THE MAGAZINE OF THE
OCT / NOV 2023
ANNUAL GENERAL MEETING
Introducing BLS’s Youngest Ever President P6
REGULATION REPORT:
Will The SRA Become A “Super Regulator? P24
Charting A Sustainable Future: Landmark’s CPD Accredited Sustainability Training Services P22
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are about to go to market to attract a CEO whilst at the same time we are looking to appoint a Chair for the newly formed Board. The separation of the new Board and Council has required significant work over the last 12 months and my thanks go to all of those involved in the process including all those who have served during my Presidential year.
As with former Presidents I set out a number of initiatives at the beginning of my year (28/9/22). The retention of women in law and social mobility were at the very top of my list along with promoting and supporting EDI in all its forms. I also pledged to do what I could to highlight the opportunities for Solicitors to seek both part time and full time judicial appointments where there is a significant gap by comparison to the Bar.
My year commenced with my participation in a webinar examining a research paper by Professor Bob Lee of UoB entitled “Why women leave the profession”. As I said in my inaugural address and many times since, the retention of women in law is the most important challenge facing the profession. In addition to raising the matter at many forums, I have participated in numerous events speaking on the topic and its importance. It is my intention to continue to deliver that message going forward whenever I am able to
Being President has given me the ideal platform to push such initiatives to a wider audience including our friends and colleagues at the Joint V. I can honestly tell you that such things lie at the heart of the success of No5 Chambers where we have lived and breathed the ethos of fairness and equality for decades.
As my Presidential year draws to a close I am still pinching myself that Council voted me in as its first nonlawyer President in its 200 years plus history.
The office comes with huge responsibility as it has done since our first President, Thomas Lee, took office in 1818.
I am immensely proud and “relieved” to have survived the course and I believe I have fulfilled my promise to
bring energy and enthusiasm to the role.
Our former President, Stephanie Perraton, had been at the helm when we commenced the process of reviewing our governance and the articles. She continued to work with me with the introduction of an Implementation Committee. That work has continued throughout my Presidency during which we appointed Andrew Beedham as our interim CEO. At the point of writing we
Coming from an Irish immigrant background, growing up on a council estate and attending an inner city school, social mobility was always going to be an initiative I wanted to push. Fate pushed me in the direction of Peter Ward and Debbie Barlow of Leadership Through Sport and Business. We met at a BLS social mobility workshop at SPB last year. It took until January 2023 for Peter and I to get round a table but since then I have been able to give Peter the opportunity to speak to our members about his efforts to get young people from low socio economic backgrounds into the profession. At the point of writing, I have taken on
four members of staff via this route and I would recommend all of you to consider LTSB when considering your recruitment options. There are some hungry and talented people in our inner city and its surrounding areas who are just looking for an opportunity that is unlikely to come their way via the “normal” routes.
We have held three judicial appointments events in the last 12 months with the support of the judiciary. The last one targeted Solicitors only and I am grateful to HHJ Jane Ingram, former President Steven Jonas of JRB and Laura Daly, Partner at Irwin Mitchell, for their time and advice in how to navigate the pathway to part time and full time appointments.
Promoting Equality and Diversity in a meaningful and tangible way was a pledge I made back in September of last year. In our former President, Inez Brown, we had the first Black President of BLS. She won’t be the last and in the year of my Presidency we also witnessed Lubna Shuja become the first Muslim woman to become President of TLS. It was fitting therefore that we accepted the invitation from Aston University’s Shaid Parveen to participate in a “conversation with” event where we openly talked about our own journey to office and the challenges we faced. It is only by talking and being open and inclusive that we learn from each other and make our profession a better place for everyone and for me it was one of the highlights of my year.
We marked the start of South Asian Heritage Month with a networking event coupled with Asian cuisine and dancers. We had a sell out event at The Birmingham Rep “No Ordinary Lawyer” telling the story of Britain’s first Black Judge. We also forged closer links with Birmingham Black Lawyers hosting them for an event at No5 in Black history month and recently attending their incredible BBL annual dinner.
We had the first BLS St Patrick’s Day Breakfast event celebrating Irish heritage where I discovered the best way to get the staff in the office at 8am came in the shape of a barrel of Guinness!
We have hosted the Attorney General, the Solicitor General, the DPP for the Caymans, the Vietnamese Ambassador, the Mexican Ambassador, and the
Joint V. In July we hosted both American and Canadian dignitaries in celebration of American Independence and Canada Day where we agreed plans on collaborations going forward.
As in every President’s year a highlight was our amazing BLS Awards Dinner and it was my honour to hand the Lifetime Achievement Award to former President Eileen Schofield.
I have had several lunches with existing and prospective sponsors. Dinners galore, including Law Society Dinners in Liverpool, Leeds, Bristol, Warwickshire and Cornwall. A trip to Dublin to link up with the Bar of The Republic of Ireland is also planned for this month. We have expanded our BLS membership to over 9,000 and through the herculean efforts of our amazing Jess Uppal put on a record number of events.
Jess has been a constant throughout my Presidency in our weekly catch ups and the increased number of events we put on are testimony to her hard work. Happily under the guidance of our Director of Operations Becky Lynch, we now have a team of 4 in the office which is the strongest we have been since Covid. I expect them to go from strength to strength and Becky and the team are to be commended with the way they have recovered from staff losses and setbacks in recent years.
We have over the last year held meetings with our Committee Chairs and introduced a new Committee for Immigration work. We have relaunched the Personal Injury and Clinical Negligence Committee which was one of a small number of Committees that drifted in the Covid interruption.
It will be comforting for you to know that in Alice Kinder we have a talented and committed in-coming President. She is an accomplished public speaker with a wide knowledge base. Her engagement with the younger members of the profession in particular will serve us well. We have been on the same page with regard to social mobility which is one of the initiatives that Alice will continue to run with in her presidential year. Please support her and her fellow Officers, Richard Port and Matt O’Brien.
There are so many people who work tirelessly on behalf of BLS and it has been a great comfort to have had Andrew Beedham as interim CEO and Ben Henry as interim Chair and FD working alongside me in what has been a year in transition for BLS. I have also had the good fortune of having Stephanie Perraton as a friend and confidante further building on the relationship we forged in lockdown.
My final thanks go to my long suffering EA, Sandra Astbury. Also Linden Thomas who convinced me that not being a lawyer should be no bar to me not standing for office. She and others will tell you I had told them I was happy to be on the team bus but not driving it! I will forever be in her debt that she twisted both my arms.
I am so proud to have represented our members and your collective views and ideals. My Mum sadly didn’t live to see all of the above but when she spotted a job advert for an office junior in a Barristers Chambers she told me this was my opportunity and I needed to seize it. That it would result in me one day being President of Birmingham Law Society is beyond a dream and I think the pinching will go on for some time!
Thank you for all of your support
Tony McDaid, President of Birmingham Law SocietyThe total amount raised for charity event’s during this year’s presidency is a staggering £24,369.39 with more to come following the recent silent auction at No5’s Strictly 9-5 event.
Thank you to all those who donated and supported.
Birmingham Law Society thanks our Gold Sponsors
Alice Kinder, 31, a Senior Associate at the firm Bexley Beaumont, has been sworn in as the new President of Birmingham Law Society; the youngest in the society’s 205 year history.
She commented “I am delighted to be taking office and would like us to remember this moment as not just one in which there has been a change in leadership, but one in which there has been a change in the narrative of our profession. As a moment which shows that the legal world is no longer bound by established norms, but is evolving to be more inclusive, more representative and more reflective of the diverse society that it serves.”
Alice’s presidential term of September 2023 to September 2024 will be focused on two themes: community and opportunity. “Community” reflects her desire to foster connections, become more integrated within the wider city, and contribute to a stronger and more compassionate society. “Opportunity” represents her unwavering dedication to ensuring that everyone has the same chance to achieve their aspirations, both within the legal profession and within Birmingham Law Society.
Alice is passionate about social mobility. She will be working with her partner charity, the Social Mobility Foundation, to launch the first ever Birmingham Law Society Social Mobility Pledge, to call every individual and organisation within the Birmingham legal community to make a firm commitment to fostering equal opportunities. She will also be launching an online internship to support law students from all backgrounds to gain meaningful experience.
Alice commented: “Whilst someone’s background should never determine what they go on to achieve, it can and it does. Talent is everywhere, but opportunity is not – and I want to do what I can to address that.”
