for attention by the client and their other advisers will be a necessary competence in its own right, so a minimum level of awareness around climate change concerns will be needed. Beyond legislative and regulatory concerns, commercial lawyers are expected to be commercially astute and not just to know the law. This may add an extra dimension to potential liability. Some attempts at carving out that liability might be made, or responsibilities excluded where specialist advisers or contractors are appointed. For firms choosing to offer specific advice on climate change concerns, it will be important to build up competence and product offerings accordingly as part of that intent. For most firms, however, change won’t be intentional, with advice around climate change creeping into transactions without lawyers being fully prepared. This will probably be a cause for concern. Other potential risks arising from the guidance include: • Risk for firms if they are involved in providing content, drafting, or checking the legality of claims and disclosures made, which are then deemed to be green washing or impact washing. • Pressure from some clients not to act for certain types of businesses, or businesses involved in certain activities, which could increase conflict scenarios. This may also be driven internally by law firm’s own climate change commitments. Firms may be concerned about making judgements around their clients’ business activities beyond the
clearer-cut sanctions, anti-money laundering (AML), and crime vetting checks. • Management Liability exposure – if information about stated climate or ESG objectives and/or metrics is not accurate, either due to errors, or due to pressure to achieve certain targets as part of a firms’ Scope 3 monitoring. Although only listed and larger corporates are currently required to comply with this legislation, trickle-down impacts may pressure smaller firms of any type, including professions, into making promises they can’t keep, or stating claims that aren’t true. This poses a risk of greenwashing. • With regards to house purchases, claims may arise where the asset value and/or its condition is impacted by climate-related issues that could/should have been foreseen. Many of these points are already addressed in terms of flood searches, but wider issues about the suitability of properties in a changing climate, or to meet future climatedriven regulations, would probably come down to survey issues. However, as has been seen in the past, surveyor negligence has been closely linked to claims against solicitors, and so failings in survey reports do not necessarily exonerate solicitors from blame. • Scope 1, 2 & 3 exposures are explained in the guide (Part 1), but Scope 4 ‘Advised Emissions’ will be new territory for most firms and require skills or capacity lacking in many firms. When claims arise in future, there will always be the question as to what point it would have been reasonable for clients to expect lawyers to start advising on the climate implications of their transactions. The answer to this remains to be seen. It could be that the issuing of the Law Society Guidance is treated as a critical date, or it might be argued that awareness levels were significantly raised prior to its release (for instance, following COP26 in Oct 2021), and that advice should have started at that point. How will climate change concerns affect the renewal process? Section 4.5 of the guidance suggests that PII insurers may ultimately require climate-specific information from all firms in order to offer terms. For now, however, it remains to be seen whether this is the case.
legal advice to their clients where it’s offered, particularly those which hold themselves out as experts in this evolving area. However, the submission process is already lengthy, so exhaustive information in this regard will be counterproductive rather than useful. As with all areas, investigations will be connected to an insured’s exposure, and not simply because certain activities relate to climate change. As part of the renewal process, sample questions of investigation are likely to encompass the following areas, although these will no doubt evolve over time in response to the claims picture: • Practice area – if a firm is offering advice on climate change as part of their service suite, then what are the systems, processes, and risk management measures in place to undertake this work? What KYC/customer due diligence are firms undertaking in this regard? What type of advice is being given? What additional checks are being undertaken in relation to the veracity of information received? What caveats/disclaimers are in place to protect firms in relation to the information/comments given by clients? Do the terms of business/retainer letters include additional considerations, particularly where other experts are involved? • Client selection – what clients/type of clients are firms advising in relation to climate risk? • Ethics Committee – do firms have an established Ethics Committee in place? What thresholds are in place? What are the dos and don’ts when it comes to client selection and ongoing advice? What are the parameters in which firms will cease to act? • Limits of liability – what caps will firms put in place? What additional considerations are in place in the event that clients request to increase above the standard cap? For further information, please contact your Lockton representative or any of the team: Lockton Solicitors solicitors@lockton.com 0330 123 3870
Primarily, insurers will want to be confident that their insureds have the competence and experience to be able to provide appropriate
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Barristers Blog The evolving terrain of Copyright in the age of AI-Generated Works Introduction In the vibrant realm of digital creativity, a captivating category has come to the fore in recent years - computer-generated works. This category transcends the traditional bounds of authorship and creativity, harnessing the power of complex machine learning algorithms capable of mimicking human creative processes. The term "computer-generated work" has evolved far beyond the old-fashioned notion of humans merely controlling machines to produce images; it now embodies a sweeping concept fuelled by AI-powered creativity. In this article, we embark on a journey into the universe of computergenerated works, exploring real-world examples, dissecting the copyright implications, and navigating the complex legal framework that oversees this ever-evolving landscape. AI's Creative Apex Sophisticated AI has attained creative heights hitherto unseen. AI-driven software tools such as Stable Diffusion, DALL•E, and MidJourney are trained on colossal datasets teeming with terabytes of images, encompassing photographs, paintings, drawings, logos, and more. These remarkable tools, guided by text-based prompts, are capable of crafting intricate graphical masterpieces that rival the creativity of humans. The boundaries of AI's potential in the world of art and creativity continue to expand at a staggering pace. To underscore the commercial value of AI-generated art, look no further than the "Portrait of Edmond Belamy," a creation of generative adversarial networks, which fetched an astounding $432,500 at Christie's in New York in October 2018. The Legal Maze As AI-generated works challenge the frontiers of creativity, legal systems across the globe grapple with profound implications. Few legal frameworks have provisions that explicitly address computer- generated works, plunging us into an uncharted and intricate terrain. Let's embark on a journey through the crucial legal considerations and pertinent cases.
