The Birmingham Law Society Bulletin APR / MAY 2023

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BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

APRIL / MAY

2023 BLS LEGAL AWARDS

All the pictures and winners from this year’s awards. P8.

REGULATION REPORT: Using client account as a bank – new SRA case studies. P20.

WOMEN IN LAW

How can they be retained? P24.

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CONTENTS

4. President’s Address.

6. Upcoming and Past Events.

8. 2023 Legal Awards.

12. Members’ News.

19. Jobs Board.

20. Regulation Report: Using client account as a bank – new SRA case studies.

24. How can we retain Women in Law?

27. Recognising if a role qualifies as a paralegal is important for employee and employer.

CONTACT US

www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk

Tel: 0121 227 8700

Birmingham Law Society, Suite 101, Cheltenham House

14-16 Temple Street, Birmingham, B2 5BG

Twitter: @bhamlawsociety Insta: @birminghamlawinsta

Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk

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Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2022. BULLETIN THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY FEB / MARCH 2023 BLS LEGAL AWARDS This year’s shortlist has you on the list? P8. FOUR BUSINESS HABITS Legal Ombudsman –changes to scheme ARMY LEGAL SERVICESWhat’s Legal Life Like In

PRESIDENT’S LETTER

On 6th February I travelled to London for a meeting with the new Chair of the Bar Nick Vineall KC to discuss the Bellamy recommendations and the efforts by Criminal Law firms to achieve the rates that the Bellamy report proposed. Nick confirmed the support of the Bar and that message has also been passed on to Lubna Shuja and her team at TLS.

In my inaugural speech as President I highlighted the need for the Criminal Bar and Criminal Solicitors to join forces in future negotiations with Government on such matters. We are stronger when united, both in terms of numbers but also tactically when there is no wriggle room for the Government of the day to play one off against the other which benefits no one but those holding the purse strings. The bottom line is the Criminal Justice system is broken and in need of significant investment before it completely falls apart. At the core of that must be fair remuneration for ALL those who have chosen to undertake this vital area of practice.

I must start by issuing an apology to all BLS members. In my last update I pointed to the fact I would be overseas on No5 Chambers business for a week in February with a promise that although I would still be attending BLS Council and Board meetings from foreign climes, I would not be seen wearing shorts and you would be spared the sight of my knobbly knees.

T he week in the life of the President updates created by Jess Uppal at BLS regrettably did reveal both shorts and knees and Jess has set up a counselling line for those suffering PTSD.

Prior to heading across the Atlantic, and fully clothed, we had a busy lead in to my trip overseas.

We hosted the Joint V meeting at 103 Colmore Row courtesy of Guy Barnett and Axiom. Later that week I met with Paul McConnell from UOB and Mykola Bliashyn to discuss what we can do to support Ukrainian Lawyers who have come to Birmingham to find a home and career in the most tragic of circumstances. We will be hosting

an event where Ukrainian lawyers will be in attendance to network with our local firms in the hope that connections and opportunities can be explored for the mutual benefit of all concerned.

We should not forget what an amazing and vibrant country Ukraine was prior to the events of February 2022 and God willing it will be so again in the near future. The opportunities for the future go beyond our city and indeed national boundaries so do come along and support the event.

On 2nd February we held our Managing partners meeting hosted by Mike Ward at Gateley’s. The meetings by design are an informal gathering for updates under Chatham House rules and no formal minutes are taken but I can tell you, there is both an acknowledgement of the issues and a desire from all present at the meeting to do all they can to retain women in law. As I have previously said, this is a key challenge for the profession particularly post maternity and later the menopause, but we must and will rise to that challenge.

The evening before I flew out, I along with Samantha Ross (Bevan Brittan), hosted an event for legal apprentices. Apprentices have not historically been the normal and traditional route to the profession but it is increasing in popularity and “WOW “ what an enthusiastic, driven and energised group they are. If there is anybody interested in finding out more, do please get in touch with the BLS office and we will connect you with Sam and the committee.

On my return to the UK I attended the 40th Anniversary party of Benussi Solicitors at Hotel Du Vin. Diane Benussi, who is of course a former President of BLS, needs no introduction and it is said she is responsible for many married couples staying together such was the fear of having Diane appear on the other side!

8TH March was International Women’s Day and we marked the day at an event held at Birmingham Crown Court in collaboration with the Midland Circuit Leader Michelle Heely KC and Women in Criminal Law.

Despite the heavy snow we had a really good turnout for the unveiling of framed photographs of inspirational women in law which will now be a permanent feature at the Crown Court.

The highlight of the last couple of months activity was 9th March

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which marked the 21st Anniversary of the BLS Awards. It was a celebration of the talent we have in Birmingham, the Black Country and other surrounding areas.

The awards were the brain child of Mike Ward who whilst President introduced the awards with an expectation that it would run for circa 7 years. My congratulations go to all those who were nominated and those who were voted best in their class on the evening.

It was fitting that in a week that heralded International Women’s Day that our guest speaker was Jo Fairley, Co-founder of Green and Black’s chocolate amongst a number of other successful ventures and that Eileen Schofield won the Lifetime Achievement award at the tender age of 21!..... I have no doubt she will still be protesting that she is too young to receive such an accolade and who am I to argue but receive it she did and deservedly so.

In typical Eileen fashion she flew in from the Commonwealth Lawyers Association conference in Goa that day in readiness to pick up the award from Mohammed Zaman KC, Head of the Business and Property group at No5.

Looking forward, we will be collaborating with our sponsors Landmark Information and Professor Bob Lee at University of Birmingham in putting on a climate change event and we will be hosting the Attorney General. I will update you about both those events and many others in my next update.

In the meantime, I hope you all have an enjoyable Easter break and that we all get some decent weather.

Birmingham Law Society thanks our Gold Sponsors

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100 YEARS OF WOMEN IN LAW

MEMBER’S EVENTS

Recruitment Roadshow

Upper Tribunal, (Immigration and Asylum Chamber)

2nd May, 4.30pm – 6.30pm, No5

Barristers’ Chambers - Free

BLS Quiz

10th May, 6pm – 9pm, Revolución de Cuba

£100 +VAT for member team of 5 | £125 +VAT for non-member team of 5

Networking Social for Lawyers sponsored by St Ives Chambers

24th May, 6pm – 8pm, Cosy Club

Free for members | £10 +VAT for nonmembers

Pride 2023 Walking Group

27th May, 11am – 4pm, Central Birmingham - Free for all to attend

Breakfast Networking with the Attorney General

1st June, 8.30am – 10am, No5 Barristers’ Chambers

Free for members only

To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk

LEGAL APPRENTICES NETWORKING EVENT

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INTERNATIONAL

LEGAL MASTERCLASS

WINE TASTING

BE A PART OF PRIDE THIS YEAR WITH BLS

MANAGING & SENIOR PARTNERS LUNCH

For Birmingham Pride we're organising a walking group of up to 40 individuals that will take part in the parade this year. Places are on a first come first serve basis. Everyone is welcome!

Have you thought about joining us for Pride this year as a walker or a sponsor, get in touch to avoid disappointment!

For event sponsorship opportunities, contact events@birminghamlawsociety. co.uk for more information.

INTERNATIONAL WOMEN’S DAY

NETWORKING AT 3PB

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PATRICK’S DAY
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2023 BIRMINGHAM LAW SOCIETY LEGAL AWARDS NIGHT

The winners of the 21st Birmingham Law Society Legal Awards have been announced with Fiona Farrell, Irwin Mitchell LLP scooping the award for Solicitor of the Year, Gowling WLG winning Law Firm of the Year (National) and Eileen Schofield of Schofield & Associates honoured with the prestigious Lifetime Achievement award.

Held at the ICC Birmingham on Thursday 9th March, the glittering awards ceremony was hosted by ITV’s Emma Jesson and recognised and celebrated the high calibre of legal work that takes place in Birmingham whilst shining a spotlight on the exceptional quality of professional talent that the city’s legal community has to offer.