President: Alice Kinder; Bexley Beaumont
Vice President: Richard Port MBE; George Green Solicitors
Deputy Vice President: Matt O’Brien; Jonas Roy Bloom.
Hon. Secretaries: James Farmer; Cornwall Street Barristers & Samantha Ross, Bevan Brittan
Catherine Edwards; Keele University
Sabina Kauser; Acuity Law
Pardeep Lagha; Gateley Legal (Birmingham)
Lubna Shuja – Legal Swan Solicitors
Guy Barnett; Axiom DWFM Limited
Amrik Singh; Greens Solicitors Limited
Zoe Tranter; Tranter Mills Solicitors
Mariyam Harunah; Squire Patton Boggs
Eileen Schofield; Schofield & Associates
James Turner; Tuckers Solictors
The Society has made the following awards:Award for 50 years of practice:
Ian Donald George Cox - 2nd July 1973
Raymond McVeighty - 1st June 1973
Stephen Howard Woolfe - 2nd April 1973
Gold Prize Winner +
Emma Leanne Rhodes who holds a training contract with Harrison Clark Rickerbys Limited.
Emma achieved a distinction with The University of Law and has also won the St Philips Chambers Business and Property Juniors Award comprising a Lenovo Yoga Smart Tablet*. Emma gained a mark of 96% in her Business Law and Practice module.
In addition, Emma won the David Hershman QC Memorial Award. Emma gained a mark of 83% in her Family Law module.
Silver Prize Winner
Tayler-Mae Venita Porter who holds a training contract with Trowers & Hamlins LLP. Tayler achieved a distinction with The University of Law.
Bronze Prize Winner
Bogdan Oprea who holds a training contract with Pinsent Masons LLP. Bogdan achieved a distinction with The University of Law.
because I felt it was important to give back to the legal community that had provided a home to me. Over time, I have found my voice and built a support network that has empowered me to use it. But the perspective that I gained from starting as an outsider has stayed with me. It has led me to question things that many people have taken for granted, to be willing to challenge the status quo, and to aspire not just to become the President of the Birmingham Law Society, but to become the youngest President of the Birmingham Law Society.
Getting to this position has by no means been easy. In a profession known for its established practices, it is never going to be easy to carve out a path that has not been taken before. But for others to follow, someone has to go first. And I hope that by going first, those that come after me will never need to doubt that their goals are possible.
The legal profession is one of the most historic institutions in human civilisation. Its roots trace back through centuries of tradition, and it has long represented the centre of justice. But in its remarkable journey through time, the legal profession has continually evolved to meet the everchanging needs of society. And with this evolution comes a fundamental message – that to remain true to its core principles and ideals, the legal profession must adapt with the times. We must embrace new developments, promote diversity and inclusion, and expand our horizons. In other words, if we want to stay the same, we have to accept change.
I am delighted to be writing to you as the new President of the Birmingham Law Society.
If you had told me when I began my legal journey 12 years ago that at the age of 31, I would be here today, I would probably have laughed at you.
As somebody who started out with no understanding of higher education, no legal work experience, no professional connections, and no idea what a training contract even was, it was definitely not a given that I would even make it into the legal profession, let alone go on to take on this role.
My earliest interactions in the legal world were very much as an outsider. I
turned up to my first networking event in a Magic Circle law firm in jeans – because somebody somewhere assumed everyone would know that “smart casual” actually meant smart rather than casual. It was several months into my training before I realised that the purpose of the weekly team meeting was for people to communicate how busy they were and not just to talk about the exciting cases on their desk.
When I reached qualification, I knew that I wanted to make a difference. I decided to become an employment lawyer because I wanted to help make workplaces the best they can be. I made a commitment to being involved in Birmingham Law Society,
In the 12 years since I began law school, the legal profession has come a long way. There has been a steady acknowledgement that we need to do more to increase the diversity of our profession, both at entry level and as we progress. We have seen the introduction of the Solicitors Qualifying Examination with that goal in mind. We have branched out from the traditional corporate ladder and seen the growth of legal apprenticeships and challenger law firms. Flexible and hybrid working have become default options and legal technology is forever refining our practice.
In the last 12 years, Birmingham Law Society has also evolved. We have had five out of our eight female Presidents, our first black female President and our first non-lawyer
President. We now have 9,000 members from varying practice areas and levels. We have reviewed our governance and membership structure to ensure that we can continue to represent the community that we serve. We too have shown that we need to keep moving forward.
During my presidency, I promise to ensure that Birmingham Law Society serves the interests of its members in the here and now. That we advocate and provide pathways for them, and that we are open to new perspectives where needed. Continuity is important, but so are fresh plans.
With that in mind, I have spent several months considering what I would like my legacy to be. I have found that I can sum up my fundamental beliefs and values in two words – community and opportunity. “Community” reflects my desire to foster connections, become more integrated within our wider city, and contribute to a stronger and more compassionate society. “Opportunity” represents my unwavering dedication to ensuring that everyone has the same chance to achieve their aspirations, both within the legal profession and within Birmingham Law Society. Community and opportunity will therefore form the themes for my Presidential Year. Through them, I hope to leave a legacy that reflects the power of unity and the boundless potential that lies within each one of us.
When I began to plan my year as President, I had no doubt that my chosen charity would be the Social Mobility Foundation. As many of you will know, social mobility has long been a topic very close to my heart.
The work of the Social Mobility Foundation aims to ensure that talent from all backgrounds is nurtured and rewarded. They run careers programmes to support students from lower socio-economic backgrounds from Year 12 through to starting their first job. They also support employers to become more inclusive in their practices. The more funding they receive, the more people they can help.
So in partnership with my charity, on 17 October, I will be launching the first ever Birmingham Law Society Social Mobility Pledge. I will be joined by Sarah Atkinson, CEO of the Social Mobility Foundation, and a fantastic
panel of guest speakers, to call every individual and organisation within the Birmingham legal community to make a firm commitment to fostering equal opportunities.
In November, I will be launching the first Birmingham Law Society Vacation Scheme in our member universities. Through a programme of online sessions culminating in an in-person event next year, I hope to enable law students from all backgrounds to develop the skills that will help them to achieve their goals, and to gain meaningful experience to draw upon in their applications.
In January, I will be turning my attention to those who are already in the profession. Those who may be at a crossroads about what they want from their career and what route to take. I will be holding an event to provide practical education about what it takes and what it means to be a partner in a law firm, and the paths that are available for those that want something different.
My aspirations for opportunity do not stop there. Not only do I want to foster greater opportunities to access and progress in the legal profession, but I also want to increase opportunities to get involved in Birmingham Law Society.
In the years since I first became a Council member, Birmingham Law Society has been an integral part of my development. It has given me skills that I would not otherwise have gained until much later on in my career. It has opened doors for me that would have otherwise been closed. But in my view, we need to do more to make these opportunities more accessible so that we can plan for our succession.
Next year, I will be working with some of our newer Council members in an initiative to enable junior lawyers to learn more about how we operate, to develop their leadership skills, and to actively contribute to our future strategy. I will also be launching three brand new categories at the next Legal Awards to ensure we continue to champion the full range of talent that exists within our community.
On the topic of community, my objective is to do more to bring us together and to cement our place in the city. Networking with other lawyers in the city centre is important. It has defined me and where I am
today. But it is not the only type of networking that will benefit us. Through closer relationships with the Greater Birmingham Chamber of Commerce and the Asian Chamber of Commerce, I will be supporting our members to strengthen their connections within a wider business context. I will be bringing our networking events to the suburbs of Birmingham so that those who may find it difficult to travel to the city centre can still get involved. I will be organising Legal Leaders Roundtables to ensure that we continue to hear from a range of senior voices.
Next summer, I will be hosting the first Birmingham Law Society Sports Day, to enable our members to come together in a different setting and to promote the importance of wellbeing. Whilst our Sports Day will be just for fun, I have set myself a bit more of a challenge. In April, I will be running my first ever marathon in Manchester to raise money for the Social Mobility Foundation. For anyone that wants to take part in a fundraiser, Birmingham Law Society will be taking on the Great Birmingham Run in May.
In getting here, there are many people that I owe a lot to. The University of Birmingham Law School, where my journey began. The fantastic colleagues that I work with at Bexley Beaumont and in the wider Birmingham Law Society team. The staff and students who have crossed my path as a Visiting Lecturer. My friends, family and mentors, who have continually supported me. And most importantly, my partner Trystan, whose love and encouragement empowers me every day.