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1. Copyright Ownership in AI-Generated Works In the UK, copyright law traditionally grants initial ownership rights to the human author. However, Section 9(3) of the CDPA (Copyright, Designs and Patents Act) introduces a unique twist. It defines that for literary, dramatic, musical, or artistic works generated by a computer, the author is the person who orchestrates the necessary arrangements for the work's creation. 2. Case Law Precedent Legal precedents play a pivotal role in clarifying copyright matters concerning AI-generated works. In the "Express Newspapers v Liverpool Daily Post & Echo" case, the High Court ruled that the human programmer responsible for designing the software generating the work should be acknowledged as the author. This principle was reaffirmed in the "Nova Productions Ltd v Mazooma Games Ltd" case, underlining the significance of human involvement in initiating the creative process. 3. AI Training Data AI tools such as DALL•E and MidJourney rely on extensive datasets, potentially including copyrighted material. This raises legitimate concerns about potential copyright infringement by AI-generated works. In the European Union, Article 4(1) of the Copyright in the Digital Single Market Directive permits text and data mining for research purposes on publicly accessible works, provided it doesn't infringe upon copyright. The UK is also in the process of aligning its laws with this directive. 4. Copyright Infringement AI-generated works may inadvertently infringe upon existing copyrights. For instance, instructing an AI tool to create art in the style of a famous artist could result in the replication of a significant part of the original artist's style, potentially leading to copyright disputes. Determining infringement in such cases can be an intricate endeavour, often hinging on the intent and usage of the AI-generated work.
Copyright Challenges and the AI Paradox: The copyright landscape in the age of AIgenerated works presents a paradox. While AI systems generate content that can be copyrightable, the lack of direct human touch in the creation process challenges traditional copyright notions. As AI continues to evolve, with machine learning models learning independently from human intervention, the existing copyright frameworks face profound questions and necessitate adaptation. In this intricate legal terrain, AI-generated works are transforming not only the world of art but also the very foundations of copyright law. Balancing innovation with intellectual property rights remains a delicate endeavour. The future of AI and copyright will require collaborative efforts between lawmakers, technologists, and creative minds to strike a harmonious chord in the ever-evolving symphony of digital creativity. The dialogue between technology and the law will shape the future of creativity in an increasingly AI-driven world.
Tahir M. Khan Barrister at Clerksroom
Disclaimer: This content is provided free of charge for information purposes only. It does not constitute legal advice for any specific case or cases and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed, or accepted by any member of Chambers or by Chambers as a whole. © Tahir M. Khan
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Sole Practitioners Group Executive Committee 2023 JOANNA CONNOLLY Chair Joanna is well known as an expert in the complex field of consumer credit law. She is a Solicitor Advocate and qualified to represent clients in the Higher Courts. Joanna’s experience and passion for helping people is reflected in her exceptionally high success rate. Joanna and her team run a thriving practice dealing with clients from all over the country. Hers is the ‘go-to’ consumer credit defence firm in the UK. Tel: 0330 053 9340 Email: joanna@spg.uk.com Joanna Connolly Solicitors 33 Cheadle Avenue • Liverpool • L13 3AE RAHIL CHAUDHARI Vice-Chair Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and trained and worked 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 specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas, his client base spans a wide range of sectors from multinational companies to private individuals. Tel: 01273 696 962 Email: rahil@spg.uk.com Arlingsworth Solicitors Ltd 145 Islingword Road • Brighton East Sussex • BN2 9SH TAHIRA SHAFFI Honorary Secretary Tahira has been qualified for 20 years and started as a sole practitioner in 2010 after being made redundant. Working on your own can be a lonely experience but she has found the SPG to be wonderful source of support and friendship. It is important for her that there is an independent body outside of the Law Society working hard to look after its members interests. Tahira is based in Bury, Greater Manchester where she lives with her family. She has many interests outside of the law. Tahira was previously an LEA school governor and has stood as a candidate in the local elections. She is passionate about civic duty and putting something back into the community. Tel: 0161 222 6092 Email: tahira@spg.uk.com Mikhael Law 197 Rochdale Road • Bury • Lancs • Bl9 7BB
PENNY RABY Honorary Treasurer 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 has presented her networking pantomime ‘Snow White and the Seven Small Business People‘ here and abroad. Tel: 01386 555 114 Email: penny@spg.uk.com Penny Raby & Co Harmony House • 7-9 Church Street Pershore • Worcestershire • WR10 1DT SUKHJIT AHLUWALIA Marketing Officer & Conference Organiser Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal, one to one service through his own practice. He has been based in Goodmayes in Ilford since 2003. Sukhjit likes to get involved in charitable activities, working with organisation to assist people from all backgrounds and ages in reaching moral excellence either in their private or professional lives. 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.
CHAMAN BALU Executive Committee Member Having qualified as a solicitor in India in 1983, after settling in England and running a grocery shop, I found myself wanting to go back to what I had studied so hard for at Punjab University Chandigarh. In 1993, I joined Staffordshire University Law School. In 1996 I completed my CPE, it took a further few years before I found a firm that would give me the opportunity to complete my articles and I qualified as a solicitor in 2004. I finally became self-employed in 2005, and since then, I have gone on to expand the firm, this has also enabled me to allow other solicitors to train with CLB Lawyers. Our main areas of work are Residential Conveyancing, Wills, Probate, Commercial Property leases, buying and selling Business, our work is all private client based. Tel: 01384 451731 Email: chaman@spg.uk.com CLB Lawyers 208 Wolverhampton Street • Dudley • DY1 1ED
Tel: 020 8215 0884 Email: sukhjit@spg.uk.com Avery Emerson Gloucester House • 335 Green Lane Ilford • Essex • IG3 9TH SARAH AUSTIN Chair of the Conduct Committee Sarah Austin is a Sole Principal of her own Lexcel accredited firm, a serial volunteer, and a contributor. Currently, she is a member of the Judicial Appointments Advisory Group, considering selection exercises for fairness and accessibility. She has authored articles, contributed to consultations, committees, boards and working parties, addressing inclusion, social mobility and governance. In addition, she holds statutory appointments for a number of Councils, as their Independent Person, dealing with complaints brought against parish, town and county councillors. Tel: 0800 377 7716 Email: sarah@spg.uk.com Austin Solicitors Building 3, Chiswick Park • 566 Chiswick High Road • Chiswick • London • W4 5YA
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LegalEx 2023 On a mission to modernise the Legal Sector LEGALEX 2023 IS BEING HELD OVER 2 DAYS AT EXCEL LONDON: Wednesday | 29th November 2023 | 09:30 - 17:00 Thursday | 30th November 2023 | 09:30 - 16:30 The Legal Industry as you well know, is widereaching and varied, and is constantly evolving. Not all legal firms and their staff will be at the same stage of adopting modern technologies and implementing new business protocols, and it's hard to keep up.
There will be over 100 leading exhibitors, 30 plus expert speakers and 2000 plus visitors are expected, one of whom will be myself.
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I find it invaluable attending, as I benefit from the expertise shared in the keynote sessions, connecting with other legal professionals through the unmatched networking opportunities, and discovering the latest cutting-edge technology suited for the modern hybrid-working environment.