Tony McDaid, President of Birmingham Law Society, said: “The judging panel had an immensely difficult task selecting this year’s winners due to the phenomenally high standards of nominees for this year’s awards. The West Midlands is blessed with some of the legal sector’s most influential and sectorleading firms and individuals – all of whom choose to flourish here in our region. The Birmingham Law Society is proud to be part of its success and honour it with this fantastic awards ceremony.”

Over 250 entries for this year’s awards were shortlisted to a final 58 nominees before the 12 winners were selected by a panel of judges made up of representatives of the Birmingham Legal community.

The full list of winners are:

Trainee Solicitor of the Year sponsored by The University of Law

Monika Gagat, Squire Patton Boggs (UK) LLP

Apprentice of the Year sponsored by BPP University

Renee Tombs, Bevan Brittan LLP

Paralegal of the Year sponsored by Landmark Information Group Liberty Green, Weightmans LLP

Solicitor of the Year sponsored by Cornwall Street Barristers

Fiona Farrell, Irwin Mitchell LLP

Barrister of the Year sponsored by Birmingham City University

Louise Corfield, No5 Barristers’ Chambers

Partner of the Year sponsored by Eminent Crisis Management Group Ltd, Christopher Plumley, Trowers & Hamlins

Pro Bono Award sponsored by Keele University

William Horwood, St Philips Chambers

Equality and Diversity Award (Law firm) sponsored by The College of Legal Practice

Bridging the Bar

In-House Award sponsored by Eminent Crisis Management Group Ltd Birmingham Organising Committee for the 2022 Commonwealth Games

Law Firm of the Year (Sole practitioners and firms up to five partners) sponsored by Index Property Information

Fountain Solicitors

Law Firm of the Year (Regional) sponsored by LEAP Legal Software Higgs LLP

Law Firm of the Year (National) sponsored by St Philips Chambers

Gowling WLG

Lifetime Achievement Award sponsored by No5 Barristers’ Chambers

Eileen Schofield, Schofield & Associates

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This year’s awards are sponsored by Birmingham Group, Fazenda, Index Property Information, Keele Chambers, Oosha, St Ives Chambers, St Philips
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Birmingham City University, BPP University, Cornwall Street Barristers, Eminent Crisis Management Keele University, Landmark Information Group, LEAP Legal Software, No5 Barristers’ Chambers, The College of Legal Practice and The University of Law.
EVENTS 10 birminghamlawsociety.co.uk
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BIRMINGHAM LAW FIRM ADDS BANKING TRIO

Full service law firm Shakespeare Martineau has added to its Birmingham-based banking team with a trio of hires.

Associate Mariam Mansoor, who brings with her more than five years’ post-qualified experience, developed her debt finance experience –including acquisition, asset and real estate finance and acting for borrowers, banks, government and financial institutions – in Leeds before relocating to the Channel Islands to specialise in financial services law for a Guernsey-based magic circle firm.

There, Mariam provided legal advice from a Guernsey law perspective for corporate and private clients, financial institutions and intermediaries worldwide involving banking, regulatory, funds and corporate transactions.

Mariam said: “Having gained invaluable experience of the offshore legal market, I am thrilled to have returned to mainland England to join Shakespeare Martineau, which has a strong reputation for its excellent workplace culture.”

Also newly-appointed to the team is Noreen Khan-Ghalib, taking on the role of chartered legal executive. Coming from a real estate and commercial property background, Noreen has acted for a variety of clients, particularly in the retail sector, with some renowned law firms. In her new role, Noreen will be focusing on UK corporate banking and finance, and acting for both lenders and borrowers, drafting transactional documents while building on developing her debt finance experience.

LOCAL BUSINESSES SUPPORT CHARITY WITH ‘BREW FOR THE CREW’

Noreen said: “I am looking forward to developing my legal career at Shakespeare Martineau and have always been passionate about joining the firm from quite early on in my career. Not only does the firm provide tailored advice to clients, but it also ensures the wellbeing of its teams.”

Joining the team as a paralegal is Tina Sehmar, who spent the past 12 months as part of the in-house legal team for a global accountancy and professional services firm. Prior to this, she assisted in advising lenders and borrowers on all aspects of banking and finance, including corporate mergers and acquisitions, real estate finance, restructuring and assetbased lending.

Tina said: “I was attracted to the firm’s ambitious growth plans as part of the Ampa group as well as its culture, and I am delighted to be part of an outstanding team working alongside experienced partners.”

Shakespeare Martineau is proactively seeking talented people to join the firm on its growth journey, including mergers, team recruitment and lateral hires nationally.

Naomi Tudor, head of corporate banking at Shakespeare Martineau, said: “We are thrilled to have three exceptionally talented people join our growing team. We have experienced increased instructions from existing clients and have recently on-boarded new clients, so Mariam, Noreen and Tina will help us as we deal with this growing demand. I look forward to all three of them building their careers with us.”

Ten local businesses across the region, including seven in the West Midlands, have pledged to support the hardworking crew of Midlands Air Ambulance Charity, but offering rest stop facilities for the teams working on the charity’s three critical care cars.

While the aircrew on-board the prehospital emergency service’s three air ambulance helicopters remain at their respective airbases for mission call outs, the critical care paramedics on the charity’s northern, central and south critical care cars are on standby in and around urban areas, enabling them to respond swiftly to local incidents.

Therefore, local organisations have pledged their support of the charity by becoming ‘Brew for the Crew’ rest stops, giving the advanced clinicians a place to take a break, enjoy a cuppa and use the facilities.

Businesses such as Solihull Moors F.C, Edgbaston Park Hotel and RAC have offered their support since the initiative launched in January this year, and the charity is encouraging more businesses that have the ability to offer the crew a rest stop to also sign up.

Pam Hodgetts, corporate partnerships manager at Midlands Air Ambulance Charity, said: “Our advanced rapid response team of critical care paramedics often attend missions backto-back, which is why a rest stop is so important. The opportunity for crew to have close by facilities to have a free cuppa and a break is really important to keep them refreshed and energised for the remainder of their 12-hour daily shift.

Businesses can register their facilities for Brew for the Crew by emailing pam. hodgetts@midlandsairambulance.com.

NEWS
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EMPLOYEE

ACHIEVEMENTS CELEBRATED WITH LONG SERVICE AWARDS

Irene Rankin and Renewals Administrator Billie-Kay Nagle, who have each been with Forresters for ten years, as well as Trade Mark Paralegal Samantha Nagle and Senior Associate David Murphy, who each celebrated 20 years of service.

For Samantha, there’s a simple reason why she has stayed at Forresters as long as she has. “20 years sounds like a long time; however, it doesn’t feel like a long time to me,” she said. “I suppose that’s because I love my job!”

Intellectual property firm Forresters is celebrating the continued service of 11 members of staff, who have completed a collective 195 years with the firm.

Long service awards were introduced by Forresters in 2022, and this year were presented at all three of the firm’s UK offices.

At Forresters’ London office, Legal Administrators Nirupa Shah and Carole Clarke were commended for their respective 20 and 15 years with the company.

Five staff members at the firm’s Birmingham office received awards, including Partner Jagvir Purewal, and Credit Controller Lidia Kotlarz-Birbeck, who have each spent ten years at Forresters, as well as Senior Accounts Assistant Neil Darby and Legal Administrator Diane Ellis, who have both been with the firm for 20 years. Of all those who received awards, IT supervisor Les Wood has been with Forresters the longest, having accumulated an incredible 35 years of service.

Members of staff at the firm’s Liverpool office were also celebrated, including Senior Records Administrator

Senior Associate David Murphy commented: “Having been a part of Forresters for 20 years now, it seems quite poetic that I’ve now been here long enough to see some of my earliest filed patents expire! I’ve thoroughly enjoyed my time here, and hope to be here for many more years to come.”

Matt Shaw, Managing Partner at Forresters, spoke highly of the value of long service awards. “We are immensely proud to be recognising our longest serving staff members with long service awards once again this year,” he said. “Forresters’ continued success would not be possible without the hard work and outstanding contributions made by our colleagues, and it is a privilege to be able to mark their achievements in this way.”