I want you to remember this moment as not just one in which there has been a change in leadership, but one in which there has been a change in the narrative of our profession. As a moment which shows that the legal world is no longer bound by established norms, but is evolving to be more inclusive, more representative and more reflective of the diverse society that it serves.
I look forward to working with you
Alice Kinder President.
Developments in the Financial Remedies Court and Transparency in Family Law with Keynote Speech from Mr Justice Peel in association with the West Midlands Resolution and sponsored by 3PB Barristers and Dains Accountants
5th October, 4pm – 6.30pm, 3PB Barristers, FREE for BLS and West Midlands Resolution members | £10 +VAT for nonmembers
Getting it Right for the Judge: Preparing for Civil Trials and Applications
11th October, 5pm – 7pm, Birmingham Civil & Family Justice Centre, FREE for all to attend
Celebrating the Launch of the Social Mobility Pledge in association with the Social Mobility Foundation and sponsored by Browne Jacobson and Higgs LLP
17th October, 8.30am – 10.30am, Everyman, FREE for all to attend
Neurodiversity Panel Discussion: Realism with Optimism in partnership with BTSS and sponsored by The University of Law’
19th October, 5.30pm – 7.30pm, 3PB Barristers , FREE for all to attend
BLS and BTSS Legal Eagles Quiz sponsored by BCL Legal
25th October, 6pm – 9pm, Revolución de Cuba, £100 +VAT for member team of 5 | £125 +VAT for non-member team of 5
Electronic Client Onboarding & Compliance with LEAP & InfoTrack,
8th November, 11.15am – 12pm, Zoom, FREE for all to attend
BLS National Pro Bono Week Roundtable hosted by Gowling WLG
9th November, 12pm – 2.30pm, Gowling WLG, FREE for all to attend
Professional Indemnity Insurance (PII) Roundtable Discussion in partnership with JMG Professional Risks
15th November, 5pm – 7pm, No5 Barristers’ Chambers, FREE for members only
Membership Breakfast sponsored by Gleeson Recruitment Group
16th November, 8.30am - 10am, Gleeson Recruitment, FREE for all to attend
Newly Qualified Celebration 2023 in association with The Law Society
30th November, 6pm – 8pm, St Philips Chambers, FREE for all to attend
Christmas Social in partnership with Standing Tall
12th December, 6pm – 8pm, Purecraft Bar & Kitchen, FREE for members | £15 +VAT for non-members
To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk
a lot of charities that do crucial work, including St Basils who support young people who are homeless or are at risk of homelessness.
“The teams were able to use their volunteering days for causes that matter to them - both in our work with St Basils as one of our partner charities and in supporting Midland Heart.
“In terms of our wider teams and their fundraising efforts, the Macclesfield AC office regularly engages with the local community through art evenings to showcase local art groups, with a recent event to raise money donating 25% of all sales for artwork to the East Cheshire Eye Society.
Legal experts at Anthony Collins (AC) have dedicated a number of their social purpose volunteering days to transforming a care home garden for residents in Coventry.
Birmingham head-quartered Anthony Collins has worked with Midland Heart for 17 years and the employment and pensions team used their volunteering days to help refurbish the garden space at the Midland Heart Extra Care Scheme in Coventry, and made it usable for residents to enjoy over the summer.
Committed to improving lives, community and societies, AC embarked on the annual ‘Hike for Homelessness’ for St Basils in the Peak District and also participated in the Welsh 3000s Challenge. The firm has raised a total of £1,968 for the charity
so far in 2023, with funds being used to help to support young people who are homeless or are at risk of homelessness.
Emma Rowley, area manager at Midland Heart said: “We have worked with Anthony Collins for over 17 years and this initiative to refurbish the communal gardens at Princethorpe Court was met with enthusiasm from our residents.
“By dedicating one of the firm’s volunteering days to transforming the garden, the team helped to provide the perfect outdoor space for residents this summer and for future events we have planned.”
Matthew Wort, senior partner at Anthony Collins, added: “As a firm, giving back to the communities we serve is important to us. We work with
“AC’s commitment to social responsibility and social purpose drives our teams in a shared goal of having a positive impact. It’s great to see our teams across the country engaging with local communities to help and volunteer where they can.”
For more information on Anthony Collins and its work in the charity sector, visit https://www. anthonycollins.com/who-we-help/ charities/ can continue and we can be there when people need us.”
If you’d like to find out more, you can contact Jayne Sargeant at KEMP Hospice on jayne.sargeant@ kemphospice.org.uk or visit www. kemphospice.org.uk/gifts-in-wills
Today, the Aspiring Professionals Programme – which welcomes thousands of young people each year – is one of three ways that they create more social mobility. They also influence employers to create more diverse workplaces through their Social Mobility Employer Index, and campaign on social mobility issues through their Department for Opportunities.
They believe success should be determined by ability, not where you were born, went to school or the occupation of your parents or guardians. That talent is everywhere in this country, but opportunity is not.
The team of social mobility experts is spread across the UK. Together with their partners in business and civil society, are creating a society where talent from all social backgrounds is nurtured, harnessed and rewarded.
Solicitors taking part in the campaign waive their fees for will-writing services throughout November, instead inviting clients to make a voluntary donation to Will Aid.
The suggested voluntary donation for a basic single will is £100, or £180 for a pair of mirror wills.
Donations support nine of the UK’s best-loved charitiesActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland), and Trocaire (N. Ireland).
In total, Will Aid has raised more than £24 million in donations, and many millions more in pledged legacies, for the nine partner charities since it launched in 1988. Celebrity supporters include national treasure Dame Judi Dench and Robert Peston.
A solicitors firm in Lichfield has pledged its support to nine charities by signing up to an annual will-writing campaign. Adcocks Solicitors is joining the Will Aid scheme for the first time, helping raise vital donations this November by writing wills and waiving their usual fee in return for a donation to charity.
Solicitor Kerry Davies, Head of Adcocks’ Private Client and Family Department, who’ll be supporting the scheme alongside Private Client Solicitor Maddie Williams, said: “Will Aid is an exceptional campaign, that offers people the chance to get a professionally written will while supporting important causes that change lives for the better both here in the UK and around the world.
“As solicitors, we’re delighted to volunteer our time and expertise to support such a fantastic campaign and are hoping to raise a lot of money that will go towards supporting vulnerable people both here in the UK, many of whom have been further impacted by the cost of living crisis.”
This year the charity conducted a poll that revealed that 59% of UK adults still do not have a will in place.
Peter de Vena Franks, Will Aid campaign director, said: “We are very grateful that Adcocks Solicitors has signed up to this year’s campaign, it is only thanks to the commitment of firms like Adcocks Solicitors volunteering their time that the campaign can continue to raise much needed donations for our partner charities
“More than half of UK adults still do not have a will, so this November is a great time to tick that task off your list while supporting the incredible work of our partner charities.” There is still time for solicitors to volunteer their time to take part in this year’s campaign.
For more information on how to make a will through Will Aid or to sign up to the scheme, visit www.willaid.org.uk
Birmingham Law Society is delighted to be able to congratulate Eileen Schofield of Schofield & Associates on her appointment to the Board of Directors of the Law Society of England and Wales
The BLS 2023 Lifetime Achievement award winner and former Board Director of Birmingham Law Society was welcomed onto the Board by The Law Society President Lubna Shuja who commented “The Board has a key role in ensuring we represent, support and promote the solicitor’s profession at home and internationally whilst also keeping a focus on public interest….. I look forward to working with new members Eileen, Larissa, Krishna and Kevin, who bring with them a wealth of knowledge and expertise which will be invaluable to the Law Society.”
Tony McDaid President of Birmingham Law Society commented: “Eileen has been a great asset to BLS throughout her time on Council, as President, Chair of the Board and most recently as Board Director. It is important that the regions are represented and Eileen will bring a wealth of experience, enthusiasm and commitment to the role.
If you have any matters you wish to raise please contact Eileen by emailing on Eileen.schofield@ schofieldandassociates.co.uk
In line with my themes of community and opportunity, this year’s awards have been revised to ensure that every facet of our vibrant legal profession is recognised and celebrated.