LegalEx has something for everyone, and it is good for keeping you updated with the industry. I believe that LegalEx will help you run, grow and advance your legal practice by staying up to date with the ever-changing legal landscape. It will also give you the opportunity to network and share insights with peers to develop your knowledge and cultivate invaluable relationships. Sukhjit Ahluwalia SPG Conference & Events Organiser & Marketing Manager
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Risks to mental health in the workplace - What are they, and how to manage them? • Harassment, sexual harassment or bullying. • Discrimination and exclusion • Unclear job role and expectations • Low reward and recognition, poor investment in career development
• Conflicting home/work demands. • Isolated or remote working • Exposure to traumatic events How does exposure to psychosocial risk cause harm? Some of these risk factors, such as exposure to traumatic events, have the potential to directly cause harm. Legal professionals working in family, criminal, immigration, or crime may develop vicarious trauma because of exposure to the trauma experienced by their clients. It was World Mental Health Day on 10 October: an opportunity to raise awareness and campaign for change. This year we want to highlight the responsibilities of employers to create mentally healthy workplaces. The traditional view of health and safety in the workplace is evolving to include the risks to mental health in workplaces and a recognition that these need to actively managed. In the legal profession the focus of managing mental health at work has generally been on supporting individuals to cope with the pressures of a career in the law by building their resilience, providing education and access to external support. Although this can be beneficial, workplaces need to go wider and look at their organisational culture and working practices and consider their responsibilities to ensure that they create an environment which supports psychological safety and mental health. What are psychosocial risks? Risks to mental health at work, also known as psychosocial risks, are a broad range of factors relating to the workplace and working that can cause psychological harm and can come from: • Work management or design • The work environment • Workplace relationships and social interactions The World Health Organization has identified common risks to mental health at work (Guidelines on mental health at work) and those that are relevant to the legal sector include: • Excessive workloads • Long, unsocial, or inflexible hours • Lack of control over workload or job design • Organisational culture that enables negative behaviours • Poor workplace relationships • Limited support from colleagues, poor management, or authoritarian supervision
However, for most people, it is a combination of exposure to psychosocial risks at work which can undermine their mental health and lead to anxiety, stress, burnout, or depression. The legal workplace is characterised by inherent psychosocial risks - working long hours, poor work life balance, meeting the expectations of demanding clients, heavy caseloads, the pressure of deadlines and billing targets, whilst maintaining high standards of ethical and professional conduct. This is evidenced by our Life in the Law Study published in 2021, which showed that legal professionals were at high risk of burnout associated with a high workload, working long hours and a psychologically unsafe working environment, and 20% reported being bullied, harassed, or discriminated against. How can legal workplaces manage psychosocial risk? The tendency in legal workplaces is to respond to people with work related mental health conditions, once the problem has arisen; the goal should be to prevent work related mental health conditions developing in the first place. Actively managing psychosocial risks is the key to prevention. Employers should assess and identify the workplace risks to mental health, identify who may be exposed to these and which groups may be at particular risk, then take steps to mitigate, modify or remove these risks and monitor the impact these steps have had. Managing psychosocial risks should be embedded in the organisational risk management system.
up about their mental health and work-related concerns. If they don’t, consider and take the steps needed to address this, in particular the role of leaders in demonstrating their commitment to a positive workplace culture and capacity for change. Although it may seem challenging to implement measures to manage the psychosocial risks in legal workplaces, there are some practical steps that employers can take such as: • Invest in management training so that those with responsibility for others have the skills and capacity to do this effectively. • Ensure staff have the support they need – regular 1:1 catch ups with their manager or supervisor and participation in relevant mentoring and peer support schemes. • Monitor and manage workloads and ensure staff and teams are adequately resourced. • Check in regularly with staff working remotely. • Adopt a zero-tolerance policy to bullying, harassment and discrimination. • Address poor workplace relationships or conflict. • Support staff to work healthy hours, take breaks and their holiday entitlement. • Ensure transparent processes for work allocation, reward, and career progression. • For those exposed to traumatic events or materials, provide education, support and training. • Provide flexible working arrangements e.g., working from home or flexible hours to allow more time for responsibilities outside work and for activities that support mental wellbeing. Adopting a proactive approach to managing psychosocial risks supports an engaged, productive, and inclusive workplace which enables people to thrive. LawCare is the mental wellbeing charity for the legal profession offering free, confidential, emotional support, peer support, and resources to those working in the law. LawCare promotes mental health and wellbeing best practice in legal workplaces and drives culture change in education, training and practice. If you need support call LawCare on 0800 279 6888, email support@lawcare.org.uk or go to www.lawcare.org.uk. Elizabeth Rimmer CEO of LawCare
Practical steps to mitigate risks Start with a strategic review of your organisational culture. Consult with colleagues about their perspectives on this, find out if they feel they work in an environment that fosters trust, respect, and psychological safety where they can speak
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X-Press partners with LPG to offer law firms Home Buyer Protection X-Press Legal services has formed a new partnership with LPG, enabling conveyancers to mitigate the financial costs of failed property transactions for their clients. As reported by Today’s Conveyancer, the average cost of a fall-through during the second quarter of 2023 was £3,394, up from £3,355 in Q1. At the same time, the estimated number of transactions that fell-through in Q2 hit 69,940, a 10.2% increase on the previous quarter. As a leading provider of property searches and reports to the conveyancing industry, X-Press Legal Services is now on a mission to protect conveyancers’ reputations and consumers cash by raising awareness of a little-known insurance product - Home Buyer Protection. The company has announced a strategic partnership with insurance provider LPG to ensure Home Buyer Protection is available to all legal firms that it partners with. Sharing the same values as X-Press Legal Services, LPG is dedicated to building meaningful client relationships. The partnership aims to empower
consumers ensuring enhanced protection and peace of mind during the transaction process. “This collaboration with LPG stems from our commitment to ensuring the legal firms we partner with can offer their clients an enhanced property buying experience,” commented Lynne Lister, MD of X-Press Legal Services. “Home Buyer Protection ensures consumers are safeguarded while also promoting confidence and transparency throughout the process. We hope this additional asset will be welcomed by local law firms who recognise the financial damage that losing out on a purchase can cause their clients. Together, we can make buying a home less stressful for purchasers which is positive news for all parties.” Property transactions entail an array of risks, both known and unforeseen during the 144day average journey from deciding to buy and property instruction to purchase completion. Home Buyer Protection covers a spectrum of costs associated with the transaction process, including mortgage arrangement fees, professional fees (including legal costs) and disbursements.