TRANSACTIONAL TAX TEAM BOOSTED WITH FIVE NEW APPOINTMENTS

of domestic and cross-border M&A. Acting for a range of clients from start-ups to listed companies, she advises private equity funds; designs and implements employee incentive arrangements; and provides real estate tax advice for estate investments and development matters.

Also based in Birmingham, Jennie Newton joins Irwin Mitchell with over 20 years of tax experience gained from working at firms including Eversheds and Pinsent Masons. She advises individuals, partnerships and corporates on the personal and business tax implications of their property transactions. She is also a member of the Stamp Taxes Practitioners Group.

Irwin Mitchell in Birmingham is continuing to invest and build strength in depth within its transactional teams with the recruitment of five senior tax lawyers.

The latest move by Irwin Mitchell adds two partners and three senior associates to the firm’s Corporate & Finance team which is headed up nationally by Simon Owen.

Moving from Knights where she was partner, Kate Featherstone will lead the Tax team at Irwin Mitchell and will be based in the firm’s Birmingham office. Kate is joined by her three senior associates from Knights - Jade Edgar, James Arnold and Eve Williams.

Kate Featherstone is experienced in a wide range of corporate transactions and specialises in the tax aspects

Simon Owen, Director of Legal Services (Corporate & Finance) at Irwin Mitchell, said: “Recruiting this team is a clear signal of our intention to grow the Corporate & Finance division at Irwin Mitchell. It is an exceptionally strong transactional tax team which complements and enhances our existing offering to our growing Corporate & Institutional client base.

“All five have a proven track record of delivering a high standard of legal advice and I’ve no doubt they will be a huge asset as we continue to invest in our business and the services that we offer to our clients.

“We are delighted Kate, Jennie, James, Jade and Eve have chosen to join Irwin Mitchell and to trust us with the next stage of their careers. They’re not only a strong addition to our financial services sector, they also complement our existing affluent wealth tax capability and ensure our tax team across all audiences is even better connected.”

NEWS
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In January, Quill employees voted in Cash for Kids as their charity of the year 2023.

The vote was a close race, seeing some very worthy causes nominated and pitching dedicated children and young people’s charity, Cash for Kids, in first position.

By getting behind nationally recognised Cash for Kids, Quill’s fundraising efforts will make a huge difference to disadvantaged families affected by poverty, abuse, neglect, life-limiting illness and other difficulties. The aim of Cash for Kids is to help children and young people to achieve their potential and live life to the full, and Quill looks forward to supporting their goals.

Reflecting upon 2022, Quill smashed its £5,000 target by raising over £8,000 through a variety of creative charitable activities, with the bulk of monies generated from its main

‘Bikes, Boats, Boots’ challenge, and its charity of the year 2022, the British Heart Foundation, able to use its donation to save lives from some of the world’s biggest killers.

In 2023, Quill’s fundraising target is once again set at £5,000 and its inhouse, voluntary charity committee is busy devising its schedule of events for the year ahead on the theme of ‘falling’.

Karen Heggie, Quill’s charity committee chair, says: “One of Quill’s core values is accountability to our communities by an active ‘giving back’ scheme. We’re delighted to have pledged more than £8,000 to the British Heart Foundation this past year and we’re proud of our staff for their sterling efforts.

“We can’t wait to start raising money for Cash for Kids over the coming twelve months. When you consider the charity’s UK-wide reach and

positive impact on children and young people who need it the most, it’s no surprise it’s been chosen as our annual charity partner.

“On the topic of ‘falling’, we’re planning pursuits centred around the word’s meaning, such as an abseil, skydive or bungee jump, for example, but also more widely around falling on hard times for which we’re looking to take part in a sleep out in December. Watch this space.”

Stephanie Simpson, Regional Manager at Cash for Kids, explains: “We’re thrilled to team up with Quill and maximise our fundraising capacity to help people aged up to eighteen years old located up and down the country who benefit from our multiple initiatives, including our Mission Christmas appeal for which we’re probably best known. We thank everyone at Quill and wish them the best of luck for their 2023 fundraising.”

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CASH FOR KIDS VOTED AS QUILL’S ‘CHARITY OF THE YEAR’ 2023 ARE YOU A STUDENT AND A KEEN PHOTOGRAPHER? WE’RE LOOKING FOR VOLUNTEERS TO TAKE PICTURES AT BLS EVENTS. IT’S A GREAT WAY TO NETWORK! EMAIL EVENTS@BIRMINGHAMLAWSOCIETY.CO.UK TO FIND OUT MORE WE NEED YOU!

FOUR LEGAL DIRECTORS PLUS PHARMA & LIFE SCIENCES SPECIALIST RECRUITED

supportive environment where each individual is encouraged to grow, thrive and bring their best selves to work each and every day.

The firm has also announced the arrival of Partner Harry Hamilton Jennings to bolster its work in the Pharma & Life Sciences sector.

Harry is swapping the life of an entrepreneur to return to private practice - having spent time attending to his own business, Hamilton Law Scientific, a niche life sciences legal consultancy- and brings broad experience and deep sector knowledge which will enhance and complement the current team and benefit clients in the sector.

VWV Appoints Four Legal Directors Award-winning national law firm VWV has announced the appointment of its first four Legal Directors, who will play a key role in the continued growth and success of the firm.

Jacob Scott (Commercial), Natalie Wargent (Regulatory Compliance), Andrew Andrews (Regulatory Compliance) and Mandy Yeandle (Personal Injury) have all moved from Senior Associate positions to the newly created Legal Director positions. Promotion to Legal Director recognises one’s knowledge and expertise, as well as the support provided to clients.

Commenting on the appointments, Managing Partner Simon Heald said:

“I’m delighted to announce the appointment of four Legal Directors - huge congratulations to Jacob, Natalie, Andrew and Mandy. At VWV we have many career paths, allowing an individual to clearly plan and track their progress.

“As a firm we would want to continue recognising the valuable contribution these individuals make to the business.”

VWV’s Legal Directors will work closely with the firm’s Managing Partner and other senior leaders to shape the direction of VWV and provide topquality representation for clients. The retention and development of people is at the top of the VWV agenda. The firm strives to provide a

Harry was very interested in the idea of joining VWV’s Pharma & Life Sciences team. Commenting on his arrival, he said: “Life sciences businesses face a complex and rapidly changing business environment, with major UK and EU reforms on the way. I hope to establish close connections to the life sciences clusters in the South and middle of the UK, so that I can use my broad experience to help clients navigate a path to market and beyond.”

Harry was previously the lead knowledge lawyer for Practical Law’s life sciences offering, where he gained a deep familiarity with most aspects of law relevant to the sector. Harry drafted many contract templates and practice notes used by life sciences lawyers.

GATELEY LEGAL MAKES SENIOR APPOINTMENT WITHIN CONSTRUCTION TEAM

In his new role, Smyth will help widen the skill set of the team in Birmingham, as well as nationally, through his extensive construction law experience and expertise. He will also work closely with Gateley Legal’s property and banking teams. In addition, he will add weight to the Birmingham team by supporting and mentoring junior members and focusing on business development activities.

Gateley Legal has expanded its construction team with the appointment of Michael Smyth as a partner at its Birmingham office.

Smyth joins the team from Stafford-based ORJ Law where he was a partner for 15 years. He joined his previous firm 19 years ago as a general litigator before specialising in construction law for the last decade. Smyth has a strong background in both contentious and non-contentious construction matters, having previously acted for developers and employers, as well as both contractors and subcontractors.

Commenting on his appointment, Michael Smyth said: “I’m pleased to be joining the construction team at Gateley Legal. The opportunity to be part of a bigger team, with wider experience and more resources, was what really attracted me to the role. Previously, I was used to operating on my own, or as part of a very small team, so I’m looking forward to building on my experience alongside my new colleagues in the Birmingham office, as well as the wider national construction team.”

Emlyn Hudson, partner and head of construction at Gateley Legal, said: “We’re delighted to have Michael join our Birmingham construction team. Despite what is happening in the wider economic environment our construction team is extremely busy, especially with dispute-related matters. Michael brings the exact expertise and experience we need to support and add further strength to our team.”