With that in mind, we will be introducing three new awards for 2024: Outstanding Student Contribution of the Year, Junior Barrister of the Year (10 years’ call and under), and Legal PA of the Year.
and embrace this opportunity to be part of a celebration that highlights not just the incredible talent in our local legal community, but also the collaborative spirit that defines us.”
Birmingham Law Society has launched it’s 2024 Legal Awards, its annual search for the top talent within the regions legal community.
Alice Kinder, President of the Birmingham Law Society said about the launch “As the President of the Birmingham Law Society, I am delighted that one of my first acts is to launch the Birmingham Law Society Legal Awards 2024.
Whether you are an experienced practitioner, an innovator, a rising star, or someone who is providing exceptional support to the delivery of legal services, these awards are designed to be inclusive and give every deserving individual and organisation the chance to step into the spotlight.
As nominations open, I would like to encourage as many people as possible to participate. Put forward those who inspire you, share your own successes,
The legal awards cover 14 award categories and all nominations are judged by an experienced panel of independent judges, brought together from the world of law, business and academia. Interviews will take place in mid-February with the awards taking place on Thursday 14th March.
We want to encourage our members and guests to join us at the ICC for this black-tie event. We encourage engagement across social media using #2024LegalAwards to share photos and well wishes for nominees, shortlisted and winners.
school, and I worked in a further education charity when I was at university and law school. When I stumbled into education law as a trainee, everything fell into place for me.”
Mark is a member of Birmingham Law Society’s Pro Bono Committee, having previously chaired it for a number of years. He is also a regular speaker at education sector conferences and client training events on commercial, corporate and governance issues.
Bukola brings with her a wealth of knowledge advising on all aspects of contentious residential landlord and tenant disputes for freeholders, developers, leaseholders and registered providers of social housing. Her particular interests include leasehold enfranchisement, lease extensions, right to manage, service charges disputes, and lease interpretation.
Mark advises further and higher education institutions on commercial issues, mergers, corporate transactions and constitutional reviews. Having drafted part of Universities UK’s guide to international collaborations, Mark has particular expertise advising UK-based institutions on overseas partnerships. With more than 16 years’ post-qualified experience, Mark – who will be based at Shakespeare Martineau’s Birmingham hub but working with clients nationally – has joined the firm after more than six years as a partner at Eversheds Sutherland.
Mark said: “I have worked opposite the Shakespeare Martineau team for years and it would be impossible not to be impressed by them. I am also passionate about and heavily involved in pro bono work, so the firm’s status as a B Corporation is a real attraction.
“I have always been just as interested in education as I am in law. I led school volunteer projects when I was in secondary
Having worked with the social housing sector for more than 20 years, Bukola has particular expertise in providing registered providers with support regarding injunctions, possessions, serious nuisance and anti-social behaviour, subletting, succession, and defending allegations of landlord repairs and obligations.
Bukola, who will be based in Birmingham but working with clients nationally, said: “I’ve followed Shakespeare Martineau’s growth journey since qualification. The firm has evolved and adapted accordingly, challenging outdated norms, which makes it stand out in a sea of stagnation.
“There has always been a magnetic pull towards Shakespeare Martineau as I believe it truly understands the intricate web of social housing from all aspects. It is a key player in advising the sector about catalysing dynamic change, offering thoughtprovoking solutions and unwaveringly supporting the sector, while challenging its place for residents and key stakeholders.”
Shakespeare Martineau is proactively seeking talented people to join the firm on its growth journey, including mergers, team recruitment and lateral hires nationally.
To have an affiliation with a professional paralegal membership body (such as NALP) can be very reassuring for a client. Such bodies will have a code of conduct that a member must adhere to or suffer certain possible consequences. The knowledge that a paralegal has been rigorously checked before membership is granted, boosts your standing. It is also recommended that in order to offer legal services to a potential client, a paralegal should not only be a member of such an organisation but should also attain a ‘Licence to Practise’. This involves the member providing evidence of qualifications and/or experience in their specialised area of expertise. Professional indemnity insur-ance (PII) needs to be attained before such a licence is granted.
It is common knowledge that The Law changes rapidly (in some areas more than others), and so it is a requirement of senior members and those with a Licence to Practise, to provide evidence of 12 hours CPD per year in order to renew their licence. This indicates to a potential client that there is a measure of commitment and passion about the work that you, as a paralegal practitioner, do.
One of the most important issues for paralegal practitioners to bear in mind when offering legal services to consumers is to ensure that they are not ‘Holding Out’ – giving an impression either by inference or omission or expressly that they are anything other than a paralegal writes Amanda Hamilton, Patron of the National Association of Licensed Paralegals (NALP),
Such an impression can be made verbally or written on a business card or on a website. It is vital that paralegals make it clear to any prospective client that they are a paralegal practitioner rather than a solicitor or barrister and as such (because of the ‘reserved activities’ as defined by The Legal Services Act 2007) there are limits to what paralegals can do for clients.
Holding Out to be a solicitor when you are not on the Roll of solicitors may constitute a criminal offence and the Solicitors Regulation Authority could prosecute.
From the first contact with a potential client to the last, the professionalism you project is vital. Keep all clients informed at every stage of the process and discuss possible fees with them before undertaking any work. Taking fees up front is not permitted. You should only invoice for work that has been done once completed and the fees have been discussed and agreed.
Managing a client’s expectations is also vital. This translates into regular communications which indicates a willingness on your part to be as open as possible. This may sometimes be difficult, es-pecially if the client is expecting a speedy or certain outcome which has not come to fruition. However, it is always best to confront these difficulties head-on and endeavour to manage the cli-ent’s expectations from the start.
There are many online CPD accredited courses but even reading up about new precedent cases can go towards the 12 hours CPD required.
Gaining enough experience before setting up on your own Getting experience in an area of law that you are interested in seems, on the face of it, to be diffi-cult. However, the first step is to ascertain what area suits you, then look for work in that area, not only in the legal sector, but other sectors too. For example, you may be interested in ‘Consumer Law’ – why not seek out a consumer charity such as ‘Which Legal Services’ and contact them di-rectly to seek work and experience. If you are interested in ‘Employment Law’ you could work in any large organisation that has a human resource department. Most large organisations will have an in-house legal department or members of staff that deal with their day-to-day legal matters from collecting debts to perusing commercial contracts.
Let’s say that you have found your niche. Don’t stop there, as there are plenty of opportunities to learn new skills which may assist you in performing your duties as a paralegal practitioner. For ex-ample: drafting legal documents, negotiating skills, advocacy skills to enable you to gain confidence in representing your client either in the Small Claims Court or a Tribunal. Such courses are generally not too costly and will add to your portfolio of competencies.
Working as a paralegal can be a rewarding career choice whether you choose to work in-house or run your own practise. However, it is vitally important that you are always transparent and com-municate clearly with your clients. Getting the Ofqual recognised qualifications, joining a respected membership body like NALP, and, if appropriate, applying for a Licence to Practise are all ways to show that you are knowledgeable and professional and will provide a great service to your clients.
www.nationalparalegals.co.uk
Entries are now open for the Birmingham Law Society Legal Awards 2024. Firms and individuals practising in Birmingham and surrounding areas are invited to submit nominations in one of the 14 award categories. Please see below for a full list of award categories. Nominations will be judged by an experienced panel of independent judges, comprising leading figures from law, business and academia. The winners will be announced at an awards ceremony on Thursday 14th March 2024 at The ICC.
STEP 1:
• Please put forward just ONE name of an individual or practice in each of the categories below. Only firms and individuals practising in Birmingham and surrounding areas are eligible to enter.
• Consider the reputation, experience, acumen, professionalism, commitment to clients and others with whom individuals or firms work, including involvement in the community, leadership and contribution.
• Please complete legibly and include your name/ organisation.
• Further copies of this form can be downloaded from www.birminghamlawsociety.co.uk . Photocopied nomination forms will be accepted. To enter online go to https://birminghamlawsociety.co.uk/ members/legal_awards_nominations.php.
• Nomination forms must be returned to Birmingham Law Society by 31st October 2023.
• The easiest way to enter is on the website using the online form: www.birminghamlawsociety.co.uk Alternatively entries can be submitted by email to
awards@birminghamlawsociety.co.uk or post to Rebecca Lynch, Birmingham Law Society Legal Awards, Suite 101 Cheltenham House, 14-16 Temple Street, Birmingham, B2 5BG.