“Clients will be thanking rather than blaming their conveyancers when transactions fall through, if they have Home Buyers Protection,” added Lynne. “This insurance covers mortgage arrangement fees, professional fees and disbursements, making the loss of a purchase less financially painful and hopefully giving consumers the confidence to retain their conveyancer and start the process again.” Law firms interested in Home Buyer Protection can order it directly via X-Press Legal Services’ Intelligent Conveyancing Online System ICOS or via their local X-Press Legal Services Office. X-Press Legal Services has earned its reputation as a trusted independent property search provider, offering valuable insights and meticulous searches to facilitate informed property decisions. The firm has locally owned offices throughout England & Wales. For further information or to find your local X-Press office visit www.xpresslegal.co.uk.
Winter precautions and requirements for unoccupied properties During the winter season, many insurance policies apply cover restrictions or heating requirements because of the increased risk of damage caused by the cold weather. Check your policy wording and schedule as policies vary from one insurer to another, even from one policy to another.
As the colder weather is now upon us, it is time to tell your clients to prepare their properties for winter. � Check policies for heating requirements, many will require heating is in operation 24/7 or the water switched off and drained from the system. Ensure boiler is operating smoothly and set up correctly. � Check your insurer’s inspection requirements and ensure your clients can comply � Check roof for signs of damage, slipped tiles, excessive moss growth or weeds, cracked cement etc. � Check gutters, downpipes and drains are clear. Blockages in gutters can cause damp, water ingress or flooding. � Check flat roof areas for signs of damage or weakness. A felt flat roof has a limited lifespan, anything more than 12 years old is likely to be severely weakened and in need of replacement. � Check windows, doors and frames for signs of rot or weathering. � Check that the stopcock is operating properly, check taps, pipes and radiators for signs of leaks or drips. � Check pipes in loft areas. If you have water pipes in the roof space, open the loft hatch by 12 inches to allow warm air to circulate in the loft.
For unoccupied property insurance quotations, call Bickers Insurance Services on 01903 791340 Bickers Insurance Services is a trading name of Bickers Insurance Services Limited. Registered in England and Wales Reg No.08432640. Bickers Insurance Services Limited is authorised and regulated by the Financial Conduct Authority under Firm Reference 712097. The Pavilion, Hollyacre, Toddington Lane, Littlehampton, West Sussex BN17 7PP
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Challenges facing the Judiciary The judiciary in the United Kingdom (UK) is an essential component of the legal profession, responsible for interpreting and enforcing the law. It comprises judges, magistrates, and other legal professionals, and it plays a vital role in ensuring that the rule of law is upheld in the UK. Many judges and legal professionals are highly skilled and committed to ensuring that justice is done, even in the face of significant challenges. However, the state of the judiciary in the UK is a topic of ongoing debate, with some experts arguing that the significant challenges need to be addressed. One of the key issues facing the judiciary in the UK is the question of its independence. While the judiciary is technically independent of the government, there are concerns that this independence may be eroded by political interference. Some argue that the appointment process for judges is too closely linked to the government, with ministers playing a significant role in selecting candidates. This has led to concerns that judges may be appointed on the basis of political allegiance rather than merit. Another challenge facing the judiciary in the UK is a lack of diversity. The judiciary is overwhelmingly white and male, and there are concerns that this lack of diversity may undermine public confidence in the legal system. There have been some efforts to address this issue, with initiatives such as the Judicial Appointments Commission (JAC) seeking to promote diversity in the appointment of judges. However, progress has been slow, and many argue that more needs to be done to address this issue. Recent statistics for the Government show that as of 1 April 2022 5% of judges were from Asian backgrounds, 1, 2% were from mixed ethnic backgrounds, 2% were from black backgrounds and 1% were from other ethnic minority backgrounds.
A further challenge facing the judiciary in the UK is the question of funding. The UK legal system is known for being expensive, and many people are unable to access justice because they cannot afford the costs of legal representation. This has led to concerns that the judiciary is becoming increasingly inaccessible to the general public, particularly those on low incomes. Some argue that more funding should be made available to support legal aid and other measures to ensure that the judiciary is accessible to all. Despite these challenges, there are also many positive aspects of the judiciary in the UK. The UK legal system is respected around the world for its fairness and impartiality, and the judiciary plays a vital role in upholding the rule of law without fear or favour. For example, High Court Judges recently ruled that the former Lord Chancellor Dominic Raab acted unlawfully by stopping prison and probation staff in England and Wales from recommending whether a prisoner was fit for release or transfer to open prisons and may yet face proceedings for contempt of court.
Conclusion In conclusion, the state of the judiciary in the UK is a complex and nuanced issue, with many challenges that need to be addressed. While there are concerns around issues such as independence, diversity, and funding, there are also many positive aspects of the UK legal system. By working to address these challenges, the UK can ensure that its judiciary remains a world leader in the delivery of justice and the upholding of the rule of law.
Joanna Connolly SPG Chair
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Spotlight on...
Sheryl Perry Sheryl Perry of Sheryl Perry solicitors, award winners of the SME Award for Best Family Law firm in Essex, Prestige Award for Family Law Specialist of the Year and Global 100 2023 Best Family Law firm in Essex, shares her insights on the complexities of an arranged marriage breaking down.