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BENUSSI & CO. CELEBRATES 40 YEARS IN BUSINESS

City centre family law firm, Benussi & Co. hosted a celebration at Hotel Du Vin to mark an impressive 40 years in business.

Founder, Diane Benussi, talked about how audacious it was considered back then to set up a family law practice on her own and how the business of family law and divorce had grown nationally and internationally.

Diane was joined by her daughter and business partner, Helen Benussi and the rest of the team to celebrate with long standing clients, friends and the media.

STUDENT WORK SHADOWING SCHEME

The Birmingham judiciary are implementing a scheme aimed at increasing diversity within the legal profession and the judiciary. Under the scheme, a selection of students studying law at undergraduate or postgraduate level at Birmingham-based universities will have the opportunity to shadow a practising judge, barrister or solicitor, spending time observing hearings and experiencing what life is like as a judge or lawyer writes HHJ Emma Kelly.

Five local universities are being invited to join the scheme. (University of Birmingham, Birmingham City University, Aston University, University of Law (Birmingham Campus) and Newman University.) It is intended that each university will select a number of students each year to take part in a 2-day placement with a judge or practising lawyer. Those days may be consecutive or separate, subject to suitable arrangements between the student and judge/lawyer concerned.

It is hoped that the scheme can begin early in 2023, depending on availability and the requirements set out below. It will be for each university to identify and select those students they wish to put forward but, as the aim of the scheme is to increase diversity, the students must be from diverse cultural backgrounds and particularly those from disadvantaged socio-economic backgrounds, who do not have any existing contacts in the legal profession and who have not already secured work experience elsewhere in the legal profession.

Once the scheme has started, it is expected that it will continue with dates being allocated during 2 tranches of 3 months in the year. These are likely to be March to May and September to November.

At present, there are around 120 placements available in the year with:

Civil Circuit Judges

Family Circuit Judges

Civil/Family District Judges / Deputy District Judges

Crown Court Circuit Judges

Employment Tribunal Judges

Immigration Tribunal Judges

Social Security and Child Support Judges

Barristers (mini-pupillages) [We are grateful to the Midland Circuit for their support in this regard.]

Ideally, we want to expand the number of opportunities to include solicitor 2-day placements across all areas of law. Tony McDaid, as President of Birmingham Law Society, supports the project and is keen for local solicitors’ firm to be involved. Local solicitors may have heard about the scheme through BLS. If any local firms can offer any placements, we would be very grateful for such support.

Becky Lynch in the BLS office (becky@ birminghamlawsociety.co.uk) will be able to take your details and pass them on to the judicial committee working on implementation of the scheme.

If anyone is interested but would like more information, please forward any questions to my PA, Charan Singh (Charan.singh@justice.gov.uk) who will bring them to my attention.

NEWS
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CORPORATE TEAM REFLECTS EXCEPTIONAL PERFORMANCE DURING 2022

ANNIVERSARY SOCIAL IMPACT REPORT RELEASED

Shoosmiths has reflected on a year of exceptional performance by its corporate team, having advised on more than 400 transactions with an aggregate deal value of £5bn from January to December 2022.

Corporate activity levels remained elevated throughout last year, with Shoosmiths’ corporate team working across a record number of deals spanning private equity, mergers and acquisitions (M&A) and venture capital – many with a strong cross-border element.

According to the recently released annual league tables reporting on 2022 activity, Shoosmiths is the most active law firm advising on corporate transactions across the UK (Experian, 2022). In the past year the firm has seen high quality instructions from larger corporates looking at strategic M&A to accelerate their growth plans and disposals of non-core subsidiaries to reinforce balance sheets. Examples of this include advising Linnaeus Veterinary Limited on multiple strategic acquisitions, Sandbox International on the acquisition of Playkids (Brazil) and Nissan Motor on various strategic divestments.

Furthermore, Shoosmiths holds its first place ranking in the UK and Ireland for the second consecutive year, having advised on more Venture Capital (VC) than any other law firm. They are also the second most active firm advising across Europe (Pitchbook). Deal highlights for the VC team in 2022 include advising Octopus

Ventures on a Series D Funding round which raised $100m, as well as advising Masabi on its significant strategic growth investment from Accel-KKR.

In Private Equity (PE), Shoosmiths continues to broaden its cohort of PE sponsor clients and build-out its dedicated cross-disciplinary team for management advisory work. Deal highlights for the PE team include advising Five Arrows Principal Investments on its investment into Mintec alongside Synova Capital, placing the firm, once again, in the top 10 for PE deals in the UK and Ireland (Pitchbook).

Expanding its client offering, Shoosmiths also welcomed five new partners and four legal directors to its corporate team in 2022. Oliver Pilkington and Nick McCarthy joined to kick-start the firm’s specialist ECM team and well-known lawyer, Elia Montorio, joined the corporate team to lead and further leverage our larger corporates offering. The team also welcomed tax partner Dan Sharman from Osborne Clarke.

Ben Turner, national head of Shoosmiths’ corporate team, said: “In 2022 we saw record results in terms of both volume and values across our private equity, M&A and venture capital teams. Our teams have undertaken high-profile, interesting and transformational deals for our clients with support from our wider corporate support teams. “

PROBLEMS WITH BANKS ACCEPTING LPAS?

We’d love to have your feedback whether you have found this to be an issue, and if so with which organisations you are having difficulties?

Anthony Collins (AC) reveals the scale and impact of its social purpose-driven legal work with the publication of its annual Social Impact Report, kickstarting the firm’s 50th anniversary celebrations.

The report, which assesses how the firm fulfils its purpose of improving lives, communities and society, highlights the impact of its work across its specialismsfrom charities and education to housing, local government and individuals.

In 2022, 94% of AC’s work was measured to have a direct positive social impact.

During this time almost 50% of AC’s work was for organisations with charitable status. A further 28% supported individuals, 17% directly supported local government organisations and 5% focused on social businesses, including not-for-profits, co-operatives and community interest companies. Over the last year, AC has helped register 97 new charities.

Finally, the firm’s private legal services team helped to recover over £25 million in clinical negligence and personal injury compensation claims to help buy lifechanging equipment.

Peter Hubbard, senior partner at Anthony Collins, commented: “Our Social Impact Report gives us the opportunity to reflect on what we’ve been able to contribute over the past twelve months.

For

This would be gratefully received alongside and would be shard with the Ministry of Justice by The Law Society and Office of the Public Guardian. Please confirm whether you would be happy for you organisation name to be shared also. Contact info@ birminghamlawsociety.co.uk

“This report marks a special year for us, as we celebrate our 50th anniversary and our newly accredited B Corp status, which makes us accountableto ourselves, our clients and the wider community – on how we are making a positive contribution to society and the environment. We look forward to building on our work to date and continuing to make a real impact on more people’s lives.”

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50TH
Following a recent meeting, the OPG would like to know the extent to which members are experiencing problems with banks and financial institutions accepting instructions from attorneys on receipt of a photocopy or certified copy of a Lasting Power of Attorney (LPA).
example, banks not authorising full access to accounts by LPA holders, or barring them from telephone or app banking services, or online banking.

Role – Lawyer, Clinical Negligence

Salary: Negotiable

Firm: Weightmans LLP, Birmingham

Following their recent successful reappointment to the NHS Resolution panel, and influx of new instructions for local NHS Trusts and GPs, their team is growing, and they are looking for healthcare lawyers at all levels to join their firm. The successful candidates will have an opportunity to work on a variety of defendant clinical negligence claims at all stages of the claims and litigation process, ranging from multi million pound/liability disputed cases to novel Human Rights Act and Data Protection Act disputed issues. There is also scope for candidates to work on national projects involving patient safety, product development, innovation, fraud, governance and to train clients in all areas of our work. All successful candidates will be supported to grow and develop their careers within our clearly defined promotion process.

Role – Criminal & Motoring Defence Solicitor Advocate / In-House Counsel

Salary: £40,000 – £50,000 PA + Tr. Exp.

Firm: Kang & Co, Birmingham

Due to the position Kang & Co Solicitors holds within the private criminal defence / motoring sector, the firm is growing, and there is now a position available for a Criminal & Motoring Defence Solicitor Advocate / In-House Counsel.