• Full award criteria is available on the website, for all categories: https://birminghamlawsociety. co.uk/legal-awards/awards-criteria/
STEP 2:
• Once all entries have been received, nominees will be contacted and asked to supply further detailed information to support their nomination.
STEP 3:
• Shortlisted nominees will be required to attend an interview with the judging panel week commencing 19th February 2024
A date and time will be allocated in February 2024. (Due to a very tight schedule, please note the interview time allocated will be fixed and therefore no alterations to the allocated slot can be requested).
If you require further information please contact us at: awards@birminghamlawsociety.co.uk or Tel: 0121 227 8700.
• Outstanding Student Contribution of the Year
• Apprentice of the Year
• Trainee Solicitor of the Year
• Paralegal of the Year
• Legal PA of the Year
• Solicitor of the Year
• Junior Barrister of the Year
• Barrister of the Year
• Partner of the Year
• In-House Lawyer of the Year
• Equality, Diversity and Inclusion Award
• Pro Bono Award
• Regional Law Firm of the Year
• National Law Firm of the Year
Outstanding Student Contribution of the Year
Individual nominated: Company:
Nominee email address:
Apprentice of the Year
Individual nominated: Company:
Nominee email address:
Trainee Solicitor of the Year
Individual nominated: Company:
Nominee email address:
Paralegal of the Year
Individual nominated: Company:
Nominee email address:
Legal PA of the Year
Individual nominated: Company:
Nominee email address:
Solicitor of the Year
Individual nominated: Company:
Nominee email address:
Junior Barrister of the Year (10 years’ call and under)
Individual nominated: Chambers:
Nominee email address:
Barrister of the Year (over 10 years’ call)
Individual nominated: Chambers:
Nominee email address:
Partner of the Year
Individual nominated: Company:
Nominee email address:
In-House Lawyer of the Year Award
Individual/Firm/Organisation nominated: Company:
Nominee email address:
Equality, Diversity and Inclusion Award
Individual/Firm/Organisation nominated: Company:
Nominee email address:
Pro Bono Award
Individual/Firm/Organisation nominated: Company:
Nominee email address:
Regional Law Firm of the Year
Managing Partner: Law Firm nominated:
Nominee email address:
National Law Firm of the Year
Managing Partner: Law Firm nominated:
Nominee email address:
Person nominating to complete details here:
Your Name: Company/Organisation:
Email:
The summer has been a period of planning and consolidation but also a lot of action on the part of the subcommittees.
The Social Mobility committee and in particular Sharon Thandi, have been organising the Diversity and Inclusion award which has enabled three students gain valuable work experience and mentoring with Higgs LLP and Gateley Legal. Two of the successful students were also awarded full fee scholarships for a SQE prep course and the LPC from the College of Legal Practice and the University of Law respectively, to whom we are very grateful. This is an award that makes a substantial difference to students seeking to qualify as solicitors in Birmingham and we look forward to watching the careers of both winners, Polina Krivoshejeva and Josh Mahay as they go forward.
On 21st September, Rebecca Mander and I ran a second panel event on the
‘Retention of Women in Law- having a voice and getting involved’, as part of the President’s EDI initiatives and the gender subcommittee. This time we focused on a more junior level in the profession. Sharon Thandi, Alice Kinder, Marissa Jacquet and Victoria Zinzan all contributed to a thoughtprovoking discussion. The panel were able to answer some questions from the audience both live and in the chat, but the real value was in the honesty of the discussions about the challenges of more junior women in the legal profession. We discussed their commitment and passion for change and the difference they are making whilst still relatively junior lawyers in different practice areas. Many of us came away hugely inspired by the speakers. This will form part of a series of ongoing events and I would welcome feedback on future themes. A few comments indicated imposter phenomenon would be useful, and Rebecca is keen to assist in this session; drawing upon the wealth of her expertise on this topic.
Why were you so keen to be involved, Marc, and then put yourself forward for VC?
On 19th October at 5.30pm we are holding a panel event on Neurodiversity- Realism with Optimism at 3PB. This is a collaboration between the BTSS and the Health and Disability subcommittee of our EDI committee run by Ruth Duffy and Iyanu Onalaja. Featuring Chrissie Wolfe former solicitor and self proclaimed ‘legal geek’, also Rebecca Keeves of Cornwall Street and Jessica Brickley (Chair of Pinsent Masons Neurodiversity Network) this promises to be another inspirational and practically focused event. Book hereBook Event – Birmingham Law Society. One Profession. One Region. One Voice Tickets are going fast so do sign up quickly.
I am excited to be welcoming new members to both the main EDI committee and also our newly reformed Gender subcommittee. More news on that to follow.
Catherine Edwards Chair of the Equality Diversity and Inclusion CommitteeBulletin caught up with Shereen and Marc, Chair & Deputy Chair of the new LGBTQ+ Sub Committee to find out more about them and the committee.
What motivated you to set up the subcommittee, Shereen?
Until most recently, I’ve never felt comfortable enough to speak openly about my sexuality in any place of work. I want to change this, and I want to help others who self-identify as being part of the LGBTQ+ community to feel comfortable enough to be their true selves at work, and flourish!
Things are a lot better for the LGBTQ+ community than it was when I first joined the profession, but I appreciate that not everyone has access to the same support networks I now have at my current employer Shoosmiths, and this is where I think the LGBTQ+ subcommittee can play an important role and why I instigated this subcommittee.
At their core my reasons are similar to those given by Shereen. I’ve been working within the Birmingham legal sector for around 15 years and whilst I’ve never had to hide my sexuality, I would say that I “toned myself down” for a long time. Things have improved dramatically since I started my career and working for a diverse and inclusive company like No5 Chambers has been great for my confidence and has helped me to find my voice. I know that all work places vary but this is why visibility is so important, I want to help to create an environment where members of the community can feel comfortable to be their authentic selves at work.
How would you summarise the committee’s purpose and goals?
The LGBTQ+ subcommittee will be dedicated to improving the experience of members who self-identify as being part of the LGBTQ+ community both in Birmingham Law Society itself and in the legal profession more widely. It is an opportunity for the LGBTQ+ community and their allies to have their voices heard.
What are three things you hope to achieve in the first year and long term?
o Visibility
o Guidance
o Positive change
Who else is on the committee? Do you feel the committee is representative of our legal community?
Shereen Johal, Chair – Associate at Shoosmiths
Marc Forrest-Thomas, Vice Chair – Clerk at No5 Chambers
Jamie Adams – Keele University Graduate
Stephanie Atkins – Trainee Solicitor at Bevan Brittan LLP
Joshua Purser – Barrister at No5 Chambers
Lucy Williams – Associate at Higgs LLP
We feel that we are fairly rounded in terms of diversity and this was important to us when forming this subcommittee – to ensure we have representation across the profession . The subcommittee is made up of a combination of individuals at different stages of their legal careers and are of different ages, race, and gender.
Will there be a launch event?
Yes! Keep your eyes peeled for early 2024…
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following their progress throughout the LPC and SQE.”
Steffi Ballmann, Emerging Talent Manager at Gateley Legal, said: “We are pleased to continue our support of the BLS Diversity Inclusion Scheme having been a partner since it launched. Josh and Polina are excellent candidates and we look forward to supporting them with mentoring and welcoming them on to our vacation schemes next summer.”
Two talented young people are on the road to forging a successful career in law, thanks to a scheme launched to improve diversity in the legal sector.
Higgs LLP and Gateley Legal, along with The University of Law and The College of Legal Practice, are supporting Birmingham Law Society’s Diversity Inclusion Scheme, which helps law degree graduates from disadvantaged backgrounds or underrepresented groups.
This year’s successful candidates were Polina Krivoshejeva and Josh Mahay, who have secured a fully-funded scholarship to complete the Legal Practice Course (LPC) at the University of Law’s Birmingham campus and an LLM in Legal Practice, that includes SQE prep with The College of Legal Practice, respectively.
Crucially, the pair will also be offered a vacation scheme placement and mentoring support at both Higgs LLP and Gateley Legal.
Polina, 24 and originally from Latvia, recently completed her LLB at the University of Law and is working as a Property Recoveries Paralegal.
“Speaking with confidence about my abilities during interviews is always a daunting task for me but I found the whole application process for the Diversity Inclusion Scheme very reassuring and empowering,” she said. “I was able to put forward a strong case for the scholarship and my passion for law.
“I had to start working at a young age to support myself. One of my first jobs was as an accounting assistant, which is when I realised that I would like to work within a corporate structure.