Divorcing after an arranged marriage While forced marriage has been illegal in the UK since 2014 and ‘love marriages’ are held up as the norm, arranged marriages often fall into a grey area between the two. Arranged marriages can sometimes be viewed as uncomfortable in contemporary Britain, largely due to the belief that these are the same as ‘forced marriage’ which they are most certainly not. For many they are a quaint eastern custom and now modern arranged marriages involve a variety of matchmaking practices where each family tailors its own version to suit modern western identities and ambitions. In the first generation of arranged marriages in Britain, people would return to their homeland to find partners, and would expect their children to follow in their footsteps. There was a marked shift in the attitude of the British-born second generation in the 60s/70s and unlike their parents, this generation identified more with Britain than with Asian countries. Today younger British Asians prefer two styles of marriage – a semi-arranged and love-arranged marriage. Regardless, it is still vital to acknowledge the diversity of arranged marriage forms and what it means to the family unit. Love and arrangement can exist together, as shown by
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the marriage styles that are popular among British Asians today. The modern arranged marriage is more than simply meeting your soon-to-be spouse on your wedding day for the very first time. Today, there is often significant negotiation between matched couples and their families. However, an arranged marriage is not a guarantee of a happy or successful marriage. The divorce process is a stressful time for all individuals regardless of culture and tradition. No matter whether your divorce journey is contentious or amicable, you will be expected to go through your debts, assets, and personal belongings with a fine-toothed comb just as you would with a western divorce process. The one thing that could be hard to navigate in an arranged marriage is the provision of a dowry. • The Asian dowry tradition in England is more prevalent amongst the Sikh community. • The Gujarati community sees it as an exception rather than the rule. • In the Muslim community the bridegroom’s family provide gifts for the bride that are not usually reciprocated. • Historically, most Asians enjoyed a high
standard of living, irrespective of their caste and religion, and could afford to give a dowry. In Britain today, the rising standard of living coupled with Asians’ desire to advance in their community, the dowry has remained intact. Upon divorce, the dowry may be called into question and the legal framework often requires the English courts to adjudicate on contentious issues such as: • Did a bride take a dowry with her? • What is the legal effect of the dowry? • How does a bride get her dowry back? • What is the legal effect of jewellery passing from the bridegroom’s family to the bride? • What is the legal effect of jewellery and/or clothing which passed from the bride’s family for the groom and his family? This is an area of arranged marriage divorce that requires much evidence and needs the knowledge and expertise of an experienced family law solicitor. To this end we are expanding and, I am delighted that solicitor, Summer Croft joined our team in October.
Sheryl Perry Sheryl Perry Solicitors - Experts in Family Law
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Challenges facing solicitors in the UK today One of the biggest challenges facing solicitors in the UK today is the ever-evolving landscape of technology and data privacy. With the rise of the internet, social media, and big data, there are new legal issues that arise on a daily basis. This article explores some of the key issues that solicitors need to be aware of in order to effectively navigate the complex world of technology and data privacy. Data Protection and Privacy Laws One of the most significant areas of concern for solicitors is data protection and privacy laws. The General Data Protection Regulation (GDPR) came into effect in May 2018, and it has had a significant impact on the legal landscape in the UK. The GDPR requires companies to obtain consent from individuals before collecting, storing, and using their personal data. It also gives individuals the right to access and control their personal data and requires companies to notify individuals in the event of a data breach. Solicitors must be well-versed in the GDPR and other data protection laws in order to effectively advise their clients on compliance issues. They must also be aware of the potential consequences of non-compliance, including fines and reputational damage. Cybersecurity Another area of concern for solicitors is cybersecurity. With the rise of cyber threats, including hacking and data breaches, it is essential that solicitors take steps to protect their clients' data. This includes implementing robust cybersecurity measures, such as firewalls
and encryption, and training staff on how to identify and respond to potential cyber threats.
www.sra.org.uk/solicitors/guidance/offensivecommunications.
Solicitors must also be aware of their ethical obligations to protect client confidentiality. This includes ensuring that client data is stored securely and only accessed by authorised personnel. It also includes being transparent with clients about the steps taken to protect their data and informing them in the event of a data breach.
Artificial Intelligence Finally, solicitors must be aware of the potential impact of artificial intelligence (AI) on the legal profession. AI has the potential to automate many tasks that are currently performed by solicitors, such as legal research and contract analysis. While this could lead to increased efficiency and reduced costs, it also raises concerns about job displacement and the potential for bias in decision-making.
Social Media Social media is another area of concern for solicitors. With the rise of social media platforms like Twitter and Facebook, there are new legal issues that arise on a daily basis. For example, solicitors must be aware of the potential for defamation and other legal liabilities that can arise from social media use. Solicitors must also be aware of the ethical considerations surrounding social media use. This includes ensuring that they do not engage in behaviour that could damage their professional reputation, such as making derogatory comments about clients or colleagues. The Solicitors Regulatory Authority (SRA) issued a warning notice which focused primarily on social media but also included other forms of communication such as emails, text, telephone and letter. The SRA warned that solicitors must ensure that in the communications they send to others or post online do not contain statements which are “derogatory, harassing, hurtful, puerile, plainly inappropriate or perceived to be threatening, causing the recipient alarm and distress.” Access the warning notice here
Solicitors must stay up to date on the latest developments in AI and other emerging technologies in order to effectively advise their clients. They must also be aware of the potential ethical considerations surrounding the use of AI in the legal profession, such as ensuring that AI-powered tools are unbiased and transparent in their decision-making. Conclusion In conclusion, solicitors in the UK face a number of challenges when it comes to technology and data privacy. They must be well-versed in data protection and privacy laws, cybersecurity, social media, and the potential impact of AI on the legal profession. By staying up to date on the latest developments and taking steps to protect client data, solicitors can effectively navigate the complex world of technology and data privacy and provide their clients with the best possible advice and representation. Joanna Connolly, SPG Chair
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Health & Wellbeing Is a work-life balance in UK law achievable? Lawyers are known for their long hours and demanding workload, often working evenings and weekends, a question that is being asked more frequently is – “Is a worklife balance in UK law achievable?” The short answer is, yes! It’s possible to have a work/life balance working in the legal profession, as long as you view it as a “work in progress”, not a goal, but there’s no one size fits all solution and what’s right for one, may not be right for another, but where do we start? n What is work-life balance? A common definition is - “equal time or priority to personal and professional activities.” Using that definition, how many of you are finding that you are not achieving the work-life balance you want? According to the 2022 Legal Trends Report, 86% of lawyers work outside of the typical workday, with 73% regularly working during weekends, no wonder that (according to
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sources) over 35% of marriages in the legal profession end in divorce! The tell-tale signs of a poor work-life balance include: n You feel tired all the time. If you constantly feel drained, it could be a sign that you are working too much, and that having too much to juggle in the day is making you feel mentally and physically exhausted, this can also affect your sleep. Finding a relaxing bedtime routine can help you to fall asleep quicker and get a more restful night’s sleep. It might be cutting out screentime before bed, reading a book, or meditating can help you to feel more relaxed. n You're working long hours and weekends. When the lines between work and personal life are blurred, you could end up checking emails or preparing for trial, long after you should have “clocked off”. Working from home you can be tempted to just “finish that brief”, and before you know it, the weekend has gone!