The role is home based, because the successful candidate will be required to travel from home to the Magistrates’ Court, Crown Court, and the Police Station (Voluntary Police Station Interviews) daily. There are no set hours for the role, as the role is based upon business need / demand. The role would ideally be suitable for a person living between Birmingham and London because many of the Court Hearings are situated in or around London and the West Midlands. However, consideration will be given to all candidates irrespective of their location. The successful candidate will be expected to attend 20-30 Court Hearings / Police Station Attendances each month.

REQUIREMENTS

• Qualified solicitor 3YR + PQE

• Experience of defending high value and complex litigated and pre lit clinical negligence claims, preferably involving experience of working for the NHS and/or private healthcare sector

• Demonstrable experience in the healthcare sector

• Excellent technical ability and knowledge of CPR

• Strong and effective communication skills

• Disciplined time management and organisational skills

• Capacity to rigorously investigate and analyse evidence

• Ability to multi-task and prioritise

The successful candidate will be required to represent clients at the Magistrates’ Court for:

• Sentence Hearings

• Exceptional Hardship Applications

• Special Reasons Hearings

• Mention Hearings

• Criminal & Motoring Offence Trials

If the successful candidate has rights of audience in the Crown Court, they will also be required to represent clients in the Crown Court for:

• PTPH

• PTR

• Mentions

• Sentence

• Trials

Essential Requirements

• Rights of audience in the Magistrates’ Court

• Criminal advocacy experience

• Full UK Driving Licence & their own transportation

• In a position to represent clients across

• Ability to work to strict deadlines and targets

• Ability to adhere to client protocols

• Ability to work as part of a team and on own initiative

• Flexible approach

• Experience of training, supervising and developing junior team members would be an advantage

Please contact Jonathan Daniels, Recruitment Adviser at Weightmans LLP for more information or to apply:

Jonathan.Daniels@weightmans.com

Tel: 0345 073 9900 /ext 130424

DDI: 01512439545

England & Wales

• Exceptional advocacy skills

• Ability to work under pressure

• In a position to work flexible hours

• A confident and robust personality

Desired Requirements

• Experience of representing clients on a private paying basis

• Experience of representing regulated professionals

• An in depth understanding of motoring offences

• Rights of audience in the Crown Court

• Living in or around Milton Keynes

To apply for this role, please submit a covering letter and your CV to info@ kangandco.uk

JOBS BOARD

USING CLIENT ACCOUNT AS A BANK – NEW SRA

The origin of the rule against using client account as a bank dates back to 2003 when the Solicitors Disciplinary Tribunal decided that offering a cheque-cashing service to clients and third parties was a step too far in terms of diversification of legal services

Of the two partners in the Merseyside firm responsible for this innovation one was struck off and the other suspended .

The rule was subsequently incorporated in the 2011 and then the current 2019 Accounts Rules. It is a rule that has been challenged and contested more times than any of the other Accounts Rules. It is a rule that requires the exercise of professional judgment unlike most of the Accounts Rules which tend to be well defined and prescriptive.

The reason for the debate is that solicitors have traditionally used client account to assist their clients by receiving and making payments. Provided there was no connection to money laundering or insolvency, solicitors tended to service their clients’ needs. The SRA Warning Notice (2014 and updated in 2019) makes it very clear that “the client’s convenience is not a legitimate reason” for using client account in this way. The SRA also flags up the dangers of pressure from valuable or long standing clients to hold client money improperly. The risk of offending such clients should not stand in the way of carrying out an objective consideration of what is being asked.

RULE 3.3

The current rule is found at Rule 3.3 of the SRA Accounts Rules 2019: “You must not use a client account to provide banking facilities to clients or third parties. Payments into, and transfers or withdrawals from a client account must be in respect of the delivery by you of regulated services”. “Regulated services” is defined as “the legal and other professional services that you provide that are regulated by the SRA and includes, where appropriate, acting as a trustee or as the holder of a specified office or appointment.”

SRA CASE STUDIES

Because of the myriad of financial transactions undertaken by solicitors on a daily basis which might fall foul of the rule, the SRA augmented its 2014 Warning Notice with ten Case Studies.

Some of these examples comply with the rule and some do not.

The SRA has recently updated these Case Studies by adding five more examples to assist the profession and these are examined below.

LENDER’S CONDITION ON MORTGAGE OFFER

There is often a condition on a remortgage requiring the firm to pay off certain debts and credit card balances owed by the borrower before the balance is released to them. The SRA views these payments as a condition of completing the transactions so does not view these as a breach of the rule.

“LEGAL ADVICE ONLY” RETAINERS

A firm provides specialist tax advice but does not act in the purchase of a property bought by the same client. The client wants to pay the SDLT to the firm to forward the tax to HMRC. The SRA considers this scenario to be a breach of Rule 3.3 as there is no reason obvious or otherwise for the firm to hold the money as it did not act in the purchase.

SALE OF THE MATRIMONIAL HOME AS PART OF DIVORCE PROCEEDINGS

A firm acts for a husband and wife in connection with the sale of the former matrimonial home. Separate firms act

in the divorce proceedings. The parties cannot reach agreement as to the division of the net proceeds of sale. The firm is concerned that it may be in breach of Rule 3.3. by continuing to retain the funds. The SRA says that it can do so until the parties reach agreement or there is a court order.

The other question which arises is whether the firm can settle a thirdparty debt from the net proceeds of sale. The example given is that of a backlog of school fees. The SRA also approves this payment from client account as it is part of sorting out the clients’ matrimonial affairs.

PARENT PAYING CHILD’S LEGAL FEES

The firm acted for a client in the sale of commercial premises and is holding the net proceeds of sale on client account. The client’s son has instructed another solicitor in the same firm to act for him in buying a flat. The father has asked the firm to retain enough money to cover his son’s legal fees and to send the balance to him. The SRA view is that this is not a breach of the rule provided that the firm has clear instructions and that there are no “red flags” such as to suggest money laundering or insolvency.

CONVEYANCING AND RETENTIONS

It is not uncommon for part of the purchase price to be retained by the

20 birminghamlawsociety.co.uk REGULATION REPORT

CASE STUDIES

buyer’s solicitors until such time as an outstanding issue has been resolved. Examples include where the seller has agreed to undertake work or in a new development where the developer deals with a snagging list or the local authority adopts the road. The SRA recognises that until outstanding issues have been resolved the retainer has not been completed and therefore holding money in this way would not be in breach of Rule 3.3.

GENERAL CONSIDERATION FOR FIRMS

The SRA Warning Notice makes clear that whether there is a proper connection between the holding of money and any underlying transaction is always going to depend on the individual facts surrounding the case. The SRA says that it expects solicitors to consider the following when receiving client money and being given instructions on its use:

• Throughout any retainer, being alert to why they are receiving money. The further the instructions deviate from normal legal instructions or professional services, the more likely they are to risk breaching rule 3.3.

• Why the client cannot receive money and make any payment directly themselves to the recipient. Is it simply for the client’s convenience? Requests to pay substantial sums to family members, corporate entities or overseas should raise concerns.

• Being wary of being asked to hold onto money after the end of a transaction with no further legal instructions attached as to its use. Remember the obligation to account promptly (Rule 2.5) when a retainer completes.

The fact that we now have 15 Case Studies with more in the pipeline demonstrates that this is a problematic issue that is unlikely to go away. Firms must make sure that they instil in their partners and fee earners a general awareness so that they are alert to the risk of falling foul of this rule. It is not just a matter for the accounts department. It is a fee earner responsibility. Partners and fee earners alike should be encouraged to seek advice in-house from the COLP or COFA and if necessary to seek external specialist advice to avoid future problems.

BPP GRADUATE BECOMES LORD SUGAR’S LATEST APPRENTICE

boxer, will receive £250,000 investment from the business tycoon to help her vision become reality.