“During my school years, I discovered my passion for analytical and research tasks, so I decided to explore law. I moved to the UK for my undergraduate degree and loved every second.
“I am absolutely thrilled to be one of the successful candidates on the Diversity Inclusion Scheme – I’m still taking it all in. It’s the perfect opportunity for me to further my education, build up confidence and foster professional skills.”
Josh, 22, studied law at Aston University, where he was also a member of the Law Society and the Sikh Society. He recently completed an internship with the BBC in London in commercial rights and business affairs.
“This is a huge boost for my career and will open up a host of new opportunities,” said Josh. “I am extremely grateful to the Birmingham Law Society, The College of Legal Practice, Higgs and Gateley for this extraordinary scheme.
“The interview was a daunting prospect, but to be successful up against so many strong applicants is amazing.”
Birmingham Law Society’s Diversity Inclusion Scheme was first launched in 2020.
Sophie Wardell, HR Director at award-winning firm Higgs LLP, said: “Higgs is fully committed to inclusion and to helping address the social and economic disparities faced by some young people who want to pursue a career in law.
“This is a fantastic scheme that helps to break down barriers. By pledging our support, we are committing to providing vacation scheme placements and first-class mentoring to the successful candidates with some of our most experienced lawyers.
“Throughout the application process, Polina and Josh stood out as outstanding candidates and we look forward to supporting them both and
Alice Kinder, Birmingham Law Society Vice President (at time of writing) and Chair of the Birmingham Law Society Social Mobility sub-committee said: “An individual’s background can have a huge impact on their ability to access and progress in the legal profession and it is very important that the Birmingham legal community works together to break down these barriers.”
Sarah Ramsey, Dean of the University of Law Birmingham Campus said: “We are very pleased to continue our support of the BLS Diversity and Inclusion Scholarship having provided a full fee scholarship every year since the scheme began. As a University we are committed to increasing diversity in the legal profession and supporting applicants from diverse backgrounds who have much to offer and are thrilled that one of our former LLB students has been successful this year.”
Dr Giles Proctor, CEO of The College of Legal Practice added: “We are delighted to be able to offer Josh this unique opportunity alongside our partners. Improving access to the profession runs through everything that we do at the College, and we look forward to supporting his SQE journey.”
Craig Marshall, Group Chief Operating Officer at Irwin Mitchell said: “The two firms are a great cultural fit and share a similar purpose, values, and future vision. We have ambitious plans for growth, and we are both focused on building on our client-centric approach, an excellent colleague experience and an ambition to become leading responsible businesses.
“This strategic investment significantly expands our access to Scotland and Irwin Mitchell and Wright, Johnston & Mackenzie believe it will fundamentally enhance the service for current and future clients across the whole of the UK and internationally.”
Fraser Gillies, Managing Partner at Wright, Johnston & Mackenzie, will continue to head up operations in Scotland.
Following the sad loss of former Group Chief Executive Officer (CEO), Andrew Tucker, Irwin Mitchell Group have confirmed the appointment of Craig Marshall as its new Group CEO.
Craig joined Irwin Mitchell in 2007 when the firm merged with Scottish law firm Golds before being appointed Chief Executive Officer of Irwin Mitchell’s Personal Legal Services Division from 2014 to April 2021. He then became Group Chief Operating Officer in 2021.
Craig Marshall: “I’m delighted and honoured to have been appointed by Glyn and the Irwin Mitchell Holdings Board and would like to thank them for affording me this opportunity to lead us through the next stage of our evolution.”
The announcement comes as the firm announces its investment in Scotlandbased law firm Wright, Johnston & Mackenzie with the two firms working in collaboration to provide a full suite of legal and financial services operating out of more than 20 locations across England, Scotland, and Wales.*
The firms have complementary skills north of the border with Irwin Mitchell Scotland operating out of Glasgow predominantly in banking and finance and complex personal injury work, while Wright, Johnston & Mackenzie specialises in corporate, private client, property, and asset management.
In England and Wales, Irwin Mitchell already provides a full suite of legal and financial services which will be opened up to Wright, Johnston & Mackenzie’s clients. The two firms have access to 200+ jurisdictions across the world via membership of several international law firm networks and through these networks have collaborated for a number of years. This mutual respect and awareness has given rise to the realisation that the direct relationship that is now being created will provide great opportunities for both firms and their clients.
As part of the agreement, on completion, Irwin Mitchell Partners Bruce Macmillan, Craig Marshall and Mark Higgins, will join the newly constituted Wright, Johnston & Mackenzie Management Board.
He said: “This is a landmark moment for our firm. We have expanded considerably over the past decade and this investment will supercharge our growth efforts and provide a clear route into England and Wales, while broadening the services we can offer our clients.
“We share a similar approach, putting our clients and people at the heart of everything we do. We also share similar ambitions for the future, so we are proud to make history together and begin this exciting new chapter.”
Both Irwin Mitchell and Wright, Johnston & Mackenzie have pursued strategic growth plans over the past decade with lateral hires and M&A activity used to grow their businesses in complementary areas and in order to adapt to their clients’ and the market’s needs.
In the past 12 months Irwin Mitchell has also agreed deals to acquire asset management firms TWP Wealth and Andrews Gwynne. The firm has also opened new offices in Cardiff and Liverpool and recruited 18 new Partners.
example, a clients’ former partner may opt not to take on their own legal representation, which means that as the only official advocates, Affordable Justice ends up putting in more hours (at the woman’s expense) to make sure that applications for court hearings are pushed forward. Once in court, the former partner also has the right to personally crossexamine our client.
“We have coached numerous women through this terrifying situation,” continued Sue Sedgwick. “These are women who have already undergone years of torment and abuse. Unfortunately, the system allows this to happen, re-traumatising women on an emotional level and impacting them yet more on a financial level”.
Affordable Justice, an online Alternative Business Structure nonprofit law firm that specialises in working through a feminist framework with women escaping from domestic abuse situations, is seeking to significantly scale up its business model across the UK.
Set up in 2016 in direct response to the cuts in legal aid implemented by LASPO in 2013, the company has since supported over 1100 women in accessing legal support and representation. Founders Sue Sedgwick, pictured above, and Lisa Hilder predicted the extent to which women would be personally impacted by the cuts and felt it crucial to find a way of reducing the costs charged to these women.
“At £300-350 per hour, plus VAT, even professional women who are on a higher than average salary are going to struggle to meet the costs of a commercial solicitor,” commented Lisa Hilder. “Many women will have been controlled financially by their partners, having access to even their own incomes restricted, and any spending scrutinised. Even basic paperwork such as passports and driving licenses are often controlled, which means that many women are unable to even start legal proceedings as they cannot produce any form of identity.”
The Affordable Justice business model operates as a non-profit charity, stripping away the profit element that is usually charged by commercial solicitors. This means that the firm can charge less than a third of what women would normally be expected to pay.
Of equal importance, Affordable Justice - which was established by women for women - approaches its working practice through a feminist framework. What this means is that the woman is placed at the centre of all legal decision making.
“What we were witnessing on a daily basis was the prevalence of women who are victims of abuse being re-traumatised due to the way in which the legal process works through the Family Court,” added solicitor Sue Sedgwick. “Basically, women felt as though they were not being heard, nor believed. We were being contacted by women who had nearly abandoned any hope of finding a just and legal route out of their untenable situations due to the structure of the family law system that allows their former partners to perpetuate that coercive and abusive control in the courts”. Increasingly the company, which also operates as a charity, is dealing with this weaponization of the courts system by the perpetrator. For
The company’s experiences demonstrate how domestic abuse, in its many different forms, and legal childcare arrangements, are both prohibitively expensive and woefully weighted against the woman. Consequently the company is on a mission to advocate on behalf of women who have been disproportionately impacted since the erosion of legal aid in 2013. The company’s work started in Yorkshire and the Humber, but it now works across England and Wales.
To this end the company has refined its business model to ensure it can scale quickly across England and Wales. Driven by the constraints of covid, Affordable Justice has created an online model of working that allows its women family law solicitors to structure their working schedule as much as possible to be flexible to their own family lives, significantly improving their own work-life balance.
“We are in the process of building a UK wide network of women solicitors, and are always keen to hear from family law specialists who are seeking a different way of working,” said Lisa Hilder. “Importantly, while we are more affordable than high street firms, we do not compromise on the quality of our professionalism, and offer competitive salaries”.