Set strict working hours and follow them daily. Take breaks when you’re feeling burned out or overwhelmed. Overworking may result in reduced productivity and high levels of stress. Take some time every morning to look at your to-do list and prioritise what needs to be done and when. n Your workspace and personal space are a mess You might feel like you don’t have time to tidy up and if you’re struggling to manage your tasks, you could end up with paperwork from different projects strewn across your desk. A cluttered workspace will make you less focused and productive. An organised workspace is critical to your wellbeing. Not only will you know where everything is, but you’ll also experience a more organised mental state. Make sure you have the right equipment to properly organise your desk, for example, letter trays to help you organise your paperwork into items that you need to deal with urgently, to be dealt with, and items that are in progress. n You Never Take Time Off Work-life balance for lawyers shouldn’t just include taking care of business because this means that your mind never gets a proper break
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from work. Working while ill means it will take you longer to recover. Take the time to do activities that recharge you, spend time with your family and friends, participate in outdoor activities, or binge-watch a new show. Ensure you take sick days when needed, this will give your body a chance to heal and recover properly. n You're Neglecting Your Personal Relationships Feel like you have no time to spend on the relationships with your friends and family? Do find that even when you do spend time with them, you’re too tired and mentally drained to interact with them properly. Spend quality time with your loved ones, try to have a family dinner every evening and have a “no phones” policy at that time. Plan a
weekend away, book a holiday, and spend time with friends, participate in outdoor activities, or binge-watch a new show. n You Often Feel Irritable Are you frequently losing your patience with your co-workers, friends and family? Irritability and stress often go hand-in-hand. Snappiness, bluntness and being overly aggressive are symptoms to look out for, particularly if these behaviour patterns are out of character.
it is a journey, an ongoing process that is constantly evolving. Taking small steps, one at a time, to implement changes, and reviewing how those changes are working for you, will help you to become more productive, healthier and happier.
Once you have a plan in place, setting out the work-life boundaries and sticking to them, this will reduce the stress, which in turn reduces the irritability. Leading to a more relaxed, productive and happier life for you and those around you.
On a personal note, as this is something I have been working on for a while now, one of the hardest and best things I learnt to do, was say “No”! It was difficult at first, I felt guilty, and I felt that I was letting others down, or showing a weakness. But the more I used that little word, I felt some of the pressure lift, and as this happened, I found my mind becoming clearer and was able to focus on putting my “Be good to myself” plan into place. Saying “No” is not showing a weakness, it is showing a sign of strength.
You cannot achieve a work-life balance overnight,
Sheila Mann
Would you like to be in the Spotlight! Members contribution to the Solo magazine wanted We are already working on our next edition of the SPG Solo magazine, and we would like to get as many of our members involved as possible. The topic of your article would be of your choice, it could be about: l A change in the law that you have an opinion on. l An interesting article you have read that you think may be of interest to our members. l Something specific to the area of law you practice in. l A book/course/seminar that may be of interest/benefit to our members. l Your life in law. l Anything law related that is amusing – that would be a bonus! The article would ideally have a maximum of 750-word count, but that is not set in stone, if find yourself in full flow. The deadline for you to submit an article is 22nd December 2023! You will appreciate that, depending on the number of articles we receive, we cannot guarantee that your article will be included in the next edition. But we will keep them on file, so that they may be used in later editions of Solo. Please send your article for submission to info@spg.uk.com.
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A Vineyard Visit, Explaining Value, and Getting More Clients There are opportunities all around us to see what works well to attract new clients (and what doesn’t) and then to apply it to our own practice. A good example comes from my visit this summer to a vineyard in Andalucía, Spain, for a tour and tasting. It was excellent. Not just the wine (we bought 6 bottles to enjoy later!) but also the experience itself. And, since then, I’ve recommended the visit to at least three other people. But… I nearly didn’t go.
THE COST vs. VALUE CONUNDRUM
When I read about the visit on the vineyard’s website there was very little information except the price: EUR30 per person. The vineyard itself was in a remote location, about 50 minutes’ drive from where my husband and I were staying. And it wasn’t clear what the tour and tasting would involve, or why it cost more than most other vineyard visits in the area. So we weren’t sure whether it would be ‘worth it’, not just in terms of the money but also the time and effort to get there.
THE HIDDEN VALUE OF THE VINEYARD VISIT
Luckily, we decided to take a chance and go anyway. And when we got there what we discovered was that EUR60 for two of us covered not only a generous tasting of the (very good) wines, but also tapas to enjoy with the wine and a private tour around the vineyard with the Operations Manager in a smart Mercedes 4x4 (we were grateful for the air con as it was 37C that day!). Plus, we were invited to continue enjoying the wines and the amazing views from the tasting room for as long as we wanted. But, we nearly didn’t go – because none of this was explained in advance and we had no way to understand the value of the experience on offer.
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APPLYING THE VINEYARD LESSON TO YOUR LAW FIRM The same value question applies to your prospective clients when they’re deciding whether or not to instruct your law firm.
If they don’t understand the value of what you offer (your legal expertise, your level of service, the experience they’d get if they worked with you) they may be reluctant to pay the fees you want to charge. They may instead decide to shop around, and perhaps choose another firm that charges less. After all, if they can’t see any other difference between the service (value) you provide and that offered by your competitors, fees will likely be the determining factor.
HELPING PROSPECTIVE CLIENTS TO SEE YOUR VALUE
So, are you doing enough to help your prospective clients see the value of your legal services before you ask them to make a decision about investing in your services? One of the best ways to show clients the value of your help is to ask ‘Value Questions’ during your initial consultation or phone call. This is one of the first strategies I teach our ‘Profitable Practice’ law firm clients, because it dramatically increases conversion rates and it’s quick to learn and apply.
If you want to test out ‘Value Questions’ for yourself, try asking your prospective clients why they want to get help with the specific legal issue they’ve brought to you. What result do they want, and why is that important to them?
THE IMPACT OF VALUE PERCEPTION ON CONVERSION RATES When prospective clients answer these questions they’ll be telling you the value of getting your help to solve their legal problem.
Which means they’re much more likely to see the value of your services and say “yes” to the fees you want to charge. Which in turn means higher conversion rates at higher fees.