Prior to entering the reality show, Marnie - who has been vocal about her humble beginnings of growing up in a caravan with her mother, following her fathers sudden death when she was just eight years old - undertook the BPP Law School’s Barrister Training Course, and was working as a court advocate up until she began filming the show last year.

partner. Throughout her time on the series, Marnie clearly took some of the skills she’d developed during her training with us to impress not only Lord Sugar himself, but also his advisors Baronness Karren Brady, and former Apprentice winner Tim Campbell.

The winner of the 2023 series of The Apprentice on BBC has been revealed as Marnie Swindells, who graduated from BPP University Law School in 2018 following the successful completion of its Barrister Training Course.

The 28 year old businesswoman, who impressed Lord Sugar and his team with her plans to set up a community-focused boxing gym BRONX following more than 10 years experience within the industry as well as being a gold medal-winning

As part of the BPP Barrister Training Course, Marnie would’ve completed preparing for Pupilage 1 and 2, immersing herself in the context of realistic case studies and taking part in face-to-face workshops. She would have also undertaken the study of criminal themes, helping to develop the oral skills of conference and cross examination.

Discussing the news that one of its former graduates has been chosen as this years Apprentice winner, the Barrister Training Course team at BPP University Law School said: “We could not be more proud of the fact that one of our barrister training course graduates has beaten off some tough competition to be announced as Lord Sugar’s new business

“Despite the majority of challenges the business candidates faced on the show being largely unrelated to the field of law, it is clear from the praise and feedback Marnie received in the boardroom week by week that her confidence levels and public speaking skills were what gave her a strong business edge that stood out.

“We believe that the emotional resilience Marnie displayed during times of high stress, her ability to lead and communicate effectively with her fellow team members, and her fearless approach towards stepping outside of her comfort zone during the various business tasks are all skills that she would’ve honed and developed during her time studying with us. We are excited to see her excel in her career, and can’t wait to see her business ventures succeed with the financial investment she has been given through the show.”

LGBTQ+ SUB COMMITTEE MEMBERS REQUIRED FOR SOCIETY’S EQUALITY AND DIVERSITY COMMITTEE

across a wide range of roles and levels of seniority. Thanks to all who attended writes Catherine Edwards, chair of the Equality and Diversity Committee.

We have a new sub-committee, being chaired by Shereen Johal from Shoosmiths. She is keen to recruit members to a LGBTQ+ sub-committee. More to follow but we hope that we can have a wide range of firms, chambers and other legal organisations representing the legal profession in Birmingham at Birmingham Pride on 27 May. We will be in touch soon.

Similarly, Iyanu Onalaja (Shoosmiths) and Ruth Duffy (Anthony Collins) have become Co-Chairs of the Disability sub-committee which is renaming itself to become the Health and Disability sub-committee to reflect a wider range of interconnected issues. They will be in touch with more details of their plans.

for jointly organising such a brilliant event. A wide range of students attended and it was hugely beneficial to all who came, demonstrating true collaboration with panel members and professionals from

If anyone has an interest in having a conversation about joining any of the two subcommittees above, do get in touch with me at c.edwards@keele. ac.uk or via Shona at the BLS office.

birminghamlawsociety.co.uk 22 NEWS
The last edition of the Bulletin featured photos from the Raising Aspirations in Law event run by the Social Mobility sub-committee. Huge thanks to Marissa Jacquet, Sharon Thandi and Alice Kinder Photo from BBC’s The Apprenctie and courtesy of BBC Pictures

5 WAYS THAT TECHNOLOGY CAN HELP LAW FIRMS ATTRACT AND RETAIN TALENT

development, enabling senior lawyers to delegate work and junior lawyers to work and learn independently.

4. Keep lawyers doing what they love

A typical day for lawyers can be filled with tasks such as chasing overdue invoices, tracking each billable unit, training others and scheduling meetings. Lawyers are leaving the profession because they are unable to simply practise law. Fortunately, many of these tasks are now automated by good practice management software. Tasks such as signing documents, paying by credit card or tracking billable time can all be automated, freeing up lawyers to practise law.

5. Access skilled expertise beyond traditional borders

Employers are currently facing a oncein-a-generation skills shortage. The loss of a talented team member was once a burden, but now the costly difficulty of replacing a good employee is a potential threat to business writes

Record unemployment lows and an increase in competition has driven the need for law firms to attract and retain talent. SME law firms are reviewing the benefits, productivity tools, working day and models of working that they offer as a result of the growing need to attract skilled employees.

Technology can enable law firms to future proof their businesses, ensuring their staff and client needs are satisfied. By embracing legal practice management software and implementing self-service technology, law firms can automate lengthy processes, stand out from the competition and overcome the skills shortage the industry is facing. Here are some ways technology can help law firms attract and retain talent.

1.Create flexible working solutions

Using effective technology streamlines processes and offers employees more rewarding careers. This enables a focus on more valuable and interesting work, significantly reducing time spent on every day, repetitive, and non-billable administrative tasks. Law firms can attract and retain the best people because they want to work with the best technology. SME law firms have the agility to implement innovative technology

solutions quickly. This means they can deliver superior client service and flexible working conditions more easily than their larger counterparts. Law firms offering genuinely flexible working conditions are luring solicitors who are exhausted by long office weeks and commuting away from their current roles.

2. Win back staff

Parenthood can interrupt or end a career but that doesn’t need to be the case. Effective legal practice management facilitates flexible hybrid working solutions, enabling firms to attract lawyers with family commitments by offering the chance to work from multiple locations. A typical day no longer needs to be so structured; cloud practice productivity solutions provide lawyers with the capability to work the way they truly want and will help win back the best employees.

3. Invest and upskill junior lawyers

Junior lawyers are the future of the profession but may lack the legal expertise or business acumen necessary that comes with experience. As technology develops and more tasks are being automated, young lawyers are also most at risk. Law firms must have a plan in place to train and upskill these future experts and technology can help. Up-todate legal guides available on legal publishing software can provide junior lawyers with the crucial training they need to progress, as well as templates and forms that they can tailor for client needs. This reduces barriers to

Firms no longer need to limit their search for new talent to just their office proximity or within the current job market. Cloud technology centralises a law firm’s client and matter information, keeping it updated in real-time and accessible to all.

Lawyers and support staff can work for their practice from anywhere in the world, expanding the talent pool for law firms. For firms that rely on cloud-based practice management software, geography is no longer a boundary to attracting clients, managing their matters or engaging expertise.

By thinking long term and investing in technology, firms can transform their business operations to attract talent, support staff and stay ahead of the competition.

About LEAP

LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing world-class legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience.

Occupying a unique position in the legal software market, LEAP includes legal case management, legal accounting, document assembly, document management and legal publishing assets in one solution. Its software is designed to streamline tasks such as matter management, time recording document management, email management, automated forms, client accounting, billing, reporting and remote working.

NEWS
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HOW CAN WE RETAIN WOMEN IN LAW?

Last month, as well as International Women’s Day, Lincoln’s Inn held a dinner to celebrate 100 years of female barristers. As we celebrate amazing women that have gone before us, we are conflicted when we think of the struggles we face retaining women in the legal sector writes Rebecca Mander of GURU You.

Despite 60% of entrants into the legal profession being female, 69% of partners are male and only 31% at partner level are women. Following a discussion with current Birmingham Law Society President, Tony McDaid who is keen to look at what more can be done to achieve gender parity in our sector, I wanted to share some of the hurdles my coaching clients in the legal sector face, and talk about the solutions being put in place throughout our Birmingham based firms to address the balance and bring equity to law.

I am mindful that being a white woman from a middle-class background, I am limited to my exposure in regards to the challenges women face and on top of the two key issues addressed within this article, there are a multitude of other obstacles to be addressed, not least for women of colour, LGBQT+ women, women with disabilities or from low socio-economic backgrounds. I am privileged to have coached some incredible lawyers who give me an insight into their professional and personal worlds and the joys and

challenges that lie within. Throughout my career, I have experienced the sad reality first hand of the authority gap, the gender pay gap, the maternity gap and women who are leaning so far in they are falling over!

So, in January, I took it upon myself to speak to some leaders of the top UK law firms and get some insight into the solutions some of our city’s firms are offering in order to bring equity to our profession. For the sake of this article, I am going to look at 2 areas of focus based on the most frequently raised issues in my coaching sessions with male and female coachees last yearCareer Progression and Life Work Balance.