Affordable Justice is interested to hear from family law specialists across England and Wales, including barristers and other associated professions.
There is this idea in the law of ex post fact rationalisation where (some!) judges almost immediately, upon reading the facts of the case, decide their verdict. They go into the hearing already sure of what their judgement will be, and their subsequent written reasoning has the sole purpose of using legal principles to justify the decision that they had initially reached anyway writes
David Henry, Investment Manager at Quilter CheviotHopefully for obvious reasons, this process of rationalising after the fact is not regarded as a particularly good framework for making decisions.
As investors we need to pay heed to this potential pitfall. Human beings a) don’t like admitting that we are wrong; and b) look for patterns everywhere. As a consequence, there can be a constant desire to justify why markets have moved in a certain way. If you don’t believe me, just go now and look at any financial website – “stocks move higher/lower based on ….”. There needs to be cause and effect, day to day randomness doesn’t make for great copy.
But here is the trouble, it turns out our memories aren’t great either. Oftentimes our recollection of the past
is tinged by more than a little nostalgia. We remember things the way that we want to remember them, not necessarily how they were.
As an investor what might seem screamingly obvious today may have looked anything but six months ago. We all have very short memories. This can result in an unfair tendency to castigate ourselves for perceived mistakes –“damn, it was so obvious that would happen.
Why didn’t I act on what I thought?”.
But this train of thought is dangerous in itself. In trying to make up for a perceived error of omission, we can naturally be persuaded to commit a subsequent error of commission, choosing to act when the odds are not necessarily as stacked in our favour as we perceive, so as not to “miss out again”.
Narrative shifts are inevitable, and powerful. For just one recent example look no further than Meta (Facebook in old money).
Last November you couldn’t give the stock away. The share price was in a 75% drawdown from its all-time high, Mark Zuckerburg was being lambasted for torching company resources on the Metaverse project and Tik Tok was stealing their lunch money. I had a quick look at some research notes published on the stock at the time, and the mood music was not good. Per
Bernstein’s note on Meta published on 27th October last year “Our old swim coach once crudely said “the bad news is you suck, the good news is you can only get better. There was some truth to those words, and perhaps the same holds true here”.
It sure did. Fast forward nine months or so, and the stock is within striking distance of its all-time highs again. The same holds with inflation. If in 6-12 months the pace of inflation has fallen significantly and measures such as the consumer price index (CPI) are back around 2% year-on-year, there may be a temptation to assume that this was inevitable. Of course, it is not.
This rise in price has been accompanied by a natural and significant shift in sentiment. From being a no-hoper Meta is now the company to finally put Twitter (now known as X) out of its misery. Threads made it to 100m users in five days. Spending has been reined in. And, I can’t quite believe that I’m typing this, the smart money is on Zuckerburg giving Elon Musk a pasting in an actual fight.
It is easy today to sit back now and construct a rationale for why it was obvious that this happened. WhatsApp is integral to daily life, Instagram has huge and growing scale, cutting spend was an easy and controllable win, Zuck is a genius etc. etc. You might have seen this coming all along – but let’s be honest here…did you? Did you really? We remember things the way that we want to remember them, not necessarily how they were.
One of the old favourite stock market tropes is that you don’t want to try and “catch a falling knife”. But as the Meta example shows us, it can sometimes be immensely profitable to try and do just this. Just don’t expect good companies to suddenly get really cheap without an ugly narrative – more often than not the best trades will be the ones that feel the most uncomfortable in the moment. If people inaccurately recall the past, and are pretty poor at predicting the future, then all that matters really is today’s reality – and today’s narrative can be overwhelming.
To get the inside view from David Henry, Investment Manager at Quilter Cheviot, delivered straight to your inbox, subscribe to his fortnightly diary, ‘Taking Stock - Diary of an Investment Manager’ here.
This is a marketing communication and is not independent investment research. Financial Instruments referred to are not subject to a prohibition on dealing ahead of the dissemination marketing communications. Any reference to any securities or instruments is not a personal recommendation and it should not be regarded as a solicitation or an offer to buy or sell any securities or instruments mentioned in it. Investors should remember that the value of investments, and the income from them, can go down as well as up and that past performance is no guarantee of future returns. You may not recover what you invest. This communication is not intended to constitute financial advice; if you are in any doubt as to its contents you should seek independent financial advice. Quilter Cheviot and Quilter Cheviot Investment Management are trading names of Quilter Cheviot Limited. Quilter Cheviot Limited is registered in England with number 01923571, registered office at Senator House, 85 Queen Victoria Street, London, EC4V 4AB. Quilter Cheviot Limited is a member of the London Stock Exchange and authorised and regulated by the UK Financial Conduct Authority and as an approved Financial Services Provider by the Financial Sector Conduct Authority in South Africa. Approver Quilter Cheviot 11/09/2023
In a world facing the ever-growing challenges of climate change, sustainability has become more than just a buzzword; it’s a global imperative. As we stand at the precipice of a crucial transformation towards a lower carbon economy, knowledge and expertise in sustainability are paramount.
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It is proposed that CILEX members, i.e., legal executives, be regulated by the SRA. Could there be a domino effect – will other legal services regulators follow CILEX? Will the SRA, by far the largest regulator, become a super regulator? Is this sensible consolidation, the first step towards a single fused legal profession or a recipe for disaster ask Jayne Willetts Solicitor Advocate and Bronwen Still Solicitor Consultant both of Jayne Willetts & Co Solicitors Limited.
Last year CILEX approached the SRA with a proposal to transfer its regulatory functions from CILEX Regulation Limited (CRL) to the SRA. Both regulatory bodies have now agreed to take this proposal forward and both have recently issued consultations asking their respective members for their views. The SRA consultation runs until 22 November - https://www.sra.org.uk/ sra/consultations/consultation-listing/ regulation-cilex-members/
On the assumption that the proposal
will be accepted, the SRA sets out in its consultation how it will incorporate new rules into its Standards and Regulations. These include a new Code of Conduct for individual CILEX authorised lawyers, rules for their education and authorisation and plans for the SRA’s approach to their discipline and enforcement. Existing SRA rules, such as the Accounts Rules and Transparency Rules, would have direct application to them.
The SRA says that the cost of regulating CILEX members and entities will be paid by CILEX members and that there will be no cross subsidisation. It also emphasises that the proposals do not intend to change the distinct identity of solicitors or legal executives. In other words, there is no intention to merge the two.
Most people would agree that the current system put in place by the Legal Services Act 2007 (LSA) is imperfect. Its implementation followed a report produced by Sir David Clementi, who was appointed in July 2003 to review the regulatory framework for legal services in England and Wales. This
followed a report by the Department of Constitutional Affairs which concluded that the framework was “outdated, inflexible, over-complex and insufficiently accountable or transparent”. Clementi’s task was, therefore, to suggest a simplification to the system with more transparency and accountability.
He failed in his objective. The result was the Legal Services Act – a huge and complex piece of legislation which has left the legal profession with 8 frontline regulators of greatly differing sizes and an overarching regulator, the Legal Services Board (“LSB”). All regulators have different rules and regulatory regimes and, as an added complication, many lawyers are regulated by two regulators – as an individual by one regulator and as part of a firm, by another.
This was compounded by a failure to open up the debate on which legal services should be subject to regulation and which should not. There was therefore no change to the list of reserved activities (taking oaths, litigation and advocacy, conveyancing, and probate) which had been set out in successive Solicitors Acts over many decades. This spawned an increase in those providing legal services through
unregulated entities and by unqualified individuals. The result for the public was the complete opposite of a simplification of the regulation of legal services as envisaged by Clementi.
What impact will the changes have if CRL regulation moves to the SRA– and on whom?
The SRA sees the impact on the solicitors’ profession as being minimal, although one might question the extent to which it could affect the work of the SRA Contact Centre, the Ethics Advice Team and the Supervision, Investigation and Enforcement Teams. All this could have an adverse impact on solicitors seeking help or subject to investigation. This would be a logistical problem for the SRA to sort out but given the current delays over its investigation and enforcement activities the proposal could simply result in more delays. Questions need to be asked about resources and the extent to which these would be sufficient.