UNLOCKING YOUR FIRM'S GROWTH POTENTIAL
If you’d like to find out which other strategies would help your law firm increase the number of new clients as well as increase your fee income and profitability, join me and other small firm owners at my next online workshop ‘Profitable Practice Growth Secrets For Small Law Firms’. Find out more at www.thebusinessinstructor. com/workshop
ABOUT THE AUTHOR Michelle Peters (Founder of The Business Instructor) is a former practising solicitor from a Magic Circle firm. She is the creator of the Profitable Practice Programme which has enabled hundreds of sole practitioners and small firm owners to attract better clients and increase their profits without working more hours. Michelle is also the author of the No.1 Best-Selling Book ‘The Client Magnet Formula for Lawyers: How To Attract And Convert More Of Your Ideal Clients’.
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Merging a Law Firm: Regulatory Issues to Consider Merger activity has vastly increased within the legal services industry over the past few years, with the many benefits a combined firm can bring. Merging law firms in England and Wales involves specific considerations due to the highly regulated nature of the legal profession. These include: • INFORM THE SRA: You will need to inform the Solicitors Regulation Authority (SRA) of plans to merge your firm. The SRA will need to approve new managers and any non-lawyer managers. • CLIENT CONFLICTS: Conflicts of interest must be identified and addressed to prevent conflicts with existing clients. • PROFESSIONAL INDEMNITY INSURANCE (PII): The merged firm must maintain or acquire PII that meets SRA requirements. • CLIENT NOTIFICATIONS: Clients of both firms must be informed about the merger and given the choice to stay with the merged entity or seek representation elsewhere. • CONTINUITY OF SERVICE: The merged firm must ensure ongoing service for existing clients, possibly transitioning cases to different solicitors within the merged firm. • SRA STANDARDS AND REGULATIONS: The merged firm must adhere to the SRA
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Standards and Regulations, which outline rules for solicitor conduct. • DATA PROTECTION: Data protection laws must be followed during the merger, safeguarding client information. • ACCOUNTS RULES COMPLIANCE: The merged firm must abide by the SRA Accounts Rules governing client money handling. • RECORD RETENTION: Both firms must keep records of client files, financial transactions, and relevant documents per SRA requirements. • PRINCIPLES-BASED REGULATION: The merged firm must have systems in place to ensure compliance with high level principles which include Codes of Conduct of the standards the SRA and public expect from solicitors and law firms. • TRAINING AND COMPETENCE: The merged firm must ensure all solicitors and staff meet SRA requirements for professional development and competence. Consulting legal and regulatory experts familiar
with law firm mergers, such as Weightmans Solicitors, is essential to ensure compliance and protect the interests of both firms and their clients. But what happens if various areas of law will not continue to be undertaken in the new combined entity? R&R Solutions helps solicitors to withdraw from specific sectors of the legal market, whilst ensuring 100% of the recoverable WIP value is retained by the law firm. We work alongside solicitors, accountants, restructuring lawyers and restructuring specialists to ensure the most profitable outcome is achieved in realising WIP assets on any file transfer agreement. Whether you find yourself in a law firm merger situation, or an alternative, such as restructuring, R&R Solutions can help you achieve long term success.
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Proposals to abolish Inheritance Tax must take into account risk of legacy income loss for charities Over 50 MPs have called for Inheritance Tax (IHT) to be abolished, and Government is reported to be considering including the proposal in the Conservative manifesto. With the current IHT framework offering generous incentives for legacy giving – a growing and crucial income stream for UK charities, Remember A Charity will be calling on government and policymakers to consult with the sector and to ensure that legacy income will be protected. Lucinda Frostick, director of Remember A Charity, says: “Any change to Inheritance Tax that fails to consider the likely impact on legacy giving and just how vital this income stream is for UK charities would be of great concern to us at Remember A Charity. “Legacy giving has become a lifeline for thousands of charities and community-based organisations, building resilience and long-term income that has proved crucial in the current economic climate. “As a representative body for 200 charities that rely on legacy income, we will be urging government and policymakers to consult with us and the wider sector to explore the likely impact on charities of proposed changes, ensuing that legacy income will be protected.”
WHAT ARE THE IHT BENEFITS?
Charitable gifts in Wills are currently exempt from Inheritance Tax (IHT), charged at 40% above the IHT threshold. What’s more, those that donate 10% or more of their estate to charity benefit from a discounted IHT rate of 36%. This can make a considerable reduction in the amount of tax paid per estate, enabling people to give generously, while also supporting their family and friends.
WHAT IS THE IMPACT OF THE IHT INCENTIVES ON LEGACY GIVING? Legacy giving has grown substantially – with consumer polling indicating growth of over 40% in the past decade, and while it’s impossible to state with certainty how much of that is driven by the IHT incentives, the tax framework can
be powerful influence on people’s capacity and propensity to give. Crucially, the IHT incentive creates the opportunity and impetus for solicitors, professional Will-writers and other legal advisers to raise legacy giving with clients. Research from the Behavioural Insights Team indicates that even the simplest of charitable reference by solicitors during the Will-writing process doubles the chances that clients will leave a gift. Having tracked charitable estate trends reported by solicitors and Will-writers since 2014, we can see a 50% increase (from 16%-24%) in the proportion of professionally written Wills that include a charitable donation.
KEY FACTS AND FIGURES
IHT is a minority tax impacting fewer than 4% of deaths (27,000 in 2020/21), and yet, • Estates paying IHT account for around one quarter of all charitable estates (9,680) and half of legacy income donated (£1.8 billion in 2020/21)* • Over one third (36%) of IHT estates include a charitable gift, with one in four of those charitable estates (2,590 in 2020/21) including donations of 10% or more, qualifying for the reduced IHT rate* • Legacy giving is around six times more prevalent for IHT estates – 36%* vs 6%** Gifts in Wills now raise almost £3.9 billion*** for good causes annually, funding vital charitable services for charities and community-based organisations across the country. Legacy giving is an integral and thriving part of the UK’s philanthropic landscape. Remember A Charity is working with the Chartered Institute of Fundraising and fellow sector bodies to build up a body of evidence on the importance of the IHT incentive and to formulate a collaborative response to Government.
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LEGACY GIVING HAS BECOME A LIFELINE FOR THOUSANDS OF CHARITIES AND COMMUNITY-BASED ORGANISATIONS, BUILDING RESILIENCE AND LONG-TERM INCOME THAT HAS PROVED CRUCIAL IN THE CURRENT ECONOMIC CLIMATE lucinda frostick
For more information see www.rememberacharity.org.uk/IHT
SOURCES: *HMRC IHT statistics and commentary, 2020/2021 **Smee and Ford, Legacy Trends Report, 2023 ***Legacy Foresight, 2023
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The use of DNA testing in legal practice Dr Neil Sullivan
“Part of our DNA” has become a catchphrase throughout languages worldwide and it refers to a characteristic that is innately part of something. Obviously, this is often misused but the phrase does convey a key principle, that all living things contain a molecule which codes for the essence of life, in whatever species, plant, animal or microbe.