CAREER PROGRESSION

The top reason for lawyers wanting to work with GuruYou™ last year was career progression…and none of them were male. If you think the ‘old boy’s network’ is dead and buried, then think again. According to the Profile of the Profession report , in 2018, 145 women compared to 246 men were encouraged to apply/ invited to partner level.

This outdated system clearly is not helping inclusivity and as the firms I spoke to have evidenced, a more rigorous approach to promotion is key to retaining women in law. If we consider as a given, that women are more likely to lack confidence or suffer with imposter phenomenon, then naturally they are less likely to speak up in meetings, assert their thoughts around career progression or ask for a pay rise. The horrific truth

of the matter is that, as they have spent so long being interrupted, passed over for promotion then they truly don’t feel as valuable as their male counterparts. This is shocking when we consider that female law students in the year to August 2020 performed much better than male students, achieving a pass rate of 62% compared to 38% for men.

Until we have true equity, I expect I will always be coaching women on how to overcome the imposter phenomenon caused by the lack of evident plausibility that they should be progressing in the way their male counterparts do. I can deliver whole workshops on how to have difficult conversations, negotiate, speak up, visualise, stay in the now…. the list goes on but rather than ‘fixing’ the women, what really needs to happen is change at a systemic level within our organisations. Shoosmiths Partner, Fiona Teague tells me that learning needs to be embedded early on, “Everyone needs to be involved so it becomes part of the culture… we need to be having aspirational conversations from the very start”.

Fiona also ensures that EDI is on her monthly team meeting agenda and there are valuable discussions around barriers to progress and solutions. Shoosmiths has a High Performing Women Programme for female partners as well as a Gender Parity Network -Balance- which arrange events around equity and inclusion such as EmbraceEquity for IWD and Menopause Awareness month with in-person meetings to build a network

24 birminghamlawsociety.co.uk
FOCUS

of male/female allies. Maybe like Shoosmiths more organisations could organise a reciprocal mentoring scheme where a senior colleague is matched with one more junior to facilitate open, two-way dialogue with senior leadership on EDI. Reciprocal mentoring has been highly effective in many organisations. Sir Nick Carter was serving as Chief of Defence Staff in a very male dominated environment and he had not one but two reverse mentors, younger and more junior than him who would alert him if he interrupted women or used inappropriate words or terminology. Being aware of our unconscious bias around promotion is the first step, correcting it is harder and needs support.

Male or female, if you are a leader ask yourself when your unconscious bias has got in the way of supporting female progression. Are you ensuring you encourage as many women as men within your team to invest in training or apply for promotion? Are you having those aspirational conversations and giving actionable feedback to women as you do with men? Do you have sponsorship or coaching programmes? Studies by Harvard Business Review and Catalyst show that men and women are far more likely to succeed when they are offered coaching or a senior level sponsor, though women are sadly less likely to expect coaching or sponsorship from someone more senior which lessens the impact for women. Do all women have authority in your meetings or are they interrupted or questioned more than their male counterparts? These questions are for all of us, studies show that women are also more likely to favour men for promotion, accept their opinion more readily and listen more intently. Such is our unconscious bias.

Quite often, the salary of partner is not advertised. ONS figures in 2021 showed a 15% pay gap by the time women reached 40+ in comparison to only 1% for women up to the age of 29, quite telling statistics when you consider the average age of a parent. Sometimes women garner the courage required to influence gender parity, but it involves risk. One of my female clients, a single mum and director knew she should get more, even though her self-doubt was fighting against her speaking up. “I worked harder than my male counterpart, in addition to my chargeable targets I was head of EDI, responsible for the graduate programme, and part of several other committees and yet I get paid significantly less. I spoke to my boss twice and it felt really uncomfortable

as he clearly was not in favour of the recompense I felt I deserved. In the end I knew I had to get this and decided I would leave unless I was paid what I wanted. I got the sum I had asked for, I still think it’s less than my colleague, but I am happy as it will help me feel better about the long hours for sure!”

WORKLIFE BALANCE

According to the 2018 Profile of the Profession report 83% of respondents felt that women leave the profession in their 30s and 40s for a better worklife balance elsewhere.

My own research echoes this- I interviewed 26 coachees myself last year and 53% wanted coaching support around supporting codependents and achieving work life balance. Of the 53% only 7% were male. According to the same paper conducted by the Law Society of Scotland, only 9% of male lawyers take time off work when a child is ill, compared to 49% of female lawyers. It can’t be a coincidence that the age women are leaving the profession is around the average age of childbirth.

The recent Career After Babies report identified that the number of female managers drops by 32% after having children indicating a lack of adequate support and contact before, during and after maternity leave. Recent positive developments for future parents mean that from April 2024, working parents of two-year-olds will be able to access 15 hours of free care from April 2024, and yet in the UK this will still equate to 24% of an average income. Is your organisation having the gritty conversations about care and support, the cost of childcare and how to progress in a career by overcoming the challenges that running a family can bring? Open discussions and true flexibility are key to retaining parents who are primary carers in the sector. This is a key time for life decisions and whilst we don’t want to place undue pressures on employees, we shouldn’t assume that because they have had a baby or a life changing event, that they want progress to be ignored.

John Worrall, Head of Learning and Development at Trowers & Hamlins explained that they offer coaching for returners as well as training for leaders to support those aspirational career conversations which are paramount to success following long term leave. In addition to this, there is no “up or out” policy, giving freedom for those who wish to remain at their chosen career level to do so.

Are you making sure your employees know about Shared Parental Leave?

Only 2% of eligible couples made use of shared parent leave (SPL) last year, according to research by law firm EMW based on HMRC figures. If more men felt it was acceptable to take SPL, surely that would impact the amount of women leaving the profession.

In addition to the challenges a fulltime role presents we know the vast majority of law workers are working beyond their contracted hours.

Naomi Pryde, Scottish Lawyer of the Year 2021 is a parent who believes that the metrics that law firms use, particularly chargeable hours etc don’t favour women. “Women are more likely to under record their chargeable hours in the first place due to a lack of confidence, they are also more likely to do work that is non chargeable but very important to a law firm (though can be difficult to measure), eg mentoring, CSR, pro bono etc.” CSR work enhances the nature of the workplace, reduces attrition and attracts high calibre candidates to the organisation yet it largely remains unrewarded.

Citizenship is left to the conscientious in addition to chargeable hours for the benefit of the organisation and to boost careers mostly by women when they could well do with reducing hours due to commitments outside of work. Meanwhile, male counterparts (with often less commitment outside the workplace) fly past them on the corporate ladder without taking part in such committees! Catherine Edwards, chair of the EDI committee at Keele University and Clare Collins, Head of Learning and Development, DWF both agree we need a balanced score card to address CSR and that citizenship must be a requirement for getting ahead well before partner level. If CSR initiatives are represented fairly this not only shares the responsibility to further the wellbeing and future of the firm but then all genders are represented to mirror society, after all we want diversity in our committees! At Trowers and Hamlins, path to partner for those showing potential takes 2 years and depends on assessment of inclusive leadership and CSR initiatives as well as financial and technical metrics ensuring that there is motivation for all to engage in non-promotable activities.

Whatever they are doing is working as Trowers are within the top 5 law firms in the country with the most female equity partners (38.8%) .

If women are spending more time on non-promotable activity, that leaves even less time for business development which is financially

@birminghamlawsociety 25

rewarding. Many of the mothers I speak to are asked to build their profile and client portfolio with no consideration for when they will be able to do it. “I am frightened I can’t have it all.” One client told me “I literally have to choose every night if I want to see my children or please my boss. The firm say they embrace EDI but there is no evidence of them considering my needs or that of my family. The only women I see at the top are not a primary carer.” What could your organisation do to support work life balance and business development? Do networking events have to be in the evening? … how about breakfast events? Lunch time networking? How about nonalcoholic solutions to networking so we can be more inclusive to men and women who cannot attend such events for personal or religious reasons?