The proposals would obviously have a greater impact on CILEX members who would have a new regulator and new rules to contend with. How they will react to this is not yet known. However, statistics show that
approximately 75% of CILEX members are already working in SRA regulated firms and are, therefore, subject to its rules. The greatest impact would appear to affect those that work in CILEX regulated entities, of which there were 19 in June 2023. Some, which are eligible, would be automatically passported to become SRA regulated entities. There are also 40 CILEX-ACCA Probate entities –separate limited companies which are set up by accountancy practices authorised and originally regulated by the Association of Chartered Certified Accountants (ACCA). ACCA regulation has now passed to CRL. The proposal is that at present they would retain their own rules.
The changes are largely being sold as beneficial to the public and as a move to greater achievement of the regulatory objectives set out in the LSA. These are set out by the SRA in its consultation in the following way as:
• “Supporting public confidence by simplifying the regulatory landscape to make it easier for consumers to understand and access regulated services, supporting consumer choice and access to justice.
• Enhancing public protection by bringing the regulation of solicitors and authorised CILEX lawyers together, to maintain and enforce standards for two of the key groups of lawyers in consistent ways.
• Bringing efficiencies through reducing regulatory duplication for those authorised CILEX lawyers who work in SRA-regulated firms. This includes around 75% of all CILEX professionals .
• Improving consumer protection by replacing as far as possible the current limited compensation arrangements for clients of CILEX entities with the SRA’s Compensation Fund arrangements, without requiring any cross subsidy from solicitors.
• Providing new opportunities to address the regulation of new and emerging forms of legal services in an integrated way across both professions.”
There are clearly potential benefits from having CILEX members, who largely work in SRA firms, under a common regulator and working with
a common set of rules. It also makes for a clearer picture for the public. One of the risks may be a dilution of both brands – solicitor and CILEX, despite the SRA’s assertion that this will not happen. It would have to be anticipated that CILEX members might be concerned that this could be a first move to eradicating their independent professional status. Success would also depend on the SRA being properly resourced to effectively manage the integration of another group of lawyers into its regulatory regime.
The SRA’s consultation paper makes clear that at this stage the SRA only proposes to regulate “authorised CILEX lawyers” which are those who are authorised to conduct, without supervision, a reserved legal activity. If the change is successful, other CILEX members, such as students and paralegals, may be brought into the net.
The consultation is long and complex and sets out new proposed rules as well as looking at how the regulation of indemnity insurance, AML activities and accounts would be dealt with. It represents a significant increase in regulatory responsibility for the SRA and all firms need to give considered thought to the possible consequences to them and the profession.
If this amalgamation of SRA and CILEX regulation goes ahead will this encourage other small legal professional bodies, such as the Costs Lawyer Standards Board and the Intellectual Property Regulation Board, to follow suit and divest themselves of their regulatory obligations? In ten years’ time, could we be looking at just two regulators – the SRA and Bar Standards Board? Would all legal advisers have common training via the Solicitors Qualifying Examination and be known as a lawyer? At that stage, would the LSB still have relevance? These are intriguing questions but the end result could be something far closer to the objective of simplicity that was set for Sir David Clementi.
by Catrin Macleod, solicitor and business analyst at Law Society strategic partner Quill
Think that legal project management (LPM) is the kind of phrase which only the really big law firms need to know about, right? For the huge cases which require a whole army of lawyers to complete? Think again.
Most legal professionals already engage in some form of project management. They just don’t realise it. Whether it’s every time they take on a case or when they are managing admin tasks, all legal services consist of highly structured processes. LPM is simply a means of enhancing that legal service with traditional principles of effective project management.
In short, it’s about taking the inadvertent project management you’re already doing, and transforming it into something much more deliberate and successful.
It almost goes without saying that employing strong project management methodologies, and being strict in their application, will make your law firm more efficient. When implemented correctly, LPM can result in reduced write-offs, better collaboration within your team, and improved profitability overall.
But, perhaps most importantly, these efficiencies result in more time – time you can spend on going the extra mile for your clients.
Clients have always wanted their chosen firm to be proactive and transparent, to communicate effectively and meet deadlines on time. But now, they expect all of
that as a bare minimum. LPM is the best thing you can do to ensure you meet those expectations.
The other major benefit of LPM is that it will go a long way in helping you meet the competences set out in the Statement of Solicitor Competence by the Solicitors Regulation Authority (SRA).
Section D sets out the expectation that solicitors must “initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise, including:
1. clarifying instructions so as to agree the scope and objectives of the work
2. taking into account the availability of resources in initiating work activities
3. meeting timescales, resource requirements and budgets
4. monitoring, and keeping other people informed of, progress
5. dealing effectively with unforeseen circumstances
6. paying appropriate attention to detail”.
Sound familiar? Not only will adopting good LPM
methodologies help you do all the above, but it can also ensure you avoid making the kind of mistakes that can draw the SRA’s attention.
LPM issues are often at the heart of matters when things go wrong. In fact, in our recent webinar on this subject, Juliet Oliver, general counsel and executive director at the SRA, identified the areas where most lapses occur: failing to carry out due diligence and ‘know-your-client’ checks not keeping, using or maintaining accurate records inadequate policies and controls over data security, and a lack of formal policies and procedures in place on how to manage risks in handling disputes.
These are all simple things, but getting them wrong can lead to reports to the SRA, especially for law firms dealing predominantly in residential conveyancing and probate, personal injury, and immigration. Plus, smaller firms are actually more likely to receive reports to the SRA, due to the fact that they often don’t have the necessary procedures in place.
So, when things do go wrong, what’s your best course of action? As Oliver says: “The best defence to a claim or a complaint to us is a clear and accurate record that shows the system, policy, or procedure in place and that this was followed. Being able to account for the decisions you make and the advice you give is really critical.”
So, how exactly do you go about introducing LPM to your law firm? There are many approaches, but one of the most effective options is to structure and complete every one of your projects in four distinct phases:
1. Define scope – Ensuring that you and your client are on the same page is a crucial aspect of good LPM. Make sure you understand exactly what the client needs, and be clear about what you might require from them in return.
2. Establish a project plan – If you want your project to be successful, then you need to provide a clear plan for how you’re going to get from A to B. Set achievable milestones, list every action, and be upfront about the price.
3. Conduct your legal case – This is the part where you crack on. And, if you do it right, then this phase should look very similar to the previous one. When things arise that you weren’t anticipating (as they always do), deal with them expeditiously and communicate appropriately.
4. Review the process and outcome – There’s no point sticking to a process if it isn’t working. Look back at the previous three phases and ask yourself what went right, what went wrong, and how you could improve. If you do this properly, and keep accurate records throughout, then you’ll be rewarded with fewer surprises in the future. Don’t forget to give feedback to your team to share the learning.
It might be a harsh reality check, but you should start by addressing the phases where you’re failing first. You don’t need to enlist an expensive consultancy firm to do this; just be honest, look at what you can improve easily, and start improving it. Don’t worry – it’s easier than you think.
What you’ll find is that most law firms are pretty good at managing the first three phases of LPM, but most frequently fall down in phase four: review processes and outcome. Think about it. When was the last time you had an honest debrief? Really dug into the data to understand why costs ran away from you or delays happened? Focus your time and energy here, and you’ve won half the battle.
There are definitely some essentials which you’ll need sooner rather than later:
• Project plan checklist / templates – Search for them online, find something you like and make it work for you. Better yet, look at the technology you already use – are there any tools that you’re not taking advantage of?
• Milestone calendar with tasks – Ensure you have a place where you can track all the key dates you need to hit, and a workflow so your team has a process to follow.
• Monthly reporting – Keep a clear audit trail and review how effectively you’re meeting client expectations on a regular basis.
• Multiple communications channels – Communicate with clients via the method which is most convenient for them.
• Debrief protocols – Make the review phase, and the learnings which come with it, compulsory.
The easiest way to do all of that? Using an effective legal practice software solution (like Quill) to streamline the process. Having an all-in-one system which your team can use to flag issues, manage documents and record time (among other things) will make managing projects smarter, not harder.
In short, introducing LPM into your law firm – no matter how large or small – is about taking iterative steps, being honest about where you can improve your processes, tapping the technology that you have available, and communicating early and often with your clients.
Quill’s ‘What is legal project management, and why should you care?’ article first featured under the title ‘Pet projects’ in The Law Society’s ‘PS Magazine’ in August 2023.
As proud affiliate partner of The Law Society, discover Quill’s practice and document management, and legal accounting software at www.quill.co.uk/legal-software.