T
his molecule, deoxyribonucleic acid (DNA) and the technology that has developed around it, is now used in a host of applications - one of these, the determination of biological relationships, is the subject of today’s article. Our objective today is to provide a primer for the use of DNA in legal situations, particularly family law. It is the case that technology, ethics, law and society sometimes struggle to keep up with each other. This is particularly so with DNA technology, where we grapple with issues such as consent, parental responsibility, multiple parent babies, paternity fraud, sperm donation, postmortem testing, surrogacy, immigration to the UK and pre-natal parentage testing. The majority of DNA testing is to determine the biological father of a child or 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. There are also tests for other biological relationships such as for siblings, twins, grandparents and aunts/uncles. These tests are used for resolving family disputes, immigration status and of course many instances of sensitive child circumstances involving local authorities.
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DNA is a chemical string of code which is unique to an individual. It is contained in nearly all the cells of your body (mature red blood cells are the exception) and is inherited half from the mother and half from the father. We examine this code in several ways to look at individuals and population characteristics, diseases (prediction and diagnosis), ancestry, to identify individuals in forensic cases and in our case, to decipher human relationships. 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. We can use nearly any tissue but for controlled sample collection for legal testing, we always recommend the buccal swab route. 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, which is given with 100% certainty. These results are termed either an inclusion (he is the biological father) or an exclusion (he is not the biological father). There are two types of test in general use, with the common parlance of a
“legal” or “accredited” test, or a “peace of mind/personal information” DNA 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. 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 tested. 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
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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 father…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 father. 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 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 please get in touch or go to our website for more information. Details as follows:
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: dadcheckgold.com Tel: 0191 543 6334 e-mail: sales@dadcheckgold.com
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The importance of Family Tree Verification: Safeguarding distribution of estates By Danny Curran
In France and Germany, probate research and the verification of intestate estates using professional firms is considered vital, on a par with the legal profession. Yet in the UK, we struggle to place probate genealogy firms fairly and squarely within the estate administration process. The industry is unregulated, which is not necessarily a problem and should not deter solicitors. My firm adheres to voluntary codes and regulatory regimes that can provide reassurance. The public must feel confident that the probate research firm is not operating a scam. Think of those bogus emails where the sender asks for bank account details in return for millions of pounds for instance. Reputation is a good starting point, but make sure you are dealing with a professional company. Firms can appear to list ‘offices’ around the world by placing keywords on their website and can use an impressive serviced ‘office’ address in a large city like London. OVER-RELIANCE ON FAMILY TESTIMONY Another issue I see in the UK probate research industry is the reliance by the solicitor, administrator or executor on family testimony, without independent verification. Some solicitors accept the word of family members on who is or isn’t related to the deceased and by what degree of kinship. This can lead to incorrect estate distribution. I once worked on an intestate estate of around £400k, where the solicitor wanted verification that their client was the sole heir to the estate. The client was an elderly lady who claimed to be her late brother’s sole surviving next of kin. However, we discovered she’d disowned her nephew many years earlier and didn’t recognise him as part of her family. His ‘crime’ was to grow a beard to his waist and wander around his housing estate shouting and swearing. Once we had identified and located him, we established he had suffered from a mental illness for many years. In this case, half the estate rightly passed to him. CHILDREN FORGOTTEN I have lost count of the children, siblings and half-siblings who have been overlooked or forgotten by solicitor clients referring cases to us. It’s not deliberate. Families lose touch, large families forget how many relatives they have, children are
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born out of wedlock and to single parents and, since 1927, adoptive families can legally inherit. It is an excellent idea for the solicitor to interview their client before engaging a probate research firm, to make sure all relatives are accounted for. There are four basic fee models available from most professional probate research firms. Freedom of choice is imperative to cover a variety of situations. The four main options are: 1. contingency fees, where a beneficiary signs a percentage-based agreement with the probate research firm 2. an estate / trust contingency fee, where the executor agrees on a percentage-based fee from a named beneficiary’s entitlement 3. a budget fee paid by the estate 4. a fixed fee paid by the estate. THE BASIC MODEL Firms may name these fees differently, but most firms offer this basic model. Contingency fees are the most popular option. They are seen as fairer in many circumstances--payable only on a successful distribution of an estate. An agreed budget or a fixed fee at the expense of the estate may be more appropriate, depending on the circumstances. Probate research firms can usually offer budget fees payable by the general estate or contingency fees where the fee is agreed directly with a beneficiary or the executor and expressed as a percentage of the sum they receive. There are different situations where one fee option may be more appropriate. For example, if there is no grant or no known next of kin to extract a grant, a fee payable by the general estate cannot be used, as there is nobody with legal authority to agree to such a fee. FIXED FEES ‘UNFAIR’ Budget or fixed fees paid by the general estate diminish the whole estate value, which any next of kin who knew the deceased often sees as unfair. If the probate research firm works to a contingency fee and fails to find any
further entitled heirs, it usually receives nothing for its work. Still, the report can secure the vital indemnity insurance policy needed to safeguard the administrator. There are dangers of being ‘hooked’ into using a firm based on a very low initial quote. Cheap does not necessarily mean better. It is often true that you get what you pay for, and this is not an area where it pays to cut corners. IMPORTANCE OF INSURANCE An insurance policy against missing or unknown beneficiary claims is crucial. Sometimes, administrators seem confident they have identified all next of kin and consider taking out insurance cover against any further claims a waste of money. However, there are an increasing number of claims where no traditional documentation, such as birth certificates exists, and DNA evidence is also being used more than ever before. If there is no formal birth or adoption certificate, a research firm will likely be unable to find ‘undocumented’ claimants. Insurers are unlikely to accept a genealogist’s report as evidence unless you use a recognised firm of probate researchers. Using a recognised firm will often mean an insurance policy is instantly approved, saving you many hours of time. My preference would be to make insurance a statutory requirement on all £15k-plus estates or where a small estate indemnity is not being used. Things may go wrong, and the important thing is to be covered.
For more information on Finders International’s family tree verification service, please visit the website www.findersinternational.co.uk. Alternatively, you can contact Finders via email: quotes@findersinternational.co.uk or telephone: +44 (0) 20 7490 4935.