ANOTHER WAY TO SUPPORT WORK

life balance by acknowledging non billable hours is a little more challenging in our sector but nonetheless has been achieved by the firm with the highest percentage of female partners in the UK. As part of its “Flexible by Choice” initiative, in 2021 Irwin Mitchell who have more female than male partners, personalised billable targets. The Lawyer reported that the initiative considers personal circumstances,

role responsibilities, and the kind of activity being recorded. For people with caring responsibilities, personal challenges or non-fee earning activities this must enable a real sense of empowerment and achievement leading of course to retention!

Of course, I could aim, with my esteemed advisors to fill a book with ideas and solutions on how we could retain women in law. In the space afforded here, I have looked at only two areas of concern for women in the work place; career progression and work life balance.

In short, it seems that creating space within firms to have open and honest dialogue around meeting the career aspirations of women is key. We know that coaching and sponsorship is a powerful way to offer unbiased support to reduce Imposter Phenomenon and self-doubt that is exacerbated when we fail to see balanced leadership teams.

We mustn’t shy away from difficult conversations around work life balance and the challenges that co-dependants, young and old, can place upon an employee.

If you are an employee reading this, know you have a choice of where to work and with whom. If you are a leader, know you have a responsibility

to ensure your workplace is diverse and reflects the society it serves. In discussion with Sarah Walker Smith, CEO of Ampa, she reminds me that ED&I cannot be formulaic, leaders need to build ED&I into the culture of the organisation, reward words and actions and be prepared to let people go if they cannot support your goals for gender parity.

No matter who you are reading this, we can all call out poor behaviour, we can all be allies. What action could you take as a result of International Women’s Day? Why not encourage your firm to sign up to the Women in Law Pledge? Details can be found at www.lawsociety. org.uk Imagine if every Birmingham Firm signed up to this pledge supporting the progression of women into senior roles in the profession by focusing on retention and promotion opportunities, setting clear plans and targets around gender equality and diversity for our organisations…

Surely that would be a great start to retaining women in law.

If you would like to know more about the research or any of the support we can offer your employees, do not hesitate to get in touch…we would love to hear from you.

26 birminghamlawsociety.co.uk FOCUS

RECOGNISING IF A ROLE QUALIFIES AS A PARALEGAL IS IMPORTANT FOR EMPLOYEE AND EMPLOYER

In the UK, an estimated 200,000 plus paralegals work in a variety of fields and for diverse employers, but their job titles don’t include the word paralegal. There are many employers holding the mistaken belief that ‘paralegals’ are just law graduates who are waiting for a training contract or for an opportunity to complete the solicitors’ qualifying experience. In the minds of many employers, someone cannot be described as a ‘paralegal’ if they do not fulfil these criteria writes Amanda Hamilton, Patron, National Association of Licensed Paralegals (NALP).

In fact, a ‘paralegal’ is an individual who has been trained and educated to perform legal tasks. They need not necessarily be a law graduate or training to be a solicitor or barrister. However, they may have been trained as a paralegal, or in-house, to perform certain ‘legal’ tasks.

There are plenty of paralegals who may well be qualified barristers or intend to become so, but for whatever reason, they are not practising. Maybe they have been unable to gain a pupillage or a training contract to be a solicitor. Instead, they may take on job roles as ‘paralegals’, or alternatively, set up in practice as a Paralegal Practitioner running their own firm.

Generally, there are plenty of people beavering away in-house, in all sorts of organisations in both public and private sectors who are performing legal tasks and who have knowledge of practice and

procedure but who are not given the recognition they deserve.

Even paralegals can get it wrong I recently had to examine a CV of an applicant who was applying for a high-status professional membership category. This level of membership required the applicant to have a minimum of five years’ relevant legal experience.

On his CV he categorised four of those years as being employed as a ‘paralegal’. It wasn’t until I looked closely at the work he had done prior to this, that I realised that his experience included a further year of working as a paralegal even though his job description had been ‘Secretary’. This was evident from the description he had provided about his daily duties –these duties were more descriptive of a paralegal role than that of a secretary.

Duties such as answering phone calls and emails, opening files and filing documents are more likely than not to be work found in the job description of a secretary. However, as soon as you get into the realms of ‘legal research’, ‘legal drafting’ and ‘interviewing clients’ then clearly it holds more responsibility and as such can be construed to be more of a paralegal job role than anything else, as it requires legal know-how and knowledge of legal research and skills as well as legal procedure.

The difference is important There are numerous reasons why this should be significant for both employee and employer. Firstly, it

gives the paralegal status and the clients that they may work with will be impressed and hopefully have more confidence in them and their employer. It also gives the paralegal an opportunity to join a professional membership body such as NALP which is the foremost paralegal membership body in the UK, and that looks good on any CV. Furthermore, from an employer’s perspective, to have NALP recognised ‘paralegals’ working inhouse presents a more professional image to customers.

Recognising paralegals

This is simple. Does the work someone does involve any sort of legality? For example, are they involved in drafting or reviewing commercial contracts or employment contracts? Do they do any legal research to assist someone in their department? Are they involved in compliance or regulation involving ensuring that statutory criteria are met and adhered to? Are they involved in reviewing documents in relation to childcare proceedings?

If the answer to any of these questions is affirmative, then that employee could be a paralegal (the list of examples is not exhaustive).

Generally, being recognised as a ‘paralegal’ gives an individual self-respect in the work they do, as well as giving confidence to an employer that they are employing a NALP member who is an accredited and vetted professional.

OPINION
@birminghamlawsociety 27

INFORMATION, EDUCATION, COLLABORATION: WE’RE IN THIS TOGETHER

At a glance planning due diligence

meet the challenges and demands of future climate change risk and its impacts on the property industry.

unique polygon data provides an accurate representation of a development’s potential impact for easy analysis and communication. Landmark products now incorporate daily updates to planning data providing the most current view of planning across Great Britain.

RiskView Residential is Landmark’s gold standard, all-in-one environmental search report, used by property lawyers to assess a wide range of potential hazards on of prospective purchasers. These include flooding, ground stability, contaminated land, energy infrastructure and now includes daily planning application updates and constraints data.

Climate change should be at the core of every decision made in the property and real estate industry. It should drive our innovations and inform every step we take if we’re going to make positive steps toward the global net zero goals by 2050. That’s what we believe at Landmark.

Our first positive step was our Pledge to Net Zero – the first UK property data business to do so. Next, we wanted to bolster our understanding of where the property sector is heading, so we reached out to industry experts.

Those conversations grew into a collection of learnings we shared as the Climate Change Reports: The New Frontier of Real Estate Due Diligence. The paper explores the ways the property and real estate industry is working to build a better planet.

and public will have a profound effect on climate change reporting. It explains how too much data, however rich, can cause challenges if it’s not presented in a clear framework that prevents ambiguity and confusion.

They touch on retrofitting as a strong approach to hit the 2050 targets and discuss the difficulties of trying a one-size-fits-all approach to a nation of such diverse properties.

Landmark Planning allows you to understand any nearby residential planning applications which might impact the property transaction. All the data within the report is supported by easy-to-understand guidance and next steps.

It’s a fascinating read that will give you and your organisation plenty to think about as you build your own clearer picture of the current state of climate change reporting and where it’s heading.

To find out more contact your Landmark Account Manager or search provider.

Read the executive summary of the white paper & the video from our Climate Change event here.

A MARATHON NOT A SPRINT

In speaking with Jonathan Shaw and Jonathan Annan, both chartered surveyors at Harvey, Donaldson and Gibson Chartered Surveyors, we heard a call for surveying and valuation professionals to educate and upskill themselves and others to

28 birminghamlawsociety.co.uk
OPINION 844 9966 | helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing

Why you don’t just

need a

Climate Change Report, but the Landmark Climate Change Report?

You will not only find physical risks included, flood risk, subsidence, heat stress and coastal erosion but also transitional risks such as EPCs.

A report that helps commercial real estate lawyers and residential conveyancers deliver extra value. It’s intuitive and keeps your clients up to speed on the short, medium and long term physical and transitional climate-based risks with advice and recommendations for a specific property.

For more information, please get in touch at www.landmark.co.uk/products/climate-change

